HomeMy Public PortalAbout07/05/06 CCM213
MEDINA CITY COUNCIL MEETING MINUTES OF JULY 5, 2006
The City Council of Medina, Minnesota met in regular session on July 5, 2006 at 7:01
p.m. in the City Hall Chambers. Mayor Workman presided.
I. ROLL CALL
Members present: Brinkman, Cavanaugh, Smith, Weir, and Workman.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed
BeHand. City Planner Rose Lorsung, City Planner Consultant Sarah Schield. City
Administrator Chad Adams, Public Works Superintendent Joe Paumen, and Recording
Secretary Lauren McKay.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
Workman changed the closed session from Item 10 to Item 12.
Adams added Item B to Consent Agenda regarding the resignation acceptance of Janet Olson.
Adams added Item 9C regarding the job search for Planning and Public Works Assistant.
Moved by Weir, seconded by Cavanaugh, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the June 20, 2006 Regular City Council Meeting Minutes
It was noted on page 8, the top paragraph there should be a change to the last
sentence to read, "Weir stated that it was her intent to prevent pre-emptive cutting, and
as written, subdivision 5 invites pre-emptive cutting."
Councilmember Weir stated she counted 22 grammatical errors and pointed out clerical
errors. She stated she would like the minutes to be more grammatically correct. Adams
was requested to make grammatical changes at his discretion.
Moved by Smith, seconded by Weir, to approve the June 20, 2006 regular City Council
meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Approve Consent to Perpetual Conservation Easement for Wetland
Bank
B. Resolution Accepting Resignation of Janet Olson
Medina City Council Fleeting Minutes
July 5, 2006
214
Moved Smith, seconded by Cavanaugh, 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
Adams stated July Park Commission will include Capital Improvement plan and general
budget overview. He stated they are pretty up-to-date regarding everything else.
C. Planning Commission
Lorsung outlined issues for the next Council and Planning Commission meetings that
were also referenced in her packet report.
Smith commented she appreciated the outline of all ordinances needing review.
VII. OLD BUSINESS
A. Ordinance Related to Tree Preservation and Replacement
Lorsung reviewed the changes Staff made to the tree ordinance since the June 20th
meeting-
1. Definition for principle structure added
2. Pre-emptive cutting clause added
3. Language regarding private driveways was added in the exemptions
section
4. Modified allowed disturbance section
5. Building footprint illustration was added
Lorsung explained the illustration to the Council and noted the changes as requested by
the Council. She stated Staff is not comfortable with the ordinance and would like some
time for additional modifications. She stated the ordinance does not necessarily stop
clear -cutting.
Weir stated she would not vote for the ordinance because it invites unwanted behavior
with very little consequence. She stated she would rather have applicants work with
Staff with the current ordinance. She stated she does not like that it applies post -
subdivision and she does not believe it does anything to preserve trees.
Smith suggested deleting Subdivision 5. Workman asked about the impact of removing
Subdivision 5 and stated the ordinance still allows pre-emptive cutting. Weir responded
she believes the Subdivision invites the idea of pre-emptive cutting.
Workman stated the ordinance will raise awareness of significant trees.
Medina City Council Meeting Minutes
July 5, 2006
215
Smith asked if private roads should be exempt. She said the ordinance addresses
property after subdivision and the private roads would be installed pre -subdivision. She
stated her belief that a private road into a subdivision should not be granted immediate
amnesty under the ordinance, but that a person's driveway should.
Smith stated her inclination to remove the private road language. Weir explained the
difference between a private road and private drive. Smith added further that private
drives come off of private roads and that roads are in a different category than drives.
Brinkman stated private roads should be discussed with the City before they are
installed.
Smith stated she believes language regarding undeveloped land should be added. She
suggested language reading "no more than 1 acre of trees may be removed from
undeveloped land without a tree survey and preservation plan." She stated it would
provide another protection against clear cutting since property owners would have to
perform a tree survey and have an approved plan.
Smith stated such language does not disallow residents cutting down trees on their
property and property owners would be one step ahead when they are ready to develop
because significant trees would be identified.
Workman stated his belief that property owners should be able to do what they want
with their private property. Smith pointed out many instances in which the City restricts
what can be done with a property.
Batty stated there is nothing illegal with such language and that it is a policy question for
the Council. He stated the currently proposed ordinance is triggered when a parcel of
land has been subdivided and that Smith's suggested language would extend to pre -
subdivision.
Brinkman expressed his support for the added language, even if the City has to
participate financially.
Smith stated she believes the language is an option that will help with the clear -cutting
issue raised by Lorsung. She explained it is the City's responsibility to conserve its old -
growth forest and adding the "undeveloped land" clause would be helpful. She stated
the clause will send a message that trees are a valuable natural resource and
encourages citizens to think before clear -cutting.
Brinkman noted that some cities have an on -staff or consulting forester. He suggested
Lorsung look into such an idea to help make sense of the tree ordinance.
