HomeMy Public PortalAbout03/17/2015 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF MARCH 17, 2015
The City Council of Medina, Minnesota met in regular session on March 17, 2015 at 7:00
p.m. in the City Hall Chambers. Acting Mayor Pederson presided.
I. ROLL CALL
Members present: Anderson, Cousineau, Pederson, and Martin.
Members absent: Mitchell.
Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
Tom Kellogg, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief
of Police Ed Be!land.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:00 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:01 p.m.)
A. Approval of the March 3, 2015 Regular City Council Meeting Minutes
It was noted on page four, line five, it should state, "...49 40 acres..." On page four, line
26, it should state, "...are loving loves..." On page four, line 48, it should state, "...stated
that he is appreciative to the fact appreciates that the developer is responsive..." On
page five, line 39, it should state, "...Road and wed asked and received
confirmation that the main road..." On page five, line 40, it should state, "She asked for
comparison ratios comparisons in the amount of public road for this plan..." On page
six, line seven, it should state, "...and whether that the trail would connect to Baker
Park..." On page six, line 36, it should state, "...comments and alternative plans from
the residents along Deerhill Road acknowledging that those the plans were late just
received." On page seven, line 34, it should state, "...stated that the idea of a restored
restoration of prairie..." On page seven, line 12, it should state, "...moves along as this
Abe the applicant is requesting a density bonus of 190 percent." On page eight,
line 16, it should state, "...Concept Comprehensive Plan identifies existing and future
connections ofeadways public roads." On page eight, between lines 8 and 16, the
following sentence should be added, "Anderson stated that for public reasons there must
be an emergency entrance and exit utilizing Deerhill Road." On page eight, line 20, it
should state, "...would be necessary although it is not what she would prefer."
Moved by Anderson, seconded by Cousineau, to approve the March 3, 2015 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA (7:07 p.m.)
A. Approve Temporary On -Sale Liquor License and Raffle, Bingo, and Pull -
Tab Permit to/at Church of St. Anne for August 23, 2015
B. Accept 2015 Road Material and Equipment Bids
C. Resolution No. 2015-24 Accepting Resignation of Peter Rechelbacher as
Medina's Representative for the Minnehaha Creek Watershed District
Medina City Council Meeting Minutes 1
March 17, 2015
D. Appoint Elizabeth Weir, 1262 Hunter Drive, as the Minnehaha Creek
Watershed (MCWD) Representative and as Additional Alternate Member to
the Pioneer Sarah Watershed
Moved by Cousineau, seconded by Anderson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:08 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reported that the Park Commission will meet the following night. He noted that
a bid opening for the park at Fields of Medina on April 2, 2015 and advised that the item
will come before the Council on April 7th. He stated that the Commission will also
discuss an Eagle Scout project and the park tour.
C. Planning Commission
White reported that the Planning Commission met the previous week to hold a public
hearing for a Conditional Use Permit (CUP) for the construction of a 10,000 plus square
foot accessory structure Urban Residential (UR) zoning district, noting that the
Commission did recommend unanimous approval of the request. She advised that the
Commission reviewed a CUP amendment request for Pup Town LLC to increase the
number of dogs allowed and noted that the Commission recommended unanimous
approval.
Cousineau asked the difference in the number of allowed dogs.
White reported that there would be an increase of 10 additional dogs during the day and
night.
Pederson questioned if the police have received any complaints on the facility.
Belland stated that the department has not received one complaint for the business.
White stated that she toured the facility and found it to be very clean, quiet and well run.
She noted that there is access for the dogs to freely move between the indoor and
outdoor spaces without the aid of a person.
VII. OLD BUSINESS
A. John Day Companies — Variance and Site Plan Review — 695-765 Tower
Drive (7:14 p.m.)
