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HomeMy Public PortalAbout07/15/08 CCM283 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 15, 2008 The City Council of Medina, Minnesota met in regular session on July 15, 2008 at 7:00 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Smith, Weir, and Johnson. Members absent: Cavanaugh. Also present: City Attorney Sarah Sonsalla, City Engineer Tom Kellogg, Police Chief Ed Be!land, Planning Director Tim Benetti, Public Works Superintendent Steve Scherer, Finance Director Jeanne Day, City Administrator Chad Adams, Administration Intern Kim Ann, and Recording Secretary Carla Wirth. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Weir requested to add an item to discuss Low Impact Development and advised that Gramercy residents have requested their agenda item, 9A, be moved up. Crosby stated the consultant from Bonestroo Engineering is in attendance to present Item 7A, Surface Water Management Plan, and Item 7D, Water and Sewer Intercommunity Flow Agreement with the City of Corcoran, so consideration of the Gramercy item will be moved up and considered after those two items. The agenda was accepted as amended. IV. APPROVAL OF MINUTES A. Approval of the July 1, 2008 Regular City Council Meeting Minutes The following corrections were requested: Page 1, Line 40, delete sentence. Page 3, Line 32: Crosby wed commented that on..." Page 4, Line 21, Clara Ueland of Homestead Trail stated ..." Page 6, Lines 8-10: "...may be necessary to cliviele reconsider truck traffic between all limitation on other roads because if Homestead Trail is the only north/south route for trucks, it would not be fair for residents of Medina. Page 10, Line 26: "Smith stated she thinks there is a danger of using the general use specific list because it may..." Page 11, Line 48: "...community when buildings are surrounded by parking lots and some density is needed to feed the office and commercial uses." Medina City Council Meeting Minutes July 15, 2008 284 Page 13, Line 12: "...foundation and walls so the building can support future upper floors." Page 16, Line 29: "...supports one district, she does not want to disincentive discourage development." Page 19, Line 15: "...so they don't need to get a Wilding burning permit." Moved by Weir, seconded by Johnson, to approve the July 1, 2008 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Accept Donation from Cadence Multisports and Approve Disbursements to Area Agencies B. Accept Donation from Thomas M. Crosby. Jr. C. Appoint Police Chief or designee as Fire Warden D. Approve Continuing Education Program for Police Chief Ed Belland E. Lift Probationary Status to Accountant Erin Barnhart F. Lift Probationary Status to Accounting Technician Teri Portinen G. Release Letter of Credit for Jan-Har LLP (Adams Pest Control) Moved by Smith, seconded by Weir, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Beth Nielsen, Park Commissioner, stated at their last meeting they continued to review the low priority trails and started over with the park trail list. Also, Adams reviewed the CIP. Nielsen reported that Holy Name Park is about 50% complete, the rain garden is in place, and they are now waiting for the plants. C. Planning Commission Benetti reported that at the July 8, 2008, Planning Commission meeting, they considered the High Pointe Ridge 2nd Addition submitted by Tim Druk and Mark Luetmer and recommended approval of the preliminary plat to rearrange existing lot lines between 2020 and 2930 Parkview Drive. The Planning Commission also reviewed and held considerable deliberation on the Rural Residential and Accessory Building standards. The Commission recommends approval with slight modifications. These two items will be considered by the Council at the August 6, 2008 meeting. Benetti reported that the Hennepin County PUD Amendment, which was tabled to July 8, has now been tabled to the August 12, 2008 meeting. Benetti stated the tour scheduled for this Thursday will leave promptly at 8:00 a.m. and return by noon. Medina City Council Meeting Minutes July 15, 2008 285 Benetti advised that the City has received two applications, one from the Three Rivers Park District for a CUP for two storage buildings to house new golf carts. The item will be considered by the Planning Commission on August 12. The other request is from a Wild Meadows resident to vacate a platted drainage and flowage easement and re - convey the land to make room for construction of a new swimming pool in their back yard. A public hearing will be held on that application at the August 6 Council meeting. VII. OLD BUSINESS A. Surface Water Management Plan Adams stated staff is requesting Council direction to forward the Surface Water Management Plan (SWMP) to the Watershed Districts and Met Council for their official review. Staff is also requesting direction on phosphorus reduction. Crosby asked if the draft or the adopted plan would be sent out for review. Bob Barth, Bonestroo, stated a draft would be circulated for agency review. He noted that in April he spoke to the Council about Low Impact Development (LID) and talked about the Lake Independence TMDL and Minnehaha Creek Watershed District (MCWD) phosphorus reduction plan. He stated it is intended to submit the draft SWMP to the Met Council and Watershed Districts. Barth drew the Council's attention to the two policy changes being proposed, which would be a dramatic change in Medina so staff would like consideration by the Council. He explained one policy change is contained on Page 40, Section 6.2.1, and indicates that existing runoff volumes will be maintained. This was discussed in April and is fundamental to LID but has now been contained in a policy guidance document so it will take on more official standing once the Met Council and MCWD see it as a commitment. Barth stated this was discussed in detail in April so it is not a new discussion and such regulation is fundamental to meeting the MCWD phosphorus reduction plan and Lake Independence TMDL. Barth stated the second policy change is contained in Section 6.2.4 and interacts directly with phosphorus reduction required by Minnehaha Creek and the Lake Independence TMDL. It indicates that phosphorus load requirements of Lake Independence will require a 50% reduction of loadings from the municipalities. This can entail many options including some things the City does not control such as eroding stream banks and farmer field practices, which will be worked on jointly with farmers, the City, and Watershed Districts. He noted what are under the City's control are development practices and what is done with City projects so the City can control the development process to assure load reductions in the future. Barth advised Minnehaha Creek is more direct and says that with run off from agricultural lands they are looking for a 25% reduction, a 10% reduction on existing surfaces, roadways, and existing developments, and a 15% reduction in some other form. This