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HomeMy Public PortalAbout09-01-2020_minutesMedina City Council Meeting Minutes 1 September 1, 2020 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 1, 2020 The City Council of Medina, Minnesota met in regular session on September 1, 2020 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. Martin read a statement explaining that this meeting and other future meetings, until a future determination is made, will be held virtually because of the pandemic. She explained how members of the public can participate in the meeting. I. ROLL CALL Members present: Albers, Anderson, DesLauriers, Martin, and Pederson. Members absent: None. Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and Public Safety Director Jason Nelson. II. PLEDGE OF ALLEGIANCE (7:06 p.m.) III. ADDITIONS TO THE AGENDA (7:07 p.m.) Johnson noted a requested addition to the agenda, Item D under New Business, titled Department of Labor and Industry Letter and Pending Lennar Applications. Moved by Martin, seconded by Pederson, to approve the agenda as amended. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. IV. APPROVAL OF MINUTES (7:08 p.m.) A. Approval of the August 18, 2020 Work Session City Council Meeting Minutes Moved by Martin, seconded by Anderson, to approve the August 18, 2020 Work Session City Council meeting minutes as presented. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Medina City Council Meeting Minutes 2 September 1, 2020 Martin aye Motion passed unanimously. B. Approval of the August 18, 2020 Regular City Council Meeting Minutes Martin noted that proposed changes from herself and Anderson were distributed by Johnson prior to the meeting for incorporation. Moved by Martin, seconded by Anderson, to approve the August 18, 2020 regular City Council meeting minutes as amended. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. V. CONSENT AGENDA (7:10 p.m.) A. Approve Broadband Feasibility Study with Hometown Fiber B. Resolution No. 2020-46 Approving Variance for Setback from Individual Sewage Treatment System at 1075 Oak Circle C. Appoint Justin Popp to the Planning Commission Moved by Pederson, seconded by Anderson, to approve the consent agenda. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. VI. COMMENTS (7:13 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Park Commission met on August 19th to discuss the Ditter proposal and advised that cash in lieu was agreed upon. He stated that three concepts were reviewed for Hunter Lions Park and provided details on the preferred concept. He noted that they are going to attempt to find space for pickleball courts in the concept as well. He stated that there was discussion related to a parking needs analysis. Long- Medina City Council Meeting Minutes 3 September 1, 2020 term parking needs to be addressed before another request would be considered to convert quad one to little league fields. DesLauriers asked if the Hamel Athletic Club would pursue an independent study or whether it would just be a discussion. Scherer provided additional details on field usage. He noted that the Park Commission does not have an appetite for additional hardcover. He stated that the Athletic Club will complete its own study on parking and field usage. C. Planning Commission Finke reported that the Planning Commission will meet the following week to hold a public hearing for a proposed ordinance amendment related to the septic code and the requirement for percolation tests. VII. PRESENTATIONS A. Martha Van de Ven – Orono School Referendum Questions (7:20 p.m.) Martha Van de Ven provided details on the Orono Schools proposed technology referendum which will appear on the November ballot. She stated that in 2002, the Orono School District voters approved the first technology referendum and in 2011 the renewal passed. She stated that last year she came before the Council to speak about the proposed increase, but that levy did not pass. She stated that the District’s core technology needs were reviewed after the failed request to focus on the needs for the next 10 years. She stated that they are proposing a decrease from the 2019 increase that was requested. She reviewed the importance of technology in education. She explained that when teachers stopped teaching in the classroom in March, distance learning relied on the use of technology. She stated that the State does not provide for technology needs and the districts must rely on local levies for technology needs. She explained that the current levy runs through 2021 and the question on the ballot would replace that levy with the newly proposed levy. She encouraged everyone to get out and vote. VIII. OLD BUSINESS A. Ordinance No 659 Amending Regulations Pertaining to Accessory Structures; Amending Chapter 8 of the City Code (7:29 p.m.) Finke stated that the Council discussed this in June and expressed concern that HOA covenants could expire after 30 years. He confirmed that is true unless the HOA takes active steps to do something to the contrary. He confirmed that the City should not count on those covenants providing the long-term regulation. He highlighted the chart showing the number of accessory structures allowed on different lot sizes, noting that changes are not proposed to those regulations. He noted that the current Code allows an additional shed of up to 120 square feet on all properties. He stated that the Planning Commission recommended a sliding scale be used for the additional shed allowance, with smaller lots still