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HomeMy Public PortalAbout11/06/01 CCM237 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 6, 2001 The City Council of Medina, Minnesota met in regular session on November 6, 2001 at 8:00 p.m. in the City Hall Chambers. Acting Mayor Phil Zietlow presided. Members present: Lane, Smith, Zietlow, and Workman. Members absent: Ferris. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Tom Kellogg, Planning & Zoning Administrator Loren Kohnen, Recording Secretary Robyn Sauer, and Administrator Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Discuss the Mayor's Leave of Absence. B. Planning and Zoning Update. Moved by Carolyn Smith, seconded by Jim Lane, to approve the agenda as amended. Motion passed unanimously. 2. Discuss the Mayor's Leave of Absence Phil Zietlow read the letter from John Ferris stating he would be taking a leave of absence for the next three months for medical reasons. Ron Batty said John Ferris suggested changing the full size of the Council down to four members, if possible, so there wouldn't be a problem with a super majority vote. Ron Batty said he didn't think it was possible since there was no mechanism to formally take a leave of absence. Ron Batty said the real issue is if there is a vacancy on the Council, and suggested the Council view this letter as a statement from the Mayor that he won't be attending City Council meetings for ninety days. He said at that point the Council could declare a vacancy. Batty said hopefully this will not be the case. Jim Lane asked if there was a proxy mechanism so that if John Ferris's vote was sought, he could give it to a member of the Council. Ron Batty said there was no proxy mechanism. Jim Lane asked if John Ferris could participate during the City Council meetings by telephone. Ron Batty said John Ferris needs to be able to see and hear everyone in order to participate in a Council meeting. Ron Batty said with four members, simple majority issues will need three affirmative votes. However, super majority issues will require unanimous action by the Council. 3. Approval of the September 18, 2001 Regular City Council Meeting Minutes There was one correction on page seven, the first line should read: "Jim Lane said that there is a great property tax advantage to placing your property in Agricultural Preserve." Moved by Carolyn Smith, seconded by Jim Lane, to approve the minutes of September 18, 2001 as amended. Motion passed unanimously. 4. Approval of the October 2, 2001 Regular City Council Meeting Minutes Moved by Carolyn Smith, seconded by Bruce Workman, to approve the minutes of October 2, 2001 as presented. Motion passed unanimously. 5. Approval of the October 16, 2001 Regular City Council Meeting Minutes Phil Zietlow said Carolyn Smith arrived at 7:40 p.m., and Loren Kohnen's update should be added as an addition to the agenda. There was also one correction on page three, the sixth paragraph, Medina City Council Meeting Minutes November 6, 2001 238 under number nine, should read: "Phil Zietlow said he would like the City to hire a professional planner who is knowledgeable in Agricultural Preserve zoning." Moved by Bruce Workman, seconded by Carolyn Smith, to approve the minutes of October 16, 2001 as amended. Motion passed unanimously. 6. Consent Agenda A. Approval to Housing Week Proclamation. B. Bank Account Signer's Resolution. C. Resolution 01-57 Approving the Final Plat of Thomas Walter's Addition. Moved by Jim Lane, seconded by Carolyn Smith, to approve the Consent Agenda. Motion passed unanimously. 7. Comments from Citizens on Items not on the Agenda There were none. 8. Park Commission Comments Phil Zietlow said the Park Commission held a special meeting to review the trail alignment along Highway 101. After that the Park Commissioners will come to the City Council with their recommendations. Phil Zietlow said according to the City survey, trails were important to people. 9. Planning Commission Comments Loren Kohnen said at the next Planning Commission meeting there would be a side yard variance, a 3 to 1 lot combination, a CUP for a church, and a CUP for an accessory structure. Carolyn Smith said she would not be able to attend the meeting because she would be in Dallas. She asked if someone could attend the Planning Commission meeting in her place. Jim Lane said he would attend the meeting. 10. Lighting Ordinance Paul Robinson said the lighting ordinance had two main elements, one regulates Tight in the commercial districts and one in the residential districts. In the residential districts, there would be a restriction on the amount of light at the lot line, and any fixture over 5,000 lumens would need to be shielded and downcast. Compliance would be required within two years. Paul Robinson said judging from the feedback at the public hearing, there were many residents in favor of the ordinance, but some residents did not want the ordinance to be so strict. Carolyn Smith said no one in the audience came and commented they didn't want the lighting ordinance as strict, and she thought that should be on the record. She said the Planning Commission went to great lengths to get input from the public. Paul Robinson said the Planning Commission set a time for compliance for residential properties, but did not set one from