HomeMy Public PortalAbout03/02/2010 CCM59
MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 2, 2010
The City Council of Medina, Minnesota met in regular session on March 2, 2010 at 7:00
p.m. in the City Hall Chambers. Acting Mayor Smith presided.
I. ROLL CALL
Members present: Johnson, Siitari, Smith, and Weir.
Members absent: Crosby
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, City Planner Dusty
Finke, City Administrator Chad Adams and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the February 16, 2010 Special City Council Meeting Minutes
Moved by Weir, seconded by Siitari, to approve the February 16, 2010 Special City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the February 16, 2010 Regular City Council Meeting Minutes
It was noted on page five, line 29, it should state: "...update from a higher density." On
page seven, line 34, it should state, "would be open to the MUSA line extension iligh
density." On page seven, line 36, it should state, "...summarized items connecting
roads to Brockton Lane and Hamel Road." On page seven, line 40, it should state,
"Weir submitted her written comments into the City record." On page eight, line five, it
should state, "...need the extension and the additional housing units." On page nine,
following line nine, it should state, "Smith requested that staff not assume a PUD without
negotiation for elements that better match the current comprehensive plan." On page
ten, line 18, it should state, "...reduction in the total maximum daily load requirements
for most other cities but not for Medina..."
Moved by Weir, seconded by Johnson, to approve the February 16, 2010 Regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Accept Donation from Bill Waytas for Two Hockey Nets at Hamel Legion
Park
B. Approve Raffle Permit to Water for People at Medina Entertainment Center
on April 16, 2010
C. Approve Change Order No. 2 to Hamel Field House
D. Ordinance Establishing Fees for City Clean -Up Day
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E. Resolution to Publish Ordinance for Clean -Up Day Fees by Title and
Summary
F. Resolution Granting Extension of Time to File Final Plat for Hamel
Commons Amending Resolution 2009-43
G. Resolution Authorizing City to Apply for Election Assistance for Individuals
with Disabilities (EAID) Grant from Office of the Secretary of State
P. Kaa7 a for Shoreline Restoration Program
Smith asked to remove item H (Approve Resident Cost -Share Grant Program
Agreement with Christopher P. Kane for Shoreline Restoration Program) from the
consent agenda.
Moved by Johnson, seconded by Smith, to approve the consent agenda. Motion
passed unanimously.
H. Approve Resident Cost -Share Grant Program Agreement with Christopher
P. Kane for Shoreline Restoration Program
Adams reported the total project cost was estimated near $52,000. He explained that
Hennepin County uses a design consultant and has been working for several months to
determine whether consensus could be met on a qualifying project. He reported that it
had been decided that $20,000 would qualify for the program consisting of rip -rap and
plantings. He advised that 75 percent of the project cost would come from the City,
including grant funds. He advised that four parties have been involved in the review of
the project including the City of Medina, Hennepin County, the design consultant and the
resident. He stated that the project does qualify for funding but not for the total estimate
cost of almost $52,000.
Smith stated that the question had been brought up as to why a wall was being used
rather than natural landscaping. She stated that she was not familiar with the property
in question but wanted to be sure that the issue was addressed. She advised that if the
landowner was willing to contribute a fair amount of money to help she believed the
project should proceed.
Kellogg commented that elevation would be a factor in decisions, but natural
landscaping is normally preferred for this program.
Moved by Weir, seconded by Siitari, to approve a resident cost -share grant program
agreement with Christopher P. Kane for shoreline restoration program. Motion passed
unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Janet White stated that at the February meeting the Commission
discussed a park dedication request for OSI; the development of a more detailed future
park study plan; the Tomann parcel, including the management plan and maintenance
agreement; and the use of hockey rinks at Hamel Legion Park. She briefly summarized
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the discussion points and recommendations of the Park Commission. She advised that
the Park Commission would also be researching the creation of a "friends of the park"
group or committee in the community.
C. Planning Commission
Planning Commissioner John Anderson noted that the Planning Commission has not
met since the last Council meeting. He stated that the Planning Commission would be
meeting on March 9, 2010 to discuss the staging point system ordinance.
