HomeMy Public PortalAbout06/19/2018 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF JUNE 19, 2018
The City Council of Medina, Minnesota met in regular session on June 19, 2018 at 7:00
p.m. in the City Hall Chambers. Mayor Mitchell presided.
I. ROLL CALL
Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell.
Members absent: None.
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.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:00 p.m.)
A. Approval of the June 5, 2018 Regular City Council Meeting Minutes
Johnson noted that changes had already been submitted by Martin and Anderson. The
proposed changes will be incorporated into the draft minutes.
Moved by Martin, seconded by Anderson, to approve the June 5, 2018 regular City
Council meeting minutes with the revisions noted by Martin and Anderson. Motion
passed unanimously.
V. CONSENT AGENDA (7:01 p.m.)
A. Resolution No. 2018-38 Appointing Election Judges for the August 1, 2018
Primary Election and the November 6, 2018 General Election
B. Resolution No. 2018-39 Appointing Absentee Ballot Board Election Judges
for the August 14, 2018 Primary Election and the November 6, 2018 General
Election
Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:02 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reported that the Park Commission will meet the following night to discuss the
Eagle Scout park pavilion project for Maple Park, continue to review notes from the park
tour, and discuss the capital improvement plan.
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C. Planning Commission
Finke reported that the Planning Commission did not meet this month and instead held
an open house related to the mixed residential land use regulations. He noted that the
event was well attended and advised that staff will put that information together for the
land use public hearing in August. He stated that in July the Planning Commission will
review the storm water regulations.
VII. PRESENTATIONS
A. 2018 CenterPoint Energy Community Partnership Grant (7:04 p.m.)
Roger Schmitz, CenterPoint Energy, provided background information on the grant
program noting that since 2003 the company has given $1,500,000 in grant funds to
communities. He presented a Community Partnership grant to the City of Medina in the
amount of $1,405, which will be used to purchase a sensor for a portable alarm system.
Mitchell accepted the grant and thanked Mr. Schmitz and CenterPoint.
VIII. NEW BUSINESS
A. Ditter Properties — Concept Plan Review — 2023 — 2052 Holy Name Drive
(7:06 p.m.)
Finke stated that this is a concept plan review and therefore formal action is not
required. He stated that the concept would entail rearrangement and division of the four
parcels into 6 total parcels. He noted that two of the properties are connected to the
City's sewer system but remain guided and zoned as rural residential. He noted that a
number of similar properties that were connected to sanitary sewer along Holy Name
Drive have been rezoned to suburban residential. He stated that the applicant is
proposing to reduce the size of the properties served by sanitary sewer to match the
requirements of the suburban residential zoning district and then redistribute the
remainder of those lots with the remaining parcels to create four additional lots. He
stated that the southern portion of the site contains the two lots proposed for suburban
residential and the four lots that would remain rural residential. He noted that all the
properties would be served by a private road in the location of the driveway that currently
serves the properties. He provided additional details on the sanitary sewer connection.
He asked Council to consider rezoning the properties served by sewer to suburban
residential, similar to the other properties along Holy Name Drive. He noted that there
may be one other property that could be in a similar situation. He stated that if the
concept were to come forward as a formal request, there would be a Comprehensive
Plan amendment, rezoning, and subdivision. He stated that the Planning Commission
held a public hearing on May 8th and there were no public comments made. He stated
that the Commission believed that this would make sense and expressed support of the
concept.
Martin referenced the wetland to the northeast of the site and asked for details.
Finke replied that there is some wet property in the center eastern and northeastern
portions of the property.
Martin referenced the two lots that would be proposed for suburban residential and
asked for details on the amount of contiguous suitable soils.
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Finke replied that he would need to look into it and noted that but for the wetlands on the
site, most of the parcels contain suitable soils.
Pederson asked why the suburban residential lots would not be connected to water and
if there are other similar lots in the City.
Finke stated that there is no water infrastructure in the area, estimating that the closest
connection would be 1.5 miles away. He provided examples of other developments that
are similar with only sanitary sewer connection and not water.
Martin asked for additional details on the bail outs that were done, to connect lots to
sanitary sewer.
Scherer explained that the Lakeview properties are small lots and were right on the lake
with septic systems and that is why the bail outs were done to connect those to the City
sanitary sewer.
Martin asked if there would be a disadvantage to disconnect the properties from the
sanitary sewer.
Finke replied that the infrastructure is already in place and the properties were already
assessed 100 percent of the cost.
