HomeMy Public PortalAbout05/01/2018 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF MAY 1, 2018
The City Council of Medina, Minnesota met in regular session on May 1, 2018 at 7:00
p.m. in the City Hall Chambers. Mayor Mitchell presided.
I. ROLL CALL
Members present: Anderson, Pederson, Martin, and Mitchell.
Members absent: Cousineau.
Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief
of Police Ed Belland.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:00 p.m.)
Johnson requested to add an item under New Business, 8C, Pitchers Mound Installation
with Hamel Athletic Club.
Moved by Anderson, seconded by Pederson, to approve the agenda as amended.
Motion passed unanimously.
IV. APPROVAL OF MINUTES (7:01 p.m.)
A. Approval of the April 17, 2018 Special City Council Meeting Minutes
Martin clarified that the meeting commenced on April 4, 2018 and reconvened on April
17, 2018. She noted that she provided her suggested revisions to Johnson.
Moved by Martin, seconded by Pederson, to approve the April 17, 2018 special City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the April 17, 2018 Regular City Council Meeting Minutes
Anderson noted that he submitted his suggested changes to Johnson prior to the
meeting.
It was noted on page two, line 28, it should state, "...endorsed the Commission..." On
page five, line five, it should state, "mayors' meeting..."
Moved by Anderson, seconded by Martin, to approve the April 17, 2018 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA (7:03 p.m.)
A. Call for Concurrent Meeting with the Park Commission on May 16, 2018 at
4:30 p.m. for the Annual Park Tour
B. Appoint Lori Meehan to fill Vacant Seat on Medina Park Commission with
Term Expiring December 31, 2018
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C. Approve School Lake Preserve Conservation Easement Indemnification
Agreement by and between the City of Medina and the Minnehaha Creek
Watershed District
D. Approve Memorandum of Understanding by and between the Minnehaha
Creek Watershed District and City of Medina
Moved by Martin, seconded by Pederson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:04 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Rumsey reported that at the last meeting the Park Commission
reviewed the Ditter Concept Plan, noting that the Commission does not have a plan for
parks in that area and therefore would most likely recommend cash in lieu for park
dedication on that property should the plan move forward. He stated that the
Commission also discussed the budget and overview of the park dedication fund. He
stated that it will be important for the Commission to develop a longer -term plan as the
amount of development that has occurred recently is not predicted to continue at that
rate.
Scherer stated that the municipal park fund was also discussed, as he believes that the
replacement items should not be funded through park dedication and park dedication
should only be used to purchase new items.
Mitchell agreed that it will be important to have a plan for the park dedication funds. He
stated that he is not well versed in the differences between the municipal park fund and
park dedication fund and perhaps it would be helpful to have more information during the
budget discussions.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to discuss the
Ditter Concept Plan, which would subdivide four parcels into six parcels. He noted that
the item is scheduled to move forward to the City Council at the next meeting.
VII. PRESENTATIONS
A. Resolution No. 2018-26 Recognizing Debra Peterson for Ten Years of
Service to the City of Medina (7:11 p.m.)
Mitchell read aloud the proposed resolution recognizing Debra Peterson for ten years of
service to the City of Medina.
Moved by Martin, seconded by Pederson, to Adopt Resolution No. 2018-26 Recognizing
Debra Peterson for Ten Years of Service to the City of Medina. Motion passed
unanimously.
Mitchell presented the resolution to Debra Peterson and thanked her for her service.
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Finke stated that over the past ten years he has often heard positive comments from
contractors and others that do business with the planning department and noted that is
due to the customer service provided by Debra Peterson. He thanked her for her
contributions to the planning department.
Mitchell stated that he often hears from developers that the staff is very knowledgeable.
VII1. NEW BUSINESS
A. Ordinance Amendment — Regarding Regulations Related to Lighting and
Sign Illumination (7:14 p.m.)
Finke explained that six years ago there were complaints from residential property
adjacent to a Holiday Station Store in response to the store's blue lighting. He stated
that the owner of the Holiday Station Store removed the lights as the store owner could
not show compliance with the City's ordinance. He stated that last year the property
owner requested similar light banding, which gave way to the moratorium. He noted that
LED lighting has become more standard for many uses. He stated that because every
sign application that comes through includes LED lighting, it became clear that the City
needed to address the ordinance to include that element. He noted that the
measurement the City uses for compliance does not apply to LED. He stated that the
issue is terribly complicated, and staff has reached out to many cities and contractors.
He stated that one staff member of the City of Bloomington was very helpful and
provided a lot of useful information. He stated that the findings were listed in the report
and provided information on the measurement commonly used to measure LED lighting.