VII. NEW BUSINESS
A. Open Systems International Preliminary Plat, Rezoning, Site Plan Review,
and Conditional Use Permit at Northwest Corner of Highway 55 and
Arrowhead Drive
Finke reported that the applicant, Open Systems International, a software development
company, is requesting the construction of a 92,000 square foot building at the
northwest corner of Highway 55 and Arrowhead Drive and also to subdivide the property
to create a 20 acre parcel. He provided a description of the property and stated that the
first request would be to rezone a portion of the parcel. He explained that staff
recommends rezoning more than one portion of the property to be consistent with future
land uses identified in the comprehensive plan. He stated that another issue in this
discussion is the consistency with the 2011-2015 timeframe of the staging plan and
advised that staff recommends the Council review the request, issue permits, but does
not allow occupancy until 2011. He advised that this recommendation would allow for
the construction to begin but would also be consistent with the comprehensive plan.
Smith stated that because of the green space she believed that the points system could
be utilized in regard to allowing development ahead of the timeframe.
Finke stated that the next land use application is the preliminary plat of the property and
advised that the request would divide the property into one lot and three outlots. He
explained that the applicant is requesting to subdivide the property and develop on lot
one, block one, a 20 acre portion of the property. He explained that staff would require
the three outlots to be replatted prior to develop as little detail was requested at this
time. He summarized information regarding right-of-way, easements, and park
dedication. He stated that staff believes that the conditions are met and recommend
approval of the preliminary plat. He stated that the last two requests are for the site plan
review and conditional use permit. He explained that any structure over 50,000 square
feet in floor area must go through the conditional use permit in this district which is why
that request was triggered. He reported that the primary use of the proposed building
would be office along with limited warehouse activity. Finke reviewed the setback and
hardcover information. He advised that staff recommends that the applicant reduce the
impact to the wetlands onsite. He further reviewed the wetland information and also
stormwater and low impact development for the site. Finke displayed a proposed sketch
of the building and reviewed the proposed building materials. He advised that the City
Engineer is concerned with the proposed intersection which would be off -set from the
Meander Road intersection by 110 feet and reviewed the alternatives that staff had
discussed. He stated that there are 262 existing significant trees and reported that none
are proposed for removal. He summarized the landscaping plan, trash and recycling
enclosures, mechanical equipment storage, and utility information. He moved onto the
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loading dock and stated that the applicant requests that additional screening to the north
be delayed until residential development occurs. He advised that staff recommends
approval of the site plan review and conditional use permit. He reported that in regard
to the preliminary plat staff would like to add a condition that the applicant shall obtain
final approval of wetland delineation prior to approval of final plat, and dedicate
easements over wetlands.
Ed Fitzpatrick, Project Manager for OSI, stated that this has been a significant project
for both OSI and the City of Medina. He expected 250 employees to be moved into the
site once constructed and hoped to grow the employee base to 350 in the proposed
facility. He introduced the project architect and asked that he speak in regard to the
aesthetics.
Paul Whitenack, RSP Architects, stated that his firm has been working with OSI for the
past six months and described the design of the building. He advised that the building is
split into three lobes, one for amenities, another for the loading dock and administrative
services and the last lobe for office area. He stated that the building has an honest
clean look and described the materials proposed for construction including brick,
concrete, glass and metal. He advised that a geothermal system would be utilized and
would not require a transformer, rather than a chiller. He reported that two small
enclosures would screen this equipment and also the trash storage.
Weir questioned if further detail would be added to the east wall of the building.
Whitenack advised that OSI had first thought of using a green screen, where vines or
greenery is encouraged to grow up the wall but advised that portion of the building is the
warehouse area and would be the area that would expand, should further expansion be
needed.
Fitzpatrick stated that wall would be split up by landscaping as well.
Johnson pointed out that only the owners of OSI would be subject to that view as there
is over 500 feet between the building and Arrowhead Drive.
Whitenack discussed the plans for landscaping and irrigation with the Council.
Fitzpatrick addressed the issues brought forward by staff and advised that in regard to
the access point and off -set intersection OSI would like the second option, which would
leave the driveway as identified. He stated that OSI is open to having discussion with
the City in regard to traffic on Arrowhead Road but stated that he did not feel that OSI
has a voice in the agreement specified and would instead like for staff and OSI to meet
and discuss the impact to the roadway. He addressed the tree issue brought forward by
the Fire Marshal and requested flexibility for OSI to work with the Fire Marshal. He
summarized the mitigation information for the wetlands proposed and asked that the
Council allow OSI to work with staff to determine the best method for mitigation which
also allows for a turnaround, should a fire truck need to access the site. He also briefly
summarized his thoughts regarding staff comments on open space and landscaping.
