HomeMy Public PortalAbout02/03/2010 CCM31
MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 3, 2010
The City Council of Medina, Minnesota met in regular session on February 3, 2010 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Siitari, Smith, Weir.
Members absent: Johnson.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, City Planner Dusty
Finke, Public Works Superintendent Steve Scherer, City Administrator Chad Adams and
Recording Secretary Carla Wirth.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the January 19, 2010 Special City Council Meeting Minutes
Moved by Smith, seconded by Weir, to approve the January 19, 2010 special City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the January 19, 2010 Regular City Council Meeting Minutes
It was noted on Page 2, Line 35, it should state: "reported that two new members,
Kathleen Martin and John Anderson, joined the Commission..." Line 50: "Temroc
building in conjunction with other jurisdictions; and..." Page 3, Line 4: "...but advised
that it would be..." Line 50: "...that the public should be educated..." Page 5, Line 24:
"...recently completed conservation ordinance funded by the MPCA and provided..."
Moved by Weir, seconded by Siitari, to approve the January 19, 2010 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Raffle Permit for Turn in Poachers - West Metro Chapter at 500
Hwy 55 on March 7, 2010
B. Approve Kicks 4 Kids Soccer Program Agreement
C. Approve Hamel Athletic Association Agreement
D. Resolution Authorizing Execution and Approval of Grant Agreement for
Hamel Field House
E. Resolution Upholding a Decision to Deny Permission to Construct
Improvements within Right -Of -Way adjacent to 2590 Keller Road and
Ordering the Removal of Certain Improvements from the Public Right -Of -
Way
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F. Resolution Approving and Awarding the Sale of, and Providing the Form,
Terms, Covenants and Directions for the Issuance of Its Limited Taxable
Tax Increment Revenue Notes, Series 2010 in an Aggregate Principal
Amount Not to Exceed $2,000,000
G. Accept Clydesdale Trail (Medina Retail & TH55) Public Improvements in
Amount of $3,870,728.17
H. Accept Trunk Highway 55 South Frontage Road Public Improvements in
Amount of $484,328.48
Moved by Smith, seconded by Weir, to approve the consent agenda. Motion passed
unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Ann Thies stated they held their first meeting of the year last week
and selected Ben Benson as Chair, Madeleine Linck as Vice Chair, and Paul Jaeb as
Secretary. She reviewed topics covered by Adams and the Commission's discussion of
the Hamel Legion Park fencing. The Commission recommended, on 4/2 vote, to reduce
the commercial park dedication from 10% to 8%.
C. Planning Commission
Planning Commissioner Kent Williams stated they have not met since the last Council
meeting but at the last meeting had recommended approval of the two cases on the
Council's agenda tonight. At their next meeting, they will consider the Lennar concept
plan and OSI site plan.
VII. NEW BUSINESS
A. Three Rivers Park District, Baker Near -Wilderness Settlement Request for
CUP Amendment
City Planner Finke presented the request of Three Rivers Park District to amend their
CUP for the Near -Wilderness Settlement Area on CR24 to construct a 768 square foot
office building to serve their district staff on Public/Semi-Public (PS) zoned property,
which requires a CUP. He described the site plan, setbacks, and existing
improvements. It was noted the septic system is located north of the staff cabin.
Finke noted this parcel is 295 acres in size and reviewed the number and location of
existing parking spaces, noting one stall will be lost through construction due to having
to meet wider ADA requirements. The current CUP required 40 paved parking stalls.
Staff and the Planning Commission discussed whether the required parking stalls
should be required but, since the potential parking concern occurs only 8-10 times a
year when the lodge is at maximum occupancy, it was decided that overflow parking can
be handled at the maintenance barn to the south instead of increasing hard surfaces.
Finke presented the office floor plan, exterior elevations, and efforts being made for Low
Impact Development by using a green roof, localized retention area capturing run off,
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February 3, 2010
33
and wood chip trails where allowed. The Planning Commission recommends approval
of the CUP amendment subject to eleven conditions as detailed in the staff report.
Smith stated she was surprised there was not an issue of hard cover of 20% since the
Park District said they couldn't do the horse trail because it would put them over that
percentage. Finke explained it is not an issue of hard cover limitation but, rather, active
recreational use versus reserve use.
