HomeMy Public PortalAbout05/01/2012 CCMMEDINA CITY COUNCIL MEETING MINUTES OF MAY 1, 2012
The City Council of Medina, Minnesota met in regular session on May 1, 2012 at 7:00
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Pederson, Martinson, Siitari, and Weir.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planner Dusty
Finke, Public Works Superintendent Steve Scherer, City Administrator Scott Johnson,
Chief of Police Ed Belland, and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the April 17, 2012 Special City Council Meeting Minutes
Moved by Weir, seconded by Pederson, to approve the April 17, 2012 special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the April 17, 2012 Regular City Council Meeting Minutes
It was noted on page two, line 30, it should state, "...would be helpful to {provide a similar
obtain resident input." On page three, line four, the
following sentence should be added, "One chief concern is for police safety, with an
intoxicated driver and gun in the cab of the vehicle." On page four, line 32, it should
state, "Michael Fine, President of Tuckborough Farms..." On page four, line 22, it
should state, "Dave Eizinger Eizinger..." On page five, lines 33 and 34, it should state,
"...detached townhomes..." On page nine, line 17, it should state, "...generator at
Independence Lift Station One Hamel Field and would be composed of chain link fence
to match the field fencing. He stated that the second portion would be the dugout
covering at Hamel Legion Field..."
Moved by Weir, seconded by Pederson, to approve the April 17, 2012 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Law Enforcement Technology Group (LETG) Link Agreement
B. Approve Phase I Environmental Study and Mechanical/Roof Evaluation for
600 Clydesdale Trail
C. AA�pprove Seal Coating Services Agreement with Pearson Brothers
D. i ppFeve Rolise� on-AgfeeT�t `�rthZG�ST01-2—R 7 -204-3
E. Resolution No. 2012- 28 Authorizing Submittal of 2012 Grant Application
for Recycling and Execution of Grant Agreement
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Moved by Weir, seconded by Siitari, to approve the consent agenda. Motion passed
unanimously.
D. Approve Police Union Agreement with LELS for 2012 and 2013
Siitari addressed the increase in sick time and then a payout of the accrued sick time
when the employee leaves. He explained the issues that come along with paying
severance pay and accrued vacation and sick time. He believed that only 50 percent of
accrued sick time should be paid out when an employee terminates their employment.
He confirmed that he did not have a problem with allowing employees to accrue up to
960 hours of sick time off, but only believed that 50 percent of that time should be paid
out when an employee leaves.
Belland provided clarification, explaining that the agreement matches the policy set by
the Council the previous year. He stated that only 120 hours of vacation and 80 hours
of sick time could be carried over from year to year, explaining that an employee then
shouldn't have 960 hours at the time of retirement. He explained that a retiring
employee would be able to apply the time off to the cost for their medical services.
Johnson confirmed the personnel policy language approved by the Council the previous
August.
Crosby suggested that this action be delayed so that the item could be further discussed
by Belland, Johnson and Siitari.
Moved by Weir, seconded by Siitari, to table the Police Union Agreement with LELS for
2012 and 2013. Motion passed unanimously.
VI. PRESENTATIONS
A. Loretto Fire Department Annual Report
Jeff Leuer, Loretto Fire Chief, apologized that he was not able to attend the last meeting
with the other three Fire Departments, as he and his Assistant Chief attended a training
session in Indianapolis. He briefly highlighted the calls for service, the types of calls
responded to, and staffing for the Fire Station. He noted that Mondays seem to have
more calls than any other day of the week. He stated that his department met with the
Hamel Fire Department to further discuss shared service and provided a brief update on
that progress. He also discussed equipment replacement and the plan for moving
forward in the future. He reported that while the department came in slightly over
budget the past year, the firefighters did a great job in obtaining donations. He noted
that the pancake breakfast was a success, with 550 people attending.
Crosby noted that medical assist calls seem to make up the largest group of calls for
service.
Belland explained that fire assistance is not required by the Fire Department for all calls
and noted that department only responds to the large medical issues, such as heart
attacks.
