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Home My Public Portal About12/20/2011 CCM303 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 20, 2011 The City Council of Medina, Minnesota met in regular session on December 20, 2011 at 7:01 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Martinson, Siitari, and Weir. Members absent: Pederson. Also present: City Attorney Ron Batty, Planner Dusty Finke, Public Works Superintendent Steve Scherer, City Administrator Scott Johnson, and Recording Secretary Amanda Staple. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Johnson requested to organize the New Business portion of the agenda Moved by Weir, seconded by Siitari, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the December 6, 2011 Regular City Council Meeting Minutes It was noted on page three, line 46, it should state, "discussed at a 2007 public meeting..." On page three, lines 33 and 36, it should state, "...CaIglus Calamus..." On page four, lines 12 or 13, it should state, "...Medina staff are still the lowest, or second lowest, paid staff of the comparison group still has among the lowest per capita fully burdened staffing costs." On page five, line 10, it should state, "...la as..." On page six, line 20, the following sentence should be added, "After discussion the Council directed Johnson to conduct studies with the city of Independence, and other involved parties, at no cost to the city of Medina in order to provide more facts upon which a decision could be made." On page six, line 21, it should state, "Crosby noted that The details of such study could be worked out between staff ." On page six, line six, it should state, "...Wan-k Wenck..." On page four, line 49 and page five, line 36, it should state, "...Calsuc Kaltsus..." On page eight, line 38, it should state, "...would all require all..." On page nine, lines 13 and 14, it should state, "He could be in favor of six lots, possibly increased to seven lots." Moved by Weir, seconded by Martinson, to approve the December 6, 2011 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Approve 2012 Tobacco License Renewals B. Approve Hamel Legion Park Concession Services Agreement with Church of St. Anne C. Approve Engineering Agreement with WSB Medina City Council Meeting Minutes December 20, 2011 304 D. Approve Change Order No. 1 for Hunter Drive North Road Improvement Project Moved by Weir, seconded by Siitari, to approve the consent agenda. Motion passed unanimously. Crosby discussed item B, regarding the concession services agreement, and confirmed that although fees are not paid to the City through this agreement, fees are obtained through a surcharge fee paid by the Hamel Athletic Association for baseball players using the fields. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Park Commission would be meeting the following night and noted that the grant funds for ball field lighting were not awarded to Medina. He hoped that the Park Commission and the Athletic Association could develop a plan B. He noted that a proposed lot split would also be discussed at the meeting. C. Planning Commission Planning Commissioner Robin Reid provided an update of the previous meeting, at which three public hearings took place. She summarized the public hearings and discussion which took place including a proposed lot split, a request for a variance from a rear lot line setback to rebuild a swimming pool, and for proposed revisions to the Sign Ordinance. VII. OLD BUSINESS A. Resolution No. 2011-106 Granting a Private Kennel License to Hanna Buckley at 1822 Morgan Road Crosby stated that two resident letters were received in regard to this request, which had been distributed to the Council. He requested to amend the number of dogs allowed on the property from eight to six. He stated that in prior circumstances where the Council has approved more than the allowed number of dogs there had been support from the neighborhood, whereas in this situation there are comments