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HomeMy Public PortalAbout06/01/04 CCM151 ORDER CHECKS - JUNE 1, 2004 026598 ALPHA POWER SYSTEMS $8,550.00 026599 BIFF'S INC. $799.68 026600 BRYAN ROCK PRODUCTS $2,670.33 026601 CENTERPOINT ENERGY $73.87 026602 CLASSIC CLEANING $399.38 026603 CRETEX CONCRETE PROD.NO.INC $533.57 026604 DELTA DENTAL $1,415.90 026605 D1'1"1'ER, INC. $191.25 026606 EHLERS & ASSOC. $9,020.75 026607 ERICKSON, ROLF ENT., INC $4,493.76 026608 EXXONMOBIL $351.65 026609 GARY'S DIESEL SERVICE $282.77 026610 GRAINGER $55.54 026611 H & L MESABI $58.94 026612 HAMEL FIRE DEPT $22,407.00 026613 KENNEDY & GRAVEN $16,082.43 026614 LAKE BUSINESS SUPPLY $21.92 026615 LAW ENFORCEMENT LABOR SERVICES $222.00 026616 LORETTO FIRE DEPT $16,479.50 026617 MARTIN MARIETTA MATERIALS $1,385.37 026618 MEDICA CHOICE $12,008.23 026619 METROCALL $21.07 026620 MIDWEST ASPHALT CORPORATION $75.00 026621 MIKE'S FIX -IT $124.35 026622 MINNEAPOLIS COMMUNITY COLLEGE $785.00 026623 MINNESOTA DEPT. OF HEALTH $653.00 026624 MN DEPT. OF ADM $65.00 026625 NEXTEL COMMUNICATIONS $441.38 026626 NORTHERN WATERWORKS SUPPLY $168.92 026627 PRESS & NEWS PUBLICATIONS $360.94 026628 PRUDENTIAL INSURANCE CO. OF AM $222.00 026629 QWEST $459.11 026630 RANDY'S SANITATION $107.47 026631 SAFETY 'TRAIN, INC. $62.00 026632 SOUTH METRO PUBLIC SAFETY $510.00 026633 STREICHER'S $81.29 026634 THUL, JEFF $66.50 026635 TIME SAVER OFF SIM SEC. $185.63 026636 UNIFORMS UNLIMl'1'ED $130.68 026637 VALVOLINE FLEET SERVICES $220.23 026638 VILLAGE CHEVROLET $203.21 026639 WAYZATA, CITY OF $4.50 026640 WESTSIDE EQUIPMENT $14,110.00 026641 WRIGHT-HENNEPIN ELECTRIC $1,537.71 026642 XCEL ENERGY $30.01 026643 XEROX CORPORATION $42.31 026644 t ;P MANUFACTURING $546.13 $118,717.28 152 018679 018680 018681 018682 018683 018684 018685 018686 018687 018688 018689 018690 018691 018692 018693 018694 018695 018696 018697 018698 018699 018700 018701 018702 PAYROLL CHECKS - JUNE 1, 2004 WORKMAN, BRUCE $138.52 SMITH, CAROLYN A. $138.52 BRINKMAN, RANDY $138.52 ZIETLOW, PHILIP K. $207.79 CHAFFINS, GARY S $832.62 ADAMS, CHAD M. $1,781.80 SCHERER, STEVEN T $1,171.70 MCGILL, CHRISTOPHER R. $1,573.82 HALL, DAVID M. $1,259.95 DILLMAN, JAMES D $1,789.16 DRESSEL, ROBERT P. $1,083.69 BELLAND, EDGAR J $2,184.57 CONVERSE, KEITH A $1,366.22 VIEAU, CECILIA M. $1,033.41 DINGMANN, IVAN W $1,116.02 SULANDER, LAURA L. $1,150.18 LARSON, SANDRA L $941.98 BOECKER, KEVIN D $1,472.89 DOTY, JOSHUA F. $1,521.53 GREGORY, THOMAS $1,309.98 LANE, JAMES S. $138.52 VELCH, PATRICIA A. $254.33 NELSON, JASON $2,058.39 THUL, JEFFREY P. $1,245.62 $25,909.73 153 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 1, 2004 The City Council of Medina, Minnesota met in regular session on June 1, 2004 at 7:42 p.m. in the City Hall Chambers. Mayor Zietlow presided. I. ROLL CALL Members present: Workman, Brinkman, Lane (departed at 8:35 p.m.), Zietlow, and Smith. Members absent: Also present: City Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Tom Kellogg, City Administrator Chad Adams, City Planner Josh Doty, and Recording Secretary Liza Weniger. I. PLEDGE OF ALLEGIANCE II. ADDITIONS TO THE AGENDA Moved by Workman, seconded by Brinkman, to approve the agenda as presented. Motion passed unanimously. III. APPROVAL A. Approval of the May 6, 2004 Special Council Meeting Minutes Moved by Smith, seconded by Brinkman, to approve the May 6, 2004 special City Council Meeting minutes as presented. Motion passed unanimously. B. Approval of the May 18, 2004 Regular Council Meeting Minutes It was noted on page 1, under Agenda Item I. ROLL CALL, the line for Members present should state: 'Workman, Lane (Arrived at 9:36 p.m.), Zietlow, Brinkman and Smith." It was noted on Page 2, the second paragraph should be struck and replaced with: "Ann Thies, Minnesota Land Trust, stated that Crosby's had the vision to permanently protect their land and to prevent it from being subdivided in the future. She stated that those who drive along Hunter Drive and County Road 6 will always be able to appreciate the open space. n Moved by Workman, seconded by Smith, to approve the May 18, 2004 regular City Council Meeting minutes as amended. Motion passed unanimously. IV. CONSENT AGENDA A. Resolution Reaffirming Resolution 03-35 — Final Plat Approval for Maple Walk C. Resolution Reapportioning Special Assessments for Klingelhutz Development Company and Rolling Green Business Park, LLC Medina City Council Meeting Minutes June 1, 2004 154 Moved by Workman, seconded by Smith, to approve the consent agenda. Motion passed unanimously. B. Resolution Granting Conditional Approval to a Comprehensive Plan Amendment Zietlow stated that Workman requested that a separate motion be made in order to move ahead with granting the conditional approval for a comprehensive plan amendment as he would need to abstain from the vote. Brinkman asked members of Council if the resolution needed