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HomeMy Public PortalAbout06/17/08 CCM235 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 17, 2008 The City Council of Medina, Minnesota met in regular session on June 17, 2008 at 7:00 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Cavanaugh, Smith, and Weir. Members absent: Johnson. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland, Planning Director Tim Benetti, Public Works Superintendent Steve Scherer, Finance Director Jeanne Day, City Administrator Chad Adams and Recording Secretary Kimberly Stoll. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA It was requested to add item Resolution Recognizing Hunk Scherer as item to Administration. Moved by Smith, seconded by Weir, to accept the agenda, as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the June 3, 2008 Regular City Council Meeting Minutes It was noted on page 3, the eighth paragraph, it should state: "Adams stated that the data reflect the building permits that were received in 2007." It was noted on page 3, the ninth paragraph, it should state: "Crosby clarified that the average 2007 residential building permit kw not including the value of the land is $1 million." It was noted on page 5, the sixth paragraph, it should state: "Smith stated the mixed use along TH 55 may be a good place for some of the affordable housing..." It was noted on page 5, the ninth paragraph, it should state: "Smith stated...income population to get to work." It was noted on page 5, the fifteenth paragraph, it should state: "Smith stated...affordable housing, but it should be dispersed throughout a development." It was noted on page 6, the first paragraph, it should state: "Weir stated they-wefe pleased she agrees with the-10% affordable units within a project." It was noted on page 6, the second paragraph, it should state: "The Council directed staff to provide examples of other city affordable housing policies when the policy discussion is brought back to Council" Medina City Council Meeting Minutes June 17, 2008 236 It was noted on page 6, the seventh paragraph, it should state: "The Council directed the Police Chief to report back on our ability to enforce jake brake noise within our ordinance or to learn of how other cities enforce the noise issue." It was noted on page 7, the first paragraph, it should state: "Benetti stated the Nunn's operation is a non -conforming use, but have a ..." It was noted on page 11, the second paragraph, it should state: "Weir inquired about the roof runoff of the big barn..." It was noted on page 15, the eleventh paragraph, it should state: "Crosby stated...He stated that the issue may be if whether the City has authority if the Park District had build it something and the City..." It was noted on page 16, the first paragraph, it should state: "Weir stated...better to have the condition for build out state..." It was noted on page 16, the ninth paragraph, it should state: "Moved by Smith,...7:00 p.m. at City Hall, as requested..." It was noted on page 18, the fifth paragraph, it should state: "Moved by Weir, seconded by Smith, to grant require..." It was noted on page 18, the seventeenth paragraph, it should state: "Cavanaugh inquired... one proposed exit feF to serve 1,500 units and 600 people staff from the Erickson site plus the people from the church to the north will use a shared road to feed on toCR101." It was noted on page 19, the second paragraph, it should state: "Smith stated that there should be a road out to the east and not just along Medina's border to the west." It was noted on page 19, the fourth paragraph, it should state: "Crosby, Weir and Adams were directed to make final edits to the memo and distribute to Plymouth." Moved by Weir, seconded by Smith, to approve the June 3, 2008 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Approve Mail Meter Lease Agreement with Pitney Bowes B. Approve Independent Contractor's Agreement for Seal Coating Services with Pearson Brothers, Inc. C. Approve Independent Contractor's Agreement for Crack Sealing Services with Fahrner Asphalt Sealers, LLC D. Approve Independent Contractor's Agreement for Fountain Purchase and Installation Services with Spinner Service Company, Inc. E. Approve Temporary 3.2 On -Sale Liquor License to Church of St. Anne for August 23-24, 2008 Medina City Council Meeting Minutes June 17, 2008 237 F. Approve Temporary Raffle, Bingo, Pull -Tab Permit to Church of St. Anne for August 23-24, 2008 G. Resolution Amending Completion of Vacation of a Portion of Willow Drive H. Resolution Approving Lot Line Rearrangement for Property Located at 2605 Hamel Road and 2905 Willowood Farm Road I. Resolution Granting an Amended Conditional Use Permit for Three Rivers Park District at Baker Park Campground Located at 2309 County Road 19 Moved by Smith, seconded by Weir, to approve the consent agenda. Motion passed unanimously. VI. PRESENTATION A. Abdo, Eick & Meyers, LLP- 2007 Audited Financial Statements Steve McDonald, representative for Abdo, Eick and Meyers, reviewed the management letter and annual financial reports for 2007. He stated that their job is to give an opinion on the financial statements and state that they are materially correct. He stated that they were able to meet these objectives. He stated the audit for 2007 contained several audit standard changes from the prior year. He stated that this impacts the language of the report and they spent a considerable amount of time planning for these changes. He stated that there is primarily one person in charge of the internal control for the City with the City Administrator reviewing some of the finances. He stated that there could be effective changes made to the monitoring process by the Council. Crosby stated that the claims could be moved to the beginning of the Council agenda on an unannounced basis to allow for discussion. Weir stated it was a good idea and the City should try it. Crosby inquired if there is a mandatory vacation policy. Adams stated that there isn't. Crosby inquired if it is something that should be instituted. Adams stated that it hasn't been discussed internally and it would be challenging to have all of the