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Crosby noted that Medina provides 24 percent of the funding for the Loretto Fire
Department, and was responsible for 21 percent of the calls responded to, which he felt
was a great match.
Weir questioned if the idea of obtaining grant funds for a coordinator had been
discussed, noting that the coordinator could assist with the implementation of the goals
for shared services.
Leuer explained that idea had only been brought forward about 12 hours ago and stated
that staff would investigate that option further.
Johnson stated that he sent an email to the Department of Public Safety to determine if
there would be any grant funding available to assist with a coordinator.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Benson reported that the Park Commission met on April 18th and
discussed the Independence Beach boat launch, briefly summarizing the thoughts
expressed. He noted that the Park Commission would further discuss the ideas the
following night. He advised that the Commission continued to work on the Parks and
Trails Master Plan and discussed the recommendations for the ball field covers. He
noted that the Annual Parks Tour will take place on May 16th at 5:30 p.m.
Martinson stated that she also attended the meeting and believed that the residents
whom attended were in favor of regulating the Medina boat launch in order to prevent
the spread of invasive species.
C. Planning Commission
Finke stated that the Commission has not met since the last update was given and
noted that the May meeting has been canceled due to lack of planning cases.
VIII. NEW BUSINESS
A. Ordinance Amending Chapter 8 of the Code of Ordinances Regarding
Nursing Homes, Housing with Services Establishments, and Assisted
Living Facilities
Finke stated that staff received a request from a potential property purchaser. He
explained that the purchaser is interested in property, which is currently zoned
commercial highway and would like to use the property for an assisted living facility. He
explained that this type of use is allowed in most other zoning districts and
recommended that this use be added to the commercial highway zoning district. He
advised that the Planning Commission held a public hearing on this matter at their last
meeting and ultimately recommended adding this use to the commercial highway zoning
district as a conditional use. He noted that the Planning Commission had also
recommended that the use be listed as a conditional use, rather than simply an allowed
use, in the business zoning districts as well.
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Crosby stated that the biggest issue he sees is that this type of use may crowd out
future businesses that may be a better fit in that location. He discussed the possibility of
tax-exempt status and confirmed that the City could ask for payment in lieu, which would
be for fire and police services provided.
Finke identified the commercial highway zoned property that is currently vacant, or could
be developed in the future.
Martinson questioned why the developer would like that specific property, rather than
other property in the City.
Austin Cordowski, agent representing the applicant, stated that other properties were
looked at but noted that this property would have access off Chippewa but would also be
close to Highway 55. He noted that the existing building could be retrofitted to act as
the main building for the facility.
Finke explained that this parcel provides expansion possibilities in the future, and fits the
needs of the business.
Cordowski stated that the business is only interested in this parcel and has focused their
efforts on this property, but is waiting to take further action until a Council decision is
made.
Finke stated that in his opinion, this type of facility which will ultimately be built out to
house 100 residents would be a good fit in this area, compared to running a facility of
that size in a residential area.
Greg Hinacker, representing the seller, stated that although this property does not have
access off of Highway 55 it is visible from 55. He stated that the property also provides
a good view. He confirmed that the renovated building is currently a garage type
accessory structure. He believed that the intention of the buyer is to renovate the
existing building, remove the motel and then build another structure.
Cordowski provided some information on the purchaser.
Martinson questioned what would occur if the Council were to approve this request
tonight and another applicant were to come forward in a few years. She questioned if
the Council would be able to deny the future request to hold the land for commercial
activity.
Batty explained that the use would be allowed as a conditional use and noted that the
listed criteria in the proposed ordinance would guide the approval process. He advised
that a request could not be denied in the future simply to save the land for commercial
development.
Crosby explained that he would be hesitant to allow this change without first knowing
more information about the final outcome.
o
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Finke explained that staff is not opposed to the request and provided additional
information. He stated that the property is not ideal for commercial retail, as although
the property fronts on Highway 55, the access is not provided from Highway 55. He
also explained that the land on Chippewa is zoned residential and that would also guide
the type of buyer that may come in, as a commercial site may not want to be that close
to residential.
Crosby was concerned that the Council would allow this and then the facility would only
build an eight unit facility.