to be approved before the project is approved. Brinkman expressed concern for the amendment change if the Charles Cudd Company decided to back away from their proposed project. Smith replied that Council then wouldn't move forward with the amendment change if Cudd did back away from their project. Workman asked if the amendment could be changed back if the project with Charles Cudd Company fell through. Brinkman stated that he would rather wait until last minute to make the amendment change to the Comprehensive Plan. Batty stated that Council needed to make the motion for approval because the resolution would then be sent off to Metropolitan Council. He reminded Council that approval was a conditional approval, meaning that if Council wasn't happy with the rezoning and plat, then it was only conditional anyway. He recommended that Council approve the resolution as to move it forward for Met Council approval. Smith asked for clarification from Batty on whether Council would have ultimate control over the entire approval process once Met Council starts its approval process following receipt of the approved resolution of the amendment. Batty stated yes, clarifying that ultimately Council doesn't have to approve the zoning because it is considered a legislative act. Moved by Smith, seconded by Brinkman, to authorize the Resolution Granting Conditional Approval to a Comprehensive Plan Amendment. Motion passed 3-1-1 (Workman Abstain, Zietlow opposed). VI. COMMENTS A. From Citizens on Items Not on the Agenda There were none. B. Park Commission Doty stated that Park Commission recently had its annual park tour, which went well despite the rain. The tour group attended all parks and received good feedback from not only the public, but also from those that were on the tour. Medina City Council Meeting Minutes June 1, 2004 155 The next scheduled Park Commission meeting will have a discussion on the Independence Beach Park and its proposed plans for new children's play equipment and a new boat ramp; as well as receive an update on trail along Hunter Drive. Zietlow asked if Park Commission would be discussing sand box and clearing buckthorn. Doty stated yes, and noted two other topics for Commission discussion. C. Planning Commission Doty stated that the items to be discussed for the next meeting would involve Uptown Hamel area: 1) resolution to approve or adopt the Uptown design criteria which would be separate from the ordinance, 2) zoning text amendment on how to arrive at City height, which would be a City wide amendment. Lane asked Doty for the status on the Keller Subdivision issue. Doty stated that Keller is tabled, with no specific date set yet. There are a lot of outstanding issues, and is not planned to go to the July Planning Commission meeting. 1. NEW BUSINESS A. Ordinance Amending Medina City Code Section 834 — Uptown Hamel: Doty reviewed his memo and report, which include the proposed changes to the Uptown Hamel Ordinance, and Planning Commission minutes from the May 11, 2004 Public Hearing. The Uptown Hamel Ordinance Committee ("Committee") consisting of City staff, Planning Commission members and City Council members proposed changes to the Planning Commission, per Council direction in May. Staff recommends approval of the Zoning Ordinance amendments to the Uptown Hamel Zoning District. Doty presented a table on the overhead of the "Proposed Substantive Amendments to the Uptown Hamel Zoning District". Discussion on Removal of "Uptown Hamel PUD District": Zietlow stated that he has a problem with changing the current Ordinance stating that he believes the City ought to have some flexibility. Doty stated the idea behind a PUD is to allow for flexibility as it is adopted for a single project with a single owner. Workman asked what the advantage would be for the City to change the Ordinance from a PUD directive status. Doty stated that staff's recommendation is to not use a PUD because of the large scope of the upcoming twenty projects. Staff's recommendation would be to follow the zoning ordinance without the PUD. Batty stated that the Uptown Hamel area is to be intended as a mixed -use development. He stated that a PUD is a bad term as it is used for projects consisting of a sole and complete ownership, which would provide for some flexibility. Applying a PUD to a project that is a multi -owner ownership doesn't work when there are multiple owners, because it is dealing with different density issues. The ordinance was adopted originally as a mixed -use a few years ago, but wasn't really considered as a PUD. Smith stated she is concerned about calling the ordinance a PUD when it is not a PUD. Medina City Council Meeting Minutes June 1, 2004 156 Zietlow stated that he felt the entire amendment process was counterproductive because it goes against what was originally discussed in the past. He asked Council members why the PUD couldn't be kept