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HomeMy Public PortalAbout09/16/08 CCM385 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 16, 2008 The City Council of Medina, Minnesota met in regular session on September 16, 2008 at 7:06 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Cavanaugh, Johnson, Smith, and Weir. Members absent: None. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planning Director Tim Benetti, Public Works Superintendent Steve Scherer, City Administrator Chad Adams and Recording Secretary Carla Wirth. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Adams removed Item VII. Old Business, B. Hennepin County Public Works Facility — 1600 Prairie Drive — Amendment to Planned Unit Development General Plan for the Construction of a Wind Turbine Tower and Civil Defense Tower, and added Item VIII. New Business, A. United Properties Letter of Credit Release. Crosby explained that Hennepin County had asked that the wind turbine consideration be tabled and given Medina an extension to November 7, 2008. Moved by Weir, seconded by Smith, to approve the September 16, 2008 agenda as revised. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the September 2, 2008 City Council Meeting Minutes The following changes were requested: Page 3, line 29, it should state: "complete at Holy Name Park and dog signs..." Page 4, lines 16-29, summarize to indicate: "Shelly Eldridge, Ehlers & Associates, explained there was a competitive market and presented bids and rates for the acquisition..." Page 7, line 1, "...built in telescopic structures, had..." Page 8, line 19: "Noise is less of a problem with a single turbine versus wind farm data that was presented by some..." Page 9, line 5: "...County's case for negotiating with a utility not to have a clear answer..." Page 12, line 13, "...to prepare dual resolutions for approval..." Staff was asked to check the meeting tape to verify megawatt numbers on Page 6, line 8, and on Page 11, line 11. Moved by Weir, seconded by Smith, to approve the September 2, 2008 special City Council meeting minutes as amended. Motion passed unanimously. Medina City Council Meeting Minutes September 16, 2008 386 V. CONSENT AGENDA A. Approve Lake Minnetonka Communication Commission 2009 Budget B. Approve Independent Contractor Agreement for Street Sweeping Services C. Approve Independent Contractor Agreement for Street Striping Services D. Approve Independent Contractor Agreement for Music at Medina Celebration Day E. Lift Probationary Status for Public Works Maintenance Worker Derek Reinking F. Close City Hall on Monday, October 6, 2008 from 8 a.m. to Noon for Staff Training G. Approve Delta Dental Plan Change to Millennium Choice Enhanced H. Resolution Canceling 2008 Improvement Bond Lew I. Resolution Authorizing City of Medina to Request MN/DOT Cooperative Agreement Proiect for TH55 and CSAH 115/CSAH 116 Intersection J. Resolution Granting Extension of Time to File Final Plat for Walter G. Anderson Addition Amending Resolution 2008-36 Moved by Johnson, seconded by Weir, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Park Commissioner Ben Benson stated the Park Commission will meet tomorrow to discuss the Recreation Subcommittee concession stand issue and review ongoing projects. He commented on the progress of the Holy Name Lake Park and commended Public Works Superintendent Scherer and his crew for the progress made. He added that the fountain in front of the Community Center is something Medina can be proud of. C. Planning Commission Planning Commissioner Charles Nolan stated the Planning Commission had a surprisingly light agenda with no applications from the public. He advised of the Commission's discussion on the commercial industrial zoning district and bylaws, including how to deal with the more intense commercial industrial just outside downtown Hamel and whether those uses should be made nonconforming versus trying to craft or put all in one district or to deal with the uses separately. Nolan stated the Commission discussed the Tree Ordinance, four-sided architecture for commercial and industrial applications, and having applicants provide material samples. Crosby questioned whether the light agenda is due to economic conditions. Benetti stated staff is still getting active calls from developers and realtors but the one application received was incomplete due to missing information so it was not placed on the agenda. Medina City Council Meeting Minutes September 16, 2008 387 VI1. OLD BUSINESS A. County Road 201 (Homestead Trail. Parkveiw Drive) Turn Back Adams reviewed that Medina had adopted a Resolution in 2007 to request Hennepin County to consider turnback of Parkview Drive, Homestead Trail, and Hamel Road, and to consider other traffic calming measures for truck traffic. The County initiated a nine - month review process in the spring of this year and determined they were not interested in turning back Hamel Road to Medina. This summer, Hennepin County indicated they were interested in timing back Homestead Trail and Parkview Drive to the City. The Council decided to send notice to all parcel owners along those two roadways to notify them of potential costs should Medina own and maintain the roads over the next 30 years. Adams stated staff sent out that letter including hypothetical assessment policy information. The County has implemented precautionary signage on Homestead Trail to encourage traffic to not use Homestead Trail. Medina, through its building permit and development reviews, has limited truck traffic on certain City roads. The Council has also been reviewing the street assessment policy method. Adams noted there were questions about the Three River Park District and advised that for this analysis and letter, assessments were proposed to be levied against the Three Rivers Park District. Adams reported that seven letters were received by e-mail and provided to the Council tonight. He explained the action