finance staff gone for a week. McDonald stated that it is recommended that all finance employees take 1 week of vacation per year and it only needs to be 1 position at a time. He stated that it is difficult for small entities. Crosby inquired if 1 week is enough time. McDonald stated that it can be impractical to have the employees be gone for more than a week and typically 1 week is enough to find the issues such as fraud. Weir clarified that fraud wasn't a situation found in Medina. Crosby stated that the mandatory vacation would be for each person who has the ability to sign checks for the City, which would be Day and Adams. Day stated that the difficulty would be to have someone backfill the position entirely. She provided an example of when Adams was gone for a week and not all of the duties Medina City Council Meeting Minutes June 17, 2008 238 were done by the other Staff. She stated that cross -training the other employees is important to make the mandatory vacation policy effective. Smith stated that cross -training is a good idea regardless of the mandatory vacation policy. Adams stated that another difficulty is for new employees who only have 2 weeks of vacation. Crosby stated that Adams should consider this further and come back to the Council with a proposal for the mandatory vacation policy. Weir inquired if Cavanaugh, a CPA, would be able to look into the accounting and to look at the reports provided to the Council. McDonald stated that the report given to the Council each quarter is a good report. He stated the percent of the fund balance to budget is 38.3%, which is sufficient to meet the needs for the City for the first 6 months of the year. Crosby stated that the percentage is low compared to the historical numbers. McDonald stated the fund balance in the general fund decreased by $79,575. He stated this may have to do with the change in accounting for the developer's funds. He stated that isolating the funds allows the City to see the general fund for what is actually in it. He stated the largest fund for the nonmajor special revenue funds is the park dedication fund. He stated the debt service fund has about $1.8 million in bonds. He stated that the sewer capital improvement fund is the largest fund in the capital project funds. He stated that there are 4 deficits that will be eliminated in the next few years. McDonald stated the bonds for the water fund operations increased from about $4.4 million to $8.6 million largely due to the unspent bonds. Crosby inquired about the reason the City isn't breaking even for the water fund. Day stated that a lower amount was budgeted to lower the fund balance without raising the rates significantly. She stated that a water rate has been completed and sewer analysis is being done. McDonald stated that the rate analysis for the enterprise funds follows the best practices. He stated there is positive cash flow in the sewer fund. He stated that the management letter makes a recommendation for the accounting Metro SAC. He stated that they have compiled data from a variety of metro cities to provide peer group statistics. Crosby inquired about the size of cities that were included. McDonald stated that the largest city is St. Louis Park with about 45,000 people. He stated that the very large and very small cities would be removed to avoid skewing the data. Crosby suggested including a footnote with the names of the cities for next year's report. McDonald stated that they would be able to do that. He described the City's data relative to the peer group's data. He stated that the management letter includes a Medina City Council Meeting Minutes June 17, 2008 239 summary of the 2009 levy limits. He stated the City will need to address GASB 43 and GASB 45 in the 2009 audit, which requires the City to have a liability for post - employment benefits. He stated it has been having a big impact on school districts in larger cities. Weir stated that it was helpful to have the 2009 levy limits delineated. Moved by Weir, seconded by Cavanaugh, to accept the Abdo, Eick & Meyers 2007 financial statements and management letter. Motion passed unanimously. B. Police Chief Ed Belland- Fire Services Report Belland stated that the Council previously requested that he develop various fire options that coincide with the comprehensive plan for the City. He stated that he invited the four fire chiefs from Hamel, Loretto, Long Lake, and Maple Plain, to attend this meeting. He stated that some of the fire chiefs and command staff are in attendance at this meeting. He demonstrated the fire districts. He stated that he put together a set of questions to discuss with the various fire departments. He stated the priorities include customer service: provide quality fire protection to the citizens and property owners of the City; recruitment and retention of quality firefighters; maintain proper fire equipment to respond to the fire threat in Medina; and ensure effective and efficient operations of the departments. He stated that the strengths include dedicated personnel; good training; funding; equipment; location of stations; community relations; excellent emergency medical response and training; and working together. He stated that there are approximately 100 firefighters who could respond to a major incident within the City. He stated that the major weaknesses discussed with the fire chiefs is the daytime responders; facilities; recruitment/age; demographics; and lack of coordination between plan reviews. He stated that the threats include more unfunded mandates; political changes; city ownership; and failure of one or more departments. He stated that there are two fire stations where the firefighters have ownership of the stations. Crosby stated that they don't have ownership, but they have a voting power. Belland stated that the opportunities include working cooperatively with other departments; a new fire system; a fire district; facilities; duty crews; combining departments; and city ownership. Crosby inquired about how a fire district would work. Belland stated that there would be one administration for the four facilities. Crosby inquired if the district would only apply to