with all the proposed changes. Brinkman stated that each project in the future would have to be reviewed as a single PUD, whereas the entire Uptown project would be held under the ordinance. Doty stated that calling the entire Uptown Hamel area a PUD gives the idea that there is ultimate flexibility as each new project comes forward. But from a zoning perspective, it would be easier to follow and apply the ordinance requirements more closely and more specifically. The site plan review process would become confusing if it was left as it is currently written and would only complicate the application process. Discussion on Removing "Old town," "small town" references: Doty stated that the intent is to update the ordinance to allow for reasonable development. The removal of the "old town" terminology would not prohibit anybody from developing the old town theme. Elizabeth Weir, Planning Commission Chair, reinforced the idea behind the change was to create a mandate which would make development more financially feasible, add flexibility to size issues, and make the Uptown area attractive. The "old town" look was overly restrictive and made development from higher density proposals more difficult. Smith asked for clarification on the goal of the appearance for the "old town" concept. Weir reminded Council that to insist on the "old town" look was too restrictive. Brinkman asked Weir if everybody who has been involved in the concept planning from the beginning, middle and end knows about the proposed changes. Weir clarified that the Committee didn't hold an open Uptown Hamel Committee meeting for the public. Doty stated that he understood from the last Comprehensive Plan review, there were several public meetings regarding the proposed Uptown Hamel ordinance. Weir stated that the Committee is recommending more authenticity by allowing for more creativity. Weir clarified that the "old town" theme is still welcome in this ordinance. The ordinance would still require the same building materials. She reminded Council that merely the terminology, or theme, has been changed. Weir stated the Committee depended on staff's experience for guidance. Doty clarified that building appearance and design guidelines remain the same. Discussion to remove "Single Family Transition Area" language: Doty stated that the only way to protect the single-family area would be to set up a separate zoning district. No further discussion. Medina City Council Meeting Minutes June 1, 2004 157 Discussion on amending side -yard set -back language: Doty sated that there is a valid concern for fire safety and the setback on page three. Zietlow stated that he was more concerned on the height issue. Zietlow stated that he was concerned that the new ordinance would reflect a need for a fire sprinkler system if the buildings are right up next to each other, and the height is excessive. Batty stated that Zietlow's concerns are valid as the ordinance was partially modeled in a PUD format Workman stated the Committee was thinking that it wanted to require sprinkling in the commercial buildings, and even in residential since there would be zero setbacks. Smith stated that she believed that sprinkling should be required Citywide. Workman stated that where the water supply is available, fire sprinkler systems should be required in residential and commercial. Brandon Guest, Fire Chief of Hamel Volunteer Fire Department, stated that the last time he had reviewed the ordinance, all of his comments were based on the knowledge that all buildings needed to be sprinkled, and now if they aren't, he stated that he would need to go back and review the ordinance. Guest also stated that when the PUD in Wild Meadows was accepted, the requirements on the sprinklers were set and based on height, density, and setbacks. The general response was that if a building was sprinkled, then quite frankly it didn't matter to him what the setbacks were. The size of the buildings that are being built in Medina today, and built in both past and future, sooner or later will require a ladder type request. The houses with a 35' roof will need an aerial type device to provide fire control. During the last couple of fires, Medina has had the fire department call in aerials, and was quite lucky to get them, only because the other cities didn't need the aerials at the time. The outcome could have been detrimental. Guest stated that it was his belief that to mitigate that concern, it is necessary to require sprinklered homes. Workman proposed that the City would need to have another ordinance that requires sprinkling where there is a municipal water supply available. Brinkman stated that the City has to be concerned with the water supply and the well situation; and if the buildings are going to be over 35' feet high, then there will be a curtailment of making the sprinkler systems a requirement. Workman stated he knew that Plymouth