Workman stated his concern is there will be quite a bit of additional language added to
the ordinance. Smith suggested taking language from Subdivision 7, which says, "no
more than 1 acre of `significant trees' may be removed from undeveloped land without a
survey and approved tree preservation plan."
Medina City Council Meeting Minutes
July 5, 2006
216
Brinkman and Weir asked for clarification about how the acre is measured. Lorsung
explained a polygon could be drawn around the significant trees. Smith further
explained that she believes one acre of land can be cleared.
Cavanaugh asked for clarification about undeveloped land and asked how the acre is
measured. He stated he does not believe there should be an added expense to
property owners.
Brinkman stated many Cities do not even allow an acre of significant trees to be cleared
and many require tree preservation plans.
Workman asked if the language pertains to agricultural land. Smith replied she does
not believe there is any agricultural land in Medina. Workman stated he believes
agricultural land has certain statutes. Weir said the statutes would be state regulated.
Batty stated there would be many requirements and he would do some research.
Cavanaugh stated he believes the ordinance language discussed at the last meeting
was very fair. He said he supports an ordinance that does burden residents with
additional restrictions or costs. He expressed his continued support for the private road
exemption.
Brinkman said he believes the private road exemption would be very harmful and the
proposed clause would be better for preservation.
Workman stated he is okay with the ordinance as is. He said the language suggested
by Smith could be added to the open -space ordinance. Smith replied that the problem
with the open space ordinance is that it is a year or two out and not all developers will
presently be conscious of the trees.
Smith suggested adding maps of woodlands that would be protected.
Workman stated if a property owner knows ahead of time about significant trees on their
property by means of a map, he is okay with the added language.
Smith asked if it is possible to add the clause and map. Lorsung replied that it is
possible and asked what parameters Smith would like applied to the map. Smith
suggested the conceptual greenway map and that it would be easy to tell what areas are
special and significant.
Brinkman noted the ordinance is not being changed regarding home sites and that the
added language will address the issue of main roads being clear-cut.
Cavanaugh stated his belief that landowners will be upset when they want to build and
encounter extra restrictions and costs. He stated one acre does not appear restrictive
when property owners are not seeking permits.
Cavanaugh asked if the issues up for debate in the ordinance are private roads and the
one -acre restriction on undeveloped land. Weir stated she is disinclined to allow private
roadways to be allowed without any replacement. She asked how the Council will
develop requirements for private roads in subdivisions.
Medina City Council Meeting Minutes
July 5, 2006
217
Smith suggested "removal of trees located within the public right of way or private road
of a subdivision that is to be zoned residential if there is no alternative."
Lorsung pointed out the best management practices in Subdivision 9. She stated those
could be requirements for tree preservation.
Cavanaugh clarified the parameters of the ordinance regarding house pad, septic,
driveway, and lawn. Lorsung clarified the language. Cavanaugh asked if the issue is
public vs. private roadways.
Smith stated the private road, not the public right-of-way was added. She stated if best
management practices were followed, it would make more sense than having the private
road language included. Brinkman stated the best management practices would
provide guidelines.
Lorsung explained how the best management practices could be used in a practical
situation. Smith added that it requires the City to follow the same best practices.
Weir asked if the Council could go ahead with changes. Adams said it would go back to
staff with corrections.
Cavanaugh asked the benefit of adding the best practices. Lorsung replied it saves
money, time, and preserves such things and is often a win -win situation.
Brinkman asked if mitigation should be stated. Smith said that it should.
Weir and Workman said the ordinance should go back to Staff for redrafting. Adams
agreed.
Smith said the best management practices are better for developments and it might
solve all problems.
Lorsung clarified that she is being asked to delete Subdivision 5, assuming language
about exemptions and best practices will be discussed under Subdivision 6, Item C.
She stated she will work with legal counsel on the language. She stated she is being
asked for a map of significant trees. She sated Item E will be added with the language
specified by Smith.
Lorsung asked if the City should come up with a definition for undeveloped land. Batty
agreed it is a significant issue. Lorsung stated the ordinance will not be triggered by a
land -use application or permit.
Weir asked how the issue of tree preservation will come to the City's attention if the
trigger is not an application. Lorsung suggested several options.
Batty stated it would be similar to other ordinances that protect wetlands.
Medina City Council Meeting Minutes
July 5, 2006
218
Workman discussed the maps and that he is not satisfied with the greenway map.
Lorsung stated the Greenway is not the best illustration. She stated there is a map that
outlines the City's big woods and other significant trees.
Brinkman stated he believes a stand of significant trees, not just individual trees, should
be included.
Workman stated his concern is over -regulation and asked Lorsung to work on the
ordinance.
The Council reached consensus to send the ordinance back to Staff for redrafting
language.
VIII. NEW BUSINESS
A. Selection of a Facilities Master Plan Consultant
Adams stated that the Citizen's advisory committee has made recommendation for
appointment and committee member Diane Jubert Rouillard is present to answer any
questions.
Ed Kodet, of Kodet Architectural Group, explained the background of his firm and noted
several large projects on which he has worked. He continued to outline his firm's fees.