before the Council tonight would be to rescind or revoke the 2007 Resolution or determine an alternative approach and direct staff to start negotiations with Hennepin County for turnback of the roads. Crosby informed the audience that staff has proposed a schedule for capital improvements to Medina roads, which has never been done before. He explained that many of Medina's roadways are at their 20 to 30 year life so something now needs to be done. The City's focus has been on Willow Drive and Tamarack between County Roads 24 and 6. Crosby explained that the Council had proposed to start building a fund for road improvements so taxes would go up faster than otherwise; however, during the Truth in Taxation hearings last December there was a resounding lack of enthusiasm for that program so it was rescinded. It was suggested to bond for roads because payments would be payable over a 20 year period and payment would be consistent with the use. Crosby stated the Council is considering a bonding program and to assess a portion of the improvements to the residents who use the road. The governing assumption was that 25 percent of the cost would be assessed back to the property owners based on various theories. However, these economic consequences may not happen for a period of years. Johnson questioned the number of affected parties on Homestead Trail and Parkview Drive and percentages of respondents. Adams noted the second page of the letter shows 20 on Homestead Trail and less than 8-9 on Parkview Drive. Johnson commented on the need to gauge the percentage of residents who have provided input including written responses and those who speak tonight. Adams stated there were also a handful of verbal comments. Smith stated there have been six comments from Homestead Trail, one in favor and the rest opposed. Medina City Council Meeting Minutes September 16, 2008 388 Cavanaugh pointed out that the cost, over a 20-year period and averaged per year, would represent a 10 percent increase in the City's levy. He stated this means if the City takes back these two roads, the City portion of taxes for each person would go up by 10 percent. Crosby commented that the issue under consideration tonight is, unfortunately, the result of a landfill operation from the Highway 12 bypass that was initially unauthorized and not sufficiently policed. Subsequently, there was a larger fill on Leawood Farms where the permit issued designated the route to get to Leawood Farms and most of the fill was coming from the Highway 12 project. Crosby stated this problem was well documented and the City has worked to deal with it. Adams noted there were actually three fill projects going on at the same time, referencing the Woodlake Sanitary Landfill as the third. Wally Marx, 2700 Parkview Drive, owner of four PIDs on Parkview Drive, agreed with Mayor Crosby that the issue came up a year ago because of excessive traffic on Parkview Drive. He commented on the heavy traffic from tandem trucks, side dumper trucks, and trucks from Leawood Farms. The consequence resulting in changing Parkview Drive, which was smooth before and is now bumpy. Marx advised that since the hauling of fill has stopped and signs were posted, things have quieted down and while there is still some County traffic, there is no significant truck traffic. He estimated that if the City were to take back Parkview Drive, the top would have to be redone in ten years, again in 20 years, and there will be subcontractors out all winter to plow that one - mile stretch, also costing extra money. Marx showed pictures and described his driveway going onto Parkview. He stated he has talked to Hennepin County to request access but the County said he couldn't do that because the driveway has to be 100 feet from the crest of the hill for every 10 miles of speed. If the speed limit is 45 mph the driveway needs to be 450 feet away from the crest of the hill. Marx displayed additional pictures showing Stan Cory's driveway that is located closer to the crest of the hill and additional garden areas, noting none of the four driveways are 450 feet from the crest of the hill. He suggested the City talk to Hennepin County to point out these four nonconforming driveways and ask for a drastic reduction in the speed limit, maybe to 30 mph, and weight limits that will significantly reduce big truck traffic. Crosby stated Medina has asked for a traffic study. Adams clarified the request was for a speed study only on Homestead Trail, not Parkview Drive. Crosby explained that with a traffic study, they will suggest a "normal" speed and then set it at that rate, based on actual speeds. Crosby stated he is meeting with a Hennepin County Commissioner next week and this matter will be on his agenda. Margaret Buschbom, 1150 Homestead Trail, stated she lives in Orono but has access from Homestead Trail, a Medina road that contains a dangerous corner. She stated she would like to know exactly how it affects her four -acre property from County Road 6 to the Medina line. She stated trucks still come around at a very fast speed. She asked who pays for upkeep of the road and what she has to do to protect her property. Medina City Council Meeting Minutes September 16, 2008 389 Crosby explained that Orono will make its own decisions and if Medina chose to take back Homestead Trail, it could not do so without the cooperation of Orono. If taken back, it would be the responsibility of Orono to maintain their section of roadway road. Crosby suggested Buschbom talk with Orono and indicate she is aware of the issue being discussed by Medina and to tell them her position. Buschbom stated she did talk with Orono and they were not aware of Medina's meeting or discussion. She stated she needs to know what she can do if Orono is not invited to take part in this meeting. Buschbom stated she has lived there since 1960, likes her property, and is looking for a solution. Crosby stated he does not think Orono will do anything