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HomeMy Public PortalAbout10/03/2017 City Council Minutes" MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 3, 2017 The City Council of Medina, Minnesota met in regular session on October 3, 2017 at 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. I. ROLL CALL Members present: Anderson, Cousineau, Martin, Pederson, and Mitchell. Members absent: None. Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief of Police Ed Belland. II. PLEDGE OF ALLEGIANCE (7:00 p.m.) III. ADDITIONS TO THE AGENDA (7:01 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:01 p.m.) A. Approval of the September 19, 2017 5:00 p.m. Special City Council Meeting Minutes Moved by Cousineau, seconded by Anderson, to approve the September 19, 2017 5:00 p.m. special City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the September 19, 2017 6:00 p.m. Special City Council Meeting Minutes Moved by Anderson, seconded by Pederson, to approve the September 19, 2017 6:00 p.m. special City Council meeting minutes as presented. Motion passed unanimously. C. Approval of the September 19, 2017 Regular City Council Meeting Minutes Johnson noted that Martin submitted proposed changes for the Council to review and advised that he would incorporate the changes. It was noted on page four, line 11, it should state, "...Council should consider these elements the draft Comprehensive Plan..." On page four, line 24, it should state, "...connection east west of Arrowhead..." On page six, line 15, it should state, "...eitheF provision." On page seven, line five, it should state, "... a common homeowners' association..." On page seven, line eight, it should state, "... unbuildable asFeage conservation easement..." On page nine, line 29, it should state, "...may priority site to consider for acquisition and protection in the near future." On page 15, line 15, it should state, "He She stated that perhaps the applicant should shows..." Mitchell noted that when someone is opposed to the vote it is customary for the person to explain why. He requested to add the following sentence on page 16, the last line, "Mitchell voted no because he felt that the five -acre zoning standard worked adequately for this property and the conservation design was not beneficial." Medina City Council Meeting Minutes 1 October 3, 2017 Cousineau noted on page 18, her opposing vote reflected her concerns with additional development in the business zoning that could have a potentially negative impact on the density units that have already been guided. Moved by Martin, seconded by Cousineau, to approve the September 19, 2017 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA (7:09 p.m.) A. Appoint Melissa Robbins to Community Service Officer Position B. Resolution No. 2017-78 Recognizing Volunteers and Contributors to Medina Celebration Day C. Resolution No. 2017-79 Accepting Donations for Medina Celebration Day Johnson thanked Anne Klaers, staff, all the businesses and residents that continue to support Medina Celebration Day and make the event a success. Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS (7:10 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer stated that the Park Commission will meet in a few weeks. He provided an update on recent trail construction. He stated that there was a big turnout for Celebration Day. C. Planning Commission Finke reported that the Planning Commission will meet the following week to consider a Comprehensive Plan amendment and PUD Concept Plan for a 48-lot subdivision from Mark of Excellence Homes. He stated that the Commission will continue the hearing regarding the closed landfill zoning district, noting that a representative from the Minnesota Pollution Control Agency will be present. VII. NEW BUSINESS A. JEGM Revocable Trust — 2705 Willow Drive — Zoning Ordinance Text Amendment related to Solar Equipment (7:12 p.m.) Johnson noted that Item A and B are related as the first request is to amend the zoning ordinance and the second is a request for conditional uses from the applicant. Finke presented a request to amend the zoning code to allow up to 4,000 square feet of ground mounted solar equipment. He provided additional background information on the allowance for ground mounted solar equipment. He stated that the City does have a ground mounted solar array on the Wright Hennepin property and noted that a permit has been issued for another residential array as well. He reviewed the existing regulations, noting that the primary