HomeMy Public PortalAbout08/19/08 CCM339
MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 19, 2008
The City Council of Medina, Minnesota met in regular session on August 19, 2008 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Cavanaugh (arrived at 7:28 p.m.), Smith, Weir, and
Johnson.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed
Belland, Planning Director Tim Benetti, Public Works Superintendent Steve Scherer,
City Administrator Chad Adams and Recording Secretary Carol Hamer.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
Crosby stated following the closed session there will be a discussion regarding
procedural elements in relation to the budget and special assessments on roads.
Budget deliberations to set the preliminary levy will be conducted at the September 2,
2008 City Council meeting.
Johnson indicated he will not be present at the September 2, 2008 City Council meeting,
as he will be out of the country.
IV. APPROVAL OF MINUTES
A. Approval of the August 6, 2008 Regular City Council Meeting Minutes
The following corrections were requested to the August 6, 2008 Regular City Council
Meeting minutes:
Page 3, Line 26: "...no different than a parking lot, it is like a drive area...
Page 4, Line 18: "...Holy Name has all the bases base work for the trail and parking lot
done..."
Page 6, Line 49: "...a similar request has been ic.cued denied in the past..."
Page 7, Line 18: "...She asked about Lot 2 and where the well will go with the
closeness of the septic system..."
Page 11, Line 24: "...he agrees with }prohibiting permitting solar panels..."
Page 12, Line 3: "...that a riding range ring is within..."
Page 12, Line 34: "...stated that most many Medina residents..."
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August 19, 2008
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Page 14, Line 40: "...stated there have been very few animal abuse issues but that the
humane society responded..."
Weir questioned if Page 17, Lines 14 and 15 are correctly stated in the minutes. It was
noted that Cavanaugh is not present at this time to verify the correct wording of his
statement.
Page 18, Line 36: "...and she wonders what is the recycling participation rate..."
Page 19, Line12: "...Randy's Sanitation wan:, should be encouraged to send out
coupons..."
Moved by Smith, seconded by Johnson, to approve the August 6, 2008 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A v orkc� Agrc t with Melrose Pyrotechnic lnc
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B. Resolution Approving Off -Site Gambling Permit to Hamel Lions at 3200 Mill
Drive
C. Resolution Approving Premises Permit for Off -Site Gambling at 500
Highway 55
D. Approve Change Order No. 1 to Well No. 7 Pumping Facility Project
E. Accept $50 donation from Residential Mortgage Group and Allocate to
Child's Identification Machine
F. Resolution Granting Extension of Time to File Final Plat for Walter G.
Anderson Addition Amending Resolution 2008-36
G. Approval of Internet Transfers with Farmers State Bank of Hamel
Adams asked to remove item 5A from the consent agenda.
Moved by Smith, seconded by Weir, to approve the consent agenda with the removal of
item 5A. Motion passed unanimously.
A. Approve Fireworks Agreement with Melrose Pyrotechnics, Inc.
Adams indicated Council has been provided with two addendums to the Fireworks
Agreement with Melrose Pyrotechnics, Inc:
1. Melrose Pyrotechnics, Inc. will search the fallout area immediately after the
display for any remaining product and debris. The fallout area will be raked to
pick up debris from the display. The Melrose Pyrotechnic personnel will box
and/or bag and remove the debris from their activities on the site.
2. Melrose Pyrotechnics, Inc. will allow an alternate date to be scheduled to a
mutually convenient date within 9 months of the contract date of September 27,
2008. The display must be shot prior to June 7, 2009.
Moved by Smith, seconded by Weir, to approve the Fireworks Agreement with Melrose
Pyrotechnics, Inc. with Addendum 1 and Addendum 2. Motion passed unanimously.
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341
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Madeleine Linck, Park Commission Member, stated the next Park Commission meeting
will be tomorrow. She reported the following: 1) Hamel Legion Park: the bubbling
boulder is bubbling and looks very nice. She encouraged residents to visit the park. 2)
Tomorrow evening at 6:00 p.m. prior to the regular Park Commission meeting there will
be an open house. Public comments are welcome on the plan for the concession stand
at Hamel Legion Park, which will be discussed at the regular Park Commission meeting
that night.
C. Planning Commission
Benetti reported on the following Planning Commission public hearings held on
Tuesday, August 12, 2008:
■ Hennepin County Public Works Facility PUD amendment request to add a 2.1
megawatt turbine and 55 foot high civil defense tower: The morning of the public
hearing staff received many emails and phone calls from residents expressing
concern with the wind turbine. The Planning Commission recommended on a 5-0
vote to recommend denial to the City Council on the PUD amendment which
essentially affects the wind turbine and civil defense tower. This item will be
presented to Council at the September 2, 2008 City Council meeting.
• Three Rivers Park District request for a CUP amendment at Baker Golf Center:
The Thee Rivers Park District has requested a CUP amendment for an
additional golf storage building on the site. The request was unanimously
recommended by the Planning Commission. This item will be presented to the
City Council at tonight's meeting.
■ Private Recreation Zoning District Standards: The three areas covered are the
two golf course areas and the YMCA campground areas. Comments were
received from surrounding neighbors verbally and through emails and letters.
The Planning Commission determined to forward this item to the City Council at
the September 2, 2008 City Council meeting under ordinance review.
Benetti stated there was also a brief discussion on the Mixed Use Zoning District.