requires fire sprinkler systems for all commercial buildings. Doty stated that we can bring the topic back to Council. Loren Kohnen, City Fire Marshall, stated that if the City begins to require fire sprinkling systems for commercial buildings, then the City will need to first make sure that there is ample water supply. Kohnen stated that he had called the State and found that there is no statute that allows/requires all residential units to have sprinkling. Townhomes and condos are only required to be sprinkled to 13R-rating. Medina City Council Meeting Minutes June 1, 2004 158 Weir asked how the City would be allowed to require sprinkling for four story buildings. Smith stated that it seemed ridiculous that the City couldn't require sprinkling. Batty stated that Kohnen could help on the research of the topic. He would be able to determine where the building code stands on the issue, and where the City can step in to create an ordinance. Workman suggested staff to perform more research on the item. Zietlow concurred. Discussion on amending "minimum lot area per dwelling unit": Zietlow stated that an apartment complex on Hamel Road was currently at 12 units per acre. Zietlow proposed that a cap on total units for Uptown Hamel be created. Brinkman clarified that the proposed ordinance places a cap of about 43 units per acre. Workman asked how the City could require a cap based on the new setback and height requirements. He clarified that if one was to take a half -acre site and started pulling all the setbacks out, then it would leave about 33 rather than 43 or 44 units per acre. Zietlow stated that twenty years from now the City would need to have a cap, as the City doesn't need 1000 homes in the Uptown area. He proposed that with the ordinance change, Council should not approve ordinance or require a cap. Batty stated that the City cannot set a cap, and proposed that Council look at the ordinance in a practical manner. The practical solution in looking at the ordinance would be to figure out the worse case scenario, then talk about increasing the minimum lot size, or changing another element of the equation. The setbacks, height, and other elements will determine if these are limits that the City can live with. Batty clarified that Council is looking at the sub district area, and each of the land uses are permissible in this entire Uptown area district. Brinkman stated that if Council wants to move away from the concept/theory of the PUD, then Council will need to start determining what will be designated as retail and commercial, or the issue of mix -use will arise. Workman stated he agrees with Zietlow's concerns; Council will need to produce a working formula, as the fear would be that City wouldn't have any control over density. Zietlow asked Council what they would like to see as the maximum number of residential units. He clarified that if the City doesn't have a number in mind, than it would be difficult to establish any requirements of any sort. Adams informed Council members that if staff were to look at the numbers, outside of Doty's analysis, then they would be able to formulate a solution to Zietlow's concern for controlling the growth. Medina City Council Meeting Minutes June 1, 2004 159 Workman asked Batty if Council would be able to come back and change the ordinance at a later time. Batty proposed that if Council wants to preserve the single-family lots, to make a change in the ordinance to not include the multi -family units. Smith stated that this topic could be revisited time and time again, and stressed that Council consider endorsing a minimum percentage of retail. Doty stated that the only way Council would be able to control the residential growth is to consider a different process which would entail creating more zoning districts. Workman stated that the Council, Planning and Design committees have been working on this for five years, and there hasn't been any development in the Uptown area in fifteen years. The City has the opportunity to move forward, and yet Council is trying to look at the worst -case scenario in order to change the ordinance. Smith asked if Council would be comfortable letting the issue go as is, and if density becomes out -of -hand, then perhaps Council could look at making changes then. Brinkman proposed looking at the amendment as a work -in -progress. Doty stated that City will be locked into the ordinance, as ordinance allows for a number of uses, and text allows for those uses. He stated that text is likely to supercede what is in the guide plan; and the guide plan's terminology will change to concept plan. Workman stated that Committee proposed changes as a way to allow for flexibility, and now Council is looking to change everything to prevent flexibility. Workman stated that he understood Zietlow's concerns, however didn't foresee the area becoming too dense. Zietlow reminded Council