Policy is to be uniform across the City to require a 25% reduction in phosphorus loading rates for new developments. Barth explained the policy decision before the Council is to consider a 25% reduction to meet today's requirements, and whether it is City wide so Medina is covering Elm Creek areas as well and prepared for the future. Medina City Council Meeting Minutes July 15, 2008 286 Crosby asked about an organic farmer that does not use chemicals on the property. It is not a natural cover and would come under the third sentence for a 25% phosphorus reduction. Barth said when the policy is written then there would be a different baseline and the load requirement can be considered at that time and lowered. Weir pointed out that old farm land is already heavily preloaded with phosphates. Barth stated that is correct. Crosby stated his concern is that it is a flat statement in other cases of 25% and asked if there will be flexibility. Barth stated you can't anticipate every place you will need flexibility but when at a point of policy implementation they will start to lay out numbers of what is assumed for preexisting conditions. Weir stated she is interested in the City adopting LID practices as a policy and to change engineering standards, if desired by the other Councilmembers. She asked if it would make a difference with this document. Barth stated it would make a difference to this document since changes in design standards or design plates should be included. Smith stated if it can be discussed tonight, perhaps it should be included in this document. Weir stated she saw the LID presentation at joint meeting and hopes all are on board with that concept. Barth stated LID is sustainability for storm water in development practices. The primary intent is to mimic natural hydrology so loading of pollutants, water volume runoff, and peak rates of discharge are addressed. He explained it can involve many different techniques, some being close to buildings like permeable surfaces and green roofs and centralized facilities other than ponds. The primary focus is on vegetation, infiltration, and natural processes. Smith asked if an example would be the large barn that was proposed and to reduce the run off a rain garden was installed along the building. She stated she thinks Medina has already started doing that but it is not yet in the ordinance. Weir agreed it is not yet in the ordinance or direction given to staff to support LID. She recommended Council direction to staff to incorporate it into the City's engineering and building standards. She stated she attended an Elm Creek Watershed District meeting and heard a statement that no city, state, or nation can afford the money it would take to repair impaired waters. But, going forward, the best way to address impairment is to prevent it through LID. Smith asked if this is not what Medina is to be doing with the Storm Water Management Plan. Barth stated if development is told to reduce loads by 25% then the only answer is LID so the thing to define going forward is what it would look like in Medina. Weir stated she would like it integrated into building and engineering standards and this is an excellent time to do so. Medina City Council Meeting Minutes July 15, 2008 287 Crosby stated he needs to see the actual language so he can better understand it'and the degree to which it is incentive based or mandatory. Smith stated it is really the use of Best Management Practices (BMP) for planning and development, not something new that no one else is using. She stated this is a time of economic turndown and she supports considering LID at this time. Adams stated it appears the Council wants to see a process of how it can be implemented and incorporated. Smith stated instead of going back and doing old age methods in the ordinance, staff will bring forth the newer technology which is often times going in, but not yet required by the ordinance. Weir agreed with the need to insert that language in the ordinance. Barth explained that step one would be to include it in the Surface Water Management Plan as a policy direction. Johnson stated there is great value in having LID and, from a policy standpoint, he agrees but wants to see a definition all can agree with. Johnson noted language on Page 43, Section 6.3, indicating the City will encourage the development of new ponding developments. He suggested the ordinance can indicate that the City will encourage the development of low impact developments. Barth suggested drafting the language for consideration at the next meeting. Johnson asked what it means to say "encouraging development of new ponding systems upstream of existing water bodies." Barth explained they want to encourage best management practices and noted that some projects do not trigger requirements. In cases of redevelopment and linear developments, it wouldn't be caught under the City's site plan process. Smith noted this is not just addressing ponds and suggested that language be changed to require best management practices. Barth stated it would be up to the project proposer to state why they cannot do it, or it can be encouraged in many ways such as through commentary or negotiations of cost sharing agreements if it involves over sizing. Smith noted some Clean Water Legacy grants are available for landowners and asked if that kind of program can be instituted. Barth answered in the affirmative. Crosby stated this will considered again at the next meeting with language related to LID. D. Water and Sewer Intercommunity Flow Agreement with City of Corcoran Adams explained staff is not looking for approval tonight. He reported Staff is close to finalizing terms of the agreement and working out substantive matters. It is anticipated Corcoran will adopt the Agreement at their July 24 Council meeting and Medina would consider it at their August 6 meeting. Adams explained the revisions to be made to the definition of the service area and maximum capacity. He stated there has been some continued discussion on the term clause for Medina's ability to terminate. He advised Medina City Council Meeting Minutes July 15, 2008 288 that Crosby has asked questions about the correlation between the over sizing costs, debt of Corcoran, trunk charge revenues, and other dollar figures in the document. Crosby read Paragraph 6, Termination, and stated the language is a bit cloudy and should be made more clear so all know what it means. Adams agreed and stated Ehlers indicated those matters will be included in a table and the language clarified. Crosby read Section 2.5, Standards, and stated he felt the language was cumbersome. He stated he had mentioned to Corcoran Mayor Guenther that at the last meeting it was indicated that Medina is prepared to do this but it's a credit call and Medina is doing it as a good neighbor, relying on the credit of Corcoran to make all the payments. Adams noted the Ehlers memo addressing Corcoran's credit assessment. He extended his thanks to