Finke stated that in regard to the impact of the wetlands, shifting the fire lane would only
be one alternative and agreed that all the alternatives would have a cost. He stated that
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the proposed mitigation does meet the minimum standards and noted that the Council
could request that condition be removed.
It was the consensus of the Council to delete condition 13 in regard to the wetlands.
Finke stated that in regard to the landscaping plan the elevation should also be reviewed
due to the low elevation of the proposed location of the trees, they would provide little or
no visual relief for some years.
Smith stated that in many landscaping agreements it is written that staff will work with
the applicant, which allows flexibility. She was unsure whether the condition specifying
that fire lanes be left clear should be removed.
Whitenack explained that the Fire Marshal was concerned with the type of tree that
would be planted in regard to the fire lane, as that could not be deciphered from the
sketch. He explained that OSI did not think of the trees located on the east side as
screening, as screening was only required for the loading dock area.
Finke confirmed that the Council would like the north and northeastern walls be broken
up with vegetation and noted that flexibility was built in to the conditions.
Johnson commented that further landscaping could be added into outlot C.
Fitzpatrick noted that future development for OSI is planned for those areas and
explained that if landscaping were forced for that area it would not only be money
wasted should that further expansion develop, but would also not fit with the prairie
landscaping design of the outlot areas.
Finke brought the discussion back to the rezoning request.
Fitzpatrick confirmed that OSI would not be ready for occupancy until approximately
March 2011, which would fit with the recommendation made by staff that construction be
allowed ahead of the staging timeframe but occupancy not take place before 2011.
Smith discussed the private open space and picnic area on the site and compared the
setting and amenities to other similar areas in the City. She requested that other
specifications be attached to the open space parcel.
Weir stated that she did not think that a structure with a concrete slab should be allowed
on the parcel as OSI would not be paying taxes on that parcel.
Fitzpatrick stated that OSI would like the employees to go outside and utilize the outdoor
space, and he believed that small structures should be allowed. He stated that OSI also
views the space as possible use for team -building activities. He requested that the
Council not exclude OSI from building a structure on that site at this time and instead
give OSI the opportunity to come back in front of the Council with a presentation, should
that be a desire.
Smith stated that the City is already giving OSI a reduction in park dedication and did
not believe that any shelter buildings should be allowed on that space.
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Johnson stated that he did not oppose a structure.
Weir was opposed to a permanent structure.
Siitari stated that he was in favor of a structure as it would allow for further flexibility.
Smith stated that a structure would not be allowed at this time but OSI could come back
with a proposal for a structure in the future. She requested to know the amount of park
dedication that would be waived.
Finke reported that $28,160, or 16,000 square feet of dedicated land, would be waived
through this request.
Smith briefly recessed the meeting at 9:00 p.m.
Smith reconvened the meeting at 9:05 p.m.
Finke stated that staff recommended leaving details such as wood chips and trails to the
discretion of staff and that any building of a structure would need to come back before
the Council.
Smith requested that the language "permanent" be added to structures as it is private
open space and she felt that it should remain in that manner as it otherwise becomes a
private park for OSI that the residents of the City subsidize. She suggested that staff
research the park dedication issues further and compare the information to that of
neighboring cities.
Finke suggested discussion related to the access point and offset intersection and to
determine the best solution.
Kellogg explained that the applicant would like to leave the access point in the current
proposed location in order to utilize the most buildable area on the two outlots bordering
the driveway. He advised that staff would agree with that concept, with the condition
that OSI is willing to work with staff in regard to intersection improvements in the future
once data is gathered.
It was the consensus of the Council to leave the access point in the proposed location,
with the condition that OSI work with the City to develop intersection improvements in
the future, if needed.
Mike Tobin, Cresa Partners (representing OSI), questioned if there would be an
opportunity to do an area wide assessment for road improvements in the future, rather
than assessing OSI for that cost 15 years in the future.
Smith explained that the City is stating that the driveway is not in the best location and
that since the applicant would like the driveway to remain in that position this would be
the cost.