He suggested making the change to include the new measurement for LED lighting. He
provided an example of the light banding and recognized that it can cause problems
when used adjacent to residential properties. He reviewed the recommended range of
permitting lighting for decorative/banding used by Bloomington. He provided examples
from Bloomington that meet the range, noting that in person it would be hard to tell the
difference between 200 to 500 NITS. He explained that the difference comes between
500 and 1,000 NITS. He stated that the higher range would be allowed for daytime
hours to ensure that the message on a reader board would be visible during the daylight
hours and noted that the lower range would be used for evening hours. He stated that
the City has had similar limitations on dynamic display signs and has not received
complaints related to those signs. He stated that to successfully enforce this, the City
would need access to a meter that can measure NITS and is hoping to partner or
contract for that service. He stated that the Planning Commission suggested prohibiting
decorative lighting panels/banding adjacent to residential properties, which was not
included in the original proposed ordinance from staff. He stated that as staff was
working on this ordinance, a commercial property owner inquired about a dynamic
display sign. He explained that currently a property is required to have 500 feet of
frontage to have a dynamic display. He stated that the Planning Commission supports
removal of that limitation. He reviewed some of the alternatives that were reviewed
during this process that were not recommended. He noted that the ordinance only
applies to non-residential properties. He stated that the current lighting ordinance
requires that any illuminated sign be extinguished at the earlier of 11:00 p.m. and when
the business closes. He stated that staff has not enforced that curfew and many
businesses keep their signs on all night. He stated that staff recommended removing
that limitation, but the Planning Commission recommended leaving the curfew in the
ordinance. He explained that the Commission did not intend on enforcing the curfew but
felt that the additional enforcement ability could be helpful if there is a problem in the
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future. He reported that the Planning Commission held a public hearing at its meeting in
April and recommended approval of the ordinance as presented tonight.
Anderson stated that Bloomington appears to allow 300 NITS and asked why Medina
would then allow 500 NITS.
Finke stated that visibly there is not much difference between 300 and 500 NITS. He
stated that Medina has been using 500 NITS for dynamic signs and therefore did not see
a reason to decrease.
Anderson agreed with the recommendations of the Planning Commission and staff and
agreed that the City should contract for the monitoring.
Pederson stated that there are signs that remain on 24 hours per day, seven days per
week and therefore would support removing the curfew.
Martin agreed that sometimes it is helpful to have the signs when driving on Highway 55
late at night. She asked for input on the thinking of the Planning Commission.
Finke explained that the Planning Commission felt that the curfew could be helpful for
signs adjacent to residential properties, should there be a problem in the future with
brightness.
Martin suggested changing the language to state that the sign can be left on 24 hours
per day unless the sign causes a nuisance.
Anderson asked for additional details on the limitation of signage within 500 feet of
residential property.
Finke replied that limitation would only apply to decorative light banding. He explained
that if that applied to all lighting, that would in essence prohibit illuminated signage within
500 feet of residential properties.
Martin stated that perhaps the language could state that the lighting be required to be
turned off during certain hours within 500 feet of residential properties.
Finke agreed that could be more enforceable than a nuisance standard.
Batty provided additional details on nuisance, noting that term is fairly subjective. He
stated that a 500-foot requirement is more objective, but the City would have the power
to declare a nuisance.
Mitchell asked if signs would be grandfathered in if adopted under this ordinance, should
an issue arise in the future.
Finke stated that those signs would become nonconforming allowed uses.
Batty agreed that the City should be careful to ensure the ordinance is right as the
permits that are approved under this ordinance would continue to be allowed as
nonconforming uses.
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Finke confirmed that he would suggest a language change from to eliminate "dusk to
dawn" and instead use from sunset to sunrise.
Mitchell stated that he likes the idea of changing the curfew.
Martin reviewed the proposed language which would apply the curfew to properties
within 500 feet of residential properties or which become a nuisance. She asked for
details on the dynamic displays and asked if those can be on buildings or just pylon
signs.
Finke replied that by removing the limitations, dynamic displays could be used on pylon
or buildings but would only be allowed one dynamic sign per parcel.
Martin asked if the NIT count is controlled by the property owner or set through
manufacturing.
Finke stated that it can be done either way. He stated that the lights can come with a
dimmer which allows the property owner to dim the lights on demand. He stated that if
the lights do not have a dimmer, they would have a set limitation on NITS.
Martin suggested adding additional language requiring the property owner to show
compliance annually.
Finke stated that would be difficult administratively for the property owners and would
not be a good service, as it has been difficult for staff to obtain the information.