He stated he believes that environment is very important in design. He added that a
LEED-certified design is important.
Kodet outlined the process his firm and the City would follow, which includes the
following steps:
1. Orientation
2. Listening
3. Brainstorm
4. Outline
5. Review
6. Summary
Kodet stated if the project goes ahead, it will ultimately result in design and construction.
He outlined the website for the proposal and that all information regarding the project
will be available online.
Kodet stated the City's property has three functions: City Hall, Public Safety, and Public
Works. which is now located on an 11-acre site. He stated staying on the present site
would present a challenge and it is very important to have adequate land as the City
grows.
Kodet said that the heritage and culture of Medina is important in planning of the City.
Kodet outlined issues with City Hall and the Public Works Building.
Medina City Council Meeting Minutes
July 5, 2006
219
Kodet went through the criteria the firm will address in terms of City Hall, Public Works,
and Public Safety. He presented the schedule and said it is very flexible. Kodet
summarized the firm's approach and how it will help the City make effective decisions.
Weir commented that the firm is very well qualified and asked why Staff recommended
extending the timeline until May. Adams explained that the City has other priorities that
take precedence, including the Comprehensive Plan, Open Space Planning, elections,
etc. He stated the committee requested the timeline be extended as well.
Smith added that she believes the LEED standards are critical and that she would like to
reach for gold or platinum level.
Cavanaugh asked if the City will also identify citizens' needs and desires. Kodet replied
that the committee is involved in the process. He stated that it involves a balance of
many factors also, such as public safety. Adams stated the committee is looking at
many issues.
Brinkman stated he would like to ensure the City acts responsibly and would like to
enjoy the existing sites before spending money on further projects.
Brinkman asked that the Council identify potential sites and purchase the land
immediately for future expansion. Workman stated there should be a facilities plan first,
which is the current issue being discussed.
Cavanaugh agreed with Brinkman that fiscally responsible management of the City
would entail planning for the future and, in the same vein. purchasing land.
Kodet suggested the City begin with the facilities plan, which will then help the City
determine how much land is needed. He suggested the City determine how far out they
want to plan. Workman stated the Comprehensive Plan plans 40 years out and
Brinkman and Cavanaugh agreed they would like to plan that far out.
Adams stated that Staff is looking for direction regarding preparing a contract with the
firm and an RFP proposal. He also stated Staff is looking for potential Council liaisons
to attend the monthly progress meetings for the citizens' advisory committee.
Smith left the meeting at 8:20
Moved by Cavanaugh, seconded by Weir, to approve Selection of a Facilities Master
Plan Consultant. as requested. and to direct staff to prepare and execute a contract.
Motion passed 4-0 (Smith absent)
Smith returned at 8:22
The Council discussed the issues surrounding the appointment of the Council
representatives to the advisory committee. Brinkman and Workman expressed their
desires and were selected to be the Council liaisons to the advisory committee.
Medina City Council Meeting Minutes
July 5, 2006
220
B. Willow Hill Preserve -Preliminary Plat for properties located at 2492 and
2520 Willow Drive
Schield presented the Council with the plat presentation. She stated the application was
originally submitted on September 19, 2005, but was subject to the moratorium in the
Rural Residential zoning district. She stated the applicant re -submitted the original
application as it was not affected by the changes resulting from the moratorium.
She stated the site is heavily wooded and explained where the current and proposed
home sites are located. She explained the topography and physical aspects of the site.
She stated there are wetlands on the site, however, the quality of the wetland in the
middle of the site is quite low. She stated the majority of the property consists primarily
of a Maple Basswood forest.
Schield stated the proposal is to relocate the access onto Willow south to provide a
better approach for site clearance. Smith asked for clarification regarding the proposed
drive site. George Stickney, representing the applicant, explained where the drive would
be moved and how it would be improved.
Smith asked if the developer will have to clear trees. Stickney replied they would. Weir
asked if more trees would have to be cleared if the driveway was left where it was.
Stickney stated that more trees would have to be cleared to keep the current driveway.
Schield stated there were two main issues brought up at the Planning Commission's
public hearing: driveway and road access, and tree preservation.
Schield stated the Planning Commission does not have much discretion regarding the
preliminary plat. She stated the application meets the requirements for a preliminary
plat and the required acreage has been submitted. She pointed out the existing and
proposed lots.
Schield explained the road curvature and need for better sight lines. She stated low -
impact development was discussed with the developer. She sated Fire Marshal Loren
Kohnen reviewed the proposed changes of the driveway.
Schield stated Kohnen preferred the driveway be 24 feet wide for the first 150 feet of the
drive. She stated the reduction of the drive to 20 feet would require the applicant to go
through the variance process, which is a condition of approval. She stated that Staff
believes because of the trees on the property, a variance should be granted. She
suggested the Council discuss street width.
Shield stated the developer has proposed a tree preservation plan and described the
plan. She stated the developer has done an excellent job preserving trees.