Medina or all of the areas covered. Belland stated that it would cover all of the areas. Weir inquired about the duty crews. Belland stated that it is a group of part-time firefighters who would be available for any type of call and be the first truck to respond. He stated that this would address the issue of the daytime calls where there isn't as much coverage. He stated that 2 to 3 people could respond to some of the calls. Crosby inquired if the duty crew would be paid an hourly rate. Belland stated that they would. Medina City Council Meeting Minutes June 17, 2008 240 Crosby inquired if they would be able to respond to more than one city. Belland stated that they would. He stated that the duty crew could include city employees, stay at home parents, and firefighters from neighboring agencies. Weir inquired if there would be one new building if they were combined. Belland stated that he thinks the facilities would remain where they are at, but it would be possible for a facility to be built centrally if another facility is needed. He stated that the SWOT findings found that there are about 120 firefighters that are able to respond, the present system is cost efficient, and the quality of service is excellent. He stated that there is ongoing recruitment for some of the fire departments. He stated that the City needs to plan for the future. He stated that one option is combining the Hamel and Loretto fire departments and continue with the long term contract with Long Lake and Maple Plain. Crosby stated that the reports from Hamel and Loretto indicated many similar issues. He stated that Belland's observations are consistent with the interviews. Belland stated that a second option would be to establish a fire district with one administration. He stated that the boundaries would be difficult to establish with this option. Crosby stated that he doesn't think this option would work for the City because of the size of the City. Belland stated that he agreed. He stated that a third option is to select one department to cover the entire City resulting in one contract and building a facility in a central location. He stated that it would result in three of the departments being put of business and fewer firefighters available to respond. He stated that other options include doing nothing; build centrally located in the City and establish a city department; establish a duty crew; and contract with Plymouth. He stated that he doesn't think Plymouth is interested in contracting with Medina. He stated that the City needs to plan for the future including the changing demographics. He thanked the fire chiefs for their assistance. Crosby thanked the fire departments for their work. He stated that he thinks Belland has included some good discussion points. He suggested forming a committee to continue working on the ideas. He stated that the Loretto and Hamel areas need to be discussed. Herb Koch, Loretto Fire Chief, stated that it is important to have a plan. He stated that they have been asking for help from other cities to plan for growth, buying equipment and building facilities. Crosby stated that the duty crew and equipment coordination make sense. He stated that the City is in the process of looking for a new public works location, which may be a good place to have a centrally located fire facility. James Van Eyll, Long Lake Fire Chief, stated that he agrees that there needs to be a plan and they will be beginning a strategic plan when an officer group is in place. Crosby inquired about who would be on the committee to discuss the various options. Medina City Council Meeting Minutes June 17, 2008 241 Cavanaugh stated that the smaller the committee the better. Smith suggested that Adams be involved. Adams stated that he or Day should be involved at some point due to the finances. Crosby inquired if Cavanaugh would be interested. Cavanaugh stated that he would be interested, but he is predisposed to Option 1. Crosby stated that Johnson would have experience since he was on the Met Council. Adams stated that Johnson is the public safety liaison. Belland stated that if Option 1 is considered, Corcoran would be a big part of that option. He inquired if the Police Chief of Corcoran should be invited. Smith stated that they hosted the first meeting to discuss the issues. Cavanaugh stated that he thinks they should primarily think of Medina's interest. He stated that he thinks the committee should be kept within Medina. Crosby stated that they should leave the committee as it is and other people could be added later. Moved by Smith, seconded by Weir, to accept Belland's report and appoint a task force (Cavanaugh, Johnson, Adams, Be!land, Hamel Fire Chief Brandon Guest and Loretto Fire Chief Herb Koch) to further work on the recommendations. Motion passed unanimously. Smith inquired about when a report would be brought back. Adams stated that a periodic report would be reasonable, the schedule could be decided within the committee or suggested by the end of the year. Cavanaugh stated that he thinks that within 2 to 3 months ideas could be brought to the Council. The Council agreed that a three month timeline was sufficient. VII. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Ann Thies stated that at the next meeting they will discuss the capital improvement plan and the trail study. She stated that they often hear requests for park signs. Medina City Council Meeting Minutes June 17, 2008 242 C. Planning Commission Vicki Reid stated that at the previous meeting they discussed a variance and CUP for Greenwood Stables, which was approved; a wind turbine at the Hennepin County Public Works Facility, which was tabled; allowing four-story buildings in Uptown Hamel, which was approved; consideration of stormwater runoff during construction, which was approved; and rural residential zoning districts standards, which was tabled. VIII. OLD BUSINESS A. Bill and Diane Nunn. 2825 Willow Drive- Conditional Use Permit to Construct an Addition to an Existing Accessory Structure Benetti stated that there are two resolutions before the Council for the CUP at 2825 Willow Drive. He stated that Staff was directed to work on a number of