members that if the City loses control of the development growth, then it would be too late to make any changes to the ordinance. Batty stated that some level of density needs to be in place as to support the district. To control the number of multi -units in the district, he proposed that Council allot less land in that district. Council would then need to decide what to do with the removed land. Workman reminded Council members, that Committee has really put a lot of thought into the amendments and has looked at the maps. He informed Council that he has been involved in the process since 1989, and has never seen anything so scrutinized. Lane departed (with prior notice) at 8:35 p.m. Discussion on Changes/Amendments "Impervious cover requirements": Doty demonstrated how impervious cover requirement numbers changed via a table on overhead. The maximum percentage of impervious cover requirements for proposed single-family and retail parcels stayed same. The maximum percentage of impervious cover allowed for the multi -family parcel increased. The committee felt that given the lot sizes, change for multi -family parcel is more realistic and is good for water control. Medina City Council Meeting Minutes June 1, 2004 160 No further discussion. Discussion on Amendment to pages 6 and 7 for "An illustration has been added": Doty stated that pages between pages 6 and 7 contained a proposed map using the term "Guide Plan" which now has been updated to "Concept Plan". Zietlow asked Doty what the Preserve area of the Concept Plan consisted of. Doty stated that the Preserve area is not owned by the City of Medina. Workman clarified language, not illustrations of concept plan, will dictate Ordinance. Discussion on Removal of "Design Standards" from Page 7: Doty stated this discussion will return to Planning Commission in June. The Committee is proposing to remove design standards of all public improvements from ordinance. No further discussion. Discussion on Amendment to multiple pages of "Rain gardens are encouraged throughout the district": Zietlow stated that he was unsure of definition of a rain garden. Smith proposed that a definition be included in the ordinance. Doty stated he would research the meaning and look at having it included in the ordinance. He clarified that ordinance doesn't require the use of rain gardens, only encourages it. Zietlow proposed that ordinance describe what City is encouraging. Discussion on Amendment to page 7 for "Joint use of parking lots": No further discussion. Discussion on Amendment to page 9 for "Requiring small town scale (two-story and maximum floor area of 20,000 square feet) has been removed": Doty stated that the change was merely an organizational change. No further discussion. Discussion on Amendment to page 8 for "Site plan review has been moved to the "Review and Approval Process" section of the district. In addition, a majority of the text under site plan review has been moved to the "New Building and Major Expansion" design standard": No further discussion. Discussion on Amendment to page 9 for "The building height requirement is changed from essentially 3 stories — 35 feet to 4 stories — 50 feet": Doty stated that change was made to building height. It basically has been a re -write as the ordinance was going from two and three stories and tiering back a fourth story not to exceed 50 feet. The building height definition (how to arrive at, or measure) has changed. He clarified that this would allow for a less restrictive ordinance. Medina City Council Meeting Minutes June 1, 2004 161 Doty discussed how to arrive at the height definition, stating that staff looked at other cities determination of how to arrive at the height. Discussion on Amendment to Page 9 for "Roof run-off must drain onto the property that creates the run-off": Zietlow asked for clarification on whether the roof run off would go into the storm sewer in relation to the impervious cover. Doty answered in the affirmative. Discussion on Amendment to page 10 and 11 for "The sign chart has been amended to remove square footage benefit for old town theme, and to reduce wall signage to 32 square feet.": Doty stated that basically the current ordinance provides a bonus to those who remain consistent with the old town theme. The proposed change removes the bonus, and establishes a consistent one hundred square feet for maximum total sign area allowed. Weir stated she was away from the meeting when the change was discussed and has concerns with relation to the walls that have multiple businesses connected to them. Doty stated that he looked into what other cities require for wall signage, and a figure of 8% for the allowable square footage of the total wall area seemed reasonable. Workman stated that Medina has a City ordinance on the signage size which is consequently more restrictive that what was originally proposed. He confirmed that the