allowed 120 square feet and larger lots being allowed up to 400 square feet. He stated that the Council also discussed architectural requirements, noting that general language applied that requires all accessory structures to be complimentary to the primary structure while more specific language applies to larger accessory structures over 5,000 square feet. He stated that the existing ordinance allows sheds of 120 square feet or less to be as close as five feet to the rear or side Medina City Council Meeting Minutes 4 September 1, 2020 property lines. He noted that there was some concern with larger sheds blocking viewsheds and therefore another table was developed with a sliding scale for setbacks, continuing to use five feet for sheds of 120 square feet or less and then increasing that setback for larger square footage. He stated that the Planning Commission discussed this multiple times and recommended approval of the sliding scale as presented. Martin commented that the proposed amendment is much improved and expressed appreciation to the Planning Commission and City staff for the additional work they put into the revised amendment. Moved by Anderson, seconded by Albers, to adopt Ordinance No. 659 Amending Regulations Pertaining to Accessory Structures. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. 1. Resolution No. 2020-47 Authorizing Publication of the Ordinance by Title and Summary Moved by Anderson, seconded by Martin, to adopt Resolution No. 2020-47 Authorizing Publication of the Ordinance by Title and Summary. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. IX. NEW BUSINESS A. 2021 Preliminary Budget and Tax Levy (7:41 p.m.) Johnson noted that an in-depth presentation was provided at the 6:00 p.m. budget open house tonight. Barnhart stated that the City is not anticipating a budget shortfall for 2020. She stated that staff continue to reevaluate project schedules for 2020 and upcoming years related to COVID. She highlighted the tax levy timeline going forward, noting that preliminary certification of the levy will occur tonight and advised of the December date at which the truth in taxation meeting will occur. She stated that for 2021 they are proposing a balanced general fund budget, explaining that the proposed increase will be offset by the tax rate growth from single family homes. She highlighted the overall increases to the Medina City Council Meeting Minutes 5 September 1, 2020 general fund and noted that staff was able to reduce specific line items in each department and the remainder remain flat in response to COVID 19. She discussed the importance of reserve funds, especially with the unknowns that may come due to COVID 19 and reviewed the current reserve fund balances of the City. She stated that one part- time position is proposed, which is a police administrative assistant. She provided details on staffing details including cost of living and health insurance premiums. She stated that the proposed property tax levy will set a not to exceed amount for the final budget meeting in December. She stated that in December the same amount could be adopted, or a lesser amount could be adopted, noting that an increase cannot occur once the preliminary budget and levy are adopted. She stated that they are proposing a flat tax rate, which is a zero percent increase from 2020. She provided details on the different entities that receive funds from property taxes collected. She provided details on the five-year CIP and the items that appear in 2021. Martin commented that the Council received a thorough presentation during the 6:00 p.m. budget open house prior to this meeting, among many other discussions that have taken place related to the budget since May. She expressed appreciation to staff for the presentation and the work that went into developing the proposed budget. 1. Resolution No. 2020-48 Approving Proposed Tax Levy for 2021 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2020-48 Approving Proposed Tax Levy for 2021. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. 2. Resolution No. 2020-49 Approving Proposed General Fund Budget for 2021 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2020-49 Approving Proposed General Fund Budget for 2021. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. 3. Resolution No. 2020-50 Reducing Debt Service Tax Levies for 2021 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2020-50 Reducing Debt Service Tax Levies for 2021. Medina City Council Meeting Minutes 6 September 1, 2020 A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. 4. Establish Public Discussion Date for Final 2021 Tax Levy and Budget Moved by Martin, seconded by Anderson, to establish the 2021 final tax levy and budget discussion for December 1, 2020 at 7:00 p.m. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. B. Kayla Brugger – 1345 Elsinore Circle – Conditional Use Permit for Home Occupation (7:58 p.m.) Finke presented a request for a Conditional Use Permit for home occupation. He noted that the applicant proposes a maximum of three clients per day and ten clients per week. He stated that the Planning Commission discussed the matter and believed that the proposed number of clients would fit within the allowed parameters. He stated that it would not be possible to screen parking on the urban residential property, although noted that additional landscaping could be required. He noted that the Planning Commission did not feel additional screening would be required. He stated that the Planning Commission held a public hearing and there was not input received from the public and the Commission recommended approval of the request subject to the conditions noted in the report. Moved by Albers, seconded by DesLauriers, to direct staff to draft a resolution granting conditional use permit approval subject to the conditions noted in the staff report. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. Medina City Council Meeting Minutes 7 September 1, 2020 C. Ditter Properties – 2032 - 2052 Holy Name Drive – Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Interim Use Permit (8:05 p.m.) Finke presented a request to subdivide four lots into five lots. He stated that the lots as they exist are strangely shaped. He noted that all the properties are guided and zoned rural residential and stated that the front two properties are connected to the City’s sewer system and are within the Metropolitan Council’s urban service area. He stated that the proposal would shrink those two properties in size and use the extra property to create the additional lot. He noted that those two lots would be proposed to be rezoned to suburban residential. He stated that it is fairly unique that these two properties are connected to urban services but are zoned rural residential. He noted that the other properties that were connected to urban services at the same time were rezoned but perhaps these lots remained because of the lot size. He stated that this proposal would not create more sewered lots but rather shrink those lots and create an additional rural residential lot. He noted that no comments have been received from neighboring communities related to the Comprehensive Plan amendment and rezoning. He stated that as described, the lots within the rural residential zoning district would meet the dimensional standards. He stated that the existing home would not meet one exterior setback, but the plat does not change that. He stated that the Interim Use Permit is fairly unique. He stated that there are two homes on two of the lots, noting that the proposed plat would place both those homes on lot one and the accessory structures would be too close to property lines. He noted that one of the homes is subject to a life estate and the proposal would be to allow the homes to remain on lot one until the life estate expires. He noted that construction could not occur on lot four until the life estate expires. He noted that the accessory structures would need to be removed or relocated when the life estate expires. He stated that the four land use requests each have their own set of review criteria which were included in the report. He reported that the Planning Commission held a public hearing in August, no public input was received, and the Commission recommended approval subject to the conditions noted in the staff report. DesLauriers referenced a letter from Jim and Tom Ditter which asks the City to provide a tree waiver and noted that he did not see that in the staff report or Planning Commission meeting minutes. Finke stated that the staff report discussed that element, noting that the Ditter family planted trees in the 1980’s and 90’s that would need to be removed for the access and stormwater element. He stated that the tree preservation calculation allows credit for trees planted by the property owner. He stated that language would be added to address that. DesLauriers agreed that the Council should consider that request. Finke confirmed that language could be added to the resolution to formalize that action. He noted that trees removed that were not planted by the property owner would be subject to replacement. Jim Ditter, applicant, thanked the Council for reviewing their request. Moved by DesLauriers, seconded by Pederson, to direct staff to draft documents granting conditional approval of the Comprehensive Plan Amendment, and approval of the Rezoning, Preliminary Plat, and Interim Use Permit subject to the conditions noted in Medina City Council Meeting Minutes 8 September 1, 2020 the staff report and with the condition that if trees are removed that have not been planted by the Ditter family, the regular tree preservation requirements would apply; trees planted by the Ditter family would not require replacement. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. D. Department of Labor and Industry Letter and Pending Lennar Applications (8:24 p.m.) Johnson stated that staff received the letter late last week and Finke and Batty worked over the weekend to try to bring this item forward. He stated that Batty put together a memorandum that was distributed to the Council prior to the meeting. Batty stated that the City has a zoning ordinance which allows developers of multi-family housing projects to voluntarily apply for bonus density for added amenities/features to their development. He noted that one of those elements is added sound suppression between the units, which has been in the Code for quite some time and has been used at least once before. He stated that in April Finke received a call from an employee at the Department of Labor and Industry and they felt that this provision violated State law. He explained that the State has adopted a uniform building code, which all cities are required to adopt. He stated that Finke believed that the provision did not violate that provision as it is not required and is something that can be done to earn additional bonus density. He noted that he also had a discussion with that employee and had the same position, that the provision is