Finke stated that this item would usually be placed on the Consent Agenda as the
Council directed staff to prepare a resolution of approval at their February meeting. He
stated that there was direction for staff to make some amendments. He noted that the
applicant did have some concern with one of the conditions, specifically regarding the
requirement to have the parking agreement recorded against the property. He stated
that the applicant amended his request to decrease the number of allowed parking
spaces from 25 to 17, noting that this would also reduce the needed variance. He stated
that the proposed resolution has been amended to reflect the changes. He stated that
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Medina City Council Meeting Minutes 2
March 17, 2015
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t h e a p p l i c a n t w o u l d l i k e t o c o n s t r u c t a d d i t i o n a l s p a c e s i f a s h a r e d p a r k i n g a g r e e m e n t
w o u l d n o t b e r e q u i r e d . H e s t a t e d t h a t t h e a p p l i c a n t w o u l d b e w i l l i n g t o s h a r e t h e p a r k i n g
w i t h t h e o t h e r b u s i n e s s l o c a t i o n s b u t i s n o t i n t e r e s t e d i n a s h a r e d p a r k i n g a g r e e m e n t .
P e d e r s o n s t a t e d t h a t h e w o u l d b e i n f a v o r o f a l l o w i n g a l a r g e r n u m b e r o f s p a c e s w i t h o u t
r e q u i r i n g a s h a r e d p a r k i n g a g r e e m e n t , a s t h a t w o u l d s t i l l p r o v i d e s h a r e d p a r k i n g f o r t h e
o t h e r b u s i n e s s e s t h e a p p l i c a n t o w n s i n t h e a r e a .
F i n k e n o t e d t h a t s t a f f c o u l d e a s i l y a m e n d t h e r e s o l u t i o n t o r e f l e c t t h e l a r g e r a m o u n t o f
p a r k i n g s t a l l s a n d s m a l l e r s e t b a c k . H e s t a t e d t h a t l a n g u a g e c o u l d a l s o b e a d d e d t o a
c o n d i t i o n s t a t i n g t h a t t h e a p p l i c a n t s h a l l e n c o u r a g e s h a r e d p a r k i n g b e t w e e n t h e o t h e r
b u i l d i n g s h e o w n s i n t h e a r e a .
P e d e r s o n q u e s t i o n e d i f s i g n a g e w o u l d b e i n s t a l l e d a t t h e o t h e r b u i l d i n g s t o a l e r t u s e r s
t h a t t h e y c o u l d p a r k i n t h a t a r e a .
J o h n D a y , t h e a p p l i c a n t s t a t e d t h a t h e w a s p l a n n i n g o n s i m p l y u s i n g v e r b a l
c o m m u n i c a t i o n t o a c k n o w l e d g e t h e s h a r e d p a r k i n g a v a i l a b l e w i t h h i s o t h e r b u i l d i n g s .
A n d e r s o n a s k e d f o r c l a r i f i c a t i o n a s t o t h e r e a s o n t h e s h a r e d p a r k i n g a g r e e m e n t h a d
b e e n s u g g e s t e d .
F i n k e s t a t e d t h a t i t s e e m e d t h a t t h e v a r i a n c e c r i t e r i a c o u l d b e b e t t e r m e t w i t h t h e
s u g g e s t e d c o n d i t i o n f o r s h a r e d p a r k i n g . H e s t a t e d t h a t t h e l e s s f o r m a l c o n d i t i o n a l s o
a t t e m p t s t o a d d r e s s t h e s a m e i s s u e .
P e d e r s o n q u e s t i o n e d t h e t y p e s o f b u s i n e s s e s c u r r e n t l y r e s i d i n g i n t h e b u i l d i n g .
M r . D a y s t a t e d t h a t t h e r e i s a n a u t o d e a l e r a n d a u t o r e p a i r b u s i n e s s i n t h e b u i l d i n g
c u r r e n t l y .
P e d e r s o n q u e s t i o n e d h o w t h e a p p l i c a n t w o u l d p r e v e n t t h e a u t o d e a l e r f r o m f i l l i n g t h e
a v a i l a b l e p a r k i n g s t a l l s i f s i g n a g e i s n o t i n s t a l l e d .