Weir asked about Condition 4, building permits, and noted they will not be building a
septic mound or system but would put in a septic pipe that will connect to the existing
system. Finke stated that language will be clarified since it is actually a plumbing permit
to connect to the existing septic. Weir asked if the septic line would be installed by
directional bore or open trench.
Dan Elias, Park District Designer, stated they have worked with Metro West Inspections
to directionally bore that line to save many significant trees. With regard to the 20%
issue, he explained this reserve is at the 20% developable area. This building will be
constructed within a previously designated developable area. He offered to provide staff
with information on the definition of developable area and explained 20% is a self
imposed requirement and the same within all park preserves.
Smith stated she wants to assure there is a sufficient horse trail along County Road 19
because it is important to provide safety. She stated there is an area from County Road
24 to the creek where the horse trail narrows and becomes too close to the other trail.
Moved by Weir, seconded by Smith, to direct staff to prepare a resolution approving the
request of Three Rivers Park District for CUP amendment with conditions as presented
by staff. Motion passed unanimously.
B. Ordinance Amending the Regulations of the Rural Commercial Holding
(RCH) Zoning District and Creating the Rural Business Holding (RBH)
Zoning District; Amending Section 835
City Planner Finke stated the properties under discussion tonight were guided in the
new Comprehensive Plan for Commercial, General Business, or Industrial Business
uses in the future, but which cannot develop with municipal services until some time in
the future as a result of the Staging Plan. This ordinance would provide for short-term
uses until such a time urban services are available and the property would then be
rezoned.
Crosby noted this is an amendment on property that currently has restrictions on use,
pending ultimate development, so this is not a down zoning concept. Finke stated the
major change is not in these regulations, but decisions already made by the City in the
Comprehensive Plan. He explained this would not be a down zoning but the
Comprehensive Plan does zone property for a less intensive use for the short term until
urban services are available.
Finke displayed a map to identify the properties under discussion and described the
regulations for two zoning districts: Rural Commercial Holding (RCH) and Rural
Business Holding (RBH). He explained the RCH district already exists and applies to
property along Highway 55. RBH is a new district recommended by staff. Finke
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reviewed past City action in 2001 to create the RCH district and explained the
recommended action would be a continuation of that policy and when utilities become
available, the properties would be rezoned Commercial or Business upon development.
Finke noted the regulations in Rural Commercial mirror the RCH district that is already
adopted and when sewer is available that would be a likely zoning to use. RBH is
similar to Business Park. The policy question tonight is how to regulate the land use to
limit development to uses that can be intensified when urban services become available.
Crosby asked if property owners received notice and what has been the response from
the community, Finke explained there has been some confusion because many
property owners who received this notice had received previous notices for the
Commercial Park zoning district discussion. One request was received from the owner
of a contracting business on CR19 who was fearful their use would be made
nonconforming so the Planning Commission recommended adding "Contractor
Services" into Rural Holding. Finke advised the bigger concern was with the
Comprehensive Plan and enactment of the Staging Plan since these properties
previously had the ability to develop.
Planning Commissioner Williams stated no one appeared at the public hearing to speak,
but some submitted written comment or talked with staff.
Smith stated she is supportive of past action since residential usage should not be
allowed if it will end up as Commercial. She supported allowing a less intense smaller
commercial use. Smith asked about the option of using "ghost platting" for larger sized
parcels. Finke stated that type of process is normally used to lay out residential lots but
may not be as useful for laying out RCH properties because when sewer is available,
the commercial uses may differ. However, you could consider how utilities can be
extended to the rest of the property, like a site layout, to assure the ability to further
subdivide. He noted that staff identified heavier water uses and removed them from
being allowed since the property would be on a septic system.
Smith stated she was surprised auto sales is allowed under Rural Commercial since it
involves a lot of outdoor storage. Finke stated outdoor storage is limited to 20% of the
size of the building and must be screened so there cannot be open sales lots.
Finke advised that some existing residential homes within these Districts would become
nonconforming uses. The Staff report identified the homes that exist today as an interim
use and are allowed without a permit. The Ordinance, as drafted, would allow those
uses to have an addition or intensive residential use with approval of an Interim Use
Permit which allows review and the ability to add a condition that the residential use is
temporary until the site is redeveloped.