Finke noted that a minimum number of units could be listed, which would prevent a
small facility.
Batty explained that the first step would be to discuss whether the commercial highway
zoning district would be appropriate for this use and asked that the Council simply
discuss that matter and not what might happen on this property.
Weir stated that while she welcomed the concept, she was unsure if this was the best
use of commercially zoned property.
Pederson stated that his concern would be over the possibility of a tax-exempt use on
the property.
Crosby stated that his concern would be that the City will be looking for commercial
highway property in the future to develop and that this could take up that space. He
stated that he would not be in favor of the request, but noted that he could be
persuaded if the product were very appealing.
Weir believed that this use would better fit in another zoning district.
Hinacker stated that they could come back and make a presentation but questioned if
the City would like to base a land use decision on a presentation. He stated that he
would welcome the opportunity to come back to the Council with a formal presentation.
Weir noted that the staff report also addressed whether large assisted living facilities
should be allowed in R4 or R5 zoning districts.
Finke identified the R4 and R5 zoning districts within the City. He confirmed that there
would be less parking required for an assisted living facility or nursing home, compared
to a church or apartment building.
Hinacker confirmed that less than 10 percent of residents in this type of facility possess
vehicles.
Crosby stated that he believed that use should be allowed in the R4 and R5 zoning
districts.
Moved by Weir, seconded by Martinson, to table an Ordinance amending Chapter 8 of
the Code of Ordinances regarding nursing homes, housing with services establishments
and assisted living facilities. Motion passed unanimously.
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May 1, 2012
B. Ordinance Amending Section 710 of the Code of Ordinances Regarding
Private Wells on Property Served by the City Water Supply System
Scherer explained that the purpose of this Ordinance amendment is to limit the private
wells within the City service area. He stated that the City is unique in this, as there is a
requirement for new developments to use wells for their irrigation, but noted that staff
would still like to have some control. He explained that staff would like the Ordinance
amendment to limit the drilling of new wells to ensure that there is not interference with
the City system.
Finke stated that the blanket statement would state that there are no new wells within
the City service area, which is not currently expressed in the Ordinance. He stated that
the exception would be irrigation wells, and noted that irrigation wells would be
addressed and regulated to ensure that the City water supply is not impacted.
Crosby questioned if an environmental aspect should be added to the language, which
would prevent two neighbors from each drilling a well for irrigation purposes when one
well could service both properties.
Finke provided additional clarification.
Weir provided a specific example from the past and questioned if limiting restrictions to
domestic use was the correct term, as the specific case was a business. She
questioned if domestic would also apply to industrial and commercial properties.
Finke was unsure but noted that he would follow up to ensure that industrial properties
would also be governed. He confirmed that he would bring the item back to the Council.
Resolution Authorizing Publication of 4he Ordinance by Title and
C. WSB Water Study
Johnson explained the reasoning to complete a new water study and noted the benefits
and planning that could be done using those results. He stated that WSB has quoted a
cost not to exceed $9,188 and noted that the funds would come from the water bonds,
which are being re -characterized.
Crosby stated that he would like to see a very specific discussion on water capacity and
how much further the City can go without a water tower.
Pederson questioned if this is the right time to spend the funds, as the process was just
done in 2009 and would be conducted again in another three to five years.
Johnson confirmed that the 2009 study was conducted with information from 2001
through 2006 and reflected the economic boom that was occurring during that time. He
explained that since that time the economy has taken a downturn and the study does
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May 1, 2012
not reflect the current situation in the City. He explained that more accurate information
is necessary for planning purposes.
Weir agreed that this would be good planning.
Kellogg discussed the pricing quoted from WSB and noted that the price had been
revised twice, to get the lowest number possible. He advised that WSB conducted a
similar study in a neighboring community, which had a price closer to $20,000. He was
confident that WSB and City staff had worked together to get to the lowest price.
Moved by Siitari, seconded by Weir, to approve the quote from WSB to update the
water utility projections for the not to exceed cost of $9,188. Motion passed
unanimously.