Martin stated that the property owner could be required to supply proof that the NITS
meet the requirement on the initial application, perhaps by showing that the equipment
was manufactured to the specified design. She stated that it would not have to be in the
ordinance but could simply be placed on the application for the sign.
Batty stated that the manufacturer's specifications could be required on an application.
He acknowledged that there could be a range of lighting for those with dimmers, but it
could still be helpful to ask for the information.
Finke stated that he would make the suggested changes and bring the item back for
approval.
Moved by Martin, seconded by Anderson, to direct staff to amend the Ordinance
Regarding Regulations Related to Lighting and Sign Illumination; Amending Chapter 8 of
the City Code in the form presented: changing the curfew (11:30 p.m. or business
closing to 5:00 a.m.) to apply to lighting within 500 feet of residential properties or those
properties that cause a nuisance; and changing dusk to dawn to sunrise to sunset.
Motion passed unanimously.
Kirsten Chapman, 1910 Iroquois Drive, commented from the standpoint of the curfew.
She hoped that the Council would include the curfew on all lighting for environmental
reasons. She stated that people leaving lights on is one of the biggest environmental
uses of electricity and therefore recommends including the curfew for all signs.
Anderson and Martin did not feel the discussion needed to be reopened.
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Pederson noted that the businesses are the biggest tax payers of the City and therefore
the City should remain business friendly.
Martin thanked staff for the level of detail and preparation that was put into this topic.
Mitchell stated that it seems that the City is attempting to strike a balance between light
pollution and allowing lights. He stated that one of the awkward things about shielded
lighting is when it is placed on a hill, as it will shine all down the hill.
Finke stated that the Planning Commission discussed potentially developing a street
lighting standard for new construction developments to help address the night sky
element.
B. Long Lake Obstruction Removal and Carp Management Agreement (7:51
p.m.)
Johnson noted that Finke has worked with the Long Lake Waters Association and the
cities of Long Lake and Orono on a potential carp population study and removal plan in
Long Lake. He noted that there has been $10,000 set aside in the Capital Improvement
Plan for this project in 2018.
Finke stated that the project has been substantially scaled back from the plans the
previous year and has incorporated a pilot removal of carp in addition to the study, if the
population and aging information recommend that step. He stated that the commercial
fisherman, which would have the rights to be the only person to fish in the lake, has
identified obstructions in the bottom of the lake that would ruin their nets and therefore
those obstructions would need to be removed. He stated that Minnehaha Creek has
come forward with their contributions and Long Lake has agreed to continue in an
administrative role and with a smaller contribution. He noted that Orono tabled action.
Anderson asked why the funding is not equally split between the three cities.
Finke stated that he cannot speak to why Long Lake decided to contribute less funds but
noted that Long Lake will administer the contract and there is some cost to that. He
noted that the Waters Association has agreed to their contribution.
Anderson stated that at least half the lake resides in Long Lake.
Martin stated that there are tributary impacts to the other communities and she is not in
favor of stopping the project because of the proposed split of funds.
Anderson asked why the Medina tax payers would pay more than the Long Lake tax
payers for the project.
Kirsten Chapman, 1910 Iroquois Drive, stated that she recent became involved in the
Long Lake Waters Association. She stated that the name is a liability because the group
intends to have an impact on other waters as well. She stated that Long Lake is the
starting point and focus will also be on other elements in the upstream subwatershed.
She stated that if there is enough carp, the commercial fisherman can make money and
that could return money to the taxpayers.
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Finke stated that it is the Long Lake subwatershed. He stated that in the review of the
TMDL and allocation of phosphorus load reductions, Long Lake has half the allocation of
the other two communities.
Ms. Chapman stated that education opportunities are also planned in an attempt to deal
with some of the larger issues.
Finke stated that if Long Lake contributes a percentage share to a project in Medina and
Orono contributes a percentage share to a project in Medina that would show a
partnership. He stated that there is a legitimate concem with whether the other
communities will be partners when the project is not on their doorstep.
Johnson stated that this is one area of the City where there has not been a lot of
opportunity for water quality projects.
Scherer agreed that funds have not been applied equally across the City.
Anderson stated that he believed that the funding should be split equally between the
three cities.
Mitchell stated that the TMDL is a large element.
Finke stated that Medina has twice the TMDL load allocation that Long Lake has. He
stated that hopefully this partnership will create a partnership that will also apply to
projects within Medina.
Ms. Chapman agreed that other projects in Medina are on the list, including School Lake
and Holy Name.
Anderson stated that Medina has always wanted to be a good neighbor and hoped that
in the future other cities would share the costs for projects within Medina.