Corcoran for providing that information to Medina, noting no red flags were found. Ken Guenther, Corcoran Mayor, thanked the Council for considering this matter. He stated they received the revised draft last week with enhanced clauses related to annual payments and a maximum volume figure. He explained that as he reviewed them, he got the impression Corcoran and Medina were not as in sync as he thought they were. Guenther stated he thinks the draft demonstrates an anticipation that the contract needed to cover the entire southwest district of Corcoran, which is several hundred acres. However, Corcoran only contemplated serving the United Properties Business Park, substantially fewer acres and less volume. Guenther stated once Medina sees how that context affects the language in the Agreement, it will reduce anxiety about the potential of Medina becoming involved in infrastructure improvements or extending benefit to Corcoran that is not reflected in current economic activity or benefit. Guenther stated when he attended a Medina Council meeting several months ago, the issue of water capacity arose and he indicated Corcoran's desire to use United Properties as a catalyst to get utilities into the area. But, any other development in the southwest area would require Corcoran to install the infrastructure. Guenther stated he thinks coordinating efforts and loops in the system would be the most efficient for both communities. He suggested staff determine how a smaller scope of anticipated service would impact the language. Kellogg noted reference to "Phase 1" and asked what area that would include. Guenther stated it should reference the United Properties Business Park, and perhaps should also indicate the number of acres or a general legal description. Crosby agreed that the term "Phase 1" makes one think there may be additional development areas. Kellogg stated a more clear picture of the service area is needed as well as the infrastructure improvements to service the Business Park. He suggested that information be attached as an exhibit to the document so there are no remaining questions. Smith asked if the flow numbers will be changed. Kellogg answered in the affirmative, noting 260,000 gallons per day would serve the entire southwest area of Corcoran. Medina City Council Meeting Minutes July 15, 2008 289 Guenther stated he would intentionally avoid trying to capture an agreement that would cover the entire southwest corner of Corcoran because they are not ready to do this except for incrementally. He noted in the future that area of 600 acres will have a development of a different character and anything beyond the United Properties Business Park would require additional study and a new set of discussions. Guenther stated the Agreement will be reviewed again by staff, the numbers will be reduced, and exhibits developed to make the development area more clear. Smith asked if another financial analysis will be needed. Adams stated it will not because the Ehlers study already reflects the request. Crosby referenced Page 7 addressing the annual payment amount and asked if monthly or quarterly payments will be made on estimates subject to an annual adjustment so Medina will not have to carry a large amount for the entire year. Guenther indicated he would like to see how the adjusted lower flow numbers will affect the payment amount. He stated he always assumed the Corcoran water request was well within Medina's means and not require building infrastructure to create additional capacity. He stated he anticipates that once the math on the reduced flow levels is done, it will not have practical application because infrastructure would not have to be built out within the parameters of this contract, but it would be a protection device for Medina. Adams explained that Medina is already in process of bonding for and building a water tower but it will be oversized to meet Medina's future needs as well as Corcoran's needs. Medina is also over sizing the pipes to meet Medina's future needs, not just to serve Corcoran's needs. Adams asked the Council to bring up new substantive comments, if any, because the final draft will be prepared so it can be considered by Corcoran on July 24 and Medina on August 6. Smith stated the revisions discussed were to change the flow on Page 1 to match the service area, to create an attachment to clearly identify the service area, and to recalculate quarterly estimates identified on Page 7. Adams stated because it is a low risk and dollar amount, it would be better administratively to look at once a year. He noted that with the amount of development anticipated in Corcoran, there may be no annual minimum payment. However, while there is low risk to Medina, the City wants to be protected in case there is no development. Johnson referenced the Ehlers letter indicating Corcoran's bond rating is from a high -A to mid -AA, which is considered a good credit. He indicated that in looking at the duration and unlikelihood of default, it is not a high credit risk for Medina. IX. CITY ADMINISTRATOR REPORT A. Escrow Agreement and Assessment of Outstanding Invoices — Gramercy at Elm Creek Adams explained that there were some unpaid invoices last year and, as a matter of policy, the costs were assessed to the Gramercy at Elm Creek properties. Gramercy Medina City Council Meeting Minutes July 15, 2008 290 has asked the City to waive the cost from the assessment but that's not an option so the request is now for the City to reimburse residents for the amount of the assessment plus interest and late fees. Initially, staff did not support the request because there is a $28,000 escrow and staff is not confident the prairie restoration was satisfactorily established. However, over the next 45 days, Bonestroo submitted a report saying Medina should retain $3,500 to inspect and assure the prairie restoration. Gramercy residents are asking the City to consider paying back the assessment through a check or arrangement in the next 60 days or less. Adams explained that procedurally, Medina would ask the escrow agent, through a written process, and notify all parties and request a reduction of funds through the escrow. Crosby noted the report indicating if the City pays $8,000 to Gramercy tax payers, sufficient funds will remain in the escrow. Adams stated that is correct but instead of retaining only $3,500 he intends to retain the approximate balance of $20,000 of remaining escrow. Crosby stated because these have been assessed against the taxpayers all in one year, there needs to be an understanding that if paid back to the Gramercy owner's association, a taxpayer cannot come back saying he paid the taxes and should get the money back, such as in the case of someone who paid the taxes and then moved out. Fred Webber, 100 Clydesdale Trail, advised that Adams has fairly stated their position and assured the Council that they do have the understanding about taxpayers paying their taxes. Adams stated staff would