IX. OLD BUSINESS
A. Lighting Ordinance Consultation Services Agreement
Finke noted that a draft agreement was included in the packet, along with four proposals
from electrical engineers. He explained that the current Ordinance does not match the
new technology and exceeds the technical knowledge of staff. He believed that it would
be helpful to have the technical assistance provided through one of these services and
recommended the agreement proposed by Cain Thomas and Associates.
Crosby stated that he believed that within the first $1,200 specified by the contract, staff
should determine whether it is cost effective to move forward any further.
Moved by Weir, seconded by Siitari, to authorize the Mayor and City Administrator to
execute the Lighting Ordinance Consultation Services Agreement with the firm
recommended by staff, Cain Thomas and Associates. Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT
A. Amendment to Purchase Agreement for Clam Corp
Johnson explained that the original agreement only specified 20 days, while the process
will require 60 days. He requested that the Council approve the amendment to the
Purchase Agreement.
Moved by Weir, seconded by Martinson, to approve the amendment to the Purchase
Agreement for Clam Corp. Motion passed unanimously.
B. Other
Johnson thanked the staff and Council members who attended the recent clean-up day.
Crosby stated that the pile each year is getting smaller and smaller and questioned
whether the activity should continue to take place each year or whether it should be held
every other year. He noted that he attended the clean-up event hosted by a neighboring
city and advised that city chooses to use professional services.
Scherer agreed that the numbers have been reduced each year. He agreed that the
event in Medina is more of a community event.
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May 1, 2012
Crosby agreed that the event should continue on a yearly basis for at least the next year
and noted that the event time could be cut by one hour if necessary.
Johnson noted that he would be out of the office May 2nd, 3rd, and 4th at the MCMA
Conference.
XL MAYOR & CITY COUNCIL REPORTS
Weir questioned when the residents should be brought further into the discussions and
process regarding the Clam Corp building.
Crosby confirmed that the City is still about one month out from that point.
Weir stated that she and Johnson met with Plymouth Staff Members in regard to private
City transit, such as a park and ride system. She noted that interest would be
expressed to the Highway 55 Coalition.
Martinson noted that she and Johnson met with the LMCC to discuss the internet
connections within the City of Medina and believed that LMCC would begin discussions
with Mediacom to possibly conduct a trial run of wireless internet in Medina.
Johnson confirmed that Medina and Minnetrista are being looked at for the trial run.
Crosby confirmed that the Woodridge Church situation would be discussed in a closed
session at the next meeting.
XII. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Pederson, to approve the bills, EFT 001616E-001630E for
$35,378.81and order check numbers 038242-038288 for $62,307.44, and payroll EFT
504205-504227 for $38,883.35 and payroll check number 020359 for $2,542.37.
Motion passed unanimously.
XIII. ADJOURN
Moved by Weir, seconded by Siitari, to adjourn the meeting at 9:03 p.m. Motion
passed unanimously.
Attest:
Scott Johnson, City Administrator
T.M.i,4t, 09
Crosby, Jr., May
Medina City Council Meeting Minutes 8
May 1, 2012
ORDER CHECKS April 13, 2012 - April 26, 2012
038242 RON DAHL $106.00
038243 MATTAMY MINNEAPOLIS $4,582.77
038244 METROPOLITAN CONSORTIUM $2,000.00
038245 MN DEPT OF LABOR/INDUSTRY $2,867.24
038246 MUNICI-PALS $25.00
038247 VADHULA, PRIYA $150.00
038248 AC HAMEL LLC $933.58
038249 MN BUREAU OF CRIMINAL $25.00
038250 MN BUREAU OF CRIMINAL $270.00
038251 CLARENCE OR DALORSE $500.00
038252 TWIN CITY GARAGE DOOR $96.19
038253 YUSUF, HUMA $150.00
038254 ADAM'S PEST CONTROL INC $105.81
038255 ASPEN EQUIPMENT CO. $148.81
038256 KNIFE RIVER CORPORATION $26.72
038257 CARE EXPRESS PRODUCTS INC $74.94
038258 CARLSON BUILDING SERVICES $494.92
038259 CENTURYLINK $945.39
038260 DESLAURIERS & SONS INC $250.00
038261 DOBOS $36.00
038262 EHLERS & ASSOC INC. $2,193.75
038263 FERGUSON ENTERPRISES INC $146.39
038264 GENERAL SPRINKLER CORP $270.00
038265 GRAINGER $28.09
038266 HIGHWAY 55 RENTAL $19.18
038267 HONEST AUTO LLC $837.63
038268 KENNEDY & GRAVEN CHARTERED $11,182.13
038269 KRAEMER MINING AND $1,300.15
038270 LUTHER BROOKDALE CHRYSLER $120.00
038271 MARCO (LEASE) $510.50
038272 MARCO INC $385.50
038273 METRO WEST INSPECTION $5,248.12
038274 MN DEPARTMENT OF HEALTH $23.00
038275 NELSON ELECTRIC MOTOR $4,505.50
038276 OFFICE DEPOT $81.67
038277 ROLF ERICKSON ENTERPRISES $6,389.10
038278 SELECT ACCOUNT $87.50
038279 STEINMETZ, DARLENE $320.00
038280 STREICHER'S $175.48
038281 SUN PRESS & NEWSPAPERS $30.22
038282 TIMESAVER OFFSITE $137.50
038283 TITAN MACHINERY $317.30
038284 TWIN CITY GARAGE DOOR. $55.58
038285 CITY OF WAYZATA $127.00
038286 WESTSIDE WHOLESALE TIRE $210.77
038287 WSB & ASSOCIATES $3,817.01
038288 ZEHNDER HOMES, INC $10,000.00
Total Checks $62,307.44
CHECKS April 13, 2012-April 26, 2012
001616E ELAN FINANCIAL SERVICE $1,031.44
001617E AFLAC $443.56
001618E PITNEY BOWES $112.17
001619E MINNESOTA, STATE OF $831.00
001620E PR PERA $10,844.52
001621E PR FED/FICA $10,822.21
001622E PR MN Deferred Comp $975.00
001623E PR STATE OF MINNESOTA $2,579.16
Medina City Council Meeting Minutes 9
May 1, 2012
001624E SELECTACCOUNT $542.08
001625E CITY OF MEDINA $17.00
001626E FARMERS STATE BANK OF $20.00
001627E PITNEY BOWES POSTAGE BY $1,000.00
001628E HARTFORD LIFE $451.95
001629E DELTA DENTAL $2,212.42
001630E SELECT ACCOUNT $3,496.30
Total Checks $35,378.81
PAYROLL DIRECT DEPOSIT April 13, 2012 — April 26, 2012
504205 BARNHART, ERIN A $1,543.65
504206 BOECKER, KEVIN D $2,460.13
504207 CONVERSE, KEITH A. $1,963.79
504208 DINGMANN, IVAN W. $1,779.24
504209 FINKS, DUSTIN D $2,023.97
504210 GALLUP, JODI M. $1,364.60
504211 GLEASON, JOHN M $1,843.66
504212 GREGORY, THOMAS $1,883.48
504213 HALL, DAVID M $1,850.30
504214 JESSEN,JEREMIAH S. $2,297.18
504215 JOHNSON, SCOTT T $2,199.50
504216 KLAERS, ANNE M. $597.29
504217 KORDIAK, JEFFREY $675.07
504218 LANE, LINDA $1,303.15
504219 LEUER, GREGORY J $1,863.36
504220 MCGILL, CHRISTOPHER R. $1,654.75
504221 NELSON, JASON $2,129.38
504222 PETERSON-DUFRESNE, DEBRA A. $1,551.59
504223 PORTINEN, TERI $1,293.27
504224 REINKING, DEREK M $1,325.95
504225 SCHERER, STEVEN T $2,227.37
504226 VIEAU, CECILIA M $1,152.65
504227 VINCK, JOHN J. $1,900.02
Total Payroll Direct Deposit $38,883.35
PAYROLL CHECK April 13, 2012 — April 26, 2012
020359 BELLAND, EDGAR ] $2,542.37
Total Payroll Checks $2,542.37
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May 1, 2012