issues. He stated the exterior would have stone material along the bottom. Weir inquired about the height of the rock. Bill Nunn stated that the previous plan stated that it was about 3 or 4 feet. Smith inquired if the drawing is an acceptable drawing for Staff. Benetti stated that they requested a professional drawing. Crosby stated that if the drawing was drawn to scale, then the scale should be noted. Benetti stated that the applicant has planted coniferous trees along the eastern side of the building. He demonstrated a drawing of the existing trees. He stated the City requested additional species of trees. He stated the City requested to add 6 to 8 deciduous trees. He stated the Council discussed the manure removal. He stated the Planning Commission recommended the removal occur every 3 months. Smith inquired about the length of the road restrictions. Scherer stated that they are approximately 6 weeks long. Benetti stated that Staff recommends approval of the amended CUP. He stated the changes that were made to the conditions including changing the deadline from October 31, 2008 to November 30, 2008 which is the end of the construction season; a silt fence be installed to contain the current manure; additional plantings of trees; the right to enter the site to inspect; and a financial guarantee or authorization for Staff to contract out the work of removing the manure if it is not done according to the conditions. He stated that he has contacted Betsy Gilkerson-Wieland from the U of M Extension Service and they are willing to work with the Nunn's on the drainage plans and mitigation. He stated that their Staff won't be able to do the work until the first or second week in July. He stated that the Minnehaha Watershed District will accept the plans or recommend changes as part of their permitting process. Smith stated that she thought the Council agreed that the cement structure would be superior. Adams stated that he thought the use of the cement structure was changed at the end of the discussion. Medina City Council Meeting Minutes June 17, 2008 243 Smith stated that she thinks it should be a cement structure. She stated that she has reviewed the Medina Horse Association Manual and read the definition for the manure management. She stated that the Manual recommends moving the manure stockpile site every year. She stated that she isn't willing to accept that it not be a cement structure because the use on the site is very intense and wouldn't be approved today. Weir stated that the applicant had previously stated that he was willing to have a cement pad. Crosby inquired if Nunn would be willing to have a cement system. Nunn stated that a concrete containment system would be the best for his farm. He stated that there is a difference between a concrete and cement system. He stated that Alpine Farms has a clay system and each farm should be looked at individually. Crosby stated that Alpine Farms has a composting concept. He inquired if the Council would accept the changes in the conditions if there was a concrete system. The Council agreed that the conditions should reflect a concrete system. Crosby inquired if the plan submitted by the applicant was approved by the City. Benetti stated that the plan was the plan offered by the applicant. He stated that it doesn't provide for the additional landscaping and he doesn't think that it meets the request by Johnson. He stated he thinks that prior to any work being done or permits an official landscaping plan needs to be submitted. Crosby inquired about the landscaping. Benetti stated that the Planning Commission requested additional landscaping to soften the view from the road. Crosby inquired if Staff would be able to approve the landscaping. The Council agreed that Staff would be able to approve it. Benetti inquired if there are a specific number of trees to be planted. Weir stated that Staff can determine the number of trees that will soften the view. Crosby inquired if Nunn would accept the conditions. Nunn stated that he would. Smith stated that she likes not allowing utilizing of the addition until all of the conditions are met. Moved by Weir, seconded by Cavanaugh, to approve the Conditional Use Permit to construct an addition to the existing accessory structure at 2825 Willow Drive, as amended. Crosby inquired about the difference between cement and concrete. Benetti stated that cement is an ingredient in concrete. Motion passed unanimously. Smith requested a calendar for inspections for CUPs. Adams stated that there will be a policy and update about inspections at the next meeting. Medina City Council Meeting Minutes June 17, 2008 244 IX. NEW BUSINESS A. Ordinance Regarding Storm Water Illicit Discharge and Illicit Connections to Storm Sewer Jesse Carlson, Bonestroo representative, stated the Illicit Discharge Detection and Elimination Ordinance is required by the MPCA MS4 permit. He stated that illicit discharge includes any discharge to a municipal storm sewer that is not entirely composed of storm water except discharge pursuant to MS4. He stated the ordinance needs to contain provisions for illegal disposal and dumping of substances and materials; connections to the storm sewer system; discharge prevention; industrial activity; notification of spills; access to buildings for inspections; suspension of storm sewer system access and enforcement; and penalties. Carlson stated that most of the illicit discharge is from floor drains. Crosby inquired about the types of floor drains. Carlson stated that floor drains include garage drains. Crosby inquired about who would do the plumbing for the garage floor drains to go to sewers. Carlson stated that there are locations where it can occur because it isn't excluded in the ordinance. Crosby inquired about the second largest discharge. Carlson stated that sinks are the second largest. He stated that they can be discharged elsewhere on the property. Weir inquired about Subdivision 12A and if the City wants to allow homeowners to retain a private inspector or if the City should appoint someone. Batty stated that it needs to be an inspector that is satisfactory to the City. He stated that there are recent court cases where the searches need to be done through a warrant. He stated that the City wouldn't have to accept a report from an unqualified inspector. Moved by Weir, seconded by Cavanaugh, to approve the ordinance regarding storm water illicit discharge and illicit connections to the storm sewer, as presented. Motion passed unanimously. 