MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF JORDAN IN THE COUNTY OF SCOTT MAY 16, 2016

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1 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF JORDAN IN THE COUNTY OF SCOTT MAY 16, CALL TO ORDER: Present: Mike Franklin, Jeremy Goebel, Mayor Tanya Velishek, Jeff Will, Terry Stier, and Dale Oldenburg. Also Present: Administrator Nikunen, Administrative Assistant Dault, Attorney Wisdorf, Police Chief Empey, Planners Holey and Barbes, Finance Director Schaefer, and Engineer Loose. 2.0 PLEDGE OF ALLEGIANCE: 3.0 PUBLIC IMPROVEMENT HEARING: A. MILL EAST STREET ALLEY: Engineer Loose stated the purpose of the public improvement hearing on the Mill-East Street Alley was to gather public input from the property owners on the proposed project. Currently the alleyway is gravel and there are maintenance and drainage concerns. Four options were discussed. Mayor Velishek opened the public hearing at 6:34 p.m. Paul Klose of 404 First Street stated he felt that by just regrading or reshaping the alley should help. Another gentleman that lives on Water Street also commented that he agrees with Mr. Klose that the alley doesn t need concrete or asphalt. The hearing closed at 6:39 p.m. B. VACATION OF EASEMENT 821 CORPORATE DRIVE: The public hearing for the vacation of the easement agreement for 821 Corporate Drive opened at 8:39 p.m. and there was no public comment. The hearing closed at 6:40 p.m. 4.0 MINUTES OF PREVIOUS MEETING: Motion Franklin second Stier to approve the May 2, 2016 minutes as presented. Abstain Lieske. Motion approved. 5.0 SET AGENDA: Motion Stier second Oldenburg to set the agenda as presented. Motion approved. Vote all ayes. 6.0 PUBLIC COMMENT: Attorney Wisdorf stated that one refuse company wants to speak tonight on the garbage rfp s. It is the Council s discretion to allow that but Attorney Wisdorf suggested that some ground rules be established such as speaking no longer than 3 minutes and because not all companies

2 are present this evening that you limit your items to what is already in the proposals, and you can t do comparisons, and no new items can be discussed. Motion Franklin second Stier to allow garbage representatives to speak under the parameters as outlined above. Motion approved. Vote all ayes. Troy Schuette of Elite Waste Disposal addressed the Council and stated they built a nice facility in town and has been the City s partner the last 8 years, employees 35 people and offers superior service. He asked for the Council s vote. Mr. Schuette tried to handout a comparison between companies, but the Council refused. Jeff from DSI also spoke and thanked the Council for their consideration. Mark Ballard of 207 Rustle Road stated the new history center is great and he is glad the facility is downtown. 7.0 ADMINISTRATOR S REPORT: A. GARBAGE RFP S: Administrator Nikunen stated the City received four proposals for garbage. The following summary compares the total cost of the 5 year contract under each company s proposal: Company A - $1,339, Company B - $1,602, Company C - $1,931, Company D - $1,886, If the Council decided to go with Company A it would be a savings of $500,000 over the five year contract. Company A does not offer curbside bulky service but they will have a dropoff site where it would be free for Jordan customers. Staff had referenced the garbage survey that was distributed to determine what the residents wanted. Councilmember Stier stated the Council doesn t have to take the lowest bid, but would have to justify why they didn t. Motion Will second Oldenburg to award the garbage contract to Company A pending signing a contract. Motion approved. Vote all ayes. Mayor Velishek thanked staff and Brad Hanzel for all their work on drafting the RFP and for the companies who submitted their proposals. B. AUTHORIZE ADVERTISING FOR A NEW CASHIER/BILLING CLERK: Administrator Nikunen stated the work load in the front offices has increased substantially over the last five years and believes the addition of another employee would be beneficial. The Jordan Deputy Registrar does over 18,000 transactions a year and serves numerous car dealers. We would add a full-time cashier/billing clerk. Jess Geis would go to part-time in the deputy

3 office and Susie Bendzick would do mostly deputy registrar work. The added position and shuffling of staffing will cost the City roughly $9, for the last 6 months of the year. The new employee would start July 1 st. Motion Stier second Franklin to adopt the Personnel Committee s recommendation to approve advertising for the new position of cashier/billing clerk and to be paid at the cashier union contract pay in the current contract, and also approving the transition of Jessica Geis to part-time and Susie Bendzick to deputy registrar. Motion approved. Vote all ayes. 8.0 ATTORNEY S REPORT: A PROJECT: XCEL & 300 SUNSET DRIVE ASSESSMENTS: At the May 2, 2016 meeting, the Council adopted the assessments for the 2016 projects with the exception of Xcel Rice Street Project and Kathleen M. Stemig for 300 Sunset Drive. Both properties filed written objections. Motion Franklin second Stier to follow the appraiser to not assess Xcel for the Rice Street project. Councilmember Franklin realized it would be difficult, but he thought it was common sense to assess Xcel because he believes they do benefit from the road and they do go down Rice Street. Mayor Velishek struggled with the assessment and Councilmember Lieske thought Xcel would be a good neighbor if they would pay a portion of the cost. Motion approved. Vote all ayes. Motion Stier second Lieske to adopt Resolution adopting assessments for Kathleen Stemig at 300 Sunset Drive in the amount of $4,400. Motion approved. Vote all ayes. The assessment was reduced because it compares in size to similar properties and what work is actually being done. B PROJECT: PINT ASSESSMENTS: The 2016 projects assessment roll was adopted on May 2 nd which included the Jaron and Marilyn Pint property located at 136 Rustle Road. The Pint s had submitted a letter stating that in 1990 their lot was assessed 40 feet for about $3,500 when the road was built south of their lot. They felt they should not be charged for these forty feet since no sewer or water lines will be added. Attorney Wisdorf stated if the Council chose to reassess, they would have to go through another assessment hearing as required by statute. Council s decision on this parcel is a policy decision: 1. Should parcels be assessed more than once for street or utility construction? 2. If yes, should parcels only be assessed a second time a certain number of years after the first assessment? Staff recommendation is to leave the assessments as they were applied on May 2 nd.