on their own initiative because there are only two Orono properties. If Medina chooses to not take back the roads, they will continue as County roads and there will be no change because Orono probably does not view this as enough of an issue to do so on their own. Smith explained that currently all County residents pay for the upkeep of the road because it is a County road. Buschbom stated it is a very dangerous situation for her and there have been near accidents. She stated she will "wake up" Orono if she needs to and bring up this issue. Buschbom stated she does not want to have to access County Road 6. Crosby stated if the road is taken back, Orono would pay for maintenance but he does not know about their road policy. He noted that Orono just paved Willow and he doubts it was assessed back to the land owners. Weir noted that Medina cannot control the speed on County Roads, but can make the request and the County has cooperated somewhat. Smith suggested Buschbom call her Hennepin County Commissioner, register a complaint, and request the Sheriffs presence on the road, on occasion. She noted that Hennepin County monitors that road and if they hear no complaints, will not be aware there is a problem. Cavanaugh suggested she also ask Orono Councilmembers to address the issue with Hennepin County. Amy Alworth, 1602 Homestead Trail, stated she has talked to her neighbors on Homestead Trail who are concerned about the assessments and wondering if Homestead Trail should handle traffic from all parts of Medina because it seems that the nuisance truck traffic was directed to Homestead Trail. She asked if truck traffic in Medina is welcome or not, and where. She also asked if Homestead Trail and Parkview Drive are the only north/south connector roads in Medina. Crosby explained if Medina takes back the roads, it would require Hennepin County to first put the roads in very good condition and deal with the issues Marx had talked about. With regard to the assessments, the Council had a great deal of discussion about the issue of fairness depending on which road you live on. Crosby stated he lives on South Willow Drive where a lot of non -Medina traffic cuts through. He explained that if Medina takes back Homestead Trail as a City road, Medina would probably put restrictions on it the same as Willow Drive and Tamarack. That is the only reason Medina would take it Medina City Council Meeting Minutes September 16, 2008 390 back, to place conditions and control the speed limit. Crosby noted the Council also thought of another possibility, to take back either Homestead Trail or Parkview Drive to "dent" the convenience of using those roads as a north/south route from one County Road to another County Road. Smith explained that with assessments, Medina can't assess for less than 20 percent and the Council has been talking about assessing at 25 percent. Tim Haislet, 1562 Homestead Trail, stated the issue of truck traffic came about because of moving the traffic from Willow Drive and Tamarack at the time when more construction was going on. He asked whether six of the letters are against Medina taking back the roads. The Council indicated that was correct. Haislet stated that Homestead Trail was built on a swamp and every three years the County is doing extensive work to dig out road sections, place rock, and rebuild. He stated he does not know why Medina would want to incur any of those costs at this point. He advised that last October there were so many trucks, you couldn't pull out of your driveway but when the signs were installed, it greatly reduced heavy semitruck traffic. Haislet stated he thinks Medina has corrected the problem and he does not know why it would want to take on those maintenance costs. Kellogg stated he understands most of the Highway 12 fill is now used. Crosby stated the cheap availability of fill from that road project caused most of this problem. Crosby stated he would like to exhaust all safety issues with Hennepin County to get the speed limit lowered before serious consideration is given to taking it back. He noted that Medina has a huge problem with roads and even if the City bonds, unless there is a big development to build up the tax base, it will be a problem. Cavanaugh stated again that taking these roads back from Hennepin County will result in an increased levy by 10 percent so City taxes to all residents would increase by 10 percent. Smith agreed the availability of dirt/fill caused the traffic issue and she believes that Medina needs an ordinance so when someone wants a permit to move a substantial amount of fill, Medina can direct the route that has to be taken. She stated she would like an ordinance put in place that has a substantial fine for illegal fill because it causes problems and ruins the City's roads. Adams clarified that Hennepin County does not set the speed limit on its own roads, it is done by MnDOT. However, Hennepin County may have more leverage in persuading MnDOT. Johnson stated this discussion started last fall because of resident's concerns with truck traffic. If those same residents are now saying the projects are over and the truck traffic is no longer offensive, then he thinks the City should not take the roads back. Robert Franklin, 2819 Lakeshore Avenue, stated he thinks it would be wrong to take back roads at this time. He explained that in the 1970s he served on the Council that negotiated with Hennepin County to get rid of the roads and they were happy to do so Medina City Council Meeting Minutes September 16, 2008 391 because they were 10 percent of Medina's roads at that time. Also, the Park District had wanted to acquire what was then Medina Golf at Parkview Drive and Hamel Road, and needed consent of the Council. However, the Council was reluctant to give up any more tax-exempt property so it was negotiated that they took over the roads and Medina gave up taxable land. Franklin stated the Park District should be a partner in this