Finke stated in order to limit the potential for development in RCH and RBH Districts,
staff recommended a 20 acre minimum lot size including five acres of suitable soils. He
stated that as of today, there are 30 lots within the district. Adding the required 20 acres
means only one parcel would have the ability to further subdivide. In addition, the draft
ordinance limits sanitary sewer usage on a lot to 100 gallons/day/net acre. He reviewed
a chart that translated the sanitary sewer usage limitation into a maximum amount of
square footage for different uses that could be constructed that would .produce about
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100 gallons/day/net acre. Finke stated the other significant change is a
recommendation to increase the residential setback from 50 feet to 100 feet for
Residential Holding because of the rural nature of the lots.
Finke stated the existing ordinance requires properties to connect to City sewer when it
becomes available. Staff noted the language adopted in 2001 does not reference
connection to City water and there is no exemption for farm houses. Finke stated Staff
included an exemption so it is not a requirement to connect unless they want a
Commercial use in the interim.
Finke stated the Planning Commission recommended approval of the ordinance with
two changes: to add "Contractor Services" to the list allowed within RCH; and, to add
stronger language to emphasize the importance of designing any short-term
development which may occur prior to municipal utilities being available in a way which
can efficiently accommodate additional future development. Both of these changes
have been incorporated into the ordinance under review.
Crosby polled the Council whether anyone did not support the creation of a Rural
Business Holding district. No one responded.
The Council reviewed each page of the draft ordinance and consensus was reached to
make the following revisions:
Pages 1 and 10, add language referring to: "protecting ecologically sensitive
natural features."
The Council indicated support to not allow the growing of livestock since it raises water
quality issues. Batty explained this is a total ban and given the statutory and
constitutional protections he was not sure the City can distinguish among the types.
Pages 1 and 10, add: "consistent with the animal density standards."
Weir referenced Page 5 and asked if Section 835.05 Interim Uses, (1) should say
"existing" single family. Smith questioned if there is an impact with insurance coverage
and stated her preference to use the term "interim use" instead of "nonconforming use."
Finke explained that a nonconforming use could continue into perpetuity but an interim
use assumes an end date. The question is whether it is necessary given the protection
nonconforming uses already have under the law. The ordinance, as drafted, includes a
default event to trigger the end of a single-family use: "when the property is
redeveloped." Council indicated it was comfortable with this approach for interim use.
Batty stated this is not a classic use of the interim use permit notion and he does not
know about the insurance impact since there are not many interim uses in existence.
Crosby felt the default clause answered that concern. Weir expressed concern the City
may end up with a lot of poorly maintained houses. Batty agreed that may occur.
The Council discussed whether a homeowner should be required to connect to water if
the property has a sufficient well, noting the cost burden to connect is $4,000, piping
costs $25-30/foot and may require 1,000 feet of pipe, and a residential 4 inch pipe could
not be reused by a future commercial project.
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February 3, 2010
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For residential uses, the Council supported an exemption for sewer connection if
the septic system is not failing and to not require water connection.
Page 7, subdivision 1, staff to refine language for "guided development."
Page 13 staff to add language for sewer and water exemption.
Moved by Weir, seconded by Smith, to direct staff to make revisions to the ordinance as
indicated above for inclusion on the March 2, 2010, consent agenda. Motion passed
unanimously.
C. Ordinance Amending Section 820.31 of the Code of Ordinance Regarding
Park Dedication and Open Spaces
Adams reviewed the dates this ordinance was last updated and that the Park
Commission reviewed this matter at its January 20, 2010 meeting, discussed the
fairness between residential and commercial fees, and recommended a reduction in
commercial park dedication from 10% to 8%. The Park Commission also acknowledged
that this revision will result in a loss of revenue and the capital improvement program
has numerous projects to utilize the funds for park and trail improvements. Adams read
the current and recommended language revision and explained the policy and credit
given for an existing lot of record. He stated there will be a technical revision to Subd. 1
of the draft ordinance. It should be 10% of land dedication and in Subd. 2 the word
"equivalent" should be removed since there is no longer a statutory requirement.
Adams displayed a chart comparing the park fees charged by other cities.
Adams stated if there is an open property of 10 buildable acres that has 1 acre of a
highly valuable natural resource that the City wants to protect, that 1 acre could be
deducted and the rest of the park dedication quantified on the remaining 9 acres. Staff
will be working on language for resolutions or development agreements to assure the 1
acre area would be protected and allow some credit up front. Smith noted this option
would also provide an incentive to not develop it.