4 9.0 ENGINEER S REPORT: A. MILL STREET EAST STREET ALLEY RESOLUTION Motion Velishek second Oldenburg to adopt Resolution ordering the improvement and preparation of plans for the Mill-East alley improvements project which includes the alley from Mill Street to East Street, located north of Water Street and south of First Street using Option 4 which includes lowering the alley approximately 2 feet and adjustment of driveway aprons as needed with bituminous at a cost of $46,400. Motion approved. Vote all ayes. B. 282 & CREEK LANE: Engineer Loose commented on the intersection of 282/Creek Lane and discussed roundabouts and traffic signals. To apply for a cooperative agreement the deadline is June 6 th. Loose stated that MnDOT would support a traffic signal, however they would need to see the adjacent Creek Lane access relocated further away from the TH 282 intersection. Administrator Nikunen stated he doesn t believe the city is ready to make a decision on this intersection and suggested tabling until next year. Councilmember Will stated this frustrates him to no end the discussion regarding roundabouts. He believes that a traffic signal is the way to go. He felt the signal light would help get people to and from school. He stated the Council runs the town and not MnDOT. He suggested that staff apply for a Safe Routes to School grant for a signal light. Motion Stier second Lieske to direct staff to request MnDOT to install traffic signal lights at the intersection of TH 282 & Creek Lane as a total city cost. Motion approved. Vote all ayes. C. WELLHEAD PROTECTION PLAN: Engineer Loose stated the City received a letter from the Minnesota Department of Health requiring the City to update its Wellhead Protection Plan Parts 1 and 2 by April of Cost for Part 1 is $24,700 and Part 2 is $25,000. Councilmember Stier asked if this should be included in the City s Preventative Maintenance Program. He suggested it should be included in the budget. Motion Oldenburg second Franklin to proceed with Part 1 of the update to the Wellhead Protection Plan per State requirements. Motion approved. Vote all ayes FINANCE REPORT: A. APRIL 2016 FINANCE REPORT: Finance Director Schaefer stated there is 69.48% of the general fund budget remaining unspent as of the end of the month. Four new home permits were issued so far this year. B. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF EXCESS GENERAL FUND BALANCE TO CAPITAL FUNDS: Motion Lieske second Will to adopt Resolution authorizing and directing the transfer of excess general fund balance to city facilities capital fund in the amount of $379,347. Motion approved. Vote all ayes.

5 11.0 PLANNER S REPORT: A. HENTGES CUP RESOLUTION : Planner Holey stated S.M. Hentges & Sons Inc. submitted a CUP application to request outdoor storage exceeding 2:1 land to building ratio for their property listed as Lots 1 & 2, Block 1 Timberline Business Park Third Addition. The proposed use for this site is a maintenance stop and operations building. The building is 4,681 square feet initially with a proposed size of 21,312 square feet when fully built out. Motion Stier second Franklin to approve the Planning Commission recommendation to adopt Resolution approving a conditional use permit for outdoor storage for S.M. Hentges, in the I-2, General Industrial District with the following conditions: 1. This CUP will become effective upon the transfer of title of Lots 1 & 2 Block 1, Timberline Business Park Third Addition from the current owner to SM Hentges, LLC. 2. This approval shall be contingent on the approvals of a Lot combination, Vacation of Easement and Site Plan Review. 3. All outdoor storage currently located a principal use on Lot 5, Block 2, Jordan Development Corp. 1st Addition shall be removed within three months of issuance of the Certificate of Occupancy for the proposed new building at 821 Corporate Drive. 4. No outdoor storage shall be permitted prior to the construction of the principal structure on the site. 5. Any loud noises such as back up alarms from vehicles in the outdoor storage area are prohibited between the hours of 10 p.m. and 7 a.m. Motion approved. Vote all ayes. B. LOT COMBINATION TIMBERLINE INDUSTRIAL PARK RESOLUTION : Planner Holey stated the City received a request for Council to consider combining Lots 1 and 2, Block 1, Timberline Business Park 3 rd Addition. These lots are owned by Hartman Brothers LLC, and Developers S.M. Hentges located at 821 Corporate Drive and 801 Timberline Court. Motion Stier second Lieske to adopt the Planning Commission s recommendation to approve Resolution approving the lot combination for 821 Corporate Drive PID and 801 Timberline Court PID Motion approved. Vote all ayes. C. VACATION OF EASEMENT 821 CORPORATE DRIVE: Planner Holey stated that SM Hentges LLC is proposing to combine Lots 1 and 2, Block 1 of Timberline Business Park Third Addition. As a part of this development, they are requesting the vacation of the 10 utility easement which runs along the perimeter of the two lots, where they will be combined. Motion Stier second Oldenburg to adopt the Planning Commission s recommendation to approve Resolution approving the vacation of drainage and utility easements