Jim Differ, 2052 Holy Name Drive, stated that he already paid for the sewer and the
connections are already there for the two homes. He stated that he lives in the original
Differ homestead. He stated that they purchased the properties from their uncle's years
ago and have brought forward this concept plan as an idea. He hoped to work with the
City to develop a plan that will work.
Finke stated that staff had not considered disconnecting the properties. He explained
that the question at hand is that when the lots were connected it was not intended to
shrink the size of the lots. He explained that the Council should weigh the land use
principles of the Comprehensive Plan to determine if the request is in character.
Mitchell asked if the easterly lot line is the border with Plymouth.
Finke confirmed that is true.
Mitchell stated that if Plymouth continues to build up to the border, the four lots may be
back.
Finke stated that the property to the east has already been developed.
Mitchell acknowledged that the bailouts created some awkward situations and the
Council must consider what to do now.
Martin noted that the Comprehensive Plan identifies this area as rural residential and
therefore she does not understand why a portion would be rezoned to suburban
residential.
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Finke stated that the most obvious issue is that the two parcels are served by sanitary
sewer and generally speaking, the other properties within the MUSA are guided and
zoned by a district that is intended to be served. He stated that the other properties that
were bailed out were all rezoned and therefore these properties are outliers.
Martin stated that having two properties zoned suburban residential but surrounded by
rural residential would seem out of character. She stated that these comments are not
personal against the Ditter family, because they are great members of the community
and explained that there must be a consistent basis for the decision.
Mitchell stated that he understands that it does not track. He stated that his concern
would be that this would create four rural residential lots surrounded by suburban
residential lots and therefore that could bring future requests to subdivide the rural
residential lots.
Tom Ditter stated that he and his Brother, Jim, are making the request. He stated that
the rural residential has to have five acres of suitable soils for septic. He noted that the
two lots connected to City sewer no longer need the extra land for septic. He stated that
the family has been in the community for years and has paid property taxes and asked
the City to give the request consideration.
Chris Clennon, 2425 Holy Name Drive, referenced the comment made by Mitchell with
the concern that there would be a future request to subdivide the four rural residential
lots. He referenced the draft Comprehensive Plan which designates the land as rural
residential and requires at least five acres of land for lots.
Martin explained that rural residential lots must have a minimum of five acres of suitable
soils.
Finke stated that the property to the north and west is guided for rural residential land
uses under the draft Comprehensive Plan for the next 20 years. He stated that all the
land in this area is included in the Metropolitan Council's long-term sewered area for the
potential consideration for extension of the sewer services.
Mitchell stated that a future request to subdivide the four rural residential lots could be
denied because the land is guided for rural residential. He noted that the Council would
simply need to be prepared to say no.
Martin asked if the Council would also have to be prepared to say no tonight.
Finke stated that properties that are zoned rural residential are not to be connected to
City sewer and properties guided for low density residential are to be connected to City
sewer. He stated that definitionally there is an obvious objective. He stated that if there
are other bailouts in the future this could perhaps set a precedent.
Martin asked if the planning ordinance allows a piece of property to be platted with two
different zoning districts.
Finke confirmed that there could be multiple zoning designations within the plat. He
noted that the approvals would be lined up in a method that makes that possible.
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Martin suggested perhaps combining the two sewered lots into one lot. She recognized
the history of the site that would be the entrance to rural residential. She stated that the
two sewered lots would then be one lot 1.8 acres in size that is connected to sewer but
not water. She stated that the lot would still need to be rezoned which would require a
Comprehensive Plan amendment that would have to go before the Metropolitan Council.
Finke stated that the draft Comprehensive Plan would be approved by the Met Council
before this request would move forward.
Pederson asked about the zoning for the other cases in which bailouts were done.
Finke stated that the other properties along Lakeview, all the properties that were
connected to the sanitary sewer were rezoned to suburban residential. He stated that
these properties were not rezoned at that point, noting that there is no good record on
why that was done. He stated that perhaps the justification was that the lots exceeded
the minimum lot size and they did not want to allow future subdivision that would require
additional sewer connections. He stated that it was never considered that the lots be
shrunk to fit the requirements of the suburban residential zoning district.
Mitchell referenced the adjacent property uses, stating that perhaps the four properties
would be suitable as rural residential lots.