the commercial. He said the Commission would like the City Council to consider some type of compliance time limit for the commercial districts, but did not know what the impacts of that would be. Robinson said total compliance could have a significant financial impact on commercial properties. He said staff had not determined the exact costs for compliance. However, it may be worth considering compliance for certain portions of the ordinance such as the regulations concerning security lights. Paul Robinson referred to the memo and estimated compliance costs. In rural residential, 83 security lights would be impacted within the first two years. Medina City Council Meeting Minutes November 6, 2001 239 There was some discussion about which portions of the ordinance would be enforced immediately and which would be enforced over time. Ron Batty said the way the ordinance was currently worded, compliance with the regulations for residential properties would be postponed for two years. Phil Zietlow asked how much light 5000 lumens were or if there was an approximate wattage fixture that 5000 lumens would translate into. Hunt said that lumens was a measure of the amount of light a bulb emits. Watts is a measure of the power it needs. She said that a 300 watt incandescent light emits 4,990 lumens. That would be the highest wattage allowed without a shield. In order to get above 5,000 lumens, you would need a 70 watt metal halide or above . These are the type of lights that would need to be brought into compliance and are typically used as an outdoor yard or security light. Hunt said that this regulation was not cumulative, only those fixtures over 5000 lumens would be regulated. Carolyn Smith said she assumed the less expensive replacement cost was for a shield. She said it would probably be advantageous for the City to purchase a large quantity of lights and resell them to the residents at a cheaper price. Bruce Workman said he wasn't in favor of starting this process in the beginning. He said he would like to know what the intent is. A lot of money was spent for a consultant, and he doesn't see how this will improve the situation for the residents of Medina. Phil Zietlow said a majority of Medina's residents who responded to the City Survey said they wanted a lighting ordinance. Carolyn Smith said the problem lies with how commercial property affects residential property. Bruce Workman said he thought the residential side of the lighting ordinance was getting intrusive. Phil Zietlow asked Hunt if regulating the street lights would affect the safety of the roadways. Hunt said the goal was to try to keep light aimed towards the ground and minimize light upwards. She said the amount of light on the ground would be the same. Paul Robinson said NSP said the replacement street lights would actually light a larger area on the ground. Hunt said that shielding an existing yard light would reduce the amount of light cast upward, but would not save energy. If the lights were replaced, you could go with a lower wattage fixture and get the same amount of light, which would create the potential for energy savings. Phil Zietlow asked if property owners reduced the wattage they used, if the energy saving would pay for the cost of the new fixture . Hunt said potentially there could be energy savings over time, but it might be a ten-year payback. Phil Zietlow said that should be considered if they were going to do it. Moved by Bruce Workman to adopt the ordinance without the residential portion. Motion failed for lack of a second. Moved by Jim Lane, seconded by Carolyn Smith, to adopt the ordinance as written. Jim Lane, Carolyn Smith, Phil Zietlow voted in favor, Bruce Workman opposed. Motion failed (motion required a super majority or four votes in favor) Medina City Council Meeting Minutes November 6, 2001 240 Ron Batty said the zoning ordinances require a unanimous vote. Phil Zietlow said they needed to be careful not to implement regulations too quickly in the commercial district. Carolyn Smith said the biggest problem is with commercial properties bordering residential properties. She said commercial properties bordering residential should be made to come into compliance sooner than those that don't. Carolyn Smith reiterated the City Council should Zook into joint purchases of compliant lighting. Hunt said in order to bring Holiday into compliance with the ordinance as it is now written, it would cost them $20,000-$30,000. The white sign would have to be removed. Hunt cautioned making a blanket statement regarding compliance in the commercial districts. Paul Robinson said at some point Holiday would need to bring the entire building into compliance. Phil Zietlow asked if there was any other discussion at the Planning Commission meeting. Randy Brinkman said the Planning Commission had discussed 2-5 years, and settled on two years for residential compliance, with no time limit on commercial compliance. Paul Robinson said with regards to the commercial district, if an owner wanted a new light, it would need to meet the lighting ordinance. Steve Hanson, a resident on Medina Road, said the lighting ordinance doesn't make sense. He sees no reference to security lighting, or its definition. In terms of residential, there was nothing that talked about the height of a