M r . D a y s t a t e d t h a t t h e a u t o d e a l e r i s n o t s u p p o s e d t o h a v e o u t d o o r s t o r a g e a n d i s n o t
s u p p o s e d t o b e u s i n g t h a t p a r k i n g f o r t h a t p u r p o s e .
M a r t i n s t a t e d t h a t s h e w o u l d s u p p o r t t h e r e s o l u t i o n a s d r a f t e d , w i t h t h e 1 3 - f o o t s e t b a c k
a n d t h e r e d u c e d a m o u n t o f p a r k i n g , 1 7 s t a l l s . S h e s t a t e d t h a t u n d e r t h e v a r i a n c e
l a n g u a g e s h e w o u l d f i n d i t h a r d t o j u s t i f y a d d i t i o n a l s t a l l s w i t h o u t t h e s h a r e d p a r k i n g
a g r e e m e n t . S h e s t a t e d t h a t s h e w o u l d n o t b e w i l l i n g t o s u p p o r t a d d i t i o n a l p a r k i n g
s p a c e s w i t h o u t t h e s h a r e d p a r k i n g a g r e e m e n t .
C o u s i n e a u e c h o e d t h e c o m m e n t s o f M a r t i n , n o t i n g t h a t s h e w o u l d a l s o s u p p o r t t h e 1 3 -
f o o t s e t b a c k w i t h 1 7 p a r k i n g s t a l l s .
A n d e r s o n a g r e e d t h a t t h i s w o u l d b e a g o o d c o m p r o m i s e a n d t h a n k e d t h e a p p l i c a n t f o r
w o r k i n g w i t h t h e C i t y .
M e d i n a C i t y C o u n c i l M e e t i n g M i n u t e s 3
M a r c h 1 7 , 2 0 1 5
1 Resolution No. 2015-25 Approving Variance and Site Plan Review
for John Day Companies to Expand the Parking Lot at 695-765
Tower Drive
Moved by Anderson, seconded by Cousineau, to adopt Resolution No. 2015-25
Approving the Variance and Site Plan Review for John Day Companies to Expand the
Parking Lot at 695-765 Tower Drive. Motion passed unanimously.
B. Ordinance No. 577 Regarding Subsurface Sewage Treatment Systems;
Amending Chapter 7 of the City Code (7:25 p.m.)
Finke stated that this information is similar to what had been discussed at the previous
Council meeting, noting that staff has attempted to amend the imminent health threat
aspect as directed by Council. He noted that the new provision would require the
system to stop surfacing within ten days and to be replaced within ten months.
Batty commented that there was additional language added to the end of the ordinance
to establish a clearer link to the nuisance ordinance.
Anderson thanked staff for adding in the ten-day period as he believed that really
strengthened the ordinance.
Moved by Martin, seconded by Anderson, to adopt Ordinance No. 577 Regarding
Subsurface Sewage Treatment Systems; Amending Chapter 7 of the City Code. Motion
passed unanimously.
1. Resolution No. 2015- 26 Authorizing Publication of Ordinance No.
577 by Title and Summary
Moved by Martin, seconded by Anderson, to adopt Resolution No. 2015-26 Authorizing
Publication of Ordinance No.577 by Title and Summary. Motion passed unanimously.
VIII. NEW BUSINESS
A. The Enclave at Brockton 5th Addition (7:29 p.m.)
Finke stated that the City reviewed The Enclave of Brockton in 2012, for a total of 118
single-family lots. He noted that since that time a number of phases, or additions, have
been approved and constructed. He advised that this phase would include 39 homes
and the approval would include the vacation of a number of easements that had
previously been platted to better support the layout.
Johnson advised that a public hearing would be required to vacate the easements,
noting that the item had been publicly noticed.
Pederson opened the public hearing at 7:32 p.m.
No comments made.
Pederson closed the public hearing at 7:32 p.m.