like direction whether to initiate the escrow release in the amount of the full assessment, plus interest and late fees, or just the full assessment. Day explained that the assessment was put on the roll in 2007 for payment in 2008 so interest was applied and late fees are applied by the County if payment has not been made. Jessica Hamilton-Pysick, Administrator for the Gramercy Club at Elm Creek, stated late fees were applied to the tax statement and payment was made for one-half of the amount, as requested by the County. She stated they are asking to get reimbursed for that amount, a total of $8,400. Crosby asked who gets the late fees. Day stated Medina gets the majority of the late fees with the County only retaining $1.50 per assessment. She stated she does not know why late fees would be included since it is a current tax statement, unless it is related to something else. Council agreed that there would be an agreement acceptable to the City Attorney related to refund of the levy. Moved by Johnson, seconded by Weir, to direct staff to implement Option 1, full reimbursement, as defined and late fees if applicable. Motion passed unanimously. VII. OLD BUSINESS Medina City Council Meeting Minutes July 15, 2008 291 B. Farmers Market Update Ann presented staffs research and analysis for establishing a farmers market in Medina. She explained that since financial generation is minimal, staff found it was not feasible to have a farmers market with public ownership. However, Medina has the resources to support a private organization where involvement is minimal. Staff also looked at location and considered visibility as being prime since drive -by consumerism is important and a large parking lot for accessibility is a major consideration. Staff researched hard surfaces as opposed to grass surfaces and recommended the use of hard surface parking since there is less maintenance. Ann noted that there is no parking ability for a larger farmers market at the Hamel Community Center. Ann stated another consideration is management of the market. During the study, two parties indicated their interest in having a farmers market. The Uptown Hamel Business Association approached the City last year and Jill Schmidt is also interested in having a private farmers market and been studying the matter for the last year. Ann recommended Medina help Schmidt to support her farmers market subject to submittal of a strong viable business plan and prospects of building community and synergy within Medina. She explained she is recommending Schmidt as opposed to the Uptown Hamel Business Association because no one came forth from the Association with a solid business plan, as done by Schmidt. Crosby asked what kind of support Medina would offer to Schmidt. Ann stated it would be through managing traffic, if needed, zoning consideration for a farmers market, and helping with connecting to the community and to establish a base of vendors. Weir stated it appears the support is facilitating rather than financial. Ann stated that is correct. Weir reported on the reaction of disappointment by the Uptown Hamel Business Association that it will not be located there and concern expressed that it may move to a flea market site. However, no one was interested in coming forward to organize a farmers market and they felt the City should run it. Jill Schmidt, 11372 — 17th Place NE, St. Michael, thanked the Council for this consideration. She explained she is interested in establishing a farmers market, independently run, to bring farming and the residential community together. Schmidt stated she will need to establish a board comprised of vendors, city businessmen, and businesswomen. She stated the City's involvement would be with research and planning during the start up phase. She is proposing a weekly mid- to large -sized market starting in 2009 in a highly visible location. She would like support to continue research and will develop a business plan for the City's review. Schmidt stated she has a passion to unite the farming community to the neighborhood on a weekly basis and create a successful organization for everyone to enjoy the market experience. Crosby asked about her experience. Schmidt stated she is the catering director at the Medina Entertainment Center and has managed an outdoor conference trade show with vendors and booths on a weekly basis for a long period of time. She stated she has organizational skills, a love of farmers since she was born and grew up in Minnesota, and lived in Corcoran until a few years ago. Schmidt stated she is also a culinary chief so it all ties together. Medina City Council Meeting Minutes July 15, 2008 292 Crosby asked if it would be a weekend farmers market. Schmidt stated her preference that it not be held on the weekend since many leave town so she would prefer a Wednesday or Thursday evening market. She stated she has no intention of going into a flea market setting because it cannot be organized. Her farmers market would be well organized and vendors would make a commitment for the entire season. Johnson asked if vendors would be signing an agreement. Schmidt answered in the affirmative and stated the vendors will also be licensed and insured. She stated the mid- to large -size market would include at least 40 vendors. She explained you can set your own standards, such staying with 80% Minnesota grown and restricting the distance from which vendors can come. Smith asked if it will be similar to the Lake Street and Hiawatha farmers market. Schmidt stated this farmers market would market only Minnesota grown items. Johnson asked about logistics and whether the Uptown Hamel location would work. Schmidt stated she went to a Maple Grove farmer's market association meeting and they emphasized how important the location is so she does not see the market happening in Uptown Hamel. Weir stated it was asked at the Uptown Business Association meeting whether a satellite market could be set up, once the market is established, on evenings when the ballfields are packed with parents and children. Schmidt stated that could be considered. Adams stated Schmidt wants general Council feedback if they will support this consideration. He noted there are some regulation issues that need to be worked out along with zoning. The Council indicated their support for staffs continued endorsement of Schmidt's efforts for a farmers market in Medina. Schmidt explained that not all vendors can be there the entire summer so it would be the manager's position to make the market appear to be full all the time. She explained there may be only 20-30 vendors at a time because some of their merchandise is seasonal. C. Ordinance Creating the Upton Hamel-1 Zoning District and Uptown Hamel- 2 Zoning District; Adding New Sections 834.1 and 834.2 Benetti provided a brief presentation and noted the draft ordinance is available for the Council's review. He noted the mixed use identifications within the Comp Plan and desire for commercial