1. Resolution Authorizing Publication by Title and Summary Moved by Smith, seconded by Weir, to approve the resolution authorizing publication by Title and Summary, as requested. Motion passed unanimously. B. Ordinance Amending Section 828.29 Regarding Construction of Site Storm Water Runoff Control- Public Hearing Carlson stated that the reason the ordinance needs to be amended is to account for issues raised by the MPCA. He stated that there has been concern from Staff about enforcing the ordinance. He stated that the MPCA MS4 permit requires that the City establish a program to reduce pollutants in the storm water runoff from construction activities. He stated that the ordinance must include erosion and sediment control best management practices. He stated the changes to the ordinance include changes to the final stabilization; applicability; requirements to include erosion and sediment control instead of erosion or sediment control; stabilization requirements; special and impaired Medina City Council Meeting Minutes June 17, 2008 245 water requirements; site restoration; inspection and maintenance; and enforcement to include misdemeanors and ability for the City to complete the work. Weir inquired if there are situations where grading the soils in a perpendicular fashion is not possible due to the grade. Carlson stated that there may be some situations where it is unsafe to grade it perpendicular. Weir inquired about having 6 inches of compost and stated that it should be mixed with the soil. Smith stated that the presentation from Northwest League stated that there should be 2 to 3 inches. Scherer stated that it should be mixed with top soil. Weir stated that the language could state that the top soil be mixed with the compost. Carlson stated that compost can be used to stabilize materials. Smith stated that compost was more valuable at absorbing runoff. Carlson stated that top soil is scraped off the soil and then redistributed and compost is usually brought in. Scherer inquired if .it should state that the City encourages the use of compost. Smith stated it should be required for new housing developments. Scherer stated that he is unsure of the availability of compost. Adams stated that the compost issue may be better suited in a broader ordinance rather than this one. Smith stated that this ordinance isn't very progressive. Weir requested that Staff determine the amount of compost and top soil. Carlson inquired if the compost should be used everywhere or in housing developments. Smith stated that she thinks the compost should be used everywhere. Crosby suggested that it be left up to Staff. Kellogg stated that it could be applied to maintained areas. The public hearing was opened at 9:32 p.m. Moved by Smith, seconded by Weir, to close the public hearing at 9:32 p.m. Motion passed unanimously. Medina City Council Meeting Minutes June 17, 2008 246 Moved by Weir, seconded by Smith, to approve the Ordinance Amending Section 828.29 regarding construction of site storm water runoff control with amendments for use of compost mixture in topsoil. Motion passed unanimously. 1. Resolution Authorizing Publication by Title and Summary Moved by. Weir, seconded by Smith, to approve the Resolution Authorizing Publication by Title and Summary, as amended. Motion passed unanimously. C. Approve Mediacom Service Quote Adams stated that he has not heard fromback from Mediacom on the Hamel Road construction project about utilizing the joint trench. He stated that Mediacom missed an opportunity and has demanded a $50,000 to $60,000 payment to replace their service in the joint trench. He stated that the City has refused to pay that amount and is not required to pay it. He stated that Staff would like to offer a payment of $10,000 to assist in the cost of using the joint trench and to move the project forward. He stated that Mediacom has not accepted it at this point. Crosby inquired if Mediacom has any options. Kellogg stated that he hasn't been able to get an answer to that question. Crosby stated that the City isn't required to compensate for relocation costs. Smith inquired about what would happen if the City doesn't provide any funds. Adams stated that Mediacom would relocate in the right of way elsewhere. He stated that they would like them to be in the joint trench. Cavanaugh stated that it would be expensive for them to dig another trench. Kellogg stated that they could ruin the work that has been done and the right of way would be more difficult to work in. He stated that the City has been working with them since the project began. He stated that the offer of $10,000 is reasonable. Adams stated that the City is offering the cost of materials, not labor. Moved by Weir, seconded by Smith, to accept the Mediacom service quote of $10, 645, as requested. Motion passed unanimously. D. Resolution Vacating a Portion of Drainage and Utility Easement for Willowood Farm and Fox Run Farm- Public Hearing The public hearing was opened at 8:39 p.m. Moved by Smith, seconded by Weir, to close the public hearing at 8:39 p.m. Motion passed unanimously. Moved by Smith, seconded by Weir, to approve the resolution vacating a portion of drainage of utility easement for Willowood Farm and Fox Run farm. Motion passed unanimously. E. Greenwood Stables, Sara Hogan, Variance and Conditional Use Permit for Horse Barn at 1985 Hamel Road Medina City Council Meeting Minutes June 17, 2008 247 Crosby disclosed that he is a partner at Faegre and Benson. He stated that his firm does some work for Pentair, the corporation Randall Hogan is associated with. He stated that he doesn't personally work on it and it is not a material item to him. He stated that he spoke with Batty and Batty is comfortable with disclosure. Batty stated that the corporation is a client of the firm, but the individuals are not. Randall Hogan stated that