and play a role because of the park access road, golf course, and horse trail access. He agreed with Crosby's suggestion to involve Hennepin County Commissioners and elected representative on the Three Rivers Board. Franklin believed there may be further opportunities for signage to slow traffic for hidden driveways, wildlife crossings, horse traffic on south part of the road, and to slow traffic on Homestead Trail because it is a fatal accident road. Crosby asked if the Council would like to table further consideration pending discussions with Hennepin County Commissioners. Cavanaugh stated it is clear where he stands and he preferred to have a definitive nay or aye. Weir suggested the roads not be taken at this time and to reassess it in five years. Cavanaugh stated he does not support taking back the roads because it would have too large of a budget impact in future years. He felt it would be a mistake to put it on the table as a negotiation point, even in five years, and is interested in taking it off the table. Johnson noted it wasn't that long ago when there was a room of angry residents about the truck traffic and safety. That issue has been resolved and there is almost universal residential opposition to taking back the roads. The only other compelling issue is safety from truck traffic and it appears that concern has also gone away. Smith stated she wants to assure Medina follows up with Hennepin County and brings in the Three Rivers Park District to address speed limit reduction. Also, when people have illegal movement of dirt she wants Medina to institute a large penalty. She stated she would like to get answers from Hennepin County and the Park District related to safety issues within the next month or two. Moved by Cavanaugh, seconded by Johnson, to revoke the Resolution 2007-52 requesting the turn back of CR201 to the City and to keep the roads as County Roads because it has been deemed that taking back the roads will not necessarily resolve safety issues, and direct staff to work with Hennepin County and the Three Rivers Park District to address safety issues. Motion passed unanimously. B. Hennepin County Public Works Facility —1600 Prairie Drive — Amendment to Planned Unit Development General Plan for the Construction of a Wind Turbine Tower and Civil Defense Siren Tower This item was tabled upon adoption of the agenda. C. Ordinance Amending Section 826, Regarding Rural Residential Zoning Districts Medina City Council Meeting Minutes September 16, 2008 392 It was noted the Council had discussed this ordinance amendment at the August 6th meeting and it is being brought back for discussion at tonight's meeting. Benetti presented the ordinance, highlighting the changes made since the last Council review. Crosby asked if the deck regulation will apply to Independence Beach. Benetti stated it will not apply because Independence Beach is Suburban Residential. Johnson stated he thought they discussed how much water could infiltrate a horse arena, noting they soak up a lot of water. He suggested paddocks remain in the ordinance but an outdoor arena not be included because the surface is loose and not compacted. Johnson stated the language could be revised to strike "outdoor arenas" and say "other outdoor hard surfaces like paddocks." The Council discussed the need to provide more definition and include perc rates that constitutes pervious surfaces. Kellogg stated there are different degrees of pervious, depending on compaction. He stated there should be public data to identify pervious values and suggested including that type of criteria to calculate the full percentage of hard cover. The Council agreed with Kellogg's suggestion to include such criteria. Smith stated the goal is to control storm run off from downpour rainfalls and the rules could be written to say "no increased water flow off the property," which may solve that issue. Crosby stated that is covered under common law because you cannot direct drainage onto another person's property. Benetti stated his goal to assure the language is easily read and understood by anyone who accesses the ordinance. Planning Commissioner Nolan suggested the burden be placed on the applicant to demonstrate a percolation rate to a certain depth and then receive a credit towards pervious surface. The Council agreed with Nolan's suggestion to place the burden on the applicant and that paddocks are hardcover and riding rings are pervious. Benetti referenced Subd. 4, noting hard surface coverage was dropped down to 40 percent unless they incorporate Low Impact Design (LID) features or Best Management Practices (BMPs). Weir asked for an explanation of the next sentence indicating: "The surface coverage of all structures or buildings of any type shall not exceed [10%-15% - 20%-25%] of the total lot area." Benetti presented Exhibit A, noting some are for structures only and asked if structures only should be limited. He advised that the Planning Commission talked about including a structure requirement but maybe it's easier to address it through impervious restrictions. Smith stated her preference to include the building restriction because it would eliminate the construction of large accessory buildings. Benetti noted there are other restrictions Medina City Council Meeting Minutes September 16, 2008 393 to address accessory buildings. He suggested the hard surface coverage remain in the ordinance and delete the reference to surface coverage of all structures because it is too confusing. The Council agreed. Crosby asked about the definition of "wind turbine" and what Hennepin County is talking about. Attomey Batty advised that Hennepin County is talking about a wind energy conversion systems (WECS). Crosby suggested language be added to include "wind energy conversion systems." Benetti stated if that change is made and someone in Rural Residential and wants to put in a 1 or 2 megawatt turbine that meets the CUP standards, Medina would have