Finke stated that if Medina did projects without potential other partners, the City would
gain more of the phosphorus reduction allocation.
Moved by Martin, seconded by Pederson, to approve the Agreement related to the Long
Lake Obstruction Removal and Carp Management. Motion passed unanimously.
C. Pitchers Mound Installation with Hamel Athletic Association (8:05 p.m.)
Johnson stated that this project would rebuild the existing mounds in two locations. He
noted that the Hamel Athletic Club would donate the entire cost of $3,850.
Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2018-27
Accepting the Donation from the Hamel Athletic Club. Motion passed unanimously.
Moved by Anderson, seconded by Pederson, to approve the Pitchers Mound Installation
Agreement with Sam's Lawn and Landscaping and Property Maintenance. Motion
passed unanimously.
IX. CITY ADMINISTRATOR REPORT (8:06 p.m.)
Johnson had nothing further to report.
Medina City Council Meeting Minutes 7
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X. MAYOR & CITY COUNCIL REPORTS (8:06 p.m.)
Martin commented that Clean -Up Day was a huge success and thanked staff for their
efforts. She stated that the Long Lake Fire Department pancake breakfast was also a
great event. She stated that she, Belland, and Johnson have been working with the
Long Lake Fire Chief on the Minnetonka Beach Contract. She believed that their
contributions made improvements although the agreement may not come to fruition.
Mitchell stated that the City received a thank you letter from Hennepin County Sheriff
Stanek thanking the City for allowing him to make a presentation.
Pederson also thanked staff for their efforts at Clean -Up Day.
Martin stated that she struggles with how she can personally contribute to the event.
Johnson noted that the hope is that the Council members are able to speak with
residents at the event.
Martin stated that perhaps the Council could help with certain duties to have more
interaction.
Johnson stated that the goal of staff is to ensure the duties are being handled so that the
Council can converse with the residents.
Anderson agreed that residents have a mission to drop off materials and perhaps get
lunch or trees and leave.
Martin stated that perhaps it would be helpful for staff and the Council to have nametags
at events.
Anderson noted that he attended the Coffee with a Cop event, which was a good event.
XI. APPROVAL TO PAY THE BILLS (8:12 p.m.)
Moved by Anderson, seconded by Martin, to approve the bills, EFT 004582E-004598E
for $62,632.68 and order check numbers 047212-047268 for $660,160.62 and payroll
EFT 0508601-0508627 for $52, 780.82. Motion passed unanimously.
XII. ADJOURN
Moved by Anderson, seconded by Pederson, to adjourn the meeting at 8:13 p.m.
Motion passed unanimously.
.03 77441.teLl
Bob Mitchell, Mayor
Attest:
,A6
Jodi Gallup City Clerk
Medina City Council Meeting Minutes 8
May 1, 2018
ORDER CHECKS APRIL IS. 7018 - MAY 1. 2011
047212 DURGAM, SWATH! $250.00
047213 HENNEPIN COUNTY - STATE HWY 55/C0 RD 118 $586.781.30
047214 LEN BUSCH ROSES $500_00
047215 RAUDA MAHFOUZ $250_00
04721E MN DEPT OF LABOR/INDUSTRY $0,771.13
047217 WESTERN PROPERTIES MN U.0 $38_19
047218 CASH $300.00
047219 FAUE, GEORGE & PATRICIA $250_00
647220 HART. VINOD $250.00
047221 PRIGGE, JASON & TANWI ...... .... ......._. _ ........................ $250.00
047222 ABDO. EICK & MEYERS LLP $12.000.00
047223 ADAM'S PEST CONTROL INC $216_18
047224 ALUED 100, LLC $58.17
047225 ALTERNATIVE BUSINESS FURNITURE $511_04
04722E APPLIED TACTICAL TECHNOLOGIES $4.329_98