6 between Lots 1 & 2, Block 1, Timberline Business park Third Addition. Motion approved. Vote all ayes. D. MOBILE FOOD UNITS FIRST READING OF ORDINANCE : Planner Holey commented on the first reading of Ordinance regarding mobile food units. Councilmember Franklin asked if any restaurants commented on the ordinance and no one has. Franklin thinks the ordinance is very restrictive. Councilmember Lieske stated the initial response from the Planning Commissioners was to honor the businesses that pay taxes in town and thought maybe the ordinance could loosen be reconsidered in the future to be less restrictive. Motion Stier second Lieske to approve the first reading of Ordinance regarding mobile food units. Motion approved. Vote all ayes. The second reading will be added to the next agenda. E. APPOINT PLANNING COMMISSION APPLICANTS: Planner Holey asked Council to appoint applicants to the planning commission and to have one Council liaison to serve on the Planning Commission. Councilmember Goebel arrived at 8:36 p.m. Motion Stier second Franklin to approve having one Councilmember liaison on the Planning Commission. Motion approved. Vote all ayes. Motion Velishek second Stier to have Jeff Will as the Planning Commission liaison and Councilmember Lieske as the alternate. Motion approved. Vote all ayes. Motion Oldenburg second Lieske to appoint Jesse Soller and Jane Bohlman to the Planning Commission. Motion approved. Vote all ayes. Motion Stier second Franklin to add the Lagoon Park Shelter to the June 6 th agenda. Motion approved POLICE REPORT: A. APRIL 2016 POLICE REPORT: Police Chief Empey stated there has been a fairly sizeable uptick in criminal traffic crimes. Through April, there have been 92 such offenses so far this year compared to 8 last year. B. POLICE OFFICER APPOINTMENT (PART-TIME HOURS): Motion Stier second Goebel to approve the hiring of Brittany Schommer as a Part-time Police Officer. Motion approved. Vote all ayes. C. WARNING SIRENS: Police Chief Empey gave an update regarding the 7 sirens located within the city. A request has been made to install another siren in the Sawmill Woods development. Estimated cost of a siren is $22,500 to $27,000. Councilmember Stier suggested

7 the Fire Department be contacted to determine if they would be willing to contribute some monies to the purchase. The siren will be budgeted for and would be installed in PUBLIC WORKS REPORT: A. APRIL 2016 PUBLIC WORKS REPORT: Public Works Director Haas presented the April 2016 Public Works Report. B. APPOINTMENT OF FULL-TIME PUBLIC WORKS EMPLOYEE: Motion Oldenburg second Stier to adopt the Personnel Committee s recommendation to appoint John Hennen as a fulltime public works employee. Motion approved. Vote all ayes CONSENT AGENDA: A. BILLS B. SPECIAL EVENT PERMIT ILUMINIGHT 5K July 9 th C. TEMPORARY 3.2% MALT LIQUOR LICENSE APPLICATION ILUMINIGHT contingent on receipt of insurance and fee D. APPOINTMENT OF PLANNING INTERN Andrew McIntyre E. SPECIAL EVENT PERMIT HARLEY HEAVEN 8/20/2016 F. EMS WEEK MAY Motion Stier second Franklin to approve Consent Agenda items A-F including the addition to the list of bills in the amount of $60, Motion approved. Vote all ayes 15.0 COMMITTEE REPORTS: A. PLANNING COMMISSION MINUTES APRIL 12, 2016 The April 12, 2016 Planning Commission minutes were included in the Council packet MAYOR COMMENTS: There was no Mayor s comment COUNCIL COMMENTS: Councilmember Will stated that S.M. Hentges is doing a substantial upgrade to the tax base with his improvement project. He thanked Public Works Director Haas for all his work on the Council Chambers/History Center. Councilmember Oldenburg stated the new facility looks nice. Councilmember Stier is happy where the City is going with all the improvements that are happening and is glad to be a part of it. Councilmember Lieske stated the facility looks beautiful. Councilmember Goebel commented on the awards banquet at the senior high and stated there are very talented youth in the community. Councilmember Franklin commented on EMS Week and thanked them for all their efforts.

8 18.0 ADJOURNMENT: Motion Stier second Lieske to adjourn the meeting. The meeting adjourned at 9:06 p.m. Motion approved. Vote all ayes. Tanya Velishek, Mayor ATTEST: Tom Nikunen, City Administrator