pole, nothing about floodlights, and no reference to complaints triggering action. Hanson said he thinks the Council doesn't know what they are about to vote on. He encouraged them to think about grandfathering in residents. Hunt said lighting was broken down into classes. She said there was class 1, 2, and 3 lighting defined by usage. Hunt said the difference between a floodlight and a security light was based on lumen output. There was no need for a definition of security light since light is solely regulated by the amount of lumens. Hunt said there was a general maximum pole height of 30 feet. Paul Robinson said he thought the maximum pole height applied only to the commercial district. Carolyn Smith said the only way to police compliance by residents was by responding to complaints. Ron Batty said as a practical matter, most cities enforce ordinances on a complaint basis. Carolyn Smith said there were some questions regarding the length of time for commercial property compliance. Paul Robinson said Holiday was grandfathered in until they make changes modifying or replacing 25% or more of the lighted area. Hanson said the ordinance went beyond what was necessary in the residential district. He said it was intrusive. Medina City Council Meeting Minutes November 6, 2001 241 A resident spoke up and said he was in favor of the lighting ordinance because he would like to be able to look at the stars without seeing lights. He said there should be reasonable limits on the amount of light that can cast from one person's property onto another. Carolyn Smith said most of the time complaining has not been an effective way to deal with neighbors. Hanson said with the lot sizes in Medina, he found it hard to believe there was a residential lighting problem. Bruce Workman said he was not in favor of standards in the residential district at all. Jim Lane said he thinks it is a work in progress which will establish a foundation. He said the lighting ordinance should apply equally in residential and commercial areas. He has lived in the rural residential area for thirty years and has looked at security lights for all those years. Jim Lane said he would like to find a modest way to include residential areas in the ordinance. Carolyn Smith said security lights don't offer security, they actually light the area for thieves. There are school districts that have turned off all of their lights at night. She said in this day and age, it makes sense to look at energy usage. Carolyn Smith said lighting is also a problem in residential areas. She said the City regulates residential properties in many ways all the time. This would be a way to keep neighbors from infringing on each other. Paul Robinson asked if the City Council wanted to adopt the commercial sections of the lighting ordinance since there was some agreement that light should be regulated in the commercial areas. Paul Robinson said there might be applications for commercial developments coming to the City where the City Council may want to apply this ordinance. Bruce Workman said he would like to regulate commercial lighting. Phil Zietlow suggested a five-year compliance timeline in the commercial districts. Jim Lane said he favored a two-year compliance timeline. Carolyn Smith said she would second a motion if she could get a timeline to know when it would go into effect. Phil Zietlow said he was concerned with two years being a hardship on some businesses. Jim Lane said setting a tight framework would create pressure and people who had a problem would come forward. He said he was trying to get the community's attention that lighting was a concern and that we would like to see an improvement soon. Bruce Workman said he would like to compromise on the size of the businesses affected by the two-year compliance. Phil Zietlow suggested two-year compliance if the commercial property is adjacent to residential districts and five-year compliance if it not adjacent to residential districts. Bruce Workman said he would accept that. Medina City Council Meeting Minutes November 6, 2001 242 Carolyn Smith said they could work with the businesses in the meantime and some may convert anyway if they can see a potential for energy savings. Moved by Bruce Workman, seconded by Carolyn Smith, to approve the commercial lighting ordinance with a requirement for a two-year compliance if the commercial property is adjacent to residential, five-year compliance if commercial property is not adjacent to residential, and deleting the section regulating residential lighting . Motion passed unanimously. 11. Environmental Assessment Worksheet (EAW) Update Ron Batty said he wanted the City to recognize this was headed towards an amicable solution. The Planning Commission will review the Leatherdale's application next week. He would like the City Council to be prepared to move on a resolution at the next Council meeting. He said the significance of doing that, was that approval of the CUP would occur before the thirty days ended requiring action on the EAW. Ron Batty said the City had already spent $500 on preliminary work. If the CUP is adopted, the Leatherdale's would withdraw the original request and Kirsten Chapman would withdraw the petition. If something goes wrong, the City Council would look at the EAW at the December City Council meeting. By doing it this way, it would save the City $3000. Moved by Carolyn Smith, seconded by Bruce Workman, to authorize staff to hold off conducting further analysis until after the November 20, 2001 Council meeting, and postpone any decision on the EAW until the December 4 Council meeting. Motion passed unanimously. 