VII. OLD BUSINESS
A. German Liberal Cemetery Association Request to Transfer Cemetery to
City of Medina
Adams stated that included in the Council packet is a memo summarizing the zoning
ordinance compliance of the German Liberal Cemetery (GLC), in the context of
discussions about the City taking over maintenance and/or administration of the
cemetery. Notice was made to neighboring property owners of the cemetery letting them
know that the City Council will be discussing this tonight. In addition, an article was
included in the City newsletter. Adams stated the major focus of tonight's meeting is to
get public input on consideration for the transfer of ownership and maintenance of the
cemetery to the City sometime in the future. The German Liberal Cemetery Association
(GLCA) considered the limitations discussed by the Council. Included in the Council's
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packet is a memo from the GLCA endorsing one of any combination of the following
limitations regarding the sale of burial sites: 1) immediate family
(parents/spouse/children) of existing owners only; 2) residents of Medina only; 3) open
sales for a specified period of time.
Adams stated this item is on the agenda tonight for public comment and discussion and
for Council reaction to the public comment and discussion. If Council is amenable to
consideration of the City taking over maintenance and/or administration of the cemetery,
staff will prepare a more thorough report outlining the steps and costs, and laying out a
management plan of such an option.
Crosby invited comments from a representative of the German Liberal Cemetery
Association. He asked whether the conditions laid out by staff are acceptable to the
Association. He noted the concept is of the City taking over the cemetery to keep it out
of disrepair.
Ann Thies, GLCA, stated the GLCA Board held a special meeting where they concurred
and recommended support of the options outlined at the last City Council meeting. She
explained a vote is still required by the Association.
Crosby asked who makes up the membership of the Association. Thies replied the
Association would include anyone who owns a lot at the cemetery. The current status at
the cemetery is 95 sold lots, 44 of which are occupied, 5 obstructed sites, and 210
available sites.
Crosby questioned how many individuals would likely show up for a vote if this issue
were to be put to a membership vote. Thies stated there would likely be approximately
10 individuals that would vote.
Smith questioned if there is a majority of members required to vote. Thies responded in
the negative. She indicated that voting can be done by proxy, which is permitted by
regulations.
Crosby inquired about the amount included in the perpetual fund and the anticipated
expenses. Thies replied the fund balance at the end of the month was $64,500. Duties
are completed by volunteers, although there is a contract for mowing that amounts to
$500 to $600 per year. Most of the major expenditures have been completed; the road
and other needed improvements were just completed. Friends and family plant flowers
in the spring and take care of them throughout the summer. There is not much to be
done other than lawn mowing and record keeping.
Crosby requested clarification as to the number of lots that are sold but not occupied.
Thies indicated there are 139 sold lots, 44 of which are occupied; 95 lots are sold but
not occupied. The selling price per lot is approximately $600.
Cavanaugh arrived at 7:28 p.m.
Smith noted a motion was made by the GLCA Board of support for the following: 1)
immediate family (parents/spouse/children) of existing owners only; 2) residents of
Medina only; 3) open sales for a specified period of time. She requested an estimate on
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the number of eligible people for the sale of lots. Thies replied the immediate family
eligible to buy a lot is minimal. Parents typically buy a couple lots or more if a child dies
and lots are often purchased in husband and wife combinations.
Crosby noted one issue would be the 95 owners that have purchased lots and whether
they would be able to purchase adjacent lots.
Smith clarified she would like to understand the potential number of lots that could still
be sold according to the agreements.
A member of the GLCA indicated currently there are three cremations allowed per lot.
Smith stated her position is interest in shutting the door as soon as possible.
Weir noted there had been discussion about a sunset date when the cemetery would be
closed, which is not mentioned in the letter outlining the Association's agreement to the
City's limitations.
Thies stated she believes the Association has been very professional on how the
cemetery has been run.
Smith stated the cemetery has greatly improved since she first came to the City.
Adams stated the Star Tribune West article discussed how other cities have taken over
private cemeteries like this. Staff has been in contact with three of these cities; some
have limitations on the cemeteries, and others have kept it open to the general public for
the lots to be sold.
Crosby invited members of the public to speak.
Jim Lane, 2605 Hamel Road, stated he owns property immediately east and southeast
of the cemetery property and has lived there for 36 years. Prior to the sale of property
immediately adjacent to the cemetery in 1981 he owned property on three sides of the
cemetery. Their proximity and interest in the use and operation of the cemetery has
been steady for a long period of time. They have communicated suggestions in written
form to the City this evening, and he requests that this memo be included in the record
of this discussion. If additional facts will be added he would defer his comments until
there are more complete facts on the table. Mr. Lane stated his preference, the
preference of his wife, and that of Marianne Sharma who lives immediately south of the
cemetery, is that the present commercial level of activity in the cemetery be terminated.
They believe that the commercialization of the cemetery in the mid 1990's was not a
well-advised business model. It was a poorly regulated decision at the City level. If the
City is being asked to take over the cemetery he suggests it has not worked out as well
as it was planned. They believe one solution would be to suspend operations and
maintain the cemetery in a dignified and respectful manner. Lane stated in 1996, prior to
the reopening of the cemetery, there were very few burial plots there with very minimal
burial activity. The cemetery sites date back into the mid 19`h century and include burial
sites of many people whose names are synonymous of the history of Medina. There was
little or no activity at the cemetery for a long period of time. As has been testified, the
cemetery became overgrown, but there was not significant burial or cemetery activity to
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speak of. In the mid 1990's a decision was made to plat or replat burial plots and sell
those lots, and a lot of them have been sold. Three to four dozen people have been
buried in the intervening years. This is his definition of commercialization. He suggested
an alternative or back up proposal would involve allowing interment of cremated remains
only on existing burial plots by immediate members of families who own those lots or
who are already buried there.