against the request from the neighborhood. He was also unsure if the construction of a privacy fence should be directed. Martinson confirmed that some of the neighbors were not in favor of a privacy fence. Weir stated that she had been to the property and confirmed that Hanna Buckley stated the dogs are not on the property during the summer. Finke confirmed that a containment fence is specified in the conditions and condition four, regarding the privacy fence, could be removed. He clarified that the Council, if approving six dogs, would only be allowing one additional dog for which these conditions would be applied. Medina City Council Meeting Minutes December 20, 2011 305 Batty provided additional information regarding licensing and the ability to revoke the license if necessary. He confirmed that the license could be revisited in one year to determine if all aspects are working well. Crosby suggested language which could be used in regard to the possible requirement of a privacy fence. Siitari commented that there are a lot of conditions for just one extra dog and noted that several of the conditions are already listed in the Ordinance. Nancy Curry stated that she was present to gain additional information regarding dog licensing, in case she would like to apply for a license in the future. Crosby explained the process for licensing dogs and provided background information regarding this specific request. Moved by Weir, seconded by Siitari, to approve Resolution No. 2011-106 Granting a Private Kennel License to Hanna Buckley at 1822 Morgan Road, which allows up to six dogs, as amended. Motion passed unanimously. VIII. NEW BUSINESS A. 2012 Rates for Prosecuting Attorney Johnson stated that staff received a letter from Steve Tallen requesting to increase the hourly rate for prosecuting services, from $118 to $125 per hour. He noted that he did speak with Belland and Belland did not oppose the increase, or see any problem fitting that increase into the budget. Crosby explained that the services provided by Tallen are different than the services provided by Batty. He estimated that half of the services charged by Batty in 2010 were reimbursable by fees paid by an applicant. He explained that fees for engineering are also reimbursable by fees paid through the applicant. He stated that Tallen only has one rate which is charged and the services are not reimbursable by an applicant. He did not oppose the increase. Batty commented that the City is getting a great attorney for the proposed increased rate. Moved by Weir, seconded by Martinson, to approve the proposed changes to Tallen and Baertschi rates for 2012 prosecution services. Motion passed unanimously. B. Ordinance No. 515 Establishing Fields of Medina Storm Sewer Improvement Tax District Johnson explained the process that the City has followed in the past for storm sewer improvements. He advised that if the developer does not follow up with improvements, the City is able to establish a storm sewer improvement tax district, specific to that development in order to make those improvements. Crosby opened the public hearing at 7:45 p.m. Medina City Council Meeting Minutes December 20, 2011 306 Moved by Weir, seconded by Siitari, to close the public hearing at 7:45 p.m. Motion passed unanimously. Finke questioned if the filing of the plat should also be listed as a condition. Batty explained that condition could be added to the Ordinance, or the action for this item could be delayed until the filing of a final plat is approved. Crosby stated that he would prefer to add the requirement specifying the filing of the plat. Moved by Weir, seconded by Siitari, to approve Ordinance No. 515 Establishing Fields of Medina Storm Sewer Improvement Tax District, as amended. Motion passed unanimously. 