to allow it. Attorney Batty suggested staff be allowed time to draft a definition. He noted the original definition dealt with systems people wanted to put on their property. Council discussed the size difference between personal and commercial sized wind turbines. Attorney Batty stated a size limitation can be considered. Staff was asked to create a definition for "wind turbine." Weir asked about the term "natural resource conservation systems." Staff was asked to determine whether this is a defined term and, if possible, streamline that language. Crosby questioned the term "passive recreational uses." Smith explained active recreational uses would include sports and games. Crosby suggested changing it to "private recreational uses." The Council agreed. Crosby asked about Page 4, Subd., 4, "excluding streets" noting sometimes it is a dedicated easement. Benetti stated the intent is to exclude rights -of -way to address when the residents owns to the middle of the roadway. Crosby suggested the wording be revised to indicate: "...the lot area, excluding road rights -of -way." The Council agreed. Benetti presented the revisions to Subd. 6. Smith stated the PCA defines a horse paddock as a feedlot. The Council agreed to add "Feed lots, runs, pens, paddocks and similar..." to Subd. 6 because it is hard surface and sheds water. Benetti noted the inclusion of LID and BMPs to Subd. 6. The Council discussed Subd. 8, Animal Unit Density Standards. Benetti asked if requests to exceed these standards should be considered under CUP standards. The Council agreed, noting there may be instances where the number of animals can be increased in a proper way. Crosby referenced Section 826.98, Subd. 2 (i) noting the minimum lot size should be 10 acres (not 15 acres) and (ii) should indicate: "a minimum of 1 arazable acre." He stated it should be based on the number of animals being requested. Batty stated all standards are from the RR-2 district and the Planning Commission handcrafted that Medina City Council Meeting Minutes September 16, 2008 394 language. Crosby stated in subpara. (x), he thinks 10 feet is an adequate distance for separation of paddocks. Weir requested language be incorporated into Section 9 indicating: "pasture management practices, meeting standards of the PCA, to maintain the healthy growth of grass." The Council directed staff to include that language after the animal unit standards and also reference it in Section 826.98. Cavanaugh referenced Section 8, Grazable Acres, and asked what prevents a half -acre lot from having some chickens and a couple of pigs. He asked where is the stop loss to assure something doesn't happen on a quarter acre or half acre lot. Smith noted you need to have two grazable acres to have one unit animal. Batty stated you cannot have a horse but Cavanaugh raises a good point whether a fraction of an animal unit can be on less than an acre. Smith pointed out that the "grazable acre" area cannot include a house or building, it must be grazable. Batty suggested staff work on the language to provide more clarity. Smith noted if you have a barn it must be 150 feet from the lot line so that will eliminate many lots since you will probably need a lot that is more than 310 feet wide. She stated the barn is the limiting factor. Pat Velch, 1855 County Road 24, stated she likes animals and is sorry Medina has to take the road" Orono has used. She stated concern with allowing three horses for five acres plus being able to get a CUP for more horses. She asked how would someone ask to have four horses on five acres. Crosby stated the acres must be grazable. Benetti noted the CUP requires a minimum of ten acres. Velch stated she is a realtor and noted that it can take up to four months to get a CUP and a buyer won't wait that long. She asked how many places in Medina have been in violation. Crosby explained the Council is considering this ordinance amendment to address concerns with having too many animals in large accessory buildings as well as small lots. He explained that a property owner may have received approval to construct a large accessory building for a limited number of animals (not using the building to capacity) but the property is then sold and the new owner wants more animals than the land can support, especially if there are acres of wetland. On the other end of the scale, is the potential for a property, like the one on Willow Drive with a barn and a couple paddocks, to have too many animals. Weir stated there is also a water pollution concern due to degraded waters like Elm Creek and Lake Independence. She noted that when there are a lot of horses in a concentrated area and bare dirt, pollution leaches into the waters. Crosby recessed the meeting at 9:02 p.m. The meeting was reconvened at 9:08 p.m. The Council agreed to add CUP standards and have staff clarify language on animal units also considering whether the animal needs a structure. Medina City Council Meeting Minutes September 16, 2008 395 Benetti continued review and explanation of the ordinance revisions, advising that the sections revised will be updated to reflect the RR standards. Benetti displayed the Hunter's Farm area noting the lots that do not meet the RR-1 standards for a five -acre minimum or 150-foot setback for barns. There are currently six active barns with horses out of the 39 lots. He suggested this be left as an RR-1 district and revisited in the next ten years. Benetti stated this could be a variable single-family residential district in the future. Smith stated the animal units need to be addressed. Benetti stated they are already regulated. Attorney Batty explained that Hunter's Farm was an existing neighborhood and because of parcel width, no one could meet the setbacks for a barn so a special district was created. Crosby asked if a "sunset clause" can be created for Hunter's Farm so that any new owner after 2010 cannot maintain animals. Attorney Batty stated an amortization of