discussion is the size allowed for ground mounted equipment. He stated that the Planning Commission held a public hearing the previous month. He noted that there have been a series of amendments since the ground • Medina City Council Meeting Minutes 2 October 3, 2017 " mounted allowance was made in 2015 and provided a summary of those amendments. He stated that there has been discussion on what the maximum square footage should be and the 2,500-square foot size was discussed in conjunction with the 50KW net metering rule from the State of Minnesota. He stated that the average use for a home in Medina exceeds the average use for the standard home in the state and therefore perhaps a larger allowance should be made to support the use of the home. He stated that the Commission recognized that larger arrays would still be an accessory use, supplying power to the home itself. He stated that the Planning Commission recommended increasing the maximum square footage up to 4,000 square feet. He stated that the Commission also recommended enacting a one percent of total land area maximum for ground mounted solar arrays. John Sonnek, Charles Cudd, stated that they found the method determined by the Planning Commission to be a good method. He stated that the retail rebate limit is 80KW and noted that they would be using the full 79KW of energy. He stated that the applicant's purpose is related to the environment and clean energy and is not attempting to make money on this solar array. He stated that the applicant is very environmentally aware and would like to have the clean energy. He noted that there are woods to the south and north and they will be planting additional trees to create additional screening. Pederson stated that he was surprised that the applicant could secure an 79KW rate and commended the applicant for that. Sonnek noted that the energy company is looking at peek use and this will make it easier for them to keep up with the energy demands. Anderson asked and received confirmation that the negotiation occurred with Wright Hennepin Electric. Mitchell stated that the main concern is that the neighboring property owners would be impacted by the mechanical equipment. Anderson stated that solar equipment is much less of a burden than it was years ago. Cousineau stated that the landscape and setback could be adjusted to address those concerns. Finke stated that a 100-foot setback is required. He stated that screening is probably the primary consideration as a Conditional Use Permit is reviewed. Mitchell stated that the 100-foot setback and landscaping seem sufficient. Mitchell suggested that the applicant's request be discussed at this same time and then action be taken on both items A and B. Finke presented the Conditional Use Permit request from the applicant for the ground mounted solar equipment and two additional accessory structures. He noted that the property already has a CUP for accessory structures with a total of 9,000 square feet. He noted that the warming shed would replace an existing structure. He stated that the house is nearing the end of construction. He stated that the solar array would meet the 100-foot setback and would be in a lower elevation of the property to provide additional Medina City Council Meeting Minutes 3 October 3, 2017 screening, along with plantings that will occur to provide screening. He stated that contingent upon amendment of the ordinance, the CUP standards would be met by the proposed request. He noted that the existing barn pushes the accessory structures over the 5,000 square feet threshold. He stated that the Planning Commission felt that the general criteria for the CUP are met, contingent upon approval of the ordinance amendment. He stated that when staff drafts the resolutions for the CUP, they would be done separately, one for the solar array and one for the accessory structures. Mitchell stated that he would be supportive of the request. Martin stated that for purposes of the ordinance, perhaps some kind of illustration should be required with a combination of topographical mapping and photography of the ground level of the site to provide evidence of visual impact of the array on neighboring property owners. She noted that would not necessarily apply to this instance because of the information provided in the application for the location proposed. She stated that the CUP process also provides the neighbors with the opportunity to provide comments. Anderson agreed that perhaps staff should review further to determine