Cavanaugh inquired about the difference between burying someone versus cremation.
Smith pointed out a burial would involve a large coffin as opposed to small box or
container with a cremation. Crosby pointed out that a ceremony would be involved with
both a burial and a cremation.
Lane stated more expert testimony should be solicited from people in the business of
mortuary science regarding the differences. In his opinion, if his well was located 100 to
150 feet from the cemetery, the burial from human remains versus ashes would be a
significant difference. Fundamentally it is a public health issue.
Crosby requested information regarding the physical procedures regarding burials and
cremations. Thies stated the individual used by the Association to dig graves works at
many of the cemeteries in the area. A small backhoe is used to dig the grave site;
cremated ashes are required to be in a vault as well.
Smith pointed out that the difference would be between a small box and a large coffin.
Johnson noted under the current Association policy, three cremations can be included
on the same lot.
Wayne Popham, 2725 Hamel Road, stated he owns the property that adjoins the
cemetery on the west. When he first heard about the proposal that the City take over the
cemetery he assumed there were no funds to maintain the cemetery. His feeling was
that if the City Council decides this is something they should do he would not oppose it,
but he does not think the City should be operating the cemetery; if the City takes the
cemetery over it should be closed. Popham stated when he listened to the presentation
tonight and saw that it costs $500 per year to maintain the cemetery and there are funds
of $60,000 in reserves, he does not understand why the City would be asked to take
over the operation of the cemetery, so he has changed his feelings. He thinks if the City
decides to take the cemetery over the active use of it should be concluded and it should
just be maintained.
Crosby stated he agrees that the City should not be in the cemetery business. The State
Statute is designed to save historic cemeteries and keep them from going into total
disrepair. The reason this was presented to the City was not due to a lack of funds, but
because there has been a group of local residents that have been operating the
cemetery as volunteers for a long time and they see a time in the not too distant future
where there will be no successor volunteers. They would like to deal with it now while
the volunteers are still around as opposed to doing nothing, with the problem
descending on the City a couple years from now.
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Popham stated he would think if the City were to take the cemetery over next week the
number of volunteers that would continue to work would diminish immediately. The
appropriate time to come to the City to meet the purpose of the Statute is when the
funds are used or there are not volunteers.
Crosby noted there are issues such as could the cemetery state that they recognize the
95 lots that have been purchased, but that they are limited to cremations. Popham
stated he believes that persons who own property do so subject to changes in the law;
setbacks, and all of those things happen that government bodies find are in the public
interest. Limitations would be subject to whatever legal restrictions exist on the Council
taking over the cemetery.
Crosby stated he would be curious to know some of the experiences other cities have
had in this area. Adams indicated staff has not prepared a lot of information for tonight's
meeting. Additional information could be presented at a future meeting. He believes a
perpetual fund could be turned over to the City and put into a special revenue fund
where the funds would be dedicated only to perpetual care of the cemetery for future
maintenance costs.
Crosby stated his preference to work towards a sunset. He pointed out that with the
proposed commercial cemetery that wanted to go in on Highway 55, there were issues
such as the road being wide enough for funeral processions, public restroom facilities,
etc. This cemetery would fail on virtually all of those tests if it were to be looked at as a
cemetery today. He stated in his view this would be more to maintain a historic relic of
the City in a respectable way rather than being in the cemetery business.
Smith stated philosophically she has a problem with the City taking over the cemetery.
She understands taking over a historical site, which would mean no new activity. She
believes if the City takes the cemetery over it should be closed. In her view the only way
it would be acceptable is if the door is shut when the City takes the cemetery over. The
perpetual care will take more than just the $500 to $600 per year for mowing; there will
also be the need for an individual to show where the lots are located, etc. She stated the
parking is incredibly limited and the access is a relatively blind intersection. It fails every
one of the criteria the City has set for cemeteries. It is incomprehensible that the City
would consider taking over something that is not in compliance with the existing
ordinance and let it continue operating.
Johnson stated his sense is that this organization has come to the City in an effort to
plan. They see a problem in the future and would like to honor what they have done and
have a planned transition to a future state. It is a fairly simple matter for the Council to
say the City is not in the cemetery business and let the Association go on doing it. The
alternative in the Association's point of view is to continue to operate in the same
manner, and his sense is that will not make the residents around the cemetery happy.
He stated with all due respect as to whether the City should be in the cemetery
business, it seems there is a potential common good that would come from this.
Crosby stated his concern is if the City does not take the opportunity now that people
less concerned than the current Association could operate the cemetery. He questioned
if the cemetery would fall under a grandfathered situation. Batty responded in the
affirmative.
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Cavanaugh requested clarification regarding the sold plots. Batty replied the statute
states that lot owners are entitled to the same rights and privileges concerning their lots
after the transfer as if the transfer had not been made. There would be many details to
work out.
Crosby stated the City should look at the documents pursuant to which people are
buying the lots, and that the Association currently running the cemetery should either
stop selling lots or be very cautious going forward in selling lots.
Smith stated this cemetery violates every single regulation for cemeteries. She
understands that the cemetery would be grandfathered in, but it is one thing for the
current Association to do this and another for the City to take it over and continue to
operate it. It would be more palatable to say if the City takes it over the door will be shut
on more sales. She stated the City needs to honor the past and keep the cemetery in
good condition.