Pederson noted that in the past there was opposition from existing homeowners for the
cemetery use but, in this case, the new property owners would know about the cemetery
before purchasing the property. He stated that this is a unique property because it is
between the cemetery and the City of Plymouth.
Finke stated that there may be an argument to this being a transition between rural
residential and the City of Plymouth. He noted that currently there are four lots, two of
which are served by City sewer.
Martin asked for details on the existing lot lines.
Finke highlighted the existing lot lines, which are shown in yellow. He stated that the
discussion on this began years ago because of the misshapen lot. He stated that it is an
odd shaped lot and regardless, a lot line rearrangement would still probably move
forward.
Conrad Miller, 2475 Holy Name Drive, stated that with all this talking he believes that it
would be a good idea to talk to Plymouth and negotiate with them to put Brockton all the
way from Hamel Road to 24, which would make more sense. He stated that the City
could then negotiate with the Differs. He stated that would make more sense than this
discussion.
Martin noted that the road would then need to go through a lake.
Mitchell stated that it may be awkward, but he does not object to the request.
Martin stated that her objection stems from the existing and draft Comprehensive Plan.
She was concerned with precedent that could be set.
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Pederson stated that staff should work with the Ditters further to determine if the lot lines
could be rearranged further. He stated that there would be a benefit to having a private
road. He referenced the sewer line, which may have been changed.
Finke provided additional details and noted that if this were to move forward, the line for
the Metropolitan Council's long-term sewer service area that encompasses the two
sewered lots would be shrunken to match the smaller lot sizes.
Pederson stated that he would support the request as long as precedent is not set.
Anderson stated that he was concerned about tempting fate with the Metropolitan
Council, given the issues the City has had with the Met Council. He encouraged the
Ditters continue to work with staff, noting that a lot line rearrangement would still be a
good idea.
Cousineau echoed the comments of Martin, stating that it would be a little difficult to
make this work. She also agreed that perhaps a lot line rearrangement would be a
better option. She was hesitant to ask the Metropolitan Council for anything additional at
this time.
Pederson asked the expectations on timing from the Ditters.
Ditter replied that it would be at least one year from now but would like direction on
whether to move forward.
Mitchell stated that it would seem the best thing to do is to continue to work with staff to
determine if there are better ways to reach the desired outcome as this proposal has
question marks.
Martin referenced Outlot A and asked why that is an outlot.
Finke replied that it is part of the odd shaped lot and generally there is a tendency to not
have a lot straddling a roadway.
Martin stated that if that were combined with lots one and two, that would be perhaps
closer to two acres in size if those were combined into one lot. She stated that there are
issues because there is not a water connection.
Mitchell encouraged the Ditters to continue to work with staff.
Ditter asked why the water would be important.
Martin stated that the definition of suburban residential includes water and sewer
service.
IX. CITY ADMINISTRATOR REPORT (7:53 p.m.)
Johnson had nothing further to report.
Mitchell asked Batty for input on the panhandling issue.
Medina City Council Meeting Minutes 6
June 19, 2018
Batty stated that Belland recently asked him for an opinion on the ability of the City to
regulate panhandling. He stated that another attorney in his office has recently done
work on the issue and noted that cities are almost never successful in regulating
panhandling based on first amendment rights. He stated that one possible exception is
making panhandling a public safety issue. He stated that the example city has busy
highways with people perched on small medians attempting to panhandle. He stated
that the attempt would be to prohibit anyone from being out there based on public safety.
He stated that there may be very limited circumstances on which you could successfully
prohibit that activity.
Mitchell noted that this discussion came forth from a call he received from someone
concemed with panhandling activity. He stated that legal counsel looked into the matter
and based on first amendment rights the City would not be successful in attempting to
regulate the activity.
Belland confirmed that a person has a first amendment right to be there unless the
person is causing a problem.
X. MAYOR & CITY COUNCIL REPORTS (7:58 p.m.)
Mitchell reported that he attended a mayors' meeting last week where he discussed the
pension issue. He noted that the legislature passed a pension bill, which takes baby
steps towards the right direction.
Pederson reported that he attended the Corcoran City Council meeting the previous
week for their Fire Department Report. He stated that the three fire departments who
serve Corcoran have been engaged and the city will have many decisions to make.
Martin stated that she watched the meeting on video. She stated that perhaps when
Councilmembers want to attend, perhaps that could be coordinated with Johnson to
ensure that open meeting laws are not violated.
Pederson stated that it was his understanding that the Council can attend other
meetings, as long as they do not sit together and talk about City business.