what could be done. Cousineau stated that perhaps landscaping is not so formal as it may not be necessary or additional landscaping may be needed. Martin confirmed the consensus of the Council for staff to craft additional language related to the topography and visual impact of a solar installation on a neighboring property. Pederson stated that perhaps the screening height be required at the level of the solar array, rather than smaller trees being planted. He stated that he would also want the solar equipment to remain limited to residential use. He stated that he attended the Planning Commission meeting and there were no comments in opposition of this request. Martin commended the Planning Commission for its thoughtful discussion and consideration of this request and the method for determining the one percent maximum. Anderson stated that this is a technology that is only gaining speed. He stated that the City has approached this conservatively, starting small, and increasing along the way. Martin used the example of a property owner with five acres coming in with a request that would meet the 100-foot setback and would provide the necessary landscaping and asked if that would be permitted through a building permit. Finke confirmed that requests under 1,500 square feet would be issued through a building permit and that is why the descriptive landscaping is provided for those requests. Martin asked and received confirmation that the planning department would still review those requests for visual impacts. She provided a suggested change to the language which adds an element that would require the applicant to show the visual impact on • Medina City Council Meeting Minutes 4 October 3, 2017 " " " neighboring properties. She stated that she could work with staff to draft the proposed language. Pederson stated that he does not think that the City will be at this place again, as it is extremely unusual for an electric company to allow 79KW at retail rates and therefore the array would not be financially viable at the lesser 49KW rate. He stated that he would only want the energy to be used on the subject property. Finke stated that enforcement would be an issue. Mitchell stated that a change in ownership could result in a change in the use of the accessory structures and change in the use of power. He asked if the ordinance would need to include the language regarding the topographical maps, as that type of technology is more common. Finke stated that if the Council desires that action, it should be spelled out in the ordinance as that type of activity would not be required for some other applications. 1. Ordinance Regarding Solar Equipment; Amending Chapter 8 of the City Code Moved by Martin, seconded by Pederson, to direct staff to prepare an ordinance regarding solar equipment; amending chapter 8 of the city code with the added protections discussed. Motion passed unanimously. B. JEGM Revocable Trust  2705 Willow Drive  Conditional Use Permit for Two Accessory Buildings and Solar Equipment (7:55 p.m.) Moved by Martin, seconded by Pederson, to direct staff to prepare a resolution approving the Conditional Use Permit for JEGM Revocable Trust. Motion passed unanimously. VIII. CITY ADMINISTRATOR REPORT (7:57 p.m.) Johnson advised of a joint mailer that was sent out from the City and Hennepin County encouraging participation in the blue bag organics program through Randy's Sanitation. He stated that the business tour is scheduled for October 11th at 7:30 a.m. IX. MAYOR & CITY COUNCIL REPORTS (7:58 p.m.) Mitchell stated that he attended the Long Lake Fire open house the previous night. He stated that he will be out of town this weekend but noted that there are similar open house events for the Fire Departments in Maple Plain and Hamel and encouraged available Council members to attend. He referenced an article that was recently published regarding overwatering of lawns. He noted that the staff and prior Councils have done a great job to reuse water for irrigation. He stated that two articles were provided in the Council packet regarding State pension plans and asked if the Council would feel appropriate passing a resolution addressing concerns in attempt to improve those pension plans and requested Council members think about a response to the State. Martin stated that she and Johnson attended a fire meeting with Hamel the previous week, noting that the department has three new firefighters whom are all Medina residents. She stated that she also attended the Long Lake Fire