he is the chairman and CEO of the corporation. Benetti stated that the Hogans are requesting an 18,740 square foot private use barn and riding arena and demolition the existing structure. He stated that the accessory structure requires a variance because it is taller than the principal structure. He stated the property is zoned rural residential and the parcel is relatively flat. He demonstrated the proposed location. He stated that the fire marshal requested a 20 foot wide, 7 ton fire lane. He stated that the applicant proposed a manure containment pad on the west side of the structure. He stated that it is sized for 17 horses. Smith stated that with the animal unit requirements it would be impossible for them to have 17 horses. Hogan stated that the policy reads total acres. Weir stated that the policy is grazable acres. Hogan stated that it would be 16 horses. He stated that he would be willing to build a smaller concrete system. Crosby inquired if it would be changed to 16 horses. Smith stated that the wetlands are ungrazable areas as well. Benetti stated that the amount of horses will be recalculated. Crosby stated that he doesn't see very many wetlands. Hogan stated that they have completed a wetland delineation and have submitted it to the City. Benetti described the building materials of the structure. He stated that the applicant proposed a 3.5 to 12 inch pitch to minimize the height variance, but the Planning Commission requested a 4 to 12 inch, pitch, which will increase the variance allotment. He demonstrated the site plan with the proposed accessory structure. Weir inquired if the drawing is with the 3.5 pitch. Hogan stated that it is the 4 to12 pitch. Benetti stated that Staff recommends approval of the CUP if the City grants the height variance. Crosby inquired about the height of the structure compared to the house. Benetti stated that the way to measure the height of houses and accessory structures are different. Medina City Council Meeting Minutes June 17, 2008 248 Crosby inquired if the language in the ordinance is clear about the height. Benetti stated that the standards in the ordinance need to be considered because it discriminates against the people who own single story houses. Smith inquired if there is an overalt height limit in the ordinance. Benetti stated that is what will be discussed. Hogan stated that they appreciate the 4 to 12 pitch. Weir stated that it is safer for snow situations to have a steeper slope. Crosby stated that a roof in the City has collapsed because of snow. Smith inquired if there was a landscaping plan. Hogan stated that on the original plan there was a complete listing of plants, but because the building has been moved the landscape plan has not been completed. He stated that they intend to have a pasture where the old barn is located and they will try to save 3 of the old trees. He stated that they are considering having a pond. Weir requested that Staff work with the applicant on the landscape plan. Crosby stated that it is good to see that the building is moved. Cavanaugh stated that the Bhaysars will be building a rain garden to capture the runoff. He inquired if it is part of this plan. Benetti stated that the Hogans are willing to have a rain garden. Hogan stated that there is a drain tile rock system that will be reused if possible. He stated that there is a pond he would like to move to capture the runoff from one side of the barn. He stated that he would like to put in an eco-pond, which is an advanced septic system. Smith stated that there needs to be clarification about the number of horses and it should be stated in the conditions. Moved by Cavanaugh, seconded• by Weir, to direct Staff to prepare a resolution for approval of the variance and conditional use permit for the horse barn at 1985 Hamel Road, as amended. Hogan requested approval so that they can begin construction. Crosby stated that there are permits the applicants could get in order to begin work. Smith stated that there are companies that will take the recycled wood from the old barn. Hogan stated that they are recycling the building. Motion passed unanimously. Medina City Council Meeting Minutes June 17, 2008 249 F. Resolution Recognizing and Councilmember Wilfred (Hunk) Scherer Crosby read the resolution recognizing and honoring former city council member Wilfred (Hunk) Scherer for Family heritage and public service to the City of Medina Moved by Weir, seconded by Smith, to approve the resolution recognizing and honoring former city council member Wilfred (Hunk) Scherer for family heritage and public service to the City of Medina. Motion passed unanimously. Scherer thanked the Council for the resolution in memory of his father. X. CITY ADMINISTRATOR REPORT A. Annual Report Adams stated that Staff has been working on the annual report and hope to have information for the Council at the first meeting in July. B. Logo Design Committee and Process Adams stated that there will be a recommendation for appointing the committee members at the July 1, 2008 meeting. Smith requested recommendations for a Medina resident and a local business owner. C. Hamel Community Building — Policy Adams stated that there are changes for a non-profit to request the use of the building. He stated that they would like to have an appeal process for groups if they are not comfortable with Staffs recommendation. He stated that the existing policy has the non -profits request approval from the Council, which is causing some non -profits to choose not to even try to reserve the building. Smith inquired if there will be a set of criteria used to determine if the non-profit will have it rent free. Crosby inquired if there could be a reduced rate for non -profits instead of rent free. Weir stated that she likes the idea of a reduced rate. Smith stated that all 12 step groups are supposed to pay rent. She stated that there needs to be criteria for a reduced rate or free. Adams stated that he isn't sure that Staff wants to make the determination of a reduced rate. He stated that non-profit groups are generally going to educate the public. Crosby stated that there are groups that are non -profits with quasi -political