Adams stated staff is requesting direction on whether to prepare a more formal feasible
report on the transfer of the cemetery. He requested a collective consensus of the
Council on whether to proceed prior to going through a formal analysis on whether to
consider the transfer request with limitations.
Smith stressed the importance of clear limitations.
Adams noted the following options to bring back for Council consideration: 1) Shutting
the cemetery down; 2) An option outside of completely shutting down the cemetery.
Johnson noted this is linked completely to the rights held by the 90 individuals that have
purchased lots. This is the first step in the process, and if the rights are too broad the
City may not want to take them on.
Crosby suggested he be provided with questions about the cemetery business that he
can obtain information without paying for legal costs.
Council consensus was reached to direct staff to conduct preliminary research on a
transfer plan for the German Liberal Cemetery and get governing documents of the
cemetery as well as contracts with the owners of the lots.
B. Utility Agreement Between the City of Medina and City of Corcoran
Crosby stated he has read the redraft of the Utility Agreement and provided comments
to staff.
Kellogg provided an overview of the peak flow factor in relation to the Utility Agreement.
Mayor Crosby inquired about the capacity as this goes into Corcoran. Kellogg replied
the pipe is designed for considerably more capacity than included in this agreement. He
explained this agreement is limited to Phase 1; anything beyond the limits of Phase 1
will need to be renegotiated. Adams stated this pipe is sized for everything out to County
Road 19.
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Crosby questioned why the peak capacity in Phase 1 would be the flow capacity of the
pipe. Kellogg replied it is not; the ultimate capacity exceeds 248,000 gallons peak flow.
A portion of that capacity was assigned to this area; if it is exceeded there are triggers to
sit down and discuss this again.
Johnson calculated that approximately 2/3 or 3/ of the pipe capacity is being reserved
for Medina's use. He requested staff to provide Council with the percentage of the
allocation of the flow capacity.
Smith stated one of her major concerns is to have a limit so there is assurance that
there will be enough capacity for Medina's development, and it sounds as though this
has been addressed.
Adams provided clarification regarding Addendum 1. He outlined the area where the
City of Corcoran had requested a potential hookup if there were to be capacity available.
Staff said no; Exhibit A will only refer to the business park, and the cross hatched area
on the map will be struck. Including this area will require renegotiations and a formal
addendum to the contract.
The following changes were agreed to in the contract:
• 4.2.2: The connection charges will be consistent with the fee schedule
• 2.4: "...within its boundarioc corporate limits and shall maintain them in good
operating order pe in accordance with specifications..."
• 2.6: ""...in the same fashion as other users of the Medina's system."
• 2.8: "... within its boundaries corporate limits..."
• 6.2: "In the event that this Agreement is terminated, other than by default of
Media through an uncured fault...:
Adams explained the need for Medina to preserve future rights to access the trunk line
in the future. Easements may need to be obtained in the future to access the connector.
Kellogg suggested that Corcoran grant Medina the right to use 20 feet of their right-of-
way on Pioneer Trail for the extension of sewer and water
Council consensus was reached to direct staff to negotiate with Corcoran for an
agreement stating that Medina has the right to use Corcoran's easement in order to
connect to the trunk line.
Moved by Johnson, seconded by Weir, to approve the Utility Agreement by and
between the City of Medina and City of Corcoran with the above changes and that the
Mayor and City Administrator be authorized to execute the agreement with technical
changes. Motion passed. Cavanaugh abstained.
C. Preliminary Plat to Rearrange Lot Lines Between Two Existing Lots —
Luetmer and Druk, 2920 and 2930 Parkview Drive
Benetti stated the City Council discussed the preliminary plat for High Pointe Ridge 2nd
Addition at the August 3, 2008 City Council meeting and requested additional
information. The re -plat rearranges property Tines between two existing lots. He stated
updated septic designs were prepared to verify that the secondary site on Lot 1 was still
adequate and was not impacted by grading on the site. Additionally, two new sites were
identified for Lot 2, farther from School Lake.
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Benetti stated Gronberg and Associates prepared a comparison of the existing
topography within the Minnehaha Creek Watershed easement to what existed back in
2005 when this property was first involved in the subdivision process. He stated
Gronberg determined that the elevations were unchanged within the watershed district
easement, indicating no fill was placed in this area. Benetti noted that the Council also
discussed wetland fill, which occurred during construction of the home on Lot 1. Upon
review of the as -built survey this spring, staff had noticed that the grade was altered
within a portion of the wetland, which extends through the west portion of the property.
Staff required the applicant to quantify the impacted area, and approximately 30 square
feet of wetland was filled. This information was reviewed by the City's wetland engineer,
who responded that this amount of fill is considered de minimus under the Wetland
Conservation Act. Benetti stated the Planning Commission reviewed the application at
the July 8, 2008 Planning Commission meeting. The plat does not create additional lots
and appears to meet ordinance requirements. The Commission unanimously
recommended approval of the plat with the conditions suggested by staff. He stated the
applicant and Mr. Gronberg are present tonight.
Cavanaugh stated at the last meeting he asked about Site 1 due to the level of activity.
He expressed concern that the letter from Gronberg does not state that the site was
perc tested again.
Mark Gronberg, Gronberg & Associates, Inc., stated Rusty Olson looked at both of the
sites; a letter or report was issued to the City that said both of those sites were still
viable.
Cavanaugh questioned if the site was perc tested again. Mr. Luetmer, applicant, stated
the perc test was done at the time that they located the two septic sites for Lot 2. It was
verified that nothing had been disturbed and the perc testing was redone on Lot 1.