newly proposed chart is now more restrictive. Smith stated she believed reason for change was to make ordinance more consistent. Workman confirmed that City sign ordinance is more liberal than the proposed change. Doty proposed Council remain with old table and 8% wall area. Workman proposed to change back wall area size to 10% and with original table. Weir agreed with Workman's proposal. Doty asked for clarification from Workman on his proposed amendment; stating that the original table and 10% allowable wall area appeared to be reasonable. Workman clarified that the maximum size of the sign would be 100 square feet. Smith asked for the size of Farmers State Bank of Hamel steer sign. Shorty Dorweiler, Farmers State Bank of Hamel, asked Doty if the steer logo on his building was considered a sign or a decoration as he wasn't sure how to measure the amount of wall area it took up. Doty clarified that Dorweiler would need to measure the logo as if it had a box surrounding the design, which measured 4'x 5' in wall area. Doty confirmed bank's logo is approved under current ordinance, which is a PUD that allows for up to 64 square feet of wall area. Under new ordinance, logo wouldn't be allowed. Medina City Council Meeting Minutes June 1, 2004 162 Dorweiler stated it was his understanding that if he were to do anything new in the future, he would have to abide by the new ordinance. Workman asked Dorweiler whether under the requirements of the new ordinance if he would have to remove his signage if he was to add a second story. Dorweiler stated that indeed he would have to redo the signage. Doty stated that staff would look at the application as non -conforming. Doty stated staff's recommendation of 10% allowable wall area would be reasonable and consistent with the other cities. Zietlow directed staff to bring topic back for further research and discussion. Discussion on Amendment to page 12 for "The text requiring "no outdoor storage of trash, trash containers, or debris" is currently in the district under the CUP section. This text has been moved to the design standard section": Doty stated the change was merely made to move text to a more appropriate section. No further discussion. Discussion on Amendment to pages 12 and 13 for "The section on "Townhouses, Apartments, and condominium units" has been moved form the CUP design section to its own section within the district": Doty stated the Committee recommended that this change to be made. No further discussion. Doty stated he needed strong direction from Council as to what should be changed; as well as a date for when Council would like to see proposed changes. Moved by Smith, seconded by Brinkman, to table the discussion and approval of the Zoning Ordinance amendments to the Uptown Hamel Zoning District until the proposed amendments for the fire sprinkler requirement and signage have been sent back to staff for further research and forwarded to Council with feedback. Motion passed unanimously (Lane Absent). B. Resolution Approving Uptown Hamel Ordinance by Title & Summary Moved by Smith, seconded by Brinkman, to table the Resolution authorizing publication of Ordinance No, by Title and Summary. Motion passed unanimously (Lane Absent). C. Schedule for Uptown Hamel Improvement Proiects Adams reviewed the schedule for public improvements in Uptown Hamel area for Council review and consideration. Staff is seeking approval of the schedule and to proceed with ordering feasibility reports as noted. Staff would suggest a possible work session for Tuesday, June 22, 2004 to discuss financing options (special assessments vs. TIF vs. developer contributions) regarding the public improvements. Staff and Medina City Council Meeting Minutes June 1, 2004 163 Council have broadly discussed financing options in past, but would invite opportunity for more in-depth discussion prior to entering into development agreements. Adams informed Council that they are not bound to the proposed schedule. The schedule only pertains to the Uptown Hamel area. Batty informed Council that the action items needed for tonight is to order the feasibility reports and set upcoming meetings. Moved by Smith, seconded by Workman, to approve Schedule for Uptown Hamel Improvement Projects and approve Resolution No. authorizing staff to proceed with feasibility report for Storm Water and Resolution No. _ authorizing staff to proceed with feasibility report for Mill Drive. Motion passed unanimously (Lane Absent). Moved by Smith, seconded by Workman, to schedule special meeting work session on June 22, 2004 from 6:30 to 8:30 p.m. Motion passed unanimously (Lane Absent). D. Final Plat Approval — Wild Meadows Fifth Addition Doty reviewed his memo regarding the request for final plat approval of Wild Meadows Fifth Addition. The final plat would allow twenty-seven single-family lots to be created. The Fifth addition is the last final plat to be