Schield addressed the Parks Commission request for 45-feet of additional right of way
which would allow for Willow to be moved to the east which would allow for future trails
to be located on the west side of the road. She stated the Park Commission discussed
taking cash instead of the land and that three units would be eligible. She stated that
Staff recommended the developer get two credits for the homes for cash vs. land on the
property.
Medina City Council Meeting Minutes
July 5, 2006
221
Schield stated the public hearing went well and the adjacent property owners were
concerned with construction traffic and building pads. She noted the citizens were
reminded such issues would be addressed after the approval of the preliminary plat.
Weir stated she would be interested in changing the road -width code to meet low -impact
designs rather than having to go through variances. Smith questioned why 20 feet is
required. Workman stated that 20 feet is the minimum width required for fire lanes.
Schield stated there is a tension between safety and preservation. Smith said she
would like sprinkler systems in homes. Workman noted that 20 feet was already a
compromise from 24 feet. Smith stated she agrees with Weir that the road width should
be changed.
Lorsung stated Staffs concern is that citizens in Medina want the City to allow property
owners to maintain their own properties and roads. Lorsung stated she does not want
to go against the Fire Marshal's recommendations, but does not want to see an
unnecessarily wide road. She stated she would like to exhaust all best management
practices before a road is built.
Brinkman stated he does not believe the City should reduce the road below 20 feet.
Smith stated her problem is to build for contingencies. Workman and Brinkman stated
they are concerned about ensuring the road is wide enough for daily use.
Workman stated that changing the ordinances is a separate issue and must be
addressed at a different time. Weir expressed her support for the variance. She asked
about the tree preservation plan. Stickney stated the tree preservation plan is not a
legally binding document, but that the development will restrict how many trees the
property owners can cut.
Weir asked about future tree preservation. Stickney stated there will be covenants
governing how the property can be used and altered.
Stickney also explained how the proposed driveway access on Willow will preserve
more trees. Brinkman asked if 150 feet at the beginning of the driveway is necessary.
Stickney stated the Fire Marshal compromised on 150 feet down from 200 feet.
Schield stated that the preliminary plan should be more restrictive which would allow for
more negotiations in the latter stages of the development. Weir asked if a variance
would be necessary at this point.
Smith stated the Council should direct Staff that they wish for reduced road widths and
radiuses. She stated the Council needs to send a clear message.
Weir asked if the existing driveway stub will be broken up and re -planted. Stickney
stated the majority of the stub will be incorporated into the new roadway.
Weir asked about the existing homes on the property. Stickney stated one of the homes
will be removed and one of the homes was recently remodeled and may stay.
Medina City Council Meeting Minutes
July 5, 2006
222
Schield stated that the Kohnen's recommendation is for the drive to be 24 feet wide for
the first 150 feet and 20 feet until the 90 foot cul-de-sac.
Smith stated she does not support such a recommendation. Cavanaugh expressed his
concern about the Council's suggested change in width, which is against the
recommendation of the Fire Marshal.
Weir stated she is willing to support the current proposal but would like to recommend
negotiating road width with the Fire Marshal.
Moved by Weir, seconded by Smith, to authorize staff to prepare the resolution for
Willow Hill Preserve — Preliminary Plat located at 2492 and 2520 Willow Drive. as
requested. Motion passed unanimously.
C. Investment Policy
Adams stated the discussion regarding the City's investment policy is being brought
back from the last Council meeting. He stated Staff is working on other policies which
will not be coming back to the Council for several meetings.
Finance Director Jeanne Day stated the investment policy is based on the
recommendations from City auditors after their review of the 2005 financial statements.
She stated GASB 40 was implemented for the 2005 fiscal year and one of the
recommendations within that is to have an investment policy.
Day stated all of the policies are being presented in a package, but at the request of the
Council, she has prepared the specific investment policy. She described the various
sources she used to develop the investment policy.
Weir asked about the designated Treasurer. Adams and Day responded Adams is the
designated Treasurer, but the Finance Director will handle the day-to-day management.
Workman stated he reviewed the policy and believes it is excellent. He stated there are
several safeguards, which protect the City.
Cavanaugh asked about controls over wire transfers. Day responded that transfers
from one City account to another require one signature. She explained that any outside
expenditure requires Council approval. She stated the only exception is payroll because
it is processed every two weeks, and the City Administrator has the authority to release
payroll funds.
Day explained that Minnesota State Statues govern City expenditures. She stated the
City is discussing how those processes will be integrated into the City financial plan.
Cavanaugh asked what active controls the City has regarding online banking. He
questioned how online transfers are secured: Day stated if it is within a City account,
only one signature is needed, and any outside transfer requires an authorized signature
and password. Day stated if a transfer is requested for an outside source other than
those listed, an e-mail is sent to both her and Adams requiring the second authorization.
Medina City Council Meeting Minutes
July 5, 2006
223
Workman stated he is happy with the financial direction in which the City is going.
Brinkman asked about the language surrounding the signatures required and whether or
not the language is correct when it states signatures from two Staff members are
required, rather than from a Staff member and Councilmember. Workman stated he
does not believe a Councilmember's signature is necessary.