and residential uses to co -exist. The business district is identified as MU-B in the current Comp Plan. Residential densities in this designation will be between 7-45 units per acre and may include some vertically integrated uses. Benetti presented the density requirements and number of developable acres. A minimum of 210 units are required to achieve the 7 unit/net acre density if applied across the entire Uptown Hamel area. Staff seeks confirmation from the Council if the residential density should apply to the entire district or just a percentage of the area. Medina City Council Meeting Minutes July 15, 2008 293 Currently it is 50% and the definition assumes a strong business component as well as higher density. Johnson noted there is nothing to prevent Medina from going higher than 50% or 60%. Benetti stated the Met Council wants a number included or to identify what is the strong component in the Plan. Benetti noted the map is for illustration purposes only. He reviewed the sites and suggested zoning classifications. He explained that UH-1 requires a residential component; however, the UH-2 district does not require a residential component. Weir asked about the ratio on the proposed map. Benetti stated the goal is to get 50/50 and used the map to point out areas in each zone. He noted St. Anne's property is being left as UH-2 and explained they will have the option to use their property as cemetery. Or it could be made available for some type of mixed use. Benetti stated staff went back to the general use list and did exclude some of the uses, as identified in the staff report. The maximum square footage for an individual commercial use was lowered from 20,000 sq. ft. to 12,000 sq. ft. Assisted living would be allowed within UH-1 but only if meeting the residential density requirements. So, a nursing home/memory care could be added as well, if density is met. This means the proposal of Mr. Farr could take place if density is met. Benetti noted three story structures are permitted in the district and a fourth story allowed if at least 10% of the residential units are dedicated as affordable. Johnson asked whether greater setbacks are required for a fourth story. Benetti stated that is correct. Benetti noted the Council discussed allowing a fourth story if the building is LEED certified. The Planning Commission recommended leaving it off for four stories but that is at Council's discretion. Smith asked if it would be met with landscaping, site planning, energy, or in what matter. Johnson stated LEED certification is very broad and would need to be defined. Weir suggested leaving the incentive for affordability. Smith stated LEED certification is also very expensive so there may be other ways for the development to go to meet those goals. Benetti stated if the intention is to implement construction standards more widely, such requirements should be placed as performance standards. He noted green roofs and that type of design can also be encouraged. Benetti reviewed the issue of Uptown Hamel parking which needs to follow general parking requirements. However, the draft allows the Council to grant flexibility to the general standards. If the Council wants to grant a great deal of flexibility, it may require the City to become actively involved in providing structured parking. Benetti addressed fees in lieu of parking, which he indicated can be easily met with scorn by developers but the flexibility standard remains for them to utilize. He presented a scenario that a restaurant needs 20 parking spaces but indicates they want to provide only 12 during peak hours and only have an area for 8 spaces. Benetti asked the Medina City Council Meeting Minutes July 15, 2008 294 Council whether, under this flexibility, the City would want a fee in lieu of parking based on the 4 parking spaces (8 to 12 spaces), or 8 parking spaces (12 up to 20 spaces). Weir asked if it would be applied to the requirement of one space per living unit underground, or exempt. Benetti stated he thinks it is key to maintain the one underground space per living unit because it also keeps cars off the streets and municipal areas. He stated staff researched other cities and found some use fees in lieu of parking and if that's approved, the City will work with the engineer to determine the cost of an open parking space versus a structured parking space. Smith stated her support to put those fees into a fund to construct a multi -level municipal parking ramp. Council discussed that the fees could also be used towards property acquisition. Crosby suggested looking at the cost for a surface parking lot. Benetti stated staff can start with the figure for a surface lot and also look into the cost of a parking structure for the future, if the use demanded it. He noted the italicized language on Page 3 that can be considered, if necessary. Benetti presented the next steps to be taken, noting the ordinance has been discussed at two Planning Commission meetings, presented at an Uptown Hamel Business Association meeting, and discussed at an open house. The Planning Commission recommended approval. He noted the draft ordinance creates two new districts, leaving the existing Uptown Hamel district in place for now. Properties will need to be rezoned later to UH-1 or UH-2 and go through the Public Hearing process. Before the rezoning, the ordinance has to be in place, as mentioned previously by Attorney Batty. Weir referred to Page 1, Permitted Uses, and asked why the City is excluding veterinary clinics and skilled trades like plumbers and electricians because they would fit well in UH with a CUP. Crosby explained that skilled trades are not consumer businesses. Benetti stated staff saw those uses as providing outdoor activity, dog runs, kennel areas, and with trades you typically see outdoor storage. Staff wants to encourage low intensive retail service uses. Johnson noted that a veterinary clinic does not result in long multiple overnight stays but, rather, day visits. Consensus was reached to allow a CUP for veterinary clinics without kenneling and outdoor runs. Weir referred to Page 2, Lot Setbacks, Subdivision 1 and 2, and asked if language should be added that requires the lot area reduction to be compatible with existing immediate neighbor buildings. She asked about a scenario where the lot is up against something nice like Argent Park with views to the side and asked why you would want to reduce a lot area. Adams noted this relates to the Mark Bryant request and the need to demonstrate a viable use for the reduced lot size. Medina City Council Meeting Minutes July 15, 2008 295 Weir asked if language should be added to indicate "as long as compatible with immediate neighboring buildings." She expressed her concern about a resident having to look at a Tong blank wail. Crosby noted that is a rural feature and the desire is to create an urban environment. Smith asked if the building standard requires windows. She stated she does not object to