HomeMy Public PortalAbout07.05.2016 City Council Meeting PacketMEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