047227 BEAUDRY OIL & PROPANE $3.307.41
647228 BOYER FORD TRUCKS INC $138_01
047229 CONTEMPORARY IMAGES $808 39
047230 CORCORAN LOCKER 3180 00
047231 CROW RIVER FARM EQUIPMENT CO $56.54
647232 DPC INDUSTRIES INC $1.088_85
047233 DS HUNZ SERVICES INC $585.00
047234 EARL F ANDERSEN INC mato°
047235 ECM PUBUSHERS INC 331.66
04723E FASTENAL COMPANY S2310
047237 FORCE AMERICA INC $109.12
047238 GRAINGER. $70.81
047239 HACH COMPANY $538.89
047240 HAMMON ANDERSON ASSOCIATES I $500.00
047241 HOTSY EQUIPMENT OF MN INC $466.92
047242 JOHN E REID & ASSOC INC .... ................ .... $575.00
647243 KENNEDY & GRAVEN CHARTERED 88.675.12
047244 LANO EQUIPMENT INC 15.005.37
047245 LAW ENFORCEMENT LABOR. $392_00
04724E cny OF LONG LAKE $5,748.50
047247 LUTHER BROOKDALE CHEVROLET $23.13
047248 FAARCO INC $32.82
047249 MN CHIEFS OF POLICE ASSN $410_00
047250 MN CRIME PREVENTION ASSOC $45_00
047251 MN DEPT OF COMMERCE sew 00
047252 MINNESOTA U.I. FUND $1.071_14
047253 MOTLEY AUTO SERVICE LIG $671.00
047254 NAPA OF CORCORAN INC $37.95
047255 NORTHWEST ASSOC CONSULTANTS sew 40
047250 OFFICE DEPOT $214 5a
047257 OIL AIR PRODUCTS LLC.... .......... ... ........ ...... ....... ... $141_83
047258 POLARIS INDUSTRIES $21.500.00
047259 ROLF ERICKSON ENTERPRISES INC $7.671_38
047260 RUSSELL SECURITY RESOURCE INC $720 00
047281 STREICHER'S 3114.98
047262 SUN UFE FINANCIAL $1270_59
047283 TEGRETE CORP $1.539.00
047264 TIMESAVER OFFSITE $321.25
047265 TOLL GAS & WELDING SUPPLY $487.50
04721,0 TOWMASTER $337.01
047287 MN DVS 111.00
047268 WESTSI DE WHOLESALE TIRE . $404.20
Total Cheeks $668.160.62
Medina City Council Meeting Minutes 9
May 1, 2018
ELECTRONIC PAYMENTS APRIL 111, 2H8— MAY 1. 2018
004582E PR PERA $15,725.44
004583E PR FED/FICA $16,445.18
004584E PR MN Deferred Comp 82.870.00
004585E PR STATE OF MINNESOTA .. ....... .. ....... ......... .. ........ $3,748.63
0045813E SELECT ACCOUNT $1,267 98
004687E CITY OF MEDINA $20.00
004588E AFLAC... .... ...... ........ .. ...... $364.46
004580E MINNESOTA, STATE OF $1,051 00
004590E MEDIACOM OF MN LLC $219.90
004691E SELECT ACCOUNT $1,384.85
004592E SELECT ACCOUNT $1,077 89
004593E DELTA DENTAL $2,548.90
004594E KONICA MINOLTA 8168.48
004595E MED1ACOM OF MN LUC $219.90
004590E MARCO (LEASE) $774.48
004597E WRIGHT HENN COOP ELEC ASSN $1,951.52
004598E XCEL ENERGY $12,796.07
Total Electronic Checks M62,632.88
PAYROLL DIRECT DEPOSIT APRL 11_ 2018
0508601 ALTENDORF, JENNIFER L 31.449.37
0500602 BARNHART. ERIN A. $2.326.52
0508603 BELLAND, EDGAR J ...... ................ ... ...... 12.795.70
0508604 BOECKER. KEVIN D. $2.284.31
0506605 CONVERSE, KEITH A $2.136.76
05086013 DINGMANN. NAN W $2,100.32
0508607 ENDE, JOSEPH $1.88722
0508608 FlNKE, DUSTIN D $2 352 48
0508608 GALLUP. JODI M ..... ... $1.825.80
0508010 GLEASON. JOHN M $2.404.88
0508611 GREGORY, THOMAS $1,976_10
0506612 HALL. DAVID M. ...... .... . ...... . . .................... $3.31323
0508613 JESSEN, JEREMIAH S ........ .._ $2.102_51
0508614 JOHNSON. SCOTT T. 82.202_10
0508015 KESER, NICHOLAS $42626
0508616 KLAERS, ANNE M $126228
0508617 LANE, UNDA 31.047.20
0508618 LEUER, GREGORY J $2.302_16
0508618 MCGILL. CHRISTOPHER R $1,714.30
0508620 MCKINLEY. JOSHUA D $1.935.95
05041621 NELSON. JASON $2.489.47
0508622 PETERSON, DEBRA A $1,869.18
0500623 REINKING, DEREK M $2200.013
0508824 ROBBINS. MELISSA $848.50
0508625 SCHARF, ANDREW $1 74829
0508620 SCHERER. STEVEN T. $2.437.01
0504)027 VIEAU, CECIUA M 3905.84
Total Payroll Direct Deposit $52.780.82
Medina City Council Meeting Minutes 10
May 1, 2018