a non -conforming use may be a legal problem. He stated staff struggled with this issue because it was a spot zone and the Council wanted staff to analyze the consequences of making this an RR district. The consequence is that six of the properties would become nonconforming because of the barn setbacks. He stated that he does not condone spot zoning but asked if there have been any issues with these properties since the area was built. Weir asked if the City can legally write an amortization clause that takes place when the next Comprehensive Plan update is done. Attorney Batty stated he will look into that option and advise Council of his findings. Benetti reviewed revisions made to Section 826.26.1, Rural Residential-2, which are reflective of recent actions. Cavanaugh asked why the use is not grandfathered-in. Attorney Batty stated this was created a number of years ago to address a request through spot zoning. Crosby asked if this Ordinance amendment would take effect with the Comp Plan adoption. Adams stated this Ordinance would take effect immediately upon adoption. Attorney Batty recommended this Ordinance be adopted and go into effect now because it contains nothing that will be impacted by the Met Council decision. Council consensus was reached to direct staff to make the changes discussed tonight and then place the Ordinance amendment on the Council's Consent Agenda for adoption. 1. Resolution Authorizing Ordinance by Title and Summary This item will be considered at the next Council meeting. D. Ordinance Amending Sections 825.07. 825.19, and 826.98. Regarding Definitions, Accessory Buildings and Conditional Use Permit Standards Benetti presented the changes made to the Ordinance based on Council's direction. Medina City Council Meeting Minutes September 16, 2008 396 Batty suggested a revision to Section 825.07, Definitions, Subd. 47.1, Grazable Acres, to indicate: "...or other vegetation which can support grazing..." This would remove the words "agricultural crops." The Council agreed. Crosby referenced Section 825.19, Accessory Buildings, Subd. 2, and suggested the two commas in the third line be removed so it reads: "...agricultural use or farming is at the discretion of the City the primary use..." He also suggested that Subd. 5 and 5 be combined. The Council agreed. The Council indicated that loafing sheds must meet the 150-foot setback requirement. The Council agreed with Weir's suggestion to reword Subd. 10, to indicate: "...be limited up to 300 square feet in size and meet the setbacks for structures used to house or exercise animals in the zoning district in which they are located. Crosby stated he does not support allowing freestanding solar panels. He asked why solar equipment is included. Benetti stated it was a CUP but changed to accessory use in this amendment. Crosby stated he supports allowing freestanding solar panels by CUP if not within so many feet of a house. Smith asked whether the issue is getting the panels away from lot lines. Weir stated it is a larger issue than that and could be like viewing the back of a billboard. Smith stated if it is far enough away from the neighbor's lot line, it addresses the concern of view. Johnson stated there is new solar technology including thin film application that can be used on roof and deck areas. Benetti stated that most people will want the solar panels located close to their home and probably prefer they are affixed to the house. The Council decided to make no change with this language. Council consensus was reached to direct staff to make the changes discussed tonight and then place the Ordinance amendment on the Council's Consent Agenda for adoption. 1. Resolution Authorizing Ordinance by Title and Summary This item will be considered at the next Council meeting. VIII. NEW BUSINESS A. United Properties Letter of Credit Release Adams advised that United Properties is requesting release of their letter of credit; however, there are outstanding issues so staff recommends they post a $60,000 replacement letter of credit or cash to serve the same uses and terms as the current letter of credit. United Properties prefers to provide cash. Batty stated he did not understand why they couldn't submit another letter of credit but if they submit cash it would be segregated from other City funds. Crosby suggested a Medina City Council Meeting Minutes September 16, 2008 397 separate account be opened for the cash to eliminate any problem with accounting. Batty stated he will talk with staff about how to best deal with it, noting that accepting another letter of credit would not create any of those problems. Crosby stated the bank may require cash or the equivalent to get the letter of credit so it may be less expensive for United Properties to submit the cash to the City. Moved by Weir, seconded by Smith, to direct staff to draft an agreement with the costs to be paid by the applicant. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT A. Truth in Taxation Budget Insert Adams presented the draft 2009 Proposed Budget insert, noting the chart needs to be updated because the tax rate was reduced. He explained the City needs to send the insert to Hennepin County by September 30t1, Weir stated she likes the accessibility of the information that is clearly presented and had a few suggestions on wording. Crosby stated he also had some suggestions to assure the information is easily understood by Medina's residents. Johnson suggested the backside of the insert be used for a comparative analysis of Medina taxes with other communities. Adams stated he will verify if that is an option but thought that the County restricted Medina to using just one page. Johnson suggested that last year's numbers be included. Crosby stated he thinks it is critical to include the numbers and clearly state that their taxes are not increasing by the maximum levy rate. Johnson suggested the base tax and special levy numbers be specifically stated. Crosby