Benetti stated he can verify this. He and Dusty Finke went to the property and saw the
perc holes.
Johnson stated it has been a point of concern for him since he has been on the City
Council that developers hire contractors to do perc tests and survey work. This strikes
him as an innate conflict of interest. He suggested the Council consider a policy that the
surveyor or contractor doing the test is the City's agent, not that of the developer.
Kellogg indicated that staff verified the wetland fill. It was flagged in the field, had the
survey for pre -fill, and there is a letter on file stating this.
Crosby questioned if there is a list of individuals approved by the City to perform
engineering work. Kellogg stated any wetland work is reviewed by the City's consultant.
Crosby questioned if there is a list of individuals approved by the City to perform
engineering work in relation to septic systems and perc tests. Benetti stated septic
service providers are licensed by the State.
Johnson stated he would like to think that the surveyor completing the work has some
responsibility to the City. He expressed concern that in all cases when there are
developers in front of the City, the surveyor is working for the developer. Batty noted
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that the broader point being raised is that there are specific types of information that the
City verifies. The City requires that surveyors be licensed, and reviews the
documentation, but Bonestroo does not go out and conduct a survey. The City Engineer
does not double check all the survey work.
Johnson stated his support of a policy where the surveyor that is hired would be an
agent of the City. Crosby noted that this would make for affirmative representation to the
City.
Benetti explained that most developers that either present a site plan or a building .
permit are usually working with a state licensed and certified architect, engineer, wetland
specialist, or septic specialist.
Smith pointed out that just because an individual is licensed it does not mean they are
reliable, honest or ethical. She stated her support of continuing the discussion on the
policy suggested by Johnson.
Crosby directed Adams to discuss with Batty how to close the loop on obtaining
representation by a third party to the City as discussed above.
Smith requested that condition no. 5 be amended as follows: "The septic system and
alternate system for Lot 2 shall be located out of the conservation easement and as far
from the lake as practical to minimize impacts on the existing conservation easement
during installation and future maintenance."
Cavanaugh stressed the importance of the perc test. He questioned if approval can be
conditional on verification that the perc test was redone. Benetti replied that the
resolution still needs to be prepared. In that time it will be verified that all of the perc
tests are up to snuff. If there are any questions or concerns it will be brought to another
septic expert.
Smith clarified that Council should be presented with information showing that the perc
test on Lot 1 was redone. Cavanaugh concurred and stated Council should be shown
the results of the perc testing, not just a statement in a letter.
Moved by Weir, seconded by Cavanaugh, to direct staff to prepare a resolution for
approval with conditions as noted and condition no. 5 as amended above. Motion
passed unanimously.
VIII. NEW BUSINESS
A. Conditional Use Permit Amendment for Golf Cart Storage Building — Three
Rivers Park District (Baker Golf Course). 2935 Parkview Drive
Benetti stated Three Rivers Park District has requested approval of an amendment to
the existing Conditional Use Permit (CUP) for Baker National Golf Course to allow
construction of two.1,760 square foot structures to store golf carts. They also seek
approval for a small future addition to the clubhouse building for the purposes of building
an ADA accessible restroom and shower -room. Benetti stated the subject property is
zoned Public/Semi-Public, where institutional outdoor recreational activities are listed as
a conditional use. The original CUP was granted to the property in 1988, when the
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course was expended to 27 holes and the club house was constructed. Since that time,
a number of amendments have been granted, allowing additions to the clubhouse and
construction of various accessory structures for course maintenance. Staff suggests
integrating these amendments into one comprehensive CUP for the golf course
operations so that there is only the need to reference one resolution for the required
operational conditions.
Benetti stated Baker National Golf Course is located on two parcels, which are 529 and
156 acres in size. He reviewed the location of the golf course, the existing structures on
the site, and the location of the proposed golf cart building and restroom/shower-room
addition. Benetti provided an overview of the building details. He advised the proposed
structures and cart driveway increase the hardcover on the site by approximately 1,122
square feet. Runoff from the area runs predominantly overland to a retention pond near
the maintenance building for treatment.
Smith questioned if runoff will flow over -ground. Benetti replied he believes some will.
Staff discussed incorporating Low Impact Development (LID) techniques on the site,
including porous concrete or pavers. The applicant suggested doing landscaping under
the eaves and downspouts to help capture runoff. Benetti stated the nearest wetland is
over 1,000 feet to the southwest of the golf cart building location. The Park District
maintains a minimum of 20 feet native upland buffer around wetlands. Because of the
relatively small amount of disturbance, the distance from the proposed construction to
the nearest wetland, and because drainage is directed into a treatment pond, staff does
not believe the Upland Buffer requirements of the wetland ordinance are triggered.
However, the existing 20-foot buffers maintained by the Park District would meet the
requirements of the ordinance.
Benetti provided an overview of the considerations of the CUP Ordinance compliance.
He advised the Planning Commission unanimously recommended approval of the
amended CUP. The Commission recommended removing the condition from previous
CUPs that limited the maximum number of employees, which was a recommendation of
staff. The Commission supported allowing 5% additions to existing buildings as
recommended by staff, but recommended changing the language so it is clear that
numerous 5% additions could not be added over time. Benetti stated staff recommends
approval of the amended CUP with the conditions included in the staff report. Staff
suggests combining the conditions from the eight separate CUP resolutions and
including them in this approval. Staff also recommends a condition, which allows 5%
additions to existing buildings via an administrative review.