purposes. Smith stated that there should be a reduced rate schedule that is clear. Crosby stated that if the definition for public purpose is met, then it could be used for free. Adams stated that it is limited to once per month. Medina City Council Meeting Minutes June 17, 2008 250 Cavanaugh stated that it should be limited to non-primetime rentals. Adams stated that there is discretion to decide if the event would be allowed. Moved by Smith, seconded by Weir, to approve the Hamel Community Building Operating Policy, as amended with the reduced rate and appeal process. Motion passed unanimously. D. Stop Signs Adams stated that there have been some requests for stop signs. He stated that none of the stop signs have been approved and the residents can choose to come before the Council to appeal the administrative decisions. He inquired if there should be a fee to appeal. Crosby inquired if the issue should go through the Police Department first and then come to the Council with a recommendation. Smith stated that part of the issue was that there were 2 signs placed on Holy Name Road. Adams stated that for Hamel it wasn't recommended to have a stop sign, but the residents could bring it to the Council. Smith inquired about the reason it isn't recommended. Adams stated that the City's transportation analysis doesn't demonstrate an issue with a speed control, safety, sight distances or heavy traffic today. Smith inquired about locations for the requests. Adams stated that there have been requests for the intersection of Hamel Road and Hunter and the intersection of Brockton and Hamel Road. Weir stated that things will change with the development in Uptown Hamel and it is too early to determine the need in that area. Adams inquired if these requests should be brought directly to the Council. Crosby stated that it should be handled administratively and then the residents can bring it to the Council. Adams stated that there is a general administrative appeal fee of $250 and questioned if it should be applied here. Weir inquired if they should require a petition process. Crosby stated that they shouldn't. Smith stated that there should be criteria that is approved by the Council. Adams stated that he thinks Staff has explained to the people who made the requests the reasons the stop signs weren't approved. Medina City Council Meeting Minutes June 17, 2008 251 Weir inquired if Adams could develop a procedure. Adams stated that he could. F. PUD for Hennepin County Wind Tower Adams stated that there was a suggestion by the Planning Commission to notify the entire City of the proposed Wind Tower. He stated that the current ordinance requires a notification to 300 feet and Staff thinks they could send notice up to 1 mile away. He stated that they have requested that Hennepin County pay for a city wide mailing or an extension so that the notice could be in the City newsletter instead. He stated that the County hasn't made a decision. Weir stated that the notice doesn't need to be city wide, but it should be to everyone in view of it. Smith inquired about the height of the current tower. Benetti stated that the existing tower is about 420 feet and the wind tower would be about 369 feet. He stated the wind tower would be more dense. Smith stated there is one,in Minneapolis and St. Paul. She stated that they need to begin to conserve energy. Crosby stated that he would notify up to 1 mile. Adams stated that they will give Hennepin County the option to pay for a 1 mile mailing of the notice or wait to allow for a notification in the newsletter. Crosby stated that they are requesting 4 or 5 years to build the tower. Adams stated that they are requesting 2 years to build it. He stated that the 1 mile radius would be for 1 mile in the City of Medina. Weir inquired if it would be possible to have a smaller tower. Crosby stated that they are trying to figure out two heights, but it is related to the size of the generator not the tower. Benetti stated that the County is determining the size of the generator. Weir inquired if the two possible wind towers would be the same height. Benetti stated they would be. G. Well No. 7 Adams stated that the well is pumping at a higher rate than expected. He stated that they are considering a change order to upsize the motor so it can be utilized at full capacity. Crosby inquired if the change order would mean exchanging the existing motor or buying a different one. Scherer stated that it would change the motor that was proposed and there hasn't been one purchased at this point. H. Met Council Meeting Medina City Council Meeting Minutes June 17, 2008 252 Adams stated that he is meeting with some cities and the Met Council to discuss density in the rural residential areas. Weir stated that she thinks the Met Council is concerned about the potential density in the rural residential areas and how it might effect their future plans to bring sewer to the district. Adams stated that the City has received some preliminary comments from the Met Council about the comprehensive plan. Cavanaugh requested the response be emailed. Adams stated that a Staff report would probably be included. Xl. MAYOR & CITY COUNCIL REPORTS Weir stated that she went to the TMDL meeting and Medina is responsible for about 18% of phosphate loading in Lake Sarah. She stated that excess phosphate is coming from rural crops. She stated that it would be good to receive grant money for farmers to test their soil. She stated that fertilizer companies recommend liberal use, but the fertilizer is saturating the soil. She stated that if no further fertilizers are added, it takes a long time for the crops to grow out the phosphate. Smith inquired if the storm water fees could be used. Crosby stated that he is surprised that the farmers wouldn't be initiating the testing. Scherer stated that most of the farmers in the City do test the soils. Crosby inquired about the expense of testing the soil. Weir stated that through the U of M it is $7.50 an acre for the testing. Crosby inquired about how the testing is done. Scherer stated that they test several acres because the spreading can be different throughout the fields. Crosby stated that