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Batty stated that if a public improvement project was required the City would normally
review the benefitting parcels and split that cost between properties and the City would
also bear a portion of that cost. He explained that in lieu of moving the driveway
position the City is willing to let the position stay as proposed, but this condition would
come into play. He advised that a time limit would be set as well as a maximum cost for
that improvement. He advised that when this agreement has been made in the past the
future improvements were not needed and those applicants had not incurred those
costs.
Finke summarized the discussion and Council comments in regard to landscaping and
confirmed that the material proposed for the trash enclosure would be accepted.
Moved by Weir, seconded by Johnson, to direct Staff to prepare an ordinance for
rezoning and resolutions for site plan, preliminary plat and conditional use permit
approvals as discussed. Motion passed unanimously.
B. 2010 Road Projects
Adams began with the mill and overlay projects, which would be funded by street
assessments and road bonding, Holy Name Drive and Pioneer Trail. He advised that
two other roadways were also slated for mill and overlay but were able to be pushed
back to a later date. He then reviewed the project schedule for the mill and overlays.
1. Resolution Authorizing Preparation of Feasibility Reports
Moved by Weir, seconded by Johnson, to approve resolution authorizing preparation of
feasibility reports. Motion passed unanimously.
C. Open Space/Conservation Design Ordinance
1. Consultant Services Proposals
Adams reported that the existing planning consultants had submitted a proposal as well
as two other agencies. Staff recommended moving forward with Barr Engineering for
consultant services regarding the open space conservation design ordinance. He
suggested holding a concurrent Park and Planning Commission meeting to allow both
Commissions to participate in the process.
Moved by Weir, seconded by Siitari, to approve Barr Engineering to provide the open
space/conservation design ordinance services and authorize the Mayor and City
Administrator -Clerk to execute the services agreement. Motion passed unanimously.
2. Reschedule March 16 Special Council Meeting at Medina City Hall to
a 5:30 p.m. Concurrent Session with the Medina Planning
Commission
Moved by Weir, seconded by Siitari, to approve the rescheduling of the March 16, 2010
Special Council Meeting at Medina City Hall to a 5:30 p.m. Concurrent Session with the
Medina Planning Commission. Motion passed unanimously.
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VIII. CITY ADMINISTRATOR REPORT
A. U.S. Census Take Ten Challenge
Adams stated that he received communication from the U.S. Census Department asking
the City to take part in a Take 2010 Challenge, which monitors the number of
responses. He advised that he could include a blurb in the City Newsletter.
IX. MAYOR & CITY COUNCIL REPORTS
Weir stated that she would be interested in screening the arborists that worked with the
development applicants and determining their qualifications. She believed that the City
should have minimum standards for arborists in the future.
Smith noted that the Northwest League meeting would be held on Wednesday the
following week at 6:30 p.m. and confirmed that one or possibly two Councilmembers
would be in attendance, as she would not be able to attend. She also provided
information to Adams in regard to possible funding opportunities from the State.
X. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Johnson, to approve the bills, EFT 000674-000688 for
$28,697.57 and order check numbers 035168-035215 for $120,107.67, and payroll EFT
502599-502624 for $41, 022.18. Motion passed unanimously.
XI. ADJOURN
Moved by Weir, seconded by Siitari, to adjourn the meeting at 9:43 p.m. Motion
passed unanimously.