Council reviewed the architectural renderings.
Johnson suggested the addition of architectural elements to break up the expanse of
the long roof.
Smith stated she would like a guarantee that there will be landscaping incorporated to
absorb runoff. Benetti replied this will be a condition of approval.
Moved by Weir, seconded by Smith, to direct staff to prepare the CUP resolution for
approval with conditions as noted, and with the incorporation of design changes to break
Medina City Council Meeting Minutes
August 19, 2008
351
up the roof line and additional landscaping to absorb runoff. Motion passed
unanimously.
B. Septic System Assessment and Maintenance Program
Benetti provided an update on the Septic System Assessment and Maintenance
Program, including the following information:
• 80% of systems have been pumped and assessed (deadline was 8/1/08)
• 15 systems reported necessary maintenance being completed as a result of the
assessment, including replacing baffles and pumps
■ 11 replacement septic systems were installed since August 2008 (compared to 2
systems the previous year).
Benetti stated 145 property owners have not returned report forms as required. Notices
were sent to these property owners in August 2007 and May 2008. A number of notices
were returned as undeliverable, especially for houses that were for sale. Staff highly
recommends one final notice to property owners who have not returned the report with
an absolute deadline of September 30, 2008.
Benetti provided an overview of the following enforcement options:
1. Hire a septic pumper to enter the property, pump the tanks, assess the system,
and perform necessary maintenance.
2. Hire a septic inspector to conduct a compliance inspection on the system, "tag"
all non -compliant systems to be updated within three years.
3. Hire an inspector to conduct abbreviated inspections (without pumping tanks) to
verify that systems are not imminent health threats.
Crosby requested information regarding non -compliant systems. Benetti replied a non-
compliant system still operates but does not meet current standards.
Smith stated if a system is tagged by an inspector there should be a requirement that
the system is pumped.
Crosby asked what staffs feeling is regarding the 145 property owners that have not
returned the report form. Benetti replied these property owners are likely either ignoring
the notice, or in some cases some are being returned undeliverable when the houses
are for sale or vacant. Batty stated it would be fair to say that a good number of people
not returning the form are not having the tests done because they know what to expect
and do not want to know the answer.
Smith stated houses that are for sale should be required to pump the system if it is
needed. Benetti commented that the seller will often take care of the system as part of
the deal with the house sale.
Crosby asked if the City would have the ability to assess the owner on property taxes if
they were to proceed with option 1. He inquired about possible problems resulting from
going onto someone's property and interfering with their septic system that has not been
opened up for 15 years. Batty replied the ordinance provides the City the ability to
assess both the pumping and the inspection. There is some tweaking that would need to
be done with the ordinance. The ordinance does not require City inspection first; it gives
the option for the property owner to have someone else do the inspection. The problem
Medina City Council Meeting Minutes
August 19, 2008
352
would likely be as with any other inspection, the City would need to seek permission,
and if they are refused his advice would be not to go onto the property until receiving
some sort of administrative warrant. He does not know what problems might be caused
by opening up the systems; they may want to more fully evaluate this before doing that
on regular basis.
The meeting was recessed at 8:58 p.m. and reconvened at 9:05 p.m.
Crosby stated the notice should state that if there is no response by September 30,
2008 appropriate legal action will be taken to inspect the property and to assess costs of
doing so against the property owner as permitted by the current ordinance.
Batty requested the opportunity to work with staff and discuss the procedure step by
step.
Cavanaugh stated in his opinion systems that are tagged should be fixed within a certain
amount of time. Crosby noted that compliant systems that are still working would be
allowed 3 years. Batty advised that the ordinance provides distinctions in relation to
systems that are an imminent health threat.
Crosby inquired about oversight by the County in relation to septic systems. Batty
replied many cities refer to the County; some cities have a point of sale ordinance, which
Medina does not have. He explained that State law gives counties authority in this area
unless the city opts to take it upon themselves. Hennepin County requires that notice be
submitted every three years, but does not take any enforcement action unless there is a
situation such as sewage on the surface.
Crosby asked whether notices should be sent out via certified mail. Batty responded in
the negative. He suggested regular mail and hand delivery, and ultimately if people do
not respond staff will knock on the door and ask for entry.
Moved by Smith, seconded by Weir, to direct staff as follows on the Septic System and
Maintenance Program: Send final notices informing residents of the absolute deadline
date of September 30, 2008. The notice should reference the ordinance authorizing the
City to check the septic system. The preferred enforcement option of the Council is a
combination of Options 1 and 2 with a requirement to pump systems when necessary,
and with language included that appropriate action will be taken to complete the
inspection and to remedy health hazards. Motion passed unanimously.
Cavanaugh asked whether discussion is needed on the fee schedule. Benetti suggested
discussing the fee schedule at a later meeting after staff has discussed this with Batty.
Batty advised the fee schedule should be determined sooner rather than later; any costs
incurred by the City should be recovered.
IX. CITY ADMINISTRATOR REPORT
A. Uptown Hamel Parking Analysis
Benetti stated staff has completed a broad analysis of what parking needs may be for
this community. He reviewed the following information regarding the analysis:
■ Location of study
Medina City Council Meeting Minutes
August 19, 2008
353
• Existing parking
• Potential off-street public parking areas
There was discussion of potentially available property for additional parking.
Council consensus was reached to direct staff to determine available parcels and the
asking price for potential parking of such possible sites.
Benetti provided an overview of the assumed overall parking and land needs. He stated
staff will be looking closely at upping the retail parking requirements and also discussed
looking at a land to building ratio table. At this point staff does not think there are any
problems with parking; it will not likely be a problem until redevelopment begins.