Workman explained that any large transactions have two signatures. Brinkman asked if,
rather than two employees being able to authorize a transaction. a Councilmember
should be a required signature as well.
Day clarified that the policy being reviewed is an investment policy and that it does not
apply to the payables. Workman stated that the investments are being made within
Medina's accounts and any money that is transferred requires one employee signature.
Brinkman asked how much can be transferred within the City's own accounts.
Workman stated theoretically, all of the City's funds could be transferred. Day replied
that it could be transferred in theory, but state statute regulates such transactions.
Day explained that it is the Finance Director's responsibility to manage the accounts and
transactions. Day stated that for investment purposes, the finance director needs the
ability to make quick decisions. Brinkman stated he believes two people should have to
review a transaction before it takes place to ensure it is a responsible transaction.
Workman explained how the investment firms protect their customers.
Day clarified for Cavanaugh that online banking is available, but no person in the City
has the information to access it. Workman asked Adams to send correspondence to
Farmer's State Bank to disallow any online banking without approval from the Council.
Workman asked Day to explain the benefits of continuing the exclusive relationship with
one bank. He asked if other banks may provide better services and asked if the City
should explore other banking options.
Day stated that Farmer's State Bank has been extremely accommodating to maintain
the City's business. Day explained the ways in which Farmer's has accommodated the
City.
Adams stated the on-line banking item would be followed up on.
Moved by Weir, seconded by Smith, to approve Investment Policy, as requested.
Motion passed unanimously.
D. Ordinance Related to Signs, Repealing Sections 815.01 through 815.25 and
828.06, amending Sections 830.06, 831.07, 832.07, 833.07 and 834.07 and
adding new Sections 815.01 through 815.33
Lorsung gave the Council an overview of the history of the ordinance. She stated the
ordinance has been in the same form since 1999 and the ordinance has been under
review since last year.
Medina City Council Meeting Minutes
July 5, 2006
224
Lorsung stated the proposed document is a working ordinance and is by no means final.
She stated the changes were made due to a legal review. She stated they double-
checked that the zoning regulations were consistent with the ordinance and that all sign
regulation information was in the same area of the ordinance.
Lorsung addressed some specific changes such as prohibiting portable signs and policy
changes regarding temporary signs. She added that construction site signs are
addressed in the new ordinance. She noted that painted windows are no longer allowed
under the new ordinance, but window signs can occupy up to 50% of windows.
Lorsung stated Uptown Hamel's sign ordinance was not changed, but the old ordinance
was taken out of the district regulations and added to the general sign ordinance. She
noted an error that occurred will be changed.
Lorsung highlighted that sandwich board signs are not defined or discussed in Uptown
Hamel, but she believes such signs will attract shoppers in an area such as Uptown
Hamel. She stated that the City may be interested in allowing sandwich boards on a
limited basis in certain areas of the City. Smith asked for clarification and Lorsung
stated the sandwich boards are portable signs, and would be prohibited under the
ordinance, but suggested the Council consider making exceptions.
Lorsung stated there have been discussions among the City and gasoline station
owners. She stated the old and new ordinances both address gasoline stations and
language was added to further specify signs allowed for gasoline stations and other
businesses. Lorsung added the only true change affecting gasoline stations would be
the window paintings.
Lorsung explained the differences among the types of signs addressed in the ordinance
and showed examples.
Cavanaugh asked what the difference is between window signs and painting windows.
Lorsung stated that most cities do not allow direct painting on the windows and are even
more restrictive of window signs. She stated that window signs are not as effective and
that temporary signage is considered a better way to advertise.
Lorsung stated the current ordinance allows 50% of a window to be covered by a sign
with a permit, but that a sign is not allowed to be painted directly on the window.
Cavanaugh asked about a decal. Lorsung stated that decals are not considered signs.
Lorsung stated that up to 50% of the window could be covered by a decal.
Smith brought up the restriction on wall signs and stated that businesses get around the
requirement by painting windows. She asked about Uptown Hamel and Lorsung replied
that there is a different regulation for that district. She stated that walkable communities
have different needs.
Weir asked how businesses will inform customers of various promotions without window
painting. Smith suggested alternatives. Lorsung stated that Staff has done an excellent
job of determining legal implications of sign ordinances and what types of signs the City
does and does not want to approach.
Medina City Council Meeting Minutes
July 5, 2006
225
Workman stated he wants signs to be informative but does not want them to be tacky.
Brinkman stated the issue at hand is the look of businesses and that window painting
often looks bad. He stated the window painting provision is a protection for businesses.
Lorsung stated it is about compromising to allow business a reasonable amount of
advertising. Cavanaugh stated that he is concerned that Highway 55 Rental will face
significant changes because they have several trucks with their name and phone
number on the side.
Lorsung stated the Planning Commission discussed the same issue and believes it may
need to be re -worded and explained the instances in which the vehicle sign ordinance
would take affect and stated the definition does need some work.
Lorsung stated there is 3-4 pages of information regarding processes to work with Staff
regarding signs.