Paul Tibon, Lennar, stated that grading would begin this summer along with installation
of utilities if approved. He confirmed that sales continue to stay level and noted that they
have had a lot of traffic during the spring parade of homes.
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March 17, 2015
1. Resolution No. 2015-27 Granting Final Plat Approval for the Enclave
at Brockton 5th Addition
Moved by Martin, seconded by Anderson, to adopt Resolution No. 2015-27 Granting
Final Plat Approval for the Enclave at Brockton 5th Addition. Motion passed
unanimously.
2. Resolution No. 2015-28 Vacating Certain Drainage and Utility
Easements on Property being platted as the Enclave at Brockton 5th
Addition and also on Certain Lots within the Enclave at Brockton 4th
Addition
Moved by Martin, seconded by Anderson, to adopt Resolution No. 2015-28 Vacating
Certain Drainage and Utility Easements on Property being platted as the Enclave at
Brockton 5th Addition and also on Certain Lots within the Enclave at Brockton 4th
Addition. Motion passed unanimously.
3. Development Agreement by and between the City of Medina and
U.S. Home Corporation for the Enclave at Brockton 5th Addition
Moved by Martin, seconded by Anderson, to approve the Development Agreement by
and between the City of Medina and U.S. Home Corporation for the Enclave at Brockton
5th Addition. Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT
A. Business Forum (7:37 p.m.)
Johnson reported the business forum will take place on April 23, 2015 at 8:00 a.m. and
advised that a motion would be required to call for the special meeting.
Moved by Martin, seconded by Anderson, to call for a special Council meeting on April
23, 2015 at 8:00 a.m. to hold the business forum at the Medina Public Works and Police
facility. Motion passed unanimously.
B. Update on Tower Drive Project (7:38 p.m.)
Kellogg stated that staff is nearing the home stretch as plans and specifications are
being developed for the reconstruction of Tower Drive. He advised that bid opening will
occur the following week on March 25th. He noted that the next steps would be to hold
an assessment hearing and award the bid for the project. He proposed to advertise for
the assessment hearing on April 2nd for the April 21st Council meeting. He stated that
staff would like to mail assessment notices and an invitation for a neighborhood meeting
on April 3rd. He advised that the neighborhood meeting would be held on April 14tn
Batty stated that this route would advertise for the hearing before the Council actually
calls for the hearing.
Kellogg confirmed that the Council was comfortable with the proposed schedule.
C. Independence Beach Project (7:43 p.m.)
Scherer reported that he would be holding a public meeting the following night to discuss
the Independence Beach overlay project.
X. MAYOR & CITY COUNCIL REPORTS (7:46 p.m.)
Medina City Council Meeting Minutes 5
March 17, 2015
Anderson reported that he attended the Planning Commission meeting the previous
week.
Martin stated that she believed the Metropolitan (Met) Council was going to make some
amendments to their rules regarding affordable housing.
Batty stated that another city he represents has been provided updated information from
the Met Council.
Cousineau stated that it was her understanding that the cities that were on notice have
received the updated information.
Pederson stated that he and Johnson attended the Uptown Hamel meeting earlier in the
day and received a great presentation from the Superintendent of the Wayzata School
District. He stated that the Superintendent was confident that the District could support
any number of students from Medina. He asked to call a special work session for April
7th at 6:00 p.m. to discuss the fire contracts between Hamel and Loretto Fire
Departments.
Moved by Anderson, seconded by Cousineau, to call for a special Worksession meeting
to discuss the Hamel and Loretto Fire Departments on April 7th at 5:00 p.m. Motion
passed unanimously.
XI. APPROVAL TO PAY THE BILLS (7:51 p.m.)
Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003048E-
003068E for $61,176.33, order check numbers 42575-42631 for $409,419.95, and
payroll EFT 506266-506296 for $48,914.60. Motion passed unanimously.
XII. ADJOURN
Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 7:52 p.m.
Motion passed unanimously.
f ✓ )P
derson, cti g Mayor
Attest:
Scott Johnson, City Administrator
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