open house and commented that it was a great event. She referenced an article written by Assistant City Medina City Council Meeting Minutes 5 October 3, 2017 Administrator Jodi Gallup on the fire departments, noting that the departments appreciate the support of the City. She stated that the Loretto Fire open house is scheduled for October 14tn X. APPROVAL TO PAY THE BILLS (8:03 p.m.) Moved by Anderson, seconded by Martin, to approve the bills, EFT 004314E-004332E for $71,221.63, order check numbers 046373-046416 for $156,386.02, and payroll EFT 0508164-0508189 for $48,758.33. Motion passed unanimously. XI. CLOSED SESSION: CITY ADMINISTRATOR ANNUAL PERFORMANCE REVIEW Moved by Anderson, seconded by Martin, to adjourn the meeting to closed session at 8:04 p.m. to conduct the annual performance review of the City Administrator. Motion passed unanimously. The meeting reconvened to open session at 9:09 p.m. XII. ADJOURN Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 9:10 p.m. Motion passed unanimously. Bob Mitchell, Mayor Attest: • • • Medina City Council Meeting Minutes 6 October 3, 2017 ORDER CHECKS SEPTEMBER 20, 2017 - OCTOBER 3, 2017 046373 CHEVALIER, LYNN $250.00 046374 COMMERCIAL ASPHALT CO $1,162.33 046375 JUST FOR KIX $250.00 046376 MEDINA ENTERTAINMENT CTR $1,000.00 046377 PALM, LARRY $3,000.00 046378 PEARSON BROS., INC $43,801.25 046379 RECHELBACHER, PETER $1,000.00 046380 EBERT, SUSAN & CHUCK $250.00 046381 KRISHNA, UDAV $150.00 046382 METROPOLITAN COUNCIL $34,442.10 046383 THOMAS, MICHAEL & NICOLLE $500.00 046384 BIFFS INC $782.31 046385 BOYER FORD TRUCKS INC $72.72 046386 BUDGET PRINTING $12.78 046387 CIRCLE V SPECIALTIES, INC $3,098.00 046388 CONTEMPORARY IMAGES $690.05 046389 COUNTRYSIDE CAFE $98.00 046390 CUSTOM REFRIGERATION INC $233.50 046391 DEERWOOD BANK $125.00 046392 ECM PUBLISHERS INC $1,241.40 046393 EHLERS & ASSOC INC. $3,800.00 046394 EMERY'S TREE SERVICE $2,472.50 046395 ENGEL WATER TESTING INC $400.00 046396 HIGHWAY 55 RENTAL $1,539.70 046397 KENNEDY & GRAVEN CHARTERED $11,902.20 046398 LAW ENFORCEMENT LABOR $392.00 046399 MADISON NATIONAL LIFE $611.35 046400 MARCO INC $30.97 046401 METRO ALARM CONTRACTORS INC $180.00 046402 MOTLEY AUTO SERVICE LLC $153.00 046403 OFFICE DEPOT $141.59 046404 PITNEY BOWES $47.63 046405 RANDY'S SANITATION INC $100.00 046406 ROLF ERICKSON ENTERPRISES INC $7,487.62 046407 SCHERERS PUMPKIN PATCH $110.00 046408 SITEONE LANDSCAPE SUPPLY LLC $22.41 046409 STREICHER'S $317.94 046410 TEGRETE CORP $1,314.00 046411 TIMESAVER OFFSITE $402.13 046412 TITAN MACHINERY $112.56 046413 TWIN CITY STRIPING $4,742.10 046414 ULINE $252.13 046415 UPTOWN HAMEL INC $65.00 046416 WSB & ASSOCIATES $27,629.75 Total Checks S156,386.02 ELECTRONIC PAYMENTS SEPTEMBER 20, 2017 - OCTOBER 3, 2017 004314E PREMIUM WATERS INC $52.09 004315E PITNEY BOWES POSTAGE BY PHONE $1,000.00 004316E CITY OF PLYMOUTH $767.86 004317E PR PERA $15,056.24 004318E PR FED/FICA $16,859.74 004319E PR MN Deferred Comp $2,320.00 004320E PR STATE OF MINNESOTA $3,570.30 004321E SELECT ACCOUNT $736.07 004322E CITY OF MEDINA $20.00 004323E SELECT ACCOUNT $417.42 004324E CIPHER LABORATORIES INC $1,153.30 004325E MINNESOTA, STATE OF $1,849.00 004326E MEDIACOM OF MN LLC $205.29 004327E KONICA MINOLTA $168.48 004328E WRIGHT HENN COOP ELEC ASSN $1,958.79 004329E XCEL ENERGY $17,286.42 004330E DELTA DENTAL $2,581.85 004331E SELECT ACCOUNT $2,271.83 004332E ELAN FINANCIAL SERVICE $2,946.95 Medina City Council Meeting Minutes 7 October 3, 2017 Total Electronic Checks $71,221.63 PAYROLL DIRECT DEPOSIT SEPTEMBER 20. 2017 508164 ALTENDORF, JENNIFER L $1,332.97 508165 BARNHART, ERIN A. $2,099.87 508166 BELLAND, EDGAR J $2,570.18 508167 BOECKER, KEVIN D. $2,745.35 508168 CONVERSE, KEITH A $2,452.93 508169 DINGMANN, IVAN W $1,793.98 508170 ENDE, JOSEPH $1,677.11 508171 FINKE, DUSTIN D. $2,178.55 508172 GALLUP, JODI M $1,752.05 508173 GLEASON, JOHN M. $2,132.29 508174 GREGORY, THOMAS $2,014.53 508175 HALL, DAVID M. $2,259.30 508176 JESSEN,JEREMIAH S $2,225.06 508177 JOHNSON, SCOTT T. $2,242.53 508178 KIESER, NICHOLAS $448.40 508179 KLAERS, ANNE M $1,154.57 508180 LANE, LINDA $1,492.97 508181 LEUER, GREGORY J. $2,143.47 508182 MCGILL, CHRISTOPHER R $1,597.77 508183 MCKINLEY, JOSHUA D $1,665.18 508184 NELSON, JASON $2,599.87 508185 PETERSON, DEBRA A $1,684.69 508186 REINKING, DEREK M $1,591.50 508187 SCHARF, ANDREW $1,475.51 508188 SCHERER, STEVEN T. $2,289.30 508189 VIEAU, CECILIA M. $1,138.40 Total Payroll Direct Deposit $48,758.33 Medina City Council Meeting Minutes 8 October 3, 2017