•
arolyn A ' niith, Acting Mayor
Attest:
i(Pt-,
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
March 2, 2010
67
ORDER CHECKS January 29.2010 - February 25, 2010
035168 DRESSEL, ROBERT P. $16.38
035169 EXXONMOBIL $40.84
035170 LAWSON PRODUCTS, INC $168.69
035171 Office of Child Support Enforc $240.00
035172 UCARE $19.66
035173 XCEL ENERGY $8,467.73
035174 ACCLAIM BENEFITS LLC $111.30
035175 AFLAC $149.46
035176 ANCHOR PAPER COMPANY $384.75
035177 ASSURANT EMPLOYEE $1,034.46
035178 BONESTROO INC $40,330.71
'035179 BUDGET PRINTING $82.06
035180 CARLSON BUILDING SERVICES $494.92
035181 DOBOSZENSKI & SONS, INC. $117.35
035182 W W GRAINGER INC $33.98
035183 HAGEN CHRISTENSEN & $209.20
035184 HAUGO GEOTECHNICAL $3,345.00
035185 HD SUPPLY WATERWORKS $1,063.21
035186 HEALTHPARTNERS $28,392.56
035187 HEAVENS BEST CARPET $283.22
035188 HENN COUNTY SHERIFF $225.00
035189 HOTSY EQUIPMENT OF MN INC $26.44
035190 KENNEDY & GRAVEN $9,786.95
035191 KONICA MINOLTA BUS. $545.68
035192 LEAGUE OF MN CITIES $493.00
035193 CITY OF MAPLE PLAIN $219.09
035194 MFRA INC $800.00
035195 MINUTEMAN PRESS $1,418.87
035196 MN RURAL WATER ASSOC $200.00
035197 MORTON SALT $6,825.15
035198 NELSON ELECTRIC MOTOR $150.00
035199 NORTH MEMORIAL $400.00
035200 OFFICE DEPOT $74.55
035201 ORONO, CITY OF $936.86
035202 PITNEY BOWES POSTAGE BY $1,000.00
035203 PITNEY BOWES $112.17
035204 REED BUSINESS $113.16
035205 ROLF ERICKSON $6,209.66
035206 SPRINT $850.16
035207 ST JOSEPH EQUIPMENT $183.25
035208 STREICHER'S $1,079.05
035209 SUN PRESS & NEWSPAPERS $165.68
035210 TIMESAVER OFFSITE $188.75
035211 TRI-COUNTY LAW $50.00
035212 WATER CONSERVATION $232.50
035213 WAYZATA, CITY OF $31.25
035214 WESTSIDE EQUIPMENT $143.00
035215 WHCEA $2.661.97
Total Order Checks $120,107.67
E-CHECKS January 29.2010 - February 25.2010
000674E VOID $0.00
000675E VOID $0.00
000676E VOID $0.00
000677E ACCLAIM BENEFITS LLC $490.89
000678E ACCLAIM BENEFITS LLC $1,921.37
000679E PR PERA $10,365.45
000680E PR FED/FICA $10,728.55
000681E PR MN Deferred Comp $1,075.00
000682E PR STATE OF MINNESOTA $2,405.11
000683E CITY OF MEDINA $19.00
000684E FARMERS STATE BANK OF $20.00
000685E MINNESOTA, STATE OF $811.00
000686E FARMERS STATE BANK OF $35.00
000687E ACCLAIM BENEFITS LLC $826.04
000688E MEDINA, City of Medina (Written from Imprest Fund) $.16,
Total Order Checks 528,697.57
Medina City Council Meeting Minutes
March 2, 2010
68
PAYROLL DIRECT DEPOSIT January 29, 2010 — February 25, 2010
502599 ADAMS, CHAD M. $2,894.22
502600 BARNHART, ERIN $1,371.24
502601 BELLAND, EDGAR J $2,502.88
502602 BOECKER, KEVIN D $2,045.51
502603 CONVERSE, KEITH A. $1,782.10
502604 DAY, JEANNE M $1,952.70
502605 DINGMANN, IVAN W. $2,278.20
502606 DOMINO, CHARMANE $1,674.04
502607 FINKE, DUSTIN D $1,806.92
502608 GALLUP, JODI M. $1,365.01
502609 GLEASON, JOHN M. $535.63
502610 GREGORY, THOMAS $1,782.14
502611 HALL, DAVID M. $1,608.16
502612 JESSEN, JEREMIAH S. $1,025.09
502613 KLAERS GROTHE, ANNE M. $586.53
502614 LANE, LINDA $1,271.83
502615 LEUER, GREGORYJ. $1,310.86
502616 MAROHNIC, NICHOLAS $526.02
502617 MCGILL, CHRISTOPHER R $1,768.39
502618 NELSON, JASON $2,169.98
502619 PETERSON-DUFRESNE, DEBRA $1,291.78
502620 PORTINEN, TERI $1,260.42
502621 REINKING, DEREK M $1,419.92
502622 SCHERER, STEVEN T. $1,830.91
502623 VIEAU, CECILIA M $1,086.60
502624 VINCK, JOHN J. $1.875.10
Total Payroll Direct $41,022.18
Medina City Council Meeting Minutes
March 2, 2010