Batty noted the language "punts" a little bit because it says "in a manner approved by
the City" and there may be a number of ways to do that. He stated the City will need to
develop a list of ways it would be "acceptable" to the City. Batty explained that with an
easement, the City gets more stringent protection and it would be like the property is
dedicated so the property owner should get full credit as a dedication. It was noted that
Staff will refine the language to assure the City actually receives the documentation.
Crosby stated this is ultimately a Planning Commission issue with consultation from the
Park Commission. Adams stated the matter will go before both Commissions but,
technically, the Park Commission has been the recommending body on park and open
space issues. Crosby raised the issue of timing when a development is under
consideration. Adams stated review of development considerations regarding park
dedication is generally done by both Commissions within one week.
The Council discussed the impact of an 8% park dedication fee to revenue. Smith
stated even at 10% there would still not be enough money to do everything in the parks,
and that park dedication fees will not be sufficient funding. Crosby stated that given the
Medina City Council Meeting Minutes
February 3, 2010
37
connection fees in Medina, he is comfortable with being in the mid -range for park
dedication and support 8%. Smith and Weir concurred.
Crosby referenced Page 2, and suggested adding "d) or other project of a capital
nature." Batty advised that statutory language is contained in a) and b) and c). Crosby
stated if it is statutory language he would withdraw his suggestion.
Smith stated the Park Commission also discussed the high cost to maintain and
sealcoat trails and, at some point, Medina may need to talk to the League of Minnesota
Cities or Association of Cities to support legislation and financial flexibility to maintain
City parks. Crosby stated the ordinance language includes the improvement of parks"
and noted that Wayzata removed and rebuilt a park building, probably using park
dedication fees. Batty clarified that capital replacement can use park dedication fees
but not on -going maintenance.
Moved by Weir, seconded by Smith, to adopt the Ordinance amending Section 820.31
of the Code of Ordinances regarding park dedication and open spaces. Motion passed
unanimously.
1. Resolution Authorizing Publication of Ordinance by Title and
Summary
Moved by Weir, seconded by Smith, to approve a resolution authorizing the publication
of the Ordinance by title and summary. Motion passed unanimously
VIII. CITY ADMINISTRATOR REPORT
None.
IX. MAYOR & CITY COUNCIL REPORTS
Crosby reviewed the topics he had discussed with Adams during their meeting.
Weir stated she has talked to a volunteer coordinator at Gramercy about encouraging
Gramercy residents to volunteer in schools so they remain involved and supportive of
future financial operations of the school.
Smith reported that staff from the MPCA will give a presentation at the upcoming
Northwest League meeting on the State's program for green cities and best
management practices. She stated the MPCA may be offering assistance in recognition
of cities that have green practices.
Crosby noted that Weir has been working on the Lake Sarah TMDL and South Crow
River News has included a lot of articles on that issue. Weir agreed they did a nice job
on the news article and stated she will meet with Randy Lehr, Three Rivers Park District,
about a discrepancy in the figures before making a recommendation.
Crosby stated he had also discussed the City's investments with Adams because he
wanted to assure the City was within the FDIC regulations. Adams explained the City's
investment policy allows going up to $250,000, which is within FDIC. When a CD is
purchased, staff reviews investment options and interest rates from two different brokers
and picks the CD that meets the City's ladder schedule.
Medina City Council Meeting Minutes
February 3, 2010
38
X. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Smith, to approve the bills, approve the bills, EFT 000654-
000665 for $28,661.35 and order check numbers 035062-035103 for $101,303.61, and
payroll EFT 502545-502569 for $42,066.83. Motion passed unanimously.