stated his suggested language includes that information. Crosby stated he will provide Adams with his suggested language so it can be drafted and provided for the Council's review. Crosby stated he showed this insert to Bob Franklin who pointed out it does not take into account the assessed valuations. Smith stated that the Anoka County website includes an explanation including assessed valuations and she will provide that information to staff. Johnson suggested stating in simple terms what the tax increase would be to assure it is easy to read and provide a reference point so residents can calculate what their tax increase would be. Crosby agreed the percentages, as currently stated, are confusing. B. Schedule Special Meeting for October 7.2008 Adams recommended scheduling a special meeting to discuss the street assessment policy and Highways 55 and 116 intersection. The Council discussed the time needed to discuss these two issues. It was noted that three 2009 street projects may be assessed. Medina City Council Meeting Minutes September 16, 2008 398 Smith asked staff to review the numbers and see if the projects can be slid back. She stated she does not support a new road on Hunter or Willow until there is a development project to support it. She would like to know if there are other options to buy time until development comes in that can pay for it. Weir asked if a section of Willow South over the stream can be done through the City's budget. Kellogg noted that Hunter and Willow are not on the schedule for next year. Smith stated she does not want to do overlays each year and constantly have assessment hearings. She stated it would be better if overlays can be funded through the general budget, noting it will be difficult to come up with a fair way to assess projects in rural areas because other people are also using the roads. She stated she is not convinced Medina can't do something different and thinks the Council should re -look at it because there will not be resident support for the projects. Adams noted the City has already pushed out the projects by one or two years. Smith stated she wants it looked at with "new eyes." Adams stated staff has already done that several times and can do it again, but that a philosophical decision has to be made at some point. Cavanaugh stated the overall philosophy needs to be addressed and he thinks it has to be done through special assessments. Smith asked Kellogg and Scherer to look at it again to see if there are alternatives to manage the roads until the population growth is there to support it. Kellogg asked if rural collector roads are the issue. Smith answered in the affirmative. Moved by Weir, seconded by Cavanaugh, to schedule a Special Meeting for Tuesday, October 7, 2008, at 5:30 p.m. in City Hall. Motion passed unanimously. Adams reported there is a ballot recount for the Supreme Court Justice. Adams stated the newsletter will be going out next week and asked for articles. X. MAYOR & CITY COUNCIL REPORTS It was noted Council office hours on Saturday, September 20, are from 9-10:30 a.m. Weir advised a resident has been calling her for two years about an illegal business being run from a residential neighborhood involving large snowplow trucks. She stated Staff looked into it and the resident is very impatient to have it resolved before the winter season when plowing starts again. Weir asked how this can be resolved. Adams explained that staff has been working on this situation for two years and it has been improved in some instances, but is reviewing again. He stated staff looked at the property recently and didn't see an immediate violation so staff will need to better monitor the property and catch violations. Medina City Council Meeting Minutes September 16, 2008 399 Weir asked if you can't do anything about it unless you catch them "red handed." Adams explained you need permission to go onto the property to view it. Adams stated there are a handful of other properties in Medina with similar issues and staff is trying to address all of them at the same time, not just this one. Staff is working with them, people are complying, and if not staff will come to the Council to discuss enforcement action. Weir asked if staff can knock on the door and request permission to look at the premises. Batty stated if staff can get permission they can gain access to the property. Smith stated it appears Weir's point is that two years is too long. Adams explained there is a pattern and past history in Medina of not requiring compliance with other properties, such as in Uptown Hamel, but staff has been working on this issue. Smith asked if the Council supports staff requiring compliance. Adams stated staff has received direction from the Council to vigorously enforce violations but staff needs to be assured the Council will require compliance. Adams stated there are not only commercial home occupations in residential areas but also violations with junk vehicles and other equipment. Crosby stated that home occupations involving lawn care businesses need to be told it has to cease and desist now that the season is coming to a close. Weir agreed and noted that allowing these violations results in devaluation of properties in those neighborhoods. Johnson suggested staff draft a list of non -conforming uses so they can be monitored to assure they are resolved. Crosby stated his concern with having that information at the Council level because it is then public information. Benetti stated they are actively pursuing the noticeable violations like junk vehicles. Weir asked if a complaint gets priority. Benetti stated it depends on the level of violation and if they are caught with the violation. He explained if an attempt is made to meet with a property owner and discuss the violation in a frank manner, it can usually be resolved. E. Uptown Hamel Adams provided an update on the Uptown Hamel project, advising of the problem with putting in utilities where sidewalks need to be installed and poles removed. Kellogg advised of his work with Xcel to get the sidewalks completed and stated staff will do whatever it can to expedite the project and get work done this fall. Weir stated there was also a complaint of a crack in the intersection. Kellogg stated the City will not accept the project until the repair is made if needed. XI. APPROVAL TO PAY THE BILLS Moved by Johnson, seconded by Smith, to approve the bills, EFT 000304-000310 for $35,332.90 and order check numbers 032920-033012 for $321,835.74 and payroll Medina City Council Meeting Minutes September 16, 2008 400 check 020189 for $230.87 and EFT 501499-501531 for $43, 813.44. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Crosby, to adjourn the meeting at 10:25 p.m. Motion passed unanimously. 1" �C T.V. "Crosby, Jr., Mayo Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes September 16, 2008 ORDER CHECKS August 29.2008 - September 11.2008 401 032920 032921 032922 032923 032924 032925 032926 032927 032928 032929 032930 032931 032932 032933 032934 032935 032936 032937 032938 032939 032940 032941 032942 032943 032944 032945 032946 032947 032948 032949 032950 032951 032952 032953 032954 032955 032956 032957 032958 032959 032960 032961 032962 032963 032964 032965 032966 032967 032968 032969 032970 032971 032972 032973 032974 032975 032976 032977 032978 032979 032980 032981 032982 032983 032984 032985 032986 032987 032988 032989 032990 032991 Medina City Council September 16. 2008 HEALTHPARTNERS $20,195.80 OFFICE OF CHILD SUPPORT ENFORC $92.31 ACCLAIM BENEFITS-MO.ADM.FEES $81.00 ACCURI NT $65.50 AGGREGATE INDUSTRIES INC $1,450.52 ALDEN POOL & MUNICIPAL SUPPLY $856.78 AMERICAN SUPPLY GROUP $105.54 AMERIPRIDE LINEN & APPAREL SVC $207.59 BAER, DOROTHY A. $105.00 BENSON, DIANN $90.00 BREITBARTH, BERNIECE $85.00 BULACH CUSTOM ROCK $10,896.00 CENTERPOINT ENERGY $212.42 CIPHER LABORATORIES INC $1,515.00 COMMERCIAL ASPHALT CO. $1,187.85 CULLIGAN OF BUFFALO $221.43 CULLIGAN-METRO $117.63 DALBEC, DEBRA $85.00 DEEP ROCK WATER COMPANY $212.92 DEGMAN, ELEANOR $160.00 DELL MARKETING L.P $2,252.08 ELAN FINANCIAL SERVICE $497.73 ELECTION SYSTEMS & SOFTWARE IN $26.82 ELECTRON HERDERS $155.02 ENTERTAINMENT TODAY INC $400.00 ESS BROS. & SONS, INC. $1,107.60 FLAIG, CALVIN A $50.00 FLAIG, SHARRIE $165.00 FRONTIER $59.15 FRY, BEVERLY $170.00 GARBERICK, MARGARET $85.00 GARY'S DIESEL SERVICE $621.95 GOEDDERZ, JAY $80.00 GRAMERCY CLUB ELM CREEK $8,394.88 GREENE, LEONARD $85.00 GREGOR, PATRICIA $90.00 HACH COMPANY $151.82 HAMEL BUILDING CENTER $56.43 HD SUPPLY WATERWORKS $8,891.90 HENN COOPERATIVE SEED EXCHANGE $617.66 HENN COUNTY TREASURER $196.64 HENRYS WATERWORKS INC $4,705.51 HIGHWAY 55 RENTAL $123.04 HONEST AUTO $40.00 HOSTINGMINNESOTA.COM $24.95 I DESIGN $684.88 INTERFAITH OUTREACH $5,000.00 KEARIN, MARJORIE GAY $105.00 KITZMAN, SALLY $85.00 KNIFE RIVER CORPORATION $203,305.23 LAW ENFORCEMENT TECH. GROUP $1,638.38 LAWSON PRODUCTS, INC $98.86 LEAGUE OF MINNESOTA CITIES $4,311.00 LEUER, GREG $180.00 LONG LAKE, CITY OF $163.30 METRO.COUNCIL ENVIRO. SERVICES $14,603.86 MINNEAPOLIS DEPT.HEALTH&FAMILY $40.00 MINNETRISTA/ST BONI CRIME FUND $65.00 MN HWY SAFETY & RESEARCH CTR $1,830.00 NAPA AUTO PART $144.93 NELSON ELECTRIC MOTOR REPAIR $3,671.16 OFFICE DEPOT $206.51 OLKON, ELLIS $90.00 ON SITE SANITATION $575.10 ONE CALL CONCEPTS $543.00 PITNEY BOWES $112.17 PITNEY BOWES POSTAGE BY PHONE $750.00 PLYMOUTH, CITY OF $628.89 PRUDENTIAL INSURANCE CO. OF AM $575.77 QWEST $591.30 RAINBOW PARTY ARTS $100.00 RILEY, JOHN $180.00 Meeting Minutes 402 032992 SCHARBER & SONS, INC $29.02 032993 SCHMIDT, KATIE $165.00 032994 SCHNEIDER, SHIRLEY $90.00 032995 SIGNS UNLIMITED $444.67 032996 SIVETS, COLLEEN $85.00 032997 STREICHER'S $686.89 032998 TALLEN & BAERTSCHI $4,833.28 032999 T-MOBILE $31.62 033000 UPTOWN HAMEL INC $50.00 033001 VALLEY NATL GASES (TVVINCITYOX) $51.17 033002 VALVOLINE $180.98 033003 VAN BUREN, RONALD $85.00 033004 VELCH, PATRICIA A $180.00 033005 WAYZATA, CITY OF $20.00 033006 WHITE, JANET $90.00 033007 WILE, WENDY $80.00 033008 XCEL ENERGY $7,354.72 033009 XEROX CORPORATION $27.58 033010 ZONNEVELD, CHRISTINE D $80.00 033011 ENTERTAINMENT TODAY INC $400.00 033012 RAINBOW PARTY ARTS $410.00 Total Order Checks $321,835.74 E-CHECKS August 29. 2008 - September 11. 2008 000304E ACCLAIM BENEFITS-FSA DEPT. $6,571.52 000305E PR PERA $9,988.00 000306E PR FED/FICA $11,976.86 000307E PR MN DEFERRED COMP $925.00 000308E PR STATE OF MINNESOTA $2,472.97 000309E FARMERS STATE BANK OF HAMEL $25.00 000310E ACCLAIM BENEFITS-FSA DEPT $3.373.55 Total E-Checks $35,332.90 PAYROLL DIRECT DEPOSIT August 29. 2008 - September 11, 2008 501499 ADAMS, CHAD M. $2,651.09 501500 ANN, KIMBERLY $580.60 501501 BARNHART, ERIN $1,280.30 501502 BELLAND, EDGAR J. $2,446.78 501503 BENETTI, TIMOTHY $2,008.00 501504 BOECKER, KEVIN D. $2,087.51 501505 CAVANAUGH, JOSEPH $230.87 501506 CONVERSE, KEITH A. $1,747.34 501507 CROSBY, THOMAS M. JR $327.07 501508 DAY, JEANNE M $1,895.95 501509 DINGMANN, IVAN W $1,826.44 501510 DOMINO, CHARMANE $1,364.99 501511 DRESSEL, ROBERT P. $1,411.51 501512 FINKE, DUSTIN D $1,421.12 501513 GREGORY, THOMAS $1,751.09 501514 HALL, DAVID M. $2,106.90 501515 JESSEN, JEREMIAH S $1,208.60 501516 KLAERS GROTHE, ANNE M. $587.53 501517 LANE, LINDA $1,206.88 501518 LEUER, GREGORY J. $1,584.41 501519 MAROHNIC, NICHOLAS $499.62 501520 MCGILL, CHRISTOPHER R. $1,668.67 501521 MCKINLEY, JOSHUA D $497.64 501522 NELSON, JASON $1,698.42 501523 PETERSON-DUFRESNE, DEBRA $1,264.97 501524 PORTINEN, TERI $1,212.28 501525 REINKING, DEREK M $1,188.99 501526 SCHERER, STEVEN T. $1,808.31 501527 SMITH, CAROLYN A. $229.62 501528 VIEAU, CECILIA M. $1,039.29 501529 VINCK, JOHN J. $1,578.97 501530 WEIR, ELIZABETH V $230.87 501531 WUNSCH, JODI M $1.170.81 Total Payroll Direct Deposit $43,813.44 PAYROLL CHECKS Auaust 15.2008 - Auaust 28.2008 020189 JOHNSON, DANIEL $230.87 Total Payroll Check $230.87 Medina City Council Meeting Minutes September 16, 2008