1. Resolution No. 2011-107 Authorizing Publication of Ordinance by Title and Summary Moved by Weir, seconded by Siitari, to approve Resolution No. 2011-107 Authorizing Publication of Ordinance No. 515 by Title and Summary. Motion passed unanimously. C. Ordinance No. 516 Amending Fee Schedule Johnson briefly highlighted the items which are proposed to be amended. Weir referenced the section for grading permits and discussed violations. Finke noted that language is spelled out in other Ordinances and would not need to be included in this Ordinance. Crosby referenced the fees for the German Liberal Cemetery and confirmed the rate for non-residents. He questioned whether the rate of interest was appropriate for the delinquent utility rate charges. He asked that Batty review the requirements to ensure that rate of interest can be charged to delinquent utility bills. 1. Public Hearing on Zoning Fees Crosby opened the public hearing at 7:56 p.m. No comments were made. Moved by Weir, seconded by Martinson, to close the public hearing at 7:56 p.m. Motion passed unanimously. Moved by Weir, seconded by Siitari, to approve Ordinance No. 516 Amending the Fee Schedule. Motion passed unanimously. 1. Resolution No. 2011-108 Authorizing Publication of Ordinance by Title and Summary Moved by Weir, seconded by Martinson, to approve Resolution No. 2011-108 Authorizing Publication of Ordinance No. 516 by Title and Summary. Motion passed unanimously. Medina City Council Meeting Minutes December 20, 2011 307 D. Schedule Special Meeting for Annual Goal Setting Session Moved by Siitari, seconded by Weir, to call for a Special City Council Meeting on January 17, 2012 at 2:00 p.m. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT Johnson stated Mayor Crosby received news from Hennepin County Commission Jeff Johnson regarding a temporary light which will be constructed at Hackamore and 116. Crosby briefly summarized the meeting which took place and explained that although the light is titled temporary, there are temporary traffic lights which have been in place for 20 years and do not look different than permanent lights. He stated that the estimate was for the light to be in place this spring prior to the resurfacing of Highway 55. X. MAYOR & CITY COUNCIL REPORTS Crosby provided an update on the Fire Report meeting which took place the previous week and had been noticed as a special Council meeting since all members of the Council attended. He stated that the Report was presented and the ultimate recommendation is that a merger between the Hamel and Loretto Fire Departments is feasible. He also noted that he was present the previous weekend for office hours and a resident did visit him to discuss trapping in regarding to the newly passed Hunting Ordinance. He confirmed that City Hall would be closed the next two Mondays for the Christmas and New Years' Holidays. XI. APPROVAL TO PAY THE BILLS Johnson noted a correction which was applied to a specific bill. Moved by Weir, seconded by Siitari, to approve the bills, EFT 001427E-001454E for $51,127.44 and order check numbers 037717-037784 for $312,866.33, and payroll EFT 503931-503961 for $44,965.11, as amended. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Siitari, to adjourn the meeting at 8:07 p.m. Motion passed unanimously. Attest: Scott Johnson, City Administrator Medina City Council Meeting Minutes December 20, 2011 308 This Page Intentionally Left Blank Medina City Council Meeting Minutes December 20, 2011 309 ORDER CHECKS December 2, 2011 - December 15, 2011 037717 IVAN DINGMANN $161.98 037718 KENYON, TANEAL $250.00 037719 LINDA LANE $20.00 037720 LOUKUSA, LORI $250.00 037721 NAPA $139.42 037722 DAHL, GARFIELD JR $150.00 037723 LOVEN, JILL $210.00 037724 SAM'S CLUB $113.75 037725 WENDY VANCAMP $250.00 037726 ALLSTAR ELECTRIC $146.10 037727 AMERICAN PLANNING $300.00 037728 AMERICAN WATER $310.00 037729 GARY & JANICE CARY $45.88 037730 COMMERCIAL ASPHALT CO $102.17 037731 CITY OF CORCORAN $200.00 037732 CORNER HOUSE/INTERAGENCY $1,015.00 037733 CORRPRO COMPANIES INC $670.00 037734 DELANO SPORTSMANS CLUB $300.00 037735 DIAMOND MOWERS INC $817.72 037736 ELM CREEK WATERSHED $14,813.38 037737 EULL'S MANUFACTURING