Xl. ADJOURN
Moved by Weir, seconded by Siitari, to adjourn the meeting at 8:47 p.m. Motion
passed unanimously. _
T.M. Crosby, Jr., Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
February 3, 2010
39
ORDER CHECKS January 15.2010 -January 28.2010
035062 EXXONMOBIL $231.68
035063 PITNEY BOWES POSTAGE BY $1,000.00
035064 PITNEY BOWES(RENTAL) $112.17
035065 UCARE $260.00
035066 OFFICE OF CHILD SUPPORT $240.00
035067 CITY OF SHOREWOOD $45.00
035068 ACCLAIM BENEFITS LLC $119.70
035069 AFLAC $149.46
035070 BATTERIES PLUS $77.23
035071 CARLSON BUILDING SERVICES $691.48
035072 CLASSIC CLEANING $286.42
035073 GOPHER SIGN COMPANY $551.10
035074 HARMON AUTOGLASS $200.20
035075 HAWKINS INC. $831.34
035076 HEALTHPARTNERS $28,392.56
035077 HENNEPIN COUNTY $107.36
035078 HONEST AUTO LLC $652.74
035079 KELLY'S WRECKER SERVICE $101.53
035080 CITY OF LONG LAKE $5,789.00
035081 MN CHIEF'S OF POLICE ASSN $380.00
035082 MN GOVERNMENT FINANCE $60.00
035083 MOTHERS MOTORS/LORETTO $40.00
035084 NORTH AMERICAN SALT CO $4,636.24
035085 NORTHERN SAFETY $202.85
035086 OFFICE DEPOT $90.84
035087 ON SITE SANITATION $42.75
035088 QWEST $413.84
035089 RANDY MAYER LTD $159.75
035090 ROLF ERICKSON $6,191.55
035091 RYAN COMPANIES $8,603.24
035092 SPRINT $988.87
035093 TIMESAVER OFFSITE $282.50
035094 VACKER INC $910.00
035095 WESTSIDE WHOLESALE TIRE $18.11
035096 WHCEA $2,729.88
035097 XEROX CORPORATION $38.59
035098 BONESTROO INC $18,677.13
035099 GOPHER SIGN COMPANY $831.11
035100 KENNEDY & GRAVEN $5,364.44
035101 METRO WEST INSPECTION $4,441.33
035102 MIDWEST ASPHALT $4,309.52
035103 MN DEPT OF LABOR/INDUSTRY $2,052.10
Total Order Checks $101,303.61
E-CHECKS January 15.2010 - January 28.2010
000654E PR PERA $10,204.78
000655E PR FED/FICA $10,001.83
000656E PR MN Deferred Comp $1,060.00
000657E PR STATE OF MINNESOTA $2,267.20
000658E CITY OF MEDINA $19.00
000659E FARMERS STATE BANK OF $20.00
000660E ACCLAIM BENEFITS LLC $2,236.39
000661E ACCLAIM BENEFITS LLC $779.48
000662E MINNESOTA, STATE OF $637.00
000663E FARMERS STATE BANK OF $25.00
000664E ACCLAIM BENEFITS LLC $1,375.67
000665E FARMERS STATE BANK OF $35.00
Total Order Checks $28,661.35
Medina City Council Meeting Minutes
February 3, 2010
40
PAYROLL DIRECT DEPOSIT January 15, 2010 — January 28, 2010
502545 ADAMS, CHAD M. $2,812.72
502546 BARNHART, ERIN $1,380.29
502547 BELLAND, EDGAR J $3,502.88
502548 BOECKER, KEVIN D $1,897.91
502549 CONVERSE, KEITH A. $1,289.62
502550 DAY, JEANNE M $1,973.60
502551 DINGMANN, IVAN W. $1,607.16
502552 DOMINO, CHARMANE $1,513.66
502553 FINKE, DUSTIN D $1,806.92
502554 GALLUP, JODI M. $1,365.01
502555 GREGORY, THOMAS $1,875.05
502556 HALL, DAVID M. $2,837.78
502557 JESSEN, JEREMIAH S. $1,451.29
502558 KLAERS GROTHE, ANNE M. $586.53
502559 LANE, LINDA $1,271.83
502560 LEUER, GREGORY J. $1,627.62
502561 MAROHNIC, NICHOLAS $526.02
502562 MCGILL, CHRISTOPHER R $1,768.39
502563 NELSON, JASON $2,063.74
502564 PETERSON-DUFRESNE, DEBRA $1,291.79
502565 PORTINEN, TERI $1,260.42
502566 REINKING, DEREK M $1,444.71
502567 SCHERER, STEVEN T. $1,901.00
502568 VIEAU, CECILIA M $1,086.60
502569 VINCK, JOHN J. $1,924.29
Total Payroll Direct $42,066.83
Medina City Council Meeting Minutes
February 3, 2010