Cavanaugh asked about vehicles with for sale signs parked on private property.
Lorsung stated it falls under a separate part of the zoning ordinance. not the sign
ordinance. Batty stated it is no different than garage sales.
Lorsung touched on the temporary signs, particularly about community events and the
proposed ordinance for temporary signs. She stated that once the ordinance is adopted,
the City will enforce the temporary sign regulations for all groups and community events.
Schield asked if only one banner can be allowed at one property at one time, and
Lorsung stated that was correct. Smith stated if there is a multi -tenant building, there
should be signs allowed but a time limit.
Cavanaugh stated he believes the ordinance is too restrictive.
Lorsung addressed current non -conforming signs and stated those with variances will
be grandfathered in. Weir asked about the size of temporary signs and Lorsung
clarified.
Smith stated that lighting should be added to the definition of signs. She stated that if
there is a backlit symbol, it should be considered a sign. Batty stated the issue he has
is about how a sign is defined. He explained that the signs are counted by clear
symbols or words, but not by lighted colored bands on buildings.
Smith stated that when there are backlit wall symbols or colors, such as the colored
band on the Holiday station, they should be considered as signs. Lorsung stated that in
the research she, Schield, and Batty have done, no other communities consider colors
and lighting as signs.
Illumination, lighted colors, and symbols were discussed and Lorsung stated there was a
gray area.
Medina City Council Meeting Minutes
July 5, 2006
226
Workman suggested the discussion be tabled and Staff research additional issues to
come back to the Council.
Cavanaugh commented that many businesses would be affected and asked if the
proposed ordinance be circulated. Lorsung stated it is available on the website and
public hearings have been held.
Moved by Cavanaugh, seconded by Weir, to table discussion of the Ordinance Related
to Signs, Repealing Sections 815.01 through 815.25 and 828.06, amending Sections
830.06, 831.07, 832.07, 833.07 and 834.07 and adding new Sections 815.01 through
815.33, until the next Council meeting. Motion passed unanimously.
E. City Park Capital Improvements
Adams stated he has identified several recommendations for improvements to the
parks. He stated he is looking for direction for a garbage enclosure at the Hamel
Community Building, a new roof in Hunter Lions Park and a new picnic table for
Lakeshore Park. He stated he is looking for direction to spend Park Dedication Funds.
Paumen stated that the garbage enclosure area does not conform to the City's code
and explained where the new structure would be located. He also explained the
expenses of the project.
Cavanaugh asked Paumen to attend the Hennepin County Auction for some equipment.
Paumen stated he would look into it.
Moved by Smith, seconded by Weir, to approve City Park Capital Improvements with
funding from Park Dedication Fund, as requested. Motion passed unanimously.
Weir and Smith discussed the bird watching park at Rainwater Park. Adams stated
there are funds set aside for consulting regarding such a park and this issue will be
discussed in depth at a future meeting.
The issue of the wetlands was discussed and that the area in question has been used
already as wetland mitigation.
Moved by Smith, seconded by Weir to direct staff and the Parks Commission to
determine a scope of services for a consultant to design Rainwater Park, and
recommend appointment of the consultant this fall for spring 2007 improvement.
F. Community Survey
Adams discussed the citizen and business surveys that have been proposed.
Weir stated her concern with #6 and she would like citizens to know the question is
related to the comprehensive plan for the City. She stated she would like to ask how
residents feel about maintaining rural character and slow -growth policies in Medina.
Medina City Council Meeting Minutes
Jyly 5, 2006
227
Workman stated he believes it is a leading question. Smith stated the answers offered
for the question get into the depth of the issue. Cavanaugh asked if the question of no,
slow, or moderate growth should be related to income taxes.
Smith stated that most citizens will not know what about the Comprehensive Plan of the
City. Smith stated she wanted residents "essential or very important," to answer both
questions #7 and #8, rather than skipping them. Cavanaugh stated he would like all
citizens to answer all questions.
Lorsung stated she was confused about questions #7 and #8 as well.
Workman stated his concern is the City getting involved in the survey process all
together. He stated if the City is meddling in the survey, the results may not be what is
expected.
Smith stated it is important to discuss their concerns. Cavanaugh stated there are some
questions which are not relevant to the City. He stated the City should ask how citizens
feel about slow and low density growth related to increased taxes.
The issue of growth was addressed and the Council agreed that there should be an
open-ended question for citizens to fill in regarding opinions on growth.
Workman asked if the City will follow exactly the results of the survey. Brinkman stated
he believes the survey is skewed. He said an issue is the question about availability of
affordable housing.
Workman stated the only citizens who will respond are those who have salient concerns.
Adams stated there is an option for the City to add an open-ended question, which will
cost an extra $750. Lorsung stated an open-ended question would be very valuable to
help the City determine priorities.
Smith stated this firm did not talk to the Council regarding specific issues and concerns
as part of their proposal, as other firms proposed. She brought up the issue about
where the new City Hall should be located.
Cavanaugh suggested a question asking residents where they would like to see City
services in 30 years. Adams stated he believes the research firm is open to crafting
such questions.