Crosby noted that staff has completed the background work and will keep an eye on
parking needs. He stated his support of talking with Mr. Jacob's about cooperative
parking with the City if he comes forward to the City.
Weir inquired about staffs recommendation as a ratio for retail. Benetti replied other
communities could be looked at for examples. 250 sf/stall is very reasonable; 350 sf/stall
might be even more reasonable for this type of tight area.
Smith suggested looking at the office use parking ratio requirement also.
Weir suggested reviewing the ratio outside of the Uptown Hamel area as well.
Crosby suggested a review of parking requirements in the City of Wayzata. Smith
suggested a review of parking requirements in the Excelsior Grand area in St. Louis
Park.
B. Low Impact Design Implementation
Adams reviewed the following options for consideration on Low Impact Design (LID)
implementation:
1) Focus more on requiring or mandating LID in some areas and continue to go
through land use ordinances.
2) Prepare an LID ordinance; there is a variety of sample ordinances that could be
brought back to the City Council for review.
3) Be more proactive with public projects, such as more formally starting a rain
garden project.
Adams requested discussion from Council on how to proceed with LID implementation.
Weir stated in the Minnehaha Creek Watershed District, LID is a constant emphasis at
the TMDL and Watershed meetings. One area she is interested in looking at is a
reduction of road widths, particularly in subdivisions.
Smith stated her position that staff should have direction from the City Council to be
proactive with LID requirements when there are inquiries at the City. Johnson concurred
and stated his support in taking the next step to create this type of culture in the
organization, including staff, the Planning Commission and the City Council.
Medina City Council Meeting Minutes
August 19, 2008
354
Adams stated this topic will require staff discussion. There are many different methods
to be utilized, such as CUP's and PUD's, but some type of formal document would give
guidance.
Weir asked what is needed for staff to look into road width. Adams replied this will be
discussed by Engineering, including things that Bonestroo is doing to incorporate some
of these methods. The fire issue will need to be addressed as well.
Council consensus was reached to direct staff to look at options for implementation of
LID practices in the City's ordinances to be presented'to the City Council for
consideration.
C. Planning Director Probationary Status
Adams recommended that the probationary status of the Planning Director be extended
to January 21, 2009.
Moved by Weir, seconded by Smith, to extend the probationary status of the Planning
Director to January 1, 2009. Motion passed unanimously.
X. MAYOR & CITY COUNCIL REPORTS
Weir announced a League of Women Voters City Council / Mayor Candidate Forum is
scheduled for October 16th at the Hamel Community Building.
Smith announced a County Commissioner Forum is scheduled for Thursday this week in
the City of Plymouth.
Cavanaugh suggested that Medina Entertainment Center and Highway 55 Rental be
requested to post the forums on their reader board.
Weir suggested that the tracking dog demonstrations done by a local resident be
included in events at Medina Celebrations Day. Adams requested Council to provide
staff with additional items soon in order for the planning committee to consider them in
the event.
XI. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Johnson, to approve the bills, EFT 000284-000289 for
$26,488.36 and order check numbers 032800-032867 for $235,263.24 and payroll
check numbers EFT 501437-501469 for $44,218.22. Motion passed unanimously.
Crosby asked whether the large concepts still under discussion in relation to the
assessment program can be discussed further at the September 2, 2008 City Council
meeting. Adams replied the discussion can be continued at the September 2nd meeting
or a special meeting that would need to be held by September 15, 2008. He noted that
the special meeting on this topic was continued until after this meeting.
The meeting was recessed at 9:50 p.m. to allow the public, recording secretary and
camera person to exit the room.
XII. CLOSED SESSION: Labor Agreement with LELS Local #36
Medina City Council Meeting Minutes
August 19, 2008
355
Adams announced that Police Chief Ed Belland, City Administrator Chad Adams, Mayor
Tom Crosby, and Council members Carolyn Smith, Joe Cavanaugh, Elizabeth Weir and
Dan Johnson were entering closed session at 9:58 p.m. to discuss a police labor
agreement with LELS Local #36.
The Council reconvened the meeting into open session at 10:20 p.m. The Council
directed the City Administrator and Police Chief to continue negotiations on the labor
agreement.
XIII. ADJOURN
Moved by Weir, seconded by Johnson, to adjourn the meeting at 10:22 p.m. Motion
passed unanimously.
T.M. Crosby, Jr., Mayor C
Attest:
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
August 19, 2008
356
This Page Intentionally Left Blank
Medina City Council Meeting Minutes
August 19, 2008
357
ORDER CHECKS August 1.2008 - Ausaust 14.2008
032800 $92.31
032801 $150.00
032802 $57.00
032803 $2,142.84
032804 $419.99
032805 $104.59
032806 $275.00
032807 $218.50
032808 $52,059.05
032809 $36.26
0328.10 $261.95
032811 $1,777.50
032812 $80.00
032813 $8,015.11
032814 $2,977.01
032815 $47.98
032816 $30.00
032817 $75.85
032818 $1,063.75
032819 $1,012.62
032820 $9,423.88
032821 $35.00
032822 $500.00
032823 $59.15
032824 $52.30
032825 $931.88
032826 $108.02
032827 $328.01
032828 $78.19
032829 $24.95
032830 $600.04
032831 $1,564.60
032832 $102.22
032833 $200.00
032834 $9.84
032835 $24.45
032836 $781.21
032837 $64.95
032838 $40.00
032839 $8,619.77
032840 $1,806.75
032841 $14,603.86
032842 $204.00
032843 $1,510.40
032844 $633.17
032845 $225.00
032846 $15.00
032847 $583.20
032848 $3,058.64
032849 $45,012.45
032850 $575.77
032851 $591.30
032852 $54,919.12
032853 $228.77
032854 $5.00
032855 $364.91
032856 $266.25
032857 $57.48
032858 $73.80
032859 $5,996.49
032860 $374.06
032861 $31.62
032862 $130.00
032863 $51.17
032864 $179.69
032865 $566.92
032866 $8,725.07
032867 $27.58,
$235,263.24
OFFICE OF CHILD SUPPORT
ACCLAIM BENEFITS-
ACCURINT
AGGREGATE INDUSTRIES INC
AMERICAN TIRE
AMERIPRIDE LINEN & APPAREL
ASSOC OF TRAINING
BARCO PRODUCTS CO
BERGERSON CASWELL INC.