voluntary and therefore did not violate State law. He stated that at the August 18th meeting the Council discussed the Lennar project and authorized staff to prepare the documents for approval. He noted that typically those items would have been included on the Consent Agenda tonight. He stated that the Lennar project does utilize the bonus density which is the subject of concern from the Department of Labor and Industry. He stated that the discussions took place in the spring with the Department of Labor and Industry and had not heard anything until the letter was received the previous week, therefore staff believed it best not to include the Lennar approvals until discussion could occur by the Council. He stated that the Department of Labor and Industry have made it clear that they are not targeting the Lennar project but are taking the position that the City’s ordinance is not valid and should be changed. He stated that the Council could go forward, as planned, and approve the Lennar project. He stated that the City could then independently review the ordinance that is being complained about. He stated that if the City’s ordinance changes prior to construction of the Lennar project, it would be unable to enforce the sound suppression requirements. He stated that Lennar has indicated that it intends to install the sound suppression requirements, whether the City is able to enforce or not. He stated that he raised the suggestion of a moratorium as the Lennar applications comply with current City Code. He stated that if the Council wants to reconsider those applications in light of a different Code, he recommends that be done under a moratorium as the application complies with current ordinance standards. He stated that the big picture is to minimize the Medina City Council Meeting Minutes 9 September 1, 2020 chance of litigation. He believed the best path forward is to approve the Lennar project as proposed and then engage independently in a review of the City’s ordinance with the Department of Labor and Industry. Martin agreed that the two issues should be separated as the Lennar applications were reviewed under the existing ordinances and direction was provided for staff to prepare the documents of approval. She stated that she studied the letter from the Department and does not understand the basis of its position, as Medina does not require any builder to utilize the sound suppression. She stated that the purpose of those systems is to buffer noise when additional density is allowed and thus the bonus density is intended to incent but not require sound suppression. She also believed that it would make sense to have a discussion that is not rushed with the Department and then for the Council to discuss whether a change to the ordinance is necessary. She asked if there is a commitment from Lennar to implement the sound suppression regardless of the Department of Labor and Industry discussions. Finke stated that he had discussion with Paul Tibone from Lennar, and he stated that it is their intent to continue forward as proposed. Martin asked for confirmation that the Department was not looking at the Lennar development but at the ordinance itself. Finke confirmed that to be true. He stated that the discussion he had was related to the timing as the City needs to proceed forward with the Lennar proposal. He stated that the Department has stated that there is no intent to go back in time for any projects, but the intent was to require the City to come into compliance with what they believe. Anderson agreed with the path forward expressed by Batty and Martin. He stated that he is mystified by the letter from the Department of Labor and their reasoning. He stated that he does not understand how a State could put in standards higher than Federal standards but not allow cities to do the same. He confirmed that he agrees with option one in the memorandum. DesLauriers echoed those comments. He stated that he would like to revisit the topic of sound suppression in the future, as he would like to see that as a requirement rather than something that earns bonus density. Albers agreed that option one makes the most sense for the City. Martin confirmed the consensus of all members of the Council to proceed with option one identified in the memorandum. X. CITY ADMINISTRATOR REPORT (8:43 p.m.) Nelson provided an update on Night to Unite. He noted that originally the event was pushed from August to October and he made the recommendation to cancel the event this year due to the uncertainty involved with COVID-19. Martin agreed that this would be the right decision for the community. Medina City Council Meeting Minutes 10 September 1, 2020 Johnson asked if the Council would like to move the October meeting back from the 7th to the 6th as Night to Unite has been canceled. He confirmed the consensus of the Council and noted that will appear on the next Consent Agenda. XI. MAYOR & CITY COUNCIL REPORTS (8:47 p.m.) No comments. XII. APPROVAL TO PAY THE BILLS (8:47 p.m.) Moved by Anderson, seconded by DesLauriers, to approve the bills, EFT 005625E- 005641E for $55,582.57, order check numbers 050588-050654 for $250,973.27, and payroll EFT 0510439-0510466 for $52,814.33. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. XIII. ADJOURN Moved by Pederson, seconded by Anderson, to adjourn the meeting at 8:49 p.m. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. __________________________________ Kathy Martin, Mayor Attest: ____________________________________ Jodi M. Gallup, City Clerk