approved as part of the Wild Meadows subdivision. On September 19, 2000, the City Council approved a preliminary plat for the applicant. Staff has reviewed the proposed final plat and has found the application to be in conformance with the approved preliminary plat. There is an existing developer's agreement and financial guarantee to cover the remaining improvements for the Wild Meadows Subdivision, including the Fifth Addition. Staff recommends approval of final plat and recommends Council to direct City Attorney to prepare final resolution subject to conditions. Zietlow asked if it is too late to make changes to item G concerning water irrigation. Doty stated it was part of the preliminary plat approval and is too late to make changes. Dave Newman, Restoration Development, stated that his company is making good progress and the restoration work needs to be moved forward. The 2003-04 winter didn't allow for the restoration work to move forward. He and Doty were out at the site during the previous week and noted that progress had been made. He stated that he was satisfied, as his company hasn't paid for any of the restoration work for the past six months. His biggest issue is the restoration issue and staying on top of it. Moved by Workman, seconded by Smith, to direct staff to prepare the final resolution approving the final plat for Restoration Development, LLC with conditions. Motion passed unanimously (Lane Absent). Newman stated that he assumed the resolution would allow his company to move forward with the development agreement. Batty answered in the affirmative. E. CUP for Salt Storage Structure Doty reviewed his memo and report for the CUP approval to allow construction of a structure for storage of salt and salt sand mixture which is to be located just south of the Medina City Council Meeting Minutes June 1, 2004 164 Public Works building. Doty's memo includes Planning Commission comments conducted during a Public Hearing on May 11, 2004. There were no resident objections to the structure. Staff recommends approval of the Conditional Use Permit for a salt storage structure for City Hall, located at 2052 County Road 24. Staff also recommends that City Council direct staff to prepare the final resolution. Doty presented the site plan via overhead, stating that the plan would be in compliance with height requirements of the zoning ordinance. The ordinance provides criteria, which is attached to staff memo, and staff reviewed the criteria and found that the plan was consistent with what was required. Moved by Workman, seconded by Brinkman, to approve the Conditional Use Permit for a Salt Storage Structure to be located at 2052 County Road 24 and authorize staff to prepare the final resolution. Smith asked if the structure would be placed on a concrete pad. Dillman stated it would be on concrete footings. Zietlow stated Lane asked that his opinion be placed on record. He stated that he is opposed to the CUP as he has too many questions and concerns that the City appears to make its own rules. Doty stated CUP permit should necessitate reasonable requirements, and staff reviewed permit and felt that yes, they are subjective in nature, but staff felt the conditions were reasonable. Zietlow stated he believed Salt Storage structure is a good and useful thing for the City. Adams stated that some of the concern noted regarding this CUP has originated because the City has often approved CUP's in the past that consider more than just the use itself, and have often focused on the entire property and bringing the property into zoning compliance. CUP's should only be considering the new proposed use as it relates to the rest of the property in a general sense. Doty has begun to take this approach with proposed CUP's. Doty stated that Council should stick to the criteria of the ordinance in the future, for the structure itself. Given the circumstances, no conditions were needed, but that doesn't say that a business in the future won't have conditions. Motion passed unanimously (Lane absent, however vote noted as "opposed"). II. REPORTS QQQQ. Citv Administrator Report Adams reminded the Council of the upcoming retirement party's for Glen Cook, Bonestroo, Rosene, Anderlik & Associates. Adams also asked the Council to provide him with any items for the summer issue of the Medina Message newsletter within coming days. Medina City Council Meeting Minutes June 1, 2004 165 IX. APPROVAL TO PAY THE BILLS Moved by Smith, seconded by Workman, to approve the bills, order check numbers 26598-26444 for $118, 717.28 and payroll check numbers 18679-18702 for $25, 909.73. Motion passed unanimously (Lane Absent). X. ADJOURN Moved by Workman, seconded by Smith, to adjourn the meeting at 10:00 p.m. Motion passed unanimously (Lane Absent). Attest: Chad M. Adams, City Administrator Medina City Council Meeting Minutes June 1, 2004 166 (THIS PAGE LEFT BLANK INTENTIONALLY)