CO $1,304.08 037738 VOID $0.00 037739 GOPHER STATE ONE CALL $338.85 037740 HAKANSON ANDERSON $1,216.25 037741 HAMEL LUMBER & SUPPLY INC $390.16 037742 HAMEL VOLUNTEER FIRE DEPT $200.00 037743 HARMON AUTOGLASS $417.18 037744 HENN COUNTY ELECTIONS $886.32 037745 HENN COUNTY INFO TECH $812.56 037746 HENN COUNTY SHERIFF $109.09 037747 HENN COUNTY TAXPAYER SVCS $621.56 037748 HENRYS WATERWORKS INC $190.38 037749 INTERSTATE BATTERY SYSTEM $146.37 037750 KERN, DEWENTER & VIERE $25.00 037751 KELLY'S WRECKER SERVICE INC $80.16 037752 KENNEDY & GRAVEN CHARTERED $8,542.60 037753 GREGORY J LEUER $224.00 037754 LEXISNEXIS RISK DATA MGMT $31.00 037755 CITY OF LONG LAKE $300.00 037756 CITY OF LORETTO $300.00 037757 MARCO INC $386.35 037758 METROPOLITAN COUNCIL $18,939.41 037759 METRO WEST INSPECTION $6,559.20 037760 MID AMERICA METER INC $30.34 037761 MINUTEMAN PRESS $1,928.51 037762 MN CHIEFS OF POLICE ASSN $230.00 037763 NELSON ELECTRIC MOTOR $200.00 037764 NORTH AMERICAN SALT CO $5,498.87 037765 OFFICE OF ENTERPRISE $10.00 037766 CITY OF ORONO $300.00 037767 CITY OF ORONO $368.29 037768 PEGS COUNTRYSIDE CATERING $48.09 037769 PIONEER-SARAH CREEK $9,805.07 037770 CITY OF PLYMOUTH $100.00 037771 PREMIUM WATERS INC $128.24 037772 REHRIG PACIFIC COMPANY $949.06 037773 SAMS LAWN & LANDSCAPE INC $28,150.00 037774 STREHLER FARMS -DOG IMP. $635.00 037775 STREICHER'S $420.03 037776 SUN PRESS & NEWSPAPERS $133.00 037777 TALLEN & BAERTSCHI $3,110.35 037778 VALLEY NATL GASES LOC93 $88.60 037779 VIKING INDUSTRIAL CENTER $37.34 037780 WATER CONSERVATION $849.98 037781 WEST HENNEPIN PUBLIC $760.00 037782 WESTSIDE EQUIPMENT $282.46 037783 YAHOO CUSTODIAN OF $20.44 037784 GEISLINGER AND SONS INC $196.496.74 Total Checks $312,866.33 Medina City Council Meeting Minutes December 20, 2011 310 E-CHECKS December 2, 2011 — December 15, 2011 001427E PR PERA $12,122.59 001428E PR FED/FICA $12,274.16 001429E PR MN Deferred Comp $1,000.00 001430E PR STATE OF MINNESOTA $2,957.08 001431E CITY OF MEDINA $17.00 001432E FARMERS STATE BANK OF $20.00 001433E ACCLAIM BENEFITS LLC $3,209.17 001434E CENTERPOINT ENERGY $468.96 001435E MEDIACOM OF MN LLC $49.95 001436E PITNEY BOWES POSTAGE BY $1,000.00 001437E FRONTIER $52.44 001438E CULLIGAN-METRO $32.38 001439E PIVOTAL PAYMENTS INC $56.97 001440E PAYMENT SERVICE NETWORK INC $176.90 001441E HOSTINGMINNESOTA.COM $17.98 001442E CIPHER LABORATORIES INC. $2,513.22 001443E ASSURANT EMPLOYEE BENEFITS $525.84 001444E XEROX CORPORATION $35.05 001445E WHCEA $2,293.28 001446E XCEL ENERGY $8,701.03 001447E XEROX CORPORATION $35.05 001448E EXXONMOBIL $344.09 001449E VALVOLINE FLEET SERVICES $55.49 001450E VOID $0.00 001451E ACCLAIM BENEFITS LLC $1,297.62 001452E PITNEY BOWES $112.17 001453E AFLAC $205.24 001454E ELAN FINANCIAL SERVICE $1.553.78 Total Checks $51,127.44 PAYROLL DIRECT DEPOSIT December 2, 2011 — December 15, 2011 503931 SIITARI, MIKE $184.36 503932 BARNHART, ERIN A $1,465.46 503933 BELLAND, EDGAR J. $2,505.04 503934 BOECKER, KEVIN D $2,414.58 503935 CONVERSE, KEITH A. $2,151.83 503936 COONEY, DALE T. $959.53 503937 CROSBY, THOMAS M. JR. $334.15 503938 DINGMANN, IVAN W. $2,109.11 503939 DOMINO, CHARMANE $1,813.71 503940 FINKE, DUSTIN D $1,924.21 503941 GALLUP, JODI M. $1,340.23 503942 GLEASON, JOHN M $1,611.87 503943 GREGORY, THOMAS $1,675.80 503944 HALL, DAVID M $2,407.22 503945 JESSEN, JEREMIAH S. $2,893.08 503946 JOHNSON, SCOTT T $2,162.35 503947 KLAERS, ANNE M. $588.47 503948 KORDIAK, JEFFREY $664.72 503949 LANE, LINDA $1,319.50 503950 LEUER, GREGORY J $1,802.54 503951 MARTINSON, MELISSA $235.87 503952 MCGILL, CHRISTOPHER R. $1,685.06 503953 NELSON, JASON $2,348.31 503954 PEDERSON,JEFF $224.36 503955 PETERSON-DUFRESNE, DEBRA A. $1,484.66 503956 PORTINEN, TERI $1,356.88 503957 REINKING, DEREK M $1,391.46 503958 SCHERER, STEVEN T $2,193.96 503959 VIEAU, CECILIA M $1,133.29 503960 VINCK, JOHN J. $1,813.72 503961 WEIR, ELIZABETH V $235.87 Total Payroll Direct Deposit $44,965.11 Medina City Council Meeting Minutes December 20, 2011