building from lot line to lot line. Weir referred to Page 3, Subdivision 4, and noted the language seems to allow an exemption to build up to the street. Benetti stated the intent is to keep the buildings as close to the front line as possible and not have the buildings set back. Weir asked why Medina would exempt a parcel of two acres or more. Benetti noted that larger parcels allow for parking in front of the buildings. Weir stated she does not support parking in front of the building. Smith noted a past proposal for a bar on a larger lot that needed parking in front. Benetti stated with the Provenance building the revised configuration eliminated the two office building and created parking to wrap around the Provenance building. Weir asked why there are different regulations for larger lots. Adams explained that with the restaurant and elevated lot on Sioux Drive, they needed parking in front of the building to make it work. Weir asked if Medina wants to allow parking in front, such as with the larger church lot. Benetti stated it is a carry over from the old ordinance and there may not be a lot of 2.5 acre sites in this area. He noted the need for parking with a residential project. Johnson stated other communities that are trying to create a small town feel, like Wayzata, have parking in front and it is visually pleasing. Weir noted Subdivision 4 specifically allows it for larger parcels but she thinks that is not what Medina is looking for. Smith asked if the flexibility should be allowed through a CUP process. She noted with higher density, parking in front may be acceptable. She pointed out there are two exceptions: the site must be more than two acres and have more than one principal building. Smith stated she thinks this will allow for a good use while providing flexibility. She suggested language saying not all of the parking needs to be in front. Crosby asked if green space is included in the language. Benetti stated his preference for landscaping or green space instead of parking. Weir stated she supports some flexibility for green space but does not want to loose too much continuity of the building being located by the street. Council asked staff to draft revised language to allow flexibility for green space. Weir referenced Page 3, Subdivision 9, Impervious Cover, and suggested inserting language to allow increased impervious cover for lots that are not served by the storm water system if a green roof is installed. Benetti asked if the 90% or 20% threshold Medina City Council Meeting Minutes July 15, 2008 296 would be increased. Weir suggested the 20% threshold. Kellogg recommended caution because the storm ponds were sized based on all properties having 80% hard cover surfaces. He suggested language that addresses mitigating to the maximum of 80%. Crosby asked if that degree of detail is appropriate in this document since it is only one environmental technique. Benetti noted there are other LID techniques that can be used. Weir suggested green roofs be included in the LID or to allow flexibility with the 20% requirement with LID best management practices. Benetti noted the applicant would have to be able to prove the LID or BMP-results in that 20% reduction. Kellogg suggested general language saying "20% maximum subject to LID BMP or as approved by the City Staff" The Council agreed. Weir referenced Page 7, Building and Architectural Standards, (r), noting it relates to the same issue as the one just discussed allowing exception for larger lots and possible parking in front. Weir referenced Page 7, (s), Loading Docks, and suggested the words "or front" be deleted from the fourth line. She stated her preference to not allow loading docks facing Hamel Road or any other serving road. Benetti noted the language says the loading dock should not be facing the street side of the building. However, some the businesses do not have a loading dock and need to take deliveries from the typical front door. Johnson read the language and noted it is a bit contradictory. Smith noted that loading and loading docks are not the same. It also addresses that having a loading dock is optional so then it is talking about loading. Benetti suggested the title say "Loading Docks and Loading Areas." The Council agreed. Weir referenced Page 7, Subdivision 2, (t), Outside Storage of Commercial Vehicles, and asked if Medina wants commercial vehicles to occupy valuable street parking on a semi -permanent basis. Smith stated that she does not think it should be allowed, noting it could also be considered advertising. Benetti stated it is language carried over from the old ordinance. Johnson stated a floral shop will have a delivery van and they would have to be allowed to store their van within a reasonable distance of the store. Smith stated it couldn't be parked overnight on the street because it would be considered a sign. Crosby asked about adding language to indicate "no parking between 2-5 a.m." Belland stated that is done in the winter and Loretto does it on County Road 19. Crosby noted there are other ways to regulate overnight parking through the parking ordinance. Medina City Council Meeting Minutes July 15, 2008 297 Smith stated she does not support overnight parking on the street. Benetti clarified that it allows outside off street storage of one vehicle; that means it must be parked on their property. Weir referenced Page 6, in the red line version, and noted the language relating to Hamel Legion Park has been eliminated from this version. The language was in regard to trails in the park linking to the pedestrian system in Uptown Hamel. Benetti stated it is more of a generalized statement and not a requirement so it may not be needed in this ordinance. Crosby read the referenced section from the redline version. Weir stated the Hamel Legion Park trails should be linked. Benetti stated the Comp Plan includes language to require that trails are linked. Sonsalla explained that it was taken out of the Code because it regulated itself and flexibility was desired for the City without the need to amend the ordinance. Council consensus was reached to not include the reference to Hamel Legion Park. Crosby called a recess at 8:56 p.m. The meeting was reconvened at 9:02 p.m. Weir referenced Page 8, Residential Dwellings, (f) Parking, and said she would like to see LID practices favored in regard to parking lots so that the language "landscaped areas capable of infiltrating storm water" be given precedence over "landscaped islands." She stated this is a philosophy that Medina should turn to. Council supported this suggestion. Weir referenced Page 8, Subdivision 3, Residential Dwellings: (e) Underground Parking, and stated she would like to add the words "the `safety and' benefit of residents" so reasoning is indicated. Council supported this suggestion. Weir referenced Page 9, Subdivision 4, Public and Private Parking Lot Ramps: (e) Watering, and suggested it should say "provided" rather than "considered" so the language