BUDGET PRINTING
CENTERPOINT ENERGY
CIPHER LABORATORIES INC
CIRCLE V SPECIALTIES, INC
CITI FINANCIAL AUTO
COMMERCIAL ASPHALT CO.
CULLIGAN
CURRY & ASSOC
DEEP ROCK WATER COMPANY
EHLERS & ASSOC
ELAN FINANCIAL SERVICE
FANNER ASPHALT SEALERS,
FITZCO, INC
FLEMMING, TIM
FRONTIER
GREEN LIGHTS RECYCLING
GREEN STUFF
HAMEL BUILDING CENTER
HENN COOPERATIVE SEED
HIGHWAY 55 RENTAL
HOSTI NGMI NNESOTA.COM
KONICA MINOLTA (COPIER
KONICA MINOLTA (QRTLY
LAKE BUSINESS SUPPLY
LANE, JAMES
LANGUAGE LINE
LAWSON PRODUCTS, INC
MAPLE PLAIN, CITY OF
MEDIACOM
METRO AREA MGRS.
METRO WEST INSPECTION
METROPOLITAN COUNCIL
METROPOLITAN COUNCIL
MILL CITY SECURITY
MINUTEMAN PRESS
MN CONWAY
MN-GFOA
MOTHERS MOTORS/LORETTO
ONE CALL CONCEPTS
ORONO, CITY OF
PEARSON BROS., INC.
PRUDENTIAL INSURANCE CO.
QWEST
RICE LAKE CONSTRUCTION
RICK JOHNSON DEER/BEAVER
ROGERS LIONS CLUB
SERVICEMASTER
ST JOSEPH EQUIPMENT INC
STREICHER'S
SUN PRESS & NEWSPAPERS
TALLEN & BAERTSCHI
TIME SAVER OFF SITE SEC
T-MOBILE
TWIN CITY WATER CLINIC INC
VALLEY NATL GASES
VALVOLINE
WESTSIDE EQUIPMENT
XCEL ENERGY
XEROX CORPORATION
Total Order Checks
Medina City Council
August 19, 2008
Meeting Minutes
358
E-CHECKS August.1. 2008 — August 14. 2008
000284E PR PERA 10,008.58
000285E PR FED/FICA $12,139.30
000286E PR MN Deferred Comp $925.00
000287E PR STATE OF MINNESOTA $2,528.18
000288E FARMERS STATE BANK OF $25.00
000289E ACCLAIM BENEFITS- $862.30
Total E-Checks $26,488.36
PAYROLL DIRECT DEPOSIT August 1, 2008 - August 14. 2008
501437 ADAMS, CHAD M. $2,566.85
501438 ANN, KIMBERLY $672.95
501439 BARNHART, ERIN $1,280.30
501440 BELLAND, EDGAR J. $2,446.78
501441 BENETTI, TIMOTHY $2,040.66
501442 BOECKER, KEVIN D. $2,680.64
501443 CAVANAUGH, JOSEPH $230.87
501444 CONVERSE, KEITH A. $1,677.81
501445 CROSBY, THOMAS M. JR $327.07
501446 DAY, JEANNE M $1,895.95
501447 DINGMANN, IVAN W $1,673.26
501448 DOMINO, CHARMANE $1,357.37
501449 DRESSEL, ROBERT P. $1,357.14
501450 FINKE, DUSTIN D $1,421.12
501451 GREGORY, THOMAS $1,829.85
501452 HALL, DAVID M. $1,854.88
501453 JESSEN, JEREMIAH S $1,229.20
501454 KLAERS GROTHE, ANNE M. $580.53
501455 LANE, LINDA $1,206.96
501456 LEUER, GREGORY J. $1,458.87
501457 MAROHNIC, NICHOLAS $499.62
501458 MCGILL, CHRISTOPHER R. $1,668.67
501459 MCKINLEY, JOSHUA D $497.64
501460 NELSON, JASON $2,051.92
501461 PETERSON-DUFRESNE, $1,264.97
501462 PORTINEN, TERI $1,212.28
501463 REINKING, DEREK M $1,198.97
501464 SCHERER, STEVEN T. $1,877.55
501465 SMITH, CAROLYN A. $229.62
501466 VIEAU, CECILIA M. $1,039.29
501467 VINCK, JOHN J. $1,447.17
501468 WEIR, ELIZABETH V $230.87
501469 WUNSCH, JODI M $1,210.59
Total Payroll Direct Deposit $44,218.22
Medina City Council Meeting Minutes
August 19, 2008