if a. farmer is already doing it as part of good farming practices, he wouldn't want to take over the expense of it. Weir stated that it would be interesting to find out who the farmers are in the Lake Sarah Watershed District and if they know their phosphate levels. Smith stated that if the farmers are receiving reports, the farmers could share the data. She stated that there is an upcoming Northwest League meeting. She stated that she thinks the logo design contest will be good. Weir inquired if the contestants need to be a Medina citizen. Smith stated that they do not. Crosby stated that the social event will be at his house on July 10 from 5 to 8 p.m. He inquired if summer hours have been considered for City Hall. Adams stated that they discussed it two years ago and Council decided against. Medina City Council Meeting Minutes June 17, 2008 253 Smith stated that they should consider allowing flexible work hours to eliminate driving. Crosby stated that there should be appropriate Staff at City Hall during the office hours for unscheduled visits. Adams stated that there would be, but the Staff could have different schedules. Crosby stated that he was approached about the City providing information on the constitutional amendment regarding conservation issues, which may result in funding for the City. He stated that public funds can't be spent to advocate for the adoption or rejection of amendments. Batty stated that any Council member can state their position, but the City couldn't pay for any publications. Crosby stated that he isn't enthusiastic about using constitutional amendments as a way of setting tax policy. XII. APPROVAL TO PAY THE BILLS Moved by Smith, seconded by Weir, to approve the bills, order check numbers 032544- 032604 for $107, 686.74, e-check numbers 000249E-000256E for $29,936.30, payroll check numbers 020178-020183 for $2, 510.18, and payroll direct deposit 501302- 501334 for $41,250.28. Motion passed unanimously. XIII. ADJOURN Moved by Weir, seconded by Cavanaugh, to adjourn the meeting at 10:06 p.m. Motion passed unanimously. Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes June 17, 2008 ` T T.M. Crosby, Jr., Mayo 254 This Page Intentionally Left Blank Medina City Council Meeting Minutes June 17, 2008 255 ORDER CHECKS Mav 30, 2008 - June 12, 2008 032544 OFFICE OF CHILD SUPPORT $92.31 032545 ACCLAIM BENEFITS- $115.50 032546 ACCURINT $52.50 032547 ALLSTAR ELECTRIC $3,286.70 032548 ANNANDALE TACTICAL $450.00 032549 ASSURANT EMPLOYEE $537.80 032550 BUDGET PRINTING $245.26 032551 CENTERPOINT ENERGY $1,771.78 032552 CHUNKS AUTOMOTIVE $67.76 032553 CIPHER LABORATORIES INC $990.00 032554 COLLISION CORNER $992.89 032555 CULLIGAN $100.22 032556 DEEP ROCK WATER COMPANY $107.57 032557 ELAN FINANCIAL SERVICE $970.66 032558 ELECTRON HERDERS $3,480.4-8 032559 EMBEDDED SYSTEMS, INC $1,138.50 032560 FRONTIER $59.09 032561 GARY'S DIESEL SERVICE $802.00 032562 GOPHER STATE ONE CALL $534.30 032563 GRAFIX SHOPPE $317.37 032564 GREEN STUFF $1,360.04 032565 HACH COMPANY $151.82 032566 HAMEL BUILDING CENTER $424.33 032567 HAMEL FIRE DEPT. $33,208.95 032568 HAWKINS INC. $596.61 032569 HENN COOPERATIVE SEED $285.55 032570 HENN COUNTY INFO TECH $732.04 032571 HONEST AUTO $367.43 032572 HOSTINGMINNESOTA.COM $24.95 032573 KNIFE RIVER CORPORATION $837.73 032574 LAKE BUSINESS SUPPLY $106.60 032575 LANDFORM $310.50 032576 LANGUAGE LINE $59,88 032577 METRO AREA MGRS. $50.00 032578 METRO WEST INSPECTION $14,197.45 032579 METROPOLITAN COUNCIL $14,603.86 032580 METROPOLITAN COUNCIL $5,420.25 032581 MINUTEMAN PRESS $1,366.63 032582 MUNICIPAL CLERKS & $35.00 032583 NAPA AUTO PART $66.97 032584 NELSON ELECTRIC MOTOR $958.06 032585 OFFICE DEPOT $444.18 032586 QWEST $591.30 032587 SPRINT(CAROLSTREAM) $623.29 032588 STRETCHER'S $353.72 032589 SUN PRESS & NEWSPAPERS 34,44 032590 TALLEN & BAERTSCHI $4,190.53 032591 THREE RIVERS PARK $300.00 032592 TIME SAVER OFF SITE SEC. $343.13 032593 T-MOBILE $31.62 032594 TRI-K SERVICES $529.31 032595 TURNQUIST, ELIZABETH $1,500.00 032596 TWIN CITY OXYGEN $43.91 032597 TWIN CITY WATER CLINIC INC $130.00 032598 U.S. POSTAL $1,000.00 032599 VALVOLINE FLEET SERVICES $230.06 032600 VESSCO, INC $555.17 032601 WAN - WIDE AREA NETWORK $10.00 032602 XCEL ENERGY $5,119.13 032603 XEROX CORPORATION 127.58 032604 SULANDER, LAURA $352.03 Total Order Checks $107,686.74 Medina City Council Meeting Minutes June 17, 2008 256 E-CHECKS Mav 30.2008 — June 12. 2008 000249E DELTA DENTAL $2,559.42 000250E ACCLAIM BENEFITS- $450.35 000251E PR PERA $9,803.01 000252E PR FED/FICA $11,951.88 000253E PR MN Deferred Comp $925.00 000254E PR STATE OF MINNESOTA $2,457.39 000255E FARMERS STATE BANK OF $25.00 000256E ACCLAIM BENEFITS- $1.764.25 Total E-Checks $29,936.30 PAYROLL CHECKS May 30.2008 — June 12.2008 020178 VOID $0.00 020179 VOID $0.00 020180 VOID $0.00 020181 JOHNSON, DANIEL $230.87 020182 REINKING, DEREK M $1,241.02 020183 VIEAU, CECILIA M. $1.038.29 Total Payroll Checks $2,510.18 PAYROLL DIRECT DEPOSIT Mav 30.2008 - June 12.2008 501302 ADAMS, CHAD M. $2,566.85 501303 ANN, KIMBERLY $543.00 501304 BARNHART, ERIN $1,280.30 501305 BELLAND, EDGAR J. $2,451.13 501306 BENETTI, TIMOTHY $2,008.00 501307 BOECKER, KEVIN D $2,024.51 501308 CAVANAUGH, JOSEPH $230.87 501309 CONVERSE, KEITH A. $1,803.82 501310 CROSBY, THOMAS M. JR $327.07 501311 DAY, JEANNE M $1,895.95 501312 DINGMANN, IVAN W ' $1,776.53 501313 DOMINO, CHARMANE $1,243.86 501314 DRESSEL, ROBERT P. $1,221.19 501315 FINKE, DUSTIN D $1,383.32 501316 GREGORY, THOMAS $1,798.36 501317 HALL, DAVID M. $1,854.88 501318 JESSEN, JEREMIAH S $1,130.54 501319 KLAERS GROTHE, ANNE M. $559.54 501320 LANE, LINDA $1,206.96 501321 LEUER, GREGORY J. $1,696.39 501322 MAROHNIC, NICHOLAS $499.62 501323 MCGILL, CHRISTOPHER R. $1,698.35 501324 MCKINLEY, JOSHUA D $534.00 501325 NELSON, JASON $2,104.21 501326 PETERSON-DUFRESNE, $1,264.97 501327 PORTINEN, TERI $1,213.43 501328 SCHERER, STEVEN T. $1,808.31 501329 SMITH, CAROLYN A. $229.62 501330 VINCK, JOHN J. $1,491.02 501331 WEIR, ELIZABETH V $230.87 501332 WUNSCH, JODI M $1,170.81 501333 REINKING, DEREK M $1.00 501334 VIEAU, CECILIA M. $1.00 Total Payroll Direct Deposit $41,250.28 Medina City Council Meeting Minutes June 17, 2008