is stronger. Smith stated she does not want to encourage over sprinkling, such as every day. Benetti suggested it say "encouraged" because "provided" would mean it is mandatory. Crosby stated in the future people may support no sprinkling. Weir stated she is addressing survival of landscaping that is required by the City. Johnson noted there are other options for ordinances to regulate City sprinkling. Smith stated she supports a watering ban in Medina but no action has been taken to do so. Weir stated she wants to assure the City supports survival of the landscaping. Medina City Council Meeting Minutes July 15, 2008 298 Crosby suggested requiring irrigation if a reasonable low use plan is presented Benetti suggested language indicating "encouraged dependent upon design, species or size". Smith suggested adding "appropriately sized and metered." She stated she is talking about a meter that indicates whether watering is needed. Johnson stated there is a wide range of watering needs based on the plants so it would be difficult to regulate. Council supported changing the language to indicate "encouraged dependent upon the design and variety or species of plantings." Weir referenced Page 14, Lot, Setback and Building Size, and asked if you need a minimum height of two stories in commercial areas to give some continuity in mass and height with surrounding buildings of up to four stories. Council discussed buildings that have a false front and appear to be two stories when they are actually one story. Smith stated she would support requiring a front fagade that appears to be two stories that gives an "old town" feeling. Crosby stated he would prefer to indicate the City encourages it, but not as a requirement. Council agreed to include language to encourage a minimum of two-story building fagades. Weir referenced Page 15, Section 834.2.07. Design and Development Subdivision 2, (h) Outdoor Dining, Drinking and Entertainment Areas, and stated her interest in having restaurants with roof -top dining. She noted the language proposes to limit outdoor dining to one third of interior seating areas. But, rooftop dining is very popular in the summer and she'd like to see the area for rooftop dining expanded to fifty percent of inside seating. Crosby stated he does not support that change. He stated there is rooftop dining downtown for different reasons than would work in Medina. Smith noted Uptown Hamel is a small area and the City is trying to get the maximum use. She suggested it be indicated that the City encourages rooftop dining. Benetti stated staffs support to include the language to allow "not to exceed 50 percent." Crosby commented that it may cost substantially more to build a structure that supports rooftop dining. Benetti noted that it does not only apply to the rooftop, but would be any outdoor dining. Medina City Council Meeting Minutes July 15, 2008 299 Weir stated her support to specifically address rooftop dining areas. Benetti recommended that it only relate to outdoor dining and not specify rooftop dining. He noted that increased outdoor eating areas would also impact parking needs. Council supported changing the limit of outdoor dining area from one-third of the interior seating area to up to 50 percent of the interior seating area. Crosby asked if the Council is comfortable with the map. Smith stated she thinks the revised map works much better. Weir concurred and noted it takes the City closer to its goals. Crosby agreed it is consistent with providing a central area that is principally commercial. Crosby stated if the ordinance is adopted tonight, it has no effect until the map is adopted. Once the map is adopted, it does not take effect until the Met Council approves the Comp Plan. Then a public hearing is needed on the map. Sonsalla recommended, since there are a lot of requested changes, that the ordinance be redrafted for Council's review to assure all of the changes have been included. Benetti asked if the Council wants to maintain a residential density. He stated the 50% threshold will meet the City's density goals if the 10 units per acre threshold are maintained in the residential component, but it could be higher if the Council desires. The Council supported the 50% threshold and directed staff to draft a redlined version of the ordinance for consideration at the next Council meeting. 1. Resolution Authorizing Publication by Title and Summary This item will be on the next Council agenda. D. Water and Sewer Intercommunity Flow Agreement with City of Corcoran This item was considered earlier in the meeting. VIII. NEW BUSINESS A. Ordinance Regulating Special Events Adams explained that the ordinance would establish processes to respond to special events in Medina. Staff is looking for direction to approve the ordinance and publish by title and summary. Selland explained that over the years, events such as the Hamel rodeo, parades, and bikeathons have asked whether a permit is required but there is no ordinance to address these events. If the event includes outdoor music or a liquor license, they need a permit. However, the bike triathlon in Medina took 10-15 personnel to handle traffic but a permit was not required. Belland explained that this year with the Republic National Convention coming in, it needs to be seriously looked at. He noted if the President or a candidate visits Medina, it takes a lot of personnel hours and there is currently no way to recoup the man hour costs to handle roads and traffic for such an event. He advised that other cities have put ordinances into place to recoup their costs from the landowner who hosted the event. Medina City Council Meeting Minutes July 15, 2008 300 Crosby referenced Page 2 that mentions 300 persons. Belland stated a threshold had to be selected. Crosby stated he believes 300 is a lot of people and should require additional police. Sonsalla stated a permit is also required if any event requires special services, even if fewer than 300 people. Crosby stated a high school graduation party with 290 people would need no special services. Sonsalla stated that would be correct. Weir stated the question is whether the threshold should be lower than 300. Crosby asked about wedding receptions and suggested they be included along with the wedding ceremony. He asked Belland to consider whether 300 is the correct number or if it should be lower. Belland stated he could support lowering that number but noted with the current draft a permit would also be required if special services are needed, even if fewer than 300 people. Crosby noted the definition of "special event' and suggested it is a bit subjective. Sonsalla explained that the draft is based on the Minnetrista ordinance. Johnson stated a pony club rally with 80-100 people attending needs no police assistance because no food or alcohol is being served. He stated it would be odd if a permit was needed for such an event. Crosby referenced Page 4, Special Services, and suggested that most hosts