Brinkman stated there are several issues that have come up in discussions which
should be included in the survey.
Workman restated he is concerned that only those with specific concerns will speak up.
Smith reminded him that the survey will be sent out twice in an effort to ensure
substantial returns.
Adams asked for specific changes. Cavanaugh suggested the location of City Hall in 30
years and how citizens feel about growth related to property taxes. Smith and Workman
Medina City Council Meeting Minutes
July 5, 2006
228
both stated they do not feel it should be included in the survey. Smith stated there is not
consensus on that issue.
Smith stated she would like to add a question about areas in which residents would like
to see growth occur.
Adams stated the firm was concerned about how the boundaries would be determined.
The Council discussed various areas that could be specified. Smith recommended a
map be added to the survey.
Weir asked about question #14 regarding setbacks and stated the City is quite a way
down the road with the decisions. Brinkman stated he would like to remove the
question. Smith stated she believes it is important to find out if the residents support it.
Workman stated that he would like a survey question gauging concerns for
environmental welfare.
Cavanaugh brought up rules regarding livestock. It was the Council's consensus to not
include a question about livestock.
Cavanaugh supported Smith's idea to include a map in which citizens could address
areas of growth.
Adams stated based on consensus he is hearing, the issues that will be addressed are:
Location of public facilities
Description of affordable housing
Cavanaugh asked about the growth issue, Weir stated it is too difficult to ask correctly.
Workman stated he would like to ask a question about residents' largest concerns for
the City. Cavanaugh returned to Smith's suggestion about asking about growth in
specific areas.
Lorsung suggested a map could be color -coded.
Workman stated his concern is that if citizens give their opinions, but the City does not
follow such opinions, that residents will be upset.
Adams suggested that the open houses as part of the Comprehensive Plan are an
arena where such concerns can be addressed. Smith suggested the city include their
own surveys as part of the open house and Comprehensive Plan process.
Adams stated he has direction on three items (location of public facilities, affordable
housing description and open-ended question pertaining to biggest issue facing Medina
in future) and does not believe it will cause a big problem with the research firm. Adams
stated there was consensus to use Map 5.
Discussion was held on the Business survey, with no changes being made.
Medina City Council Meeting Minutes
July 5, 2006
229
Moved by Smith, .seconded by Weir, to approve the Community Survey, with
amendments as clarified by Adams. Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT
A. Maintenance of Hamel Road
Adams addressed the immediate maintenance requests for Hamel Road and presented
the Council with two options of seal coating or simply jet -blacking.
Weir stated that businesses in Uptown Hamel believe the City is indirectly responsible
for condos in the area not selling. She stated businesses believe the City is dragging
their feet when it comes to improvements. She stated the City has done a lot of work in
Uptown Hamel including: 1. Built a drainage system to allow development on zero lot
setback. 2. Re-created the ordinance to make development more economically feasible.
3. Built a whistle -less crossing and re -built Sioux Drive and Mill Drive.
Workman stated it is important to the City for Uptown Hamel to look good for
redevelopment and property values, as well as for the look of the primary business
district. Workman stated he has no problem spending TIF money to make the area look
nice.
Adams stated the issue has been discussed and is on the agenda for the August 2nd
meeting.
Weir asked if the road could be striped for a more urban Zook. Paumen stated it would
cost more, but it could be striped.
The Council discussed the complete renovation of the road, including utilities, instead of
a "quick fix."
Batty stated the City has 2.5 years to renovate the Uptown Hamel road per the TIF
guidelines. Kellogg discussed the location of water and sewer mains as a variable to
consider in moving forward with the Hamel Road improvement now.
The Council agreed that re -doing the road is essential to business and that the
developers know that TIF and development is needed to support the funding of the
infrastructure.
Batty and Adams discussed the limitations of TIF funding as they pertain to public
improvements and reminded the Council of past policy discussion of using special
assessments.
The Council agreed that the entire project should be discussed.
Adams described the steps that must be taken in order to complete such a project, as it
relates to public improvement hearings and a special assessment hearing this fall for
Sioux Drive, Mill Drive and the storm water improvements.
Medina City Council Meeting Minutes
July 5, 2006
230
The Council agreed that the issue will be tabled until August 2nd and brought back for
discussion.
B. City Engineer Report
Kellogg updated the Council on the Hunter Drive trail.
Workman asked about Sioux drive and Paumen responded that sod will be planted in
adjacent to the roadway with the option of placing mulch with plantings for long-term
maintenance preference.
The Council requested that Hamel Road look its best for the upcoming Rodeo and
parade.
X. MAYOR AND CITY COUNCIL REPORTS
XII. APPROVAL TO PAY THE BILLS
Moved by Smith, seconded by Weir, to approve the bills, order check numbers 029587-
029632 for $554, 401. 81, payroll check numbers 019926-019930 for $6, 489. 76 and
payroll direct deposit for $25, 014.03. Motion passed unanimously.