Batty stated that if more than two Councilmembers are going to attend, it is important
that they do not sit together.
Martin stated that she simply did not want to put herself in that position and watched the
meeting from home to avoid a conflict as Pederson and Anderson attended.
Martin stated that the open house the previous week was well done and there was more
interest than she envisioned. She stated that people were interested in mixed use
residential and staff was very helpful.
Martin stated that there was a good meeting earlier this morning on the strategic
planning process related to the four fire departments that serve the City. She stated that
the packet of materials was prepared and provided to the City Council. She noted that
there will be two more meetings on the topic and advised that Pederson will be joining
the group.
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June 19, 2018
Pederson asked what would happen if there is a CIP adjustment while the City has a
contract in place.
Martin provided details on the different elements of the contracts. She noted that in one
contract the payment obligation springs once the City approves the CIP of the fire
department. She stated that each department is good about sharing information and
allowing discussions, but only one contract requires City approval.
XI. APPROVAL TO PAY THE BILLS (8:08 p.m.)
Moved by Anderson, seconded by Pederson, to approve the bills, EFT 004645E-
004666E for $64,523.59 and order check numbers 047392-047455 for $249,434.08 and
payroll EFT 0508715-0508747 for $53,449.47. Motion passed unanimously.
XII. ADJOURN
Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 8:09 p.m.
Motion passed unanimously.
Attest
Jodi M.
allup, City Clerk
6 27/1.,:fe,1,4
Bob Mitchell, Mayor
Medina City Council Meeting Minutes 8
June 19, 2018
ORDER CHECKS JUNE 6.2018 - JUNE 19, 2018
047392 CENTERPOINT ENERGY $412.12
047393 CERAR, LORVTHOMAS $150.00
047394 ESCOBAR, JESUS $36.84
047395 ESWARACHARI, VASANTNGEETHA $81.33
047396 PAUL OR TAMMY HAHN $250.00
047397 MAPLE CREEK MEADOWS HOMEOWNERS $250.00
047398 REID, MAL.COLM $4.45
047399 TERRY, DAVIDIM ICHELLE $33.62
047400 TYSZKA, JACQUELINE $250.00
047401 WALSH, JUSTIWALLANA $21.54
047402 YATES, JOHN-PAUL $250.00
047403 BRAUN, CHRISTOPHER/RAMONA $50.00
047404 CAREFREE SERVICES INC $299.88
047405 COMNERCIAL ASPHALT CO. $698.78
047406 DAVID WEEKLEY HOMES $30,000.00
047407 FAHNLAfDER, LINDA $250.00
047408 HAMEL BREWERY LLC $4622.96
047409 HUSFELDT, CAROL $14.86
047410 KAUL, RAJEEV $250.00
047411 LOXTON, SANDI $250.00
047412 RAUDA MAHFOUZ. $250.00
047413 RAMASWAMY, SRIDHAR 5250.00
047414 RICHMAN N, MELJSSA/FAATTHEW $250.00
047415 SCHOM EFt, DAWN $500.00
047416 SELL, LYNNELLE $150.00
047417 ABDO, EICK & MEYERS LLP $5,800.00
047418 AXON ENTERPRISE INC $3,457.00
047419 BEAUDRY OIL & PROPANE $2,178.55
047420 BERGERSON CASVVELL INC_ $6,44625
047421 BLUE CROSS BLUE SHIELD OF MN 534,035.14
047422 BROCK WHTE 51,715.97
047423 CONTEMPORARY IMAGES $2,14429
047424 CORE 8 MAIN LP 53,725.44
047425 DITTER INC $1,048.80
047426 ECM PUBLISHERS INC $47.49
047427 GOPHER STATE ONE CALL $476.55
047428 HAKANSON ARDERSON ASSOCIATES I $2,220.00