will believe they do not need special services. He asked how it will be assured the City makes that determination and not the host. Belland stated with bigger events the City is notified if parking or traffic congestion are issues because they understand they need additional resources. However, high school graduation parties can also cause parking issues depending on the area and available parking. Crosby stated a permit is needed for a special event and a special event is an event that will require the use of special services, which is a judgmental exercise. He stated it seems there is too much discretion on the permittee in determining if they will need special services. Sonsalla stated they can better define special event, such as a parade or concert that requires special services such as additional parking. She pointed out the permit review section that addresses special events that will require a permit. Belland stated if special services are not being requested of the City (i.e., to block a road or use a parking area) then a permit would not be needed. Adams stated if an event is held and services were used, then the ordinance allows the City to bill that property owner for services used. Medina City Council Meeting Minutes July 15, 2008 301 Council consensus reached to reduce the number from 300 to 200, and add "receptions." Moved by Smith, seconded by Weir, to adopt the Special Event Ordinance Regulating Special Events, as revised. Motion passed unanimously. 1. Resolution Authorizing Publication by Title and Summary Moved by Weir, seconded by Johnson, to approve Resolution Authorizing Publication by Title and Summary. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT B. Mandatory Vacation Policy for Finance Staff Adams noted his staff report outlines the policy to mandate vacation for finance staff, as recommended in the Audit. Council consensus was reached to direct staff to prepare a policy mandating a one - week vacation for the Finance Director and City Administrator and defining a policy for the exchange of duties between other department staff. X. MAYOR & CITY COUNCIL REPORTS Adams reminded the Council of an upcoming workshop meeting on Thursday to address the topics of street analysis, street certificates, and budget implications. Crosby commented on legislation impacting green acres being applied only to areas that are farmed. Weir asked if it will impact Medina residents. Crosby stated he thinks it will disqualify some land areas. XI. APPROVAL TO PAY THE BILLS Adams responded to questions from Crosby about several payments. Moved by Smith, seconded by Weir, to approve the bills, EFT 000264-000271 for $28,991.51 and order check numbers 032648-032708 for $328,918.03 and payroll check number 020185 for $230.87 and EFT 501364-501396 for $44, 704.80, as amended. XII. ADJOURN Moved by Weir, seconded by Smith, to adjourn the meeting at 9:39 p.m. Motion passed unanimously. 07/11 T.M. Crosby, Jr., Mayor Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes July 15, 2008 302 This Page Intentionally Left Blank Medina City Council Meeting Minutes July 15, 2008 303 ORDER CHECKS June 27.2008 - July 10.2008 032648 VOID $0.00 032649 OFFICE OF CHILD SUPPORT $92.31 032650 ABDO, EICK & MEYERS $18,801.00 032651 ACCURINT $64.00 032652 AGGREGATE INDUSTRIES INC $2,100.67 032653 ASSURANT $537.80 032654 BOND & TRUST SERVICES $17,577.50 032655 BRYAN ROCK PRODUCTS $515.42 032656 CENTERPOINT ENERGY $464.75 032657 CHUNKS AUTOMOTIVE $1,066.61 032658 CITY FINANCIAL AUTO $8,015.11 032659 COLLISION CORNER $1,000.00 032660 COMMERCIAL ASPHALT CO. $3,578.82 032661 COUNTRYSIDE CAFE $577.76 032662 CULLIGAN $47.98 032663 DEEP ROCK WATER COMPANY $147.81 032664 ELAN FINANCIAL SERVICE $1,048.90 032665 ELM CREEK WATERSHED $5,724.71 032666 FRONTIER $59.10 032667 GALLS $80.92 032668 GOPHER STATE ONE CALL $600.35 032669 HAMEL BUILDING CENTER $251.96 032670 HAMEL FIRE DEPT. $33,208.95 032671 HENN COOPERATIVE SEED $146.95 032672 HONEST AUTO $169.93 032673 IMPACT MAILING $370.72 032674 KENNEDY & GRAVEN $4,534.09 032675 KNIFE RIVER CORPORATION $1,956.34 032676 KONICA MINOLTA (QRTLY $177.10 032677 LAW ENFORCEMENT LABOR $336.00 032678 LEAGUE OF MN CITIES $1,244.00 032679 LECY BROTHERS $10,000.00 032680 METRO.000NCIL ENVIRO. $14,603.86 032681 MN SEX CRIMES $340.00 032682 MN, STATE OF $270.00 032683 MORRIS ELECTRONICS INC. $1,314.00 032684 NAPA AUTO PART $138.75 032685 OFFICE DEPOT $53.72 032686 OMANN SHINGLE RECYCLING $1,022.40 032687 ON SITE SANITATION $575.10 032688 PARTEK SUPPLY INC $2,328.08 032689 PIONEER-SARAH CREEK $3,207.85 032690 PLYMOUTH, CITY OF $373.64 032691 PRUDENTIAL INSURANCE CO. $575.77 032692 SCHARBER & SONS, INC $222.77 032693 SCHOENING EXCAVATING INC $800.00 032694 SOUTH METRO PUBLIC SAFETY $1,500.00 032695 SPRINT(CAROLSTREAM) $291.90 032696 SPRINT/NEXTEL $669.48 032697 STREICHER'S $209.99 032698 SUN PRESS & NEWSPAPERS $125.46 032699 TALLEN & BAERTSCHI $2,805.02 032700 TIME SAVER OFF SITE SEC. $243.50 032701 T-MOBILE $31.62 032702 TRI-K SERVICES $41.54 032703 TWIN CITY WATER CLINIC INC $130.00 032704 VALLEY NATL GASES $42.49 032705 VALVOLINE FLEET SERVICES $215.72 032706 WEST SIDE REDI MIX $261.9 032707 XEROX CORPORATION $40.24 032708 BOND & TRUST SERVICES $181.535.58 Total Order Checks $328,918.03 Medina City Council Meeting Minutes July 15, 2008 304 E-CHECKS June 27.2008 —July 10.2008 000264E ACCLAIM BENEFITS- $192.30 000265E DELTA DENTAL $2,517.92 000266E ACCLAIM BENEFITS- $159.58 000267E PR PERA $10,264.23 000268E PR FED/FICA $12,324.92 000269E PR MN Deferred Comp $925.00 000270E PR STATE OF MINNESOTA $2,582.64 000271E FARMERS STATE BANK OF $25.00 Total E-Checks $28,991.59 PAYROLL CHECKS June 27.2008 —July 10.2008 020185 JOHNSON, DANIEL $230.87 Total Payroll Checks $230.87 PAYROLL DIRECT DEPOSIT June 27. 2008 - July 10. 2008 501364 ADAMS, CHAD M. $2,566.85 501.365 ANN,.KIMBERLY $468.42 501366 BARNHART, ERIN $1,280.30 501367 BELLAND, EDGAR J. $2,451.13 501368 BENETTI, TIMOTHY $2,008.00 501369 BOECKER, KEVIN D. $2,526.34 501370 CAVANAUGH, JOSEPH $230.87 501371 CONVERSE, KEITH A. $1,929.84 501372 CROSBY, THOMAS M. JR $327.07 501373 DAY, JEANNE M $1,895.95 501374 DINGMANN, IVAN W $1,607.74 501375 DOMINO, CHARMANE $1,448.90 501376 DRESSEL, ROBERT P. $1,231.39 501377 FINKE, DUSTIN D $1,383.31 501378 GREGORY, THOMAS $2,176.38 501379 HALL, DAVID M. $1,854.88 501380 JESSEN, JEREMIAH S $1,130.54 501381 KLAERS GROTHE, ANNE M. $608.51 501382 LANE, LINDA $1,206.96 501383 LEVER, GREGORY J. $1,669.25 501384 MAROHNIC, NICHOLAS $499.62 501385 MCGILL, CHRISTOPHER R. $1,698.35 501386 MCKINLEY, JOSHUA D $461.29 501387 NELSON, JASON $2,375.53 501388 PETERSON-DUFRESNE, $1,264.97 501389 PORTINEN, TERI $1,214.51 501390 REINKING, DEREK M $1,188.99 501391 SCHERER, STEVEN T. $1,837.30 501392 SMITH, CAROLYN A. $229.62 501393 VIEAU, CECILIA M. $1,039.29 501394 VINCK, JOHN J. $1,491.02 501395 WEIR, ELIZABETH V $230.87 501396 WUNSCH, JODI M $1.170.81 Total Payroll Direct Deposit $44,704.80 Medina City Council Meeting Minutes July 15, 2008