X. CLOSED SESSION: ACQUISITION OF PROPERTY
The council adjourned to a closed session at 11:17 p.m. The closed session addressed
the acquisition of property listed as 4003 Apache Drive, as well as easement acquisition
on Hunter Drive listed as PID's 13.118.23.31.0001, 13.118.23.21.0002,
13.118.23.21.0001, and 13.118.23.12.0001. Mayor Workman, Council members
Brinkman, Cavanaugh, Smith, and Weir, Batty, Paumen, Lorsung and Adams were in
attendance in the closed session.
Moved by Smith, seconded by Weir, to enter into closed session at 11:17 p.m. Motion
passed 4-0 (Brinkman absent).
The Council reconvened to open session at 11:53 p.m.
Moved by Weir, seconded by Smith, to adjourn at 11:54 p.m. Motion passed
unanimously.
ce D. Workman, Mayor
Attest:
[A,A A-Z.„,,
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
July 5, 2006
231
ORDER CHECKS - JULY 5, 2006
029587 AGGREGATE DIVISION $1,243.63
029588 ALTERNATIVE BUSINESS FURNITURE $142.39
029589 BOND & TRITST SERVICES ......................... .................$113,765.00
029590 BONESTROO, ROSENE, ANDERLIK $94,607.48
029591 BUDGET PRINTING $337.11
029592 BUFFALO BITUMINOUS $3,847.64
0/9593 CLASSIC CLEANING $521.85
029594 DUSTCOATING, INC. $1,122.00
029595 EGAN $226.20
029596 ELECTRON HERDERS $127.76
029597 ELM CREEK WATERSHED $4,096.41
029598 ERICKSON, ROLF ENT., INC $5,151.56
099599 EU LL'S MANUFACTURING CO $394.67
029600 G. L. CON IRACTING $249,033.62
029601 HAWKINS LW' $5,500.26
029602 HENNEPIN CO.TREAS.(JAIL SVC.) $23.43
029603 HENRYS WATERWORKS $6,396.02
029604 JENSEN COMMUNICATIONS $3,645.00
029605 KENNEDY & GRAVEN $14,706.93
029606 KERN, DEWENTER & VIERE $7,750.00
029607 KONICA MINOLTA BUS. SOLUTIONS $536.19
029608 LAKE BUSINESS SUPPLY $371.83
029609 LANDFORM $5,984.86
029610 LAW ENFORCEMENT LABOR SERVICES $222.00
099611 MAINTENANCE ENGINEERING $987.25
029612 MAYER, RANDY LTD $73.36
029613 MEDICA $212.00
029614 MEDICA CHOICE $20,056.23
029615 NATIONAL WATERWORKS $600.61
029616 NEX I'EL COMMUNICATIONS $782.69
029617 PIONEER-SARAH CREEK $9,624.14
029618 PLYMOUTH, CITY OF $671.59
029619 QWEST $639.91
029620 RANDY'S SANITATION $256.79
029621 RUFFRIDGE JOHNSON EQUIP. CO. $58.40
029622 SONNYS AUTO $701.73
029623 STRETCHER'S $315.54
029624 SUPERIOR WIRELESS $41.76
029625 TIME SAVER OFF SITE SEC. S179.30
029626 TRUGREEN CHEMLAWN (OSSEO) $2,507.04
029627 UNIFORMS UNLIMITED $542.79
029628 UNION SECURITY INS. CO. $352.34
099629 VERIZON WIRELESS $8.47
029630 WESTSIDE EQUIPMENT $288.00
029631 WRIGHT-HENNEPIN ELECTRIC $9,416.17
029632 XCEL ENERGY $332.63
$554,401.81
232
PAYROLL CHECKS - JUNE 26, 2006
019916 SCHERER, STEVEN T „,,,, ,„ _ . ,, ,_ ,,, „.$1,171.25
019927 CONVERSE, KEITH A $1,583.22
019928 VIEAU, CECILIA M $1,023.29
019929 OLSON, JANET $1,122.05
019930 PAUMEN, JOSEPH D '41,489.95
EFT ADAMS, CHAD M. $2,074.80
EFT McGILL, cHRISTOPHER R $1,475.44
EFT HALL, DAVID M $1,741.77
EFT DRESSED, ROBERT P. $1,149 97
EFT BELLAND, EDGAR J $2,249.49
EFT DINGMANN, IVAN W $1,459.13
EFT SULANDER, LAURA L. $1,215.96
EFT BOECKER, KEVIN D $1,475.54
EFT GREGORY, THOMAS $1,765.88
EFT KOBES, KATRINA M. $813.89
EFT LORSUNG, ROSE A $1,288.76
EFT NELSON, JASON $1,788.92
EFT KLISZCZ, DAVID A. $514.33
EFT VINCK, JOHN J. $1,152.63
EFT FINKE, DUSTIN D. $898.50
EFT MAROHNIC, NICHOLAS $451 88
EFT DAY, JEANNE M $1,872.10
EFT DOMINO, CHARMANE $1,081.56
EFT WUNSCH, JODI M. $341 48
$31,503.79