12. Update on Process to Use for Reviewing Ordinances Relating to Agricultural Uses In reviewing his memo to the Council, Ron Batty said he believes Option C makes the most sense, using a planning consultant rather than staff trying to draft new or modified existing ordinances. He said because of the complexity of the options, this might be a subject to discuss at a work session. Bruce Workman said he was concerned with spending money on consultants and would like to take the development of any new ordinance through the Planning Commission review process. He suggested the City Council could put a moratorium on agricultural uses until it gets done. Jim Lane said he agreed with Bruce Workman. He would like to mobilize internal fact finding sources first. Jim Lane said the Planning Commission could chair that, or it could be a joint process. Carolyn Smith said it needed to be a grass roots effort. Anyone who has acreage in rural residential area should be involved. She said she was not comfortable with Options A or B. Jim Lane said they were venturing into uncharted territory since there was not much regulated Agricultural Preserve in the metro area. Bruce Workman said the City could implement some other ordinance to cover agricultural, such as a nuisance ordinance. Carolyn Smith asked if it would be better to have a consultant come in and hear the testimony first. Bruce Workman said he wouldn't want the consultant to influence the public. Carolyn Smith said she would want the consultant to listen quietly to the testimony. Bruce Workman recommended sending the review of agricultural uses to the Planning Commission and getting their input after the public hearings. He said the City would need to get a mailing out to all residents in Rural Residential and Agricultural Preserve Districts. Medina City Council Meeting Minutes November 6, 2001 243 Ron Batty said the advantage of having a consultant early on was to be able to give definition and focus to the review of agricultural uses. He was concerned there would be some flailing around and said that staff was probably not the right entity to come up with the first draft. Kristen Chapman said it was important to get an outside point of view on this. The review would get bogged down without process and direction. Chapman said they need to take a look at the Comprehensive Plan to make sure the direction reflects the intent of the Comprehensive Plan. Wally Marx said the Rural Residential District makes up 70 percent of Medina. He wanted to know what the City Council was concerned with. Ron Batty said they were talking about agricultural use in all areas, not just Rural Residential. Carolyn Smith said she was unable to attend a work session on the 13th of December. Ron Batty talked about setting up a regular date for work sessions to allow people to get that date in their calendar. The City Council agreed that a morning meeting would work the best. It was decided the work session would be Wednesday, November 21, 2001 from 7:00 a.m. — 9:00 a.m. 13. Request for Off -Premise Sign — St. Peter & Paul Church, Loretto Loren Kohnen said he received a request for an off -premise sign from Ted Turner. He has had a number of requests for such signs, however, the ordinance clearly states off -premises signs are not permitted. Ted Turner said he has permission from three homeowners to put the signs up. He would like to go to an eight square foot sign, but would agree to a four square foot sign. Turner said the sign would be on private property. He said people complain they didn't know there was a Catholic Church or school in Loretto. Turner said the intent was to get the traffic through Loretto. He said when people go through town on County Road 19, they don't see the church. Phil Zietlow asked about putting the sign at the ballpark. Turner said the Lions Club owned the ballpark. Ron Batty said the ordinance doesn't allow this. Phil Zietlow said in order to approve a variance, Turner needed to show a hardship. Turner said the hardship was that people aren't able to find the church. Jim Lane said he was opposed to compromising the integrity of the sign ordinance. Moved by Jim Lane, seconded by Bruce Workman, to deny the request for an off -premise sign by St. Peter and Paul Church of Loretto. Motion passed unanimously. 