047429 HAMEL LUMBER INC $706.06
047430 FENN COUNTY INFO TECH $5,906.92
047431 HENN COUNTY SHERIFF $279.00
047432 FENN CTY RESIDENT/REAL ESTATE 549.00
047433 JIMMY'S JOHNNYS INC $890.00
047434 KD 8 COMPANY RECYCLING INC $1,657.83
047435 LEAGUE OF MINNESOTA CITIES $550.00
047436 LEASNEXIS RISK DATA MGMT INC $50.50
047437 LOADOMETER CORP $849.07
047438 CITY OF MAPLE PLAIN $1,286.90
047439 METROPOLITAN COUNGL $17,221.05
047440 METROPOLITAN COUNGL $32,52329
047441 MOTLEY AUTO SERVICE LLC $269.00
047442 NITRO GREEN LAVYN 8 TREE CARE $5,278.00
047443 OFFICE DEPOT $223.44
047444 OMANN BROTHERS PAVING INC $64,759.88
047445 ON -SITE MEDICAL SERVICES $450.00
047446 CITY OF ORONO $2,681.68
047447 POWERHOUSE SYSTEMS LLC $475.00
047448 JAMIE RWIOME $6,804.00
047449 SITEONE LANDSCAPE SUPPLY LLC $29.45
047450 STOPSTICK, LTD $2,895.00
047451 STREICHER'S $56022
047452 SUPPLY SOLUTIONS LLC $242.56
047453 TALLEN & BAERTSCHI $3,497.37
047454 TEGRETE CORP $428.00
047455 TIMESAVER OFFSITE 5159.00
Total Checks $249,434.08
Medina City Council Meeting Minutes 9
June 19, 2018
ELECTRONIC PAYMENTS JUNE & 2018 — JUNE 19. 2018
004645E FARMERS STATE BANK OF HAMEL S125.00
004646E PR PERA S15,365.52
004647E PR FED/FICA $16,413.56
004648E PR MN Deferred Comp S2,870.00
004649E PR STATE OF MINNESOTA $3,669.90
004650E SELECT ACCOUNT $1,267.98
004651E CITY OF MEDINA $20.00
004652E AFLAC $378.62
004653E CULLIGAN-METRO 533.70
004654E ELAN FINANCIAL SERVICE $2,756.46
004655E CIPHER LABORATORIES INC $5,942.00
004656E CENTURYUNK $225.91
004657E FRONTIER $56.72
004658E FURTHER $82.00
004659E MEDIACOM OF MN LLC $294.99
004660E PAYMENT SERVICE NETWORK INC $705.54
004661E PITNEY BOWES POSTAGE BY PHONE $1,000.00
004662E PREMIUM WATERS INC $52.09
004663E SELECT ACCOUNT S1,544.84
004664E XCEL ENERGY $10,133.88
004665E VERIZON WIRELESS... $1,416.40
004666E KONICA MINOLTA S168.48
Total Electronic Checks $64,623.59
PAYROLL DIRECT DEPOSIT JUNE 13.2018
0508715 ALTENDORF, JENMFER L $1,449.37
0508716 ANDERSON, JOHN G. $230.87
0508717 BARNHART, ERIN A $2,326.52
0508718 BELLAND, EDGAR J. $2,765.70
0508719 BOECKER, KEVIN D. $2,244.30
0508720 CONVERSE, KEITH A $2,215.35
0508721 COUSINEAU, LORIE K $230.87
0508722 DINGMANN, IVAN W $1,746.42
0508723 ENDE, JOSEPH $1,784.36
0508724 FINKS, DUSTIN D. $2,341.52
0508725 GALLUP, JODI M $1,787.15
0508726 GLEASON, JOHN M $2,062.03
0508727 GREGORY, THOMAS S2,342.45
0508728 HALL, DAVID M. $2,123.10
0508729 JESSEN, JEREMIAH S $2,308.54
0508730 JOHNSON, SCOTT T. $2,290.05
0508731 KIESER, NICHOLAS $808.16
0508732 KLAERS, ANNE M. $1,26227
0508733 LANE, UNDA $1,647.19
0508734 LARSON, RYAN $1,050.44
0508735 LEUER, GREGORY J $2,030.67
0508736 MARTIN, KATHLEEN M $230.87
0508737 MCGILL, CHRISTOPHER R. $1,576.94
0508738 MCKINLEY, JOSHUA D $1,935.95
0508739 MITCHELL, ROBERT G $327.04
0508740 NELSON, JASON $3,021.34
0508741 PEDERSON, JEFF $227.97
0508742 PETERSON, DEBRAA $1,851.35
0508743 REINKING, DEREK M $1,672.47
0508744 ROBBINS, MELISSA $703.63
0508745 SCHARF, ANDREW $1,530.83
0508746 SC.HERER, STEVEN T. $2,437.00
0508747 VIEAU, CECIUA M. 5886.75
Total Payroll Direct Deposit $63,449.47
Medina City Council Meeting Minutes 10
June 19, 2018