14. Sewer and Water/Development Issues Joint Meeting with Loretto and Corcoran Paul Robinson said staff has been working issues relating to development in the northwest corner of the City with the cities of Loretto and Corcoran. He said after their last meeting, it seemed to the group that all of the Councils should get together to talk about their issues and see if there are any win -win situations for each of the cities. He said one of those issues that has come up concerns a development proposal by UMC, this is next on the agenda. Bruce Workman said he would like to go into the joint meeting with the agenda agreed upon and not deviate from. Medina City Council Meeting Minutes November 6, 2001 244 Carolyn Smith said it seemed like there were issues from each city on the agenda. Bruce Workman asked who was driving the meeting. Paul Robinson said UMC brought it to the forefront. Jim Dillman said the County Road 19 road improvement started the whole thing. There was some discussion about Loretto's interest in acquiring land for development from Medina. The Council did not want to consider this request. Carolyn Smith said it was good they were getting together. Ken Guenthner, Mayor of Corcoran, said it would be helpful if we could identify areas where there are common interests . Phil Zietlow said the key item was finding a win -win situation for everyone. Moved by Carolyn Smith, seconded by Bruce Workman, to establish a Joint Council meeting between Medina, Loretto, and Corcoran Councils for November 19 at 7:00 p.m., with item B 2 to be deleted from the proposed agenda. Motion passed unanimously. 15. Presentation by UMC Regarding Proposed Development in Corcoran Paul Robinson said UMC has been working with Corcoran on an expansion of their facility. He said this expansion could potentially involve sewer and water from Medina. Don Tomann from UMC said UMC is a twelve million -dollar a year company with growth expectations that have sped up in the past few years. Tomann said UMC needed to build another facility in order to accommodate customers. He said UMC could be a good example by using decorative block, a lot of windows, and nice landscaping. Tomann said UMC could be a positive influence on the community. UMC is running into issues with sewer and water and their short-term need is water to sprinkle the building. Tomann said they are looking at building a 100,000 square foot building. Tomann said they would like to keep the issues of water and sewer separate. Tomann said UMC and the City of Corcoran are requesting assistance with water. Tomann showed the City Council examples of the products they produce. Medical equipment is 65 percent of their business. UMC's aviation fuel delivery system is 22 percent of their business. Tomann said UMC's focus markets are OEM's, medical, and aviation companies. UMC would like to continue to stay in the community. Tomann said they needed to make commitments to their customers by the beginning of 2002, so there was somewhat of a timing issue. Vince Vantertopp, the city engineer from Corcoran, said Corcoran had been working on their Comprehensive Plan for some time, and they anticipate finishing a draft by the end of this year. The City authorized staff to submit an application to MnDot for a frontage road. Vantertopp said this Thursday night they are asking the City Council to authorize the creation of a feasibility report on the costs and alternative for bring sewer and water to UMC's property. Vantertopp said they are working with some urgency to get answers for UMC and Corcoran's City Council. Phil Zietlow asked what the alternatives were. Vantertopp said the alternatives were to do nothing, or to look at a lesser land use. Tomann said the intent long-term was to create a Business Park, but water was the urgency issue right now. Development of the rest of the Business Park would come later when it was beneficial for everyone. Tomann said he was here to familiarize the Council with their business and to let the Council know they would like to stay in the community, but they need to come up with a short-term solution for the water. Tomann said the short-term solution would eventually need to lead into a long-term solution. Medina City Council Meeting Minutes November 6, 2001 245 Phil Zietlow said Medina would have a cost and, therefore, needed to have a benefit. Paul Robinson said at some point the City will need to provided sewer and water in this area. Tom Kellogg said the benefit would be connecting the well at Independence Beach to Loretto and being able to utilize their facilities. Paul Robinson said he was not sure if Medina could fit within UMC's timeline on all of the issues. He said it would probably benefit Medina if the sewer and water issues raised by UMC were connected. Bruce Workman said there were a lot of planning issues. He cautioned UMC on their timeline. Tomann said he understands the timeline was tight and thought this issue could help the cities to accomplish some long-term goals. Bruce Workman said the Council's first responsibility was for the residents of Medina. Ken Genthner said all of the cities have unique needs and may have something to offer. He said the different opportunities needed to be identified within the three cities. 16. Request for Additional Funding to Maintain Hamel Legion Park Jim Johnson said expenses for maintaining the park have gone up. He discussed the increases in expenditures and said he has been discussing ways to reduce expenses with Jim Dillman. Johnson said a lot of volunteer labor goes into this park. Phil Zietlow asked how many Medina kids benefited from the park. Johnson said there were roughly 400 kids in the program and approximately one-third or one-fourth were kids from Medina. Phil Zietlow said Medina citizens were paying the bill and a lot of people use the park who don't pay their fair share. Johnson said the City Council could take over maintenance of the park if they would like. Bruce Workman said the issue was that the park was in the City, therefore, they need to take care of it. Bruce Workman said he supported the park. Jim Dillman said when the athletic association had the park, the City was paying $9,500 per year. Dillman said the maintenance of the park is expensive and has nothing to do with where the kids come from. Bruce Workman said it was not unreasonable to spend $20,000 per year to maintain the park. Phil Zietlow said he is just asking for written documentation on where the money is being spent. Bruce Workman asked how long Johnson has been getting $15,000 per year to maintain the park. Johnson said he had been receiving $15,000 for a couple of years. Johnson said lawn service contracts have increased because the park is now three times larger than it used to be. Carolyn Smith said she would also like to see a financial statement. Bruce Workman asked how much it would cost for the City to maintain the park. Jim Dillman said the City could never do it for $20,000 per year. Jim Dillman said the City spends $16,000 for the mowing, weeding, and fertilizing of the other parks in the City. Carolyn Smith asked Jim Dillman to meet with Jim Johnson to put together a budget just for the record. She said it would also be nice to have an estimate of volunteer time. Medina City Council Meeting Minutes November 6, 2001 246 Johnson said there were only six expense items relating to the maintenance of the park. Johnson said this past year he had a $13,000 mowing contract. Bruce Workman said he was fine with putting a $20,000 request in the budget. Jim Lane asked for a cost comparison for the last two years. Jim Lane said he was having trouble creating an exception for the Hamel Athletic Association. He said they should be accountable for a $20,000 appropriation. Jim Lane suggested Jim Dillman put together some type of a budget. Johnson said he has taken care of the park and has never asked for anything in return. Johnson said the City was getting the maintenance at half of what it would cost the City to maintain the park. Bruce Workman said the Council was asking to see more documentation. Carolyn Smith asked Johnson to include the time for the volunteers. Johnson said he would come up with the numbers the Council was requesting, but he said the Council had no idea how much time the park business takes. Jim Dillman said he would work with Jim Johnson to figure out the numbers by the next meeting. 17. Approval to Authorize Sewer Trunk Improvement Paul Robinson said as a part of the TH 55 and Willow signal project, the Lingen's requested that the City provide them with access to sanitary sewer. Robinson said providing this access would include jacking a sewer line under the highway to their property. He said this project would be considered a trunk improvement and would, therefore, be paid for out of the Sewer Capital Improvement Fund. Bruce Workman asked if this would provide sewer to the four pieces of property. Tom Kellogg said this would only serve two of the four properties. He said this was the most cost-effective way to do it. Bruce Workman asked if the Polaris sewer pipe could be extended. Tom Kellogg said it was cheaper to make two jackings under TH 55 than to run a parallel line along the highway. Moved by Carolyn Smith, seconded by Bruce Workman, to authorize staff to proceed with preparing the plans and specifications for the Lingen trunk sewer extension project and soliciting bids for Council approval. Motion passed unanimously. 18. Approval to Establish an Officer Eligibility List Police Chief Belland said Minneapolis and St. Paul were actively recruiting and have recruited some of Medina's officers. Belland said he thought two officers would probably be gone by next year. Bruce Workman said he would like to keep the officers being recruited. Police Chief Belland said the larger departments were paying officers to work 20 hours per week of overtime. The consensus of the Council was that the chief should go ahead and establish an officer eligibility list. Medina City Council Meeting Minutes November 6, 2001 247 19. Recap of Performance Evaluations Phil Zietlow said the three department heads were evaluated in a closed meeting. He said the evaluations went well. Jim Lane asked how Robinson had arrived at the 3.5 percent for cost of living increase. Paul Robinson said that the increase was based on the CPI for the Metro area. Paul Robinson said he would double-check the number. Ron Batty said the Council should name the persons who were evaluated. Phil Zietlow said Paul Robinson, Ed Belland, and Jim Dillman were evaluated. 20. Long Lake Fire Station Update Jim Lane said on November 20, 2001 Orono and Long Lake would be asked to approve the Long Lake Fire Station. Jim Lane said Medina's formal approval was not required, but anyone interested could attend the meeting at 6:00 p.m. at St. George's Church in Long Lake. 21. Long Lake Sewer Easement Issue Paul Robinson said Long Lake was trying to clear the title on their City Hall property when they realized Medina holds a sewer easement over part of their City Hall property. Paul Robinson said staff from Long Lake would meet with MnDot to look at how they would acquire easements. MnDot will look at it to see how much needed to be vacated. Paul Robinson said this pipe will be replace by an MCES interceptor. Bruce Workman said Long Lake needs to bring it to Medina ready to go. Jim Lane said MnDot has a deep pocket to buy out people, so Medina shouldn't settle cheap. 21. Projector Purchase Update Paul Robinson said the projectors in the $4000 range project farther and clearer. Ed Belland said a cheaper projector would mean the lights would need to be turned off in order to be able to see what was being projected. Bruce Workman asked if the City had considered leasing. Ed Belland said they haven't looked at that. Paul Robinson said when the City leased cameras for the squad, it turned out it was cheaper to purchase them. Moved by Bruce Workman, seconded by Carolyn Smith, to approve an additional $2, 500 for the purchase of a projector and laptop out of the 2001 contingency account. Motion passed unanimously. 22. 2002 Budget — Request for Additional Employee Paul Robinson said at the next two meetings he would be presenting more information on the budget as a whole. Robinson said he clarified the administrative duties of the additional employee, but said it would be difficult to prioritize the job. Paul Robinson said there might be tasks that take more time that might not be the highest priority. Phil Zietlow said the timing was not good to add an additional employee. Bruce Workman said he was open to hear arguments since he wasn't here two weeks ago. Moved by Jim Lane, seconded by Carolyn Smith, to approve the request for an additional employee in the 2002 budget. Carolyn Smith and Jim Lane voted in favor Phil Zietlow and Bruce Workman opposed. Motion failed (2-2). Medina City Council Meeting Minutes November 6, 2001 248 Carolyn Smith suggested adding this topic to the work session. She said she was not asking for a revote, but she believed Loren Kohnen would have been maintained in an advisory role. Bruce Workman said he needed to see where it would save the City money. Carolyn Smith requested that information be brought back at the next meeting showing how an additional employee would save the City money. Paul Robinson said he would try to provide that information at the next meeting. 23. Livable Communities Act (LCA) Participation Paul Robinson said the same resolution had passed on a number of occasions. Staying in the program would help when the City was processing Comprehensive Plan amendments. Carolyn Smith asked if the $20,000 was currently in the budget. Paul Robinson said they were all existing expenditures. Jim Lane asked if the Livable Communities Act was only related to housing. Paul Robinson said yes. Carolyn Smith said the City could apply for a grant for uptown Hamel. She wanted to see what expenditures the City used to meet their financial obligations. Paul Robinson said he would include a list of possible expenditures that could be used in an upcoming Friday report. Moved by Carolyn Smith, seconded by Bruce Workman, to adopt Resolution 01-58 electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act. Motion passed unanimously. 24. 2002 League of Minnesota Cities (LMC) Policies Paul Robinson said the LMC lobbies the legislature for issues affecting cities. He said the Council needed to select the five most important policies affecting Medina. The consensus of the City Council was on SD-2: Unfunded Mandates, FF-5: Sales Tax on Local Government Purchases, SD-3: City Costs for Enforcing State and Local Laws, LE-23: OSA Time Limitations, and SD-15: Sale of Lawn Fertilizers Containing Phosphorus. 25. Acquisition of Tax Forfeiture Property Paul Robinson said he received the letter a few days ago and called the president of the homeowner's association. Paul Robinson said the developer never turned over the title to the association's tennis court to the homeowner's association and the president of the homeowner's association would like the forfeiture canceled. Jim Lane asked why the City needed to take any action. Ron Batty said there was no harm in doing it, but he was not sure where Medina's involvement was. Paul Robinson said it was a good neighbor thing to do. Paul Robinson said if this were to proceed normally, the next step would be to auction off the property. Jim Lane said it should be sent back to the homeowner's association. Bruce Workman said canceling the forfeiture would set a precedent. Paul Robinson said he got a notice from the County asking if Medina wanted this parcel. The consensus of the City Council was to turn this matter back to the homeowner's association. Medina City Council Meeting Minutes November 6, 2001 249 26. Work Session on Personnel Policy, Job Descriptions, Merit Pav, and Pay Structure Paul Robinson said staff was recommending discussing a number of personnel issues at an upcoming work session. He said this would include updating the personnel policy, job descriptions, merit pay, and pay structure. Robinson said there were options that the Council should understand before making a decision. Bruce Workman asked if the City needed to hire another person as a consultant. Bruce Workman said he was concerned about how much time to spend on it. Paul Robinson said they could bring it to a regular meeting, but it would be easier to have Paul Ness explain it at a work session. Jim Lane asked if the November 21, 2001 agenda was already full and said he was willing to give it a try at that time. Bruce Workman said he doesn't want to create issues where there aren't any. Paul Robinson said there are issues that need to be looked at. The consensus of the Council was to incorporate it into the work session on November 21, 2001. 27. Planning and Zoning Update Loren Kohnen said he had a request for a go-cart track on a piece of property in Medina. Loren Kohnen said he was trying to change their mind. However, they contend that it would be allowed under outdoor recreation. He said he will keep the Council informed. Loren Kohnen said the Berthiaumes were putting up a pole building and were told they had until November 14, 2001 to take it down or they would be taken to court. Loren Kohnen said the pole building has been taken down. Loren Kohnen said he has had two calls regarding the condition of Hackamore from residents who don't want to pay another assessment. Jim Dillman said the construction trucks shouldn't be up there and he would check on it. Jim Dillman said the road was split up between Medina and Corcoran. There was some concern about Wild Meadow trucks using the roads. Carolyn Smith said Dave Newman should be called. 28. Pav the Bills Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the bills, order check numbers 23040-23100 for $117,863.25, and payroll check numbers 17299-17337 for $33,212.31. Motion passed unanimously. 29. Adiournment Moved by Bruce Workman, seconded by Phil Zietlow, to adjourn the meeting at 11:30 p.m. Motion passed unanimously. !hilip K. Zie MOW Pau' r"T' !"'1in strator-Clerk-Treasurer w, Acting Mayor Medina City Council Meeting Minutes November 6, 2001 250 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes November 6, 2001 251 ORDER CHECKS - NOVEMBER 6, 2001 23040 ORCHARD TRUST $880.00 23041 ORCHARD TRUST $880.00 23042 ASPEN ENVIRONMENTAL $194.15 23043 BELLAND, EDGAR $50.00 23044 BLACK, RICHARD, COMMISSIONER $342.72 23045 BONESTROO, ROSENE, ANDERLIK $30,801.51 23046 BRAUN, ROBERT $730.00 23047 CLASSIC CLEANING $399.38 23048 CORCORAN, CITY OF $2,406.38 23049 CROW RIVER NEWS $174.99 23050 DELTA DENTAL $1,063.65 23051 DEPARTMENT OF PUBLIC SAFETY $9,597.97 23052 DITTER, INC $322.50 23053 DOBO'S, THE $90.00 23054 E-Z-RECYCLING $2,627.46 23055 ERICKSON, ROLF ENT., INC. $3,788.74 23056 FIRST STUDENT, INC. $138.00 23057 FIRSTAR BANK $436.76 23058 FORTIS BENEFITS $211.76 23059 GRAFIX SHOPPE $39.45 23060 HARRIGAN, JOHN W.,COMMISSIONER $483.28 23061 HAWKINS INC. $1,680.27 23062 HELPING MINNESOTA CITIES, INC. $779.25 23063 HENNEPIN CO. SHERIFF'S OFFICE $15.00 23064 HENRY & ASSOCIATES $646.44 23065 KENNEDY & GRAVEN $14,610.90 23066 KRAEMER, EDWARD & SONS, INC. $3,481.41 23067 LAW ENFORCEMENT LABOR SERVICES $198.00 23068 LAWSON PRODUCTS, INC. $55.06 23069 MEDICA $248.00 23070 MEDICA CHOICE $7,482.04 23071 METRO WEST INSPECTION $14,625.30 23072 METROCALL $152.00 23073 METROPOLITAN COUNCIL WASTEWTR $2,227.50 23074 MIDWEST ASPHALT CORPORATION $1,339.98 23075 MN CHIEF'S OF POLICE $15.98 23076 MN DEPT. OF ADM. $65.00 23077 MOBIL $12.43 23078 MOTHERS MOTORS/LORETTO TOWING $20.00 23079 O'TOOLE, MICHAEL COMMISSIONER $336.64 23080 ORONO IND.SCH.DIST. 278 $737.06 23081 PRUDENTIAL INSURANCE CO. OF AM $142.90 23082 QWEST $568.70 23083 RANDY'S SANITATION $97.66 23084 RELIANT ENERGY MINNEGASCO $24.62 Medina City Council Meeting Minutes November 6, 2001 252 ORDER CHECKS — NOVEMBER 6, 2001 (CONT'D) 23085 SPECTRUM LABS, INC. $708.00 23086 STOFFEL SALES $378.10 23087 STREICHER'S $1,542.83 23088 TALLEN & BAERTSCHI $2,490.73 23089 TRUGREEN CHEMLAWN (OSSEO) $271.59 23090 U.S. FILTER/WATERPRO $2,073.23 23091 UNITED RENTALS HIGHWAY TECH $471.88 23092 USPS $500.00 23093 VALVOLINE FLEET SERVICES $164.28 23094 VERIZON WIRELESS $243.00 23095 Void $0.00 23096 WESTSIDE EQUIPMENT $13.12 23097 WESTSIDE WHOLESALE TIRE $2,283.20 23098 WRIGHT-HENNEPIN ELECTRIC $1,031.83 23099 XCEL ENERGY $46.42 23100 XEROX CORPORATION $424.20 $117,863.25 PAYROLL CHECKS — OCTOBER 22, 2001 17299 ROBINSON, PAUL A. $1,305.97 17300 SCHERER, STEVEN T. $1,083.03 17301 MCGILL, CHRISTOPHER R. $1,184.06 17302 DILLMAN, JAMES D. $1,545.11 17303 DRESSEL, ROBERT P $0.00 17304 BELLAND, EDGAR J. $1,905.35 17305 VIEAU, CECILIA M. $992.56 17306 SULANDER, LAURA L. $1,075.51 17307 LARSON, SANDRA L. $896.11 17308 BOECKER, KEVIN D. $950.22 17309 VOID $0.00 17310 PRIEM, JON D. $1,190.13 17311 CHRISTENSON, JEREMY $1,226.46 17312 VOID $0.00 17313 DERMODY, WILLIAM H. $652.36 17314 NELSON, JASON $1,098.31 17315 VOID $0.00 17316 VOID $0.00 17317 NYSTROM, JAMES $1,207.52 $16,312.70 Medina City Council Meeting Minutes November 6, 2001 253 PAYROLL CHECKS - NOVEMBER 5, 2001 17318 SMITH, CAROLYN A. $138.52 17319 FERRIS, JOHN B $207.79 17320 ZIETLOW, PHILIP K. $138.52 17321 ROBINSON, PAUL A. $1,305.97 17322 SCHERER, STEVEN T. $1,063.31 17323 MCGILL, CHRISTOPHER R. $1,243.29 17324 DILLMAN, JAMES D. $1,545.11 17325 DRESSEL, ROBERT P. $0.00 17326 BELLAND, EDGAR J. $1,905.35 17327 VIEAU, CECILIA M. $992.56 17328 SULANDER, LAURA L. $1,075.51 17329 LARSON, SANDRA L. $896.11 17330 BOECKER, KEVIN D. $924.33 17331 PRIEM, JON D. $1,179.36 17332 CHRISTENSON, JEREMY $1,167.24 17333 NYSTROM, JAMES $1,122.21 17334 LANE, JAMES S. $138.52 17335 WORKMAN, BRUCE $138.52 17336 DERMODY, WILLIAM H. $659.57 17337 NELSON, JASON $1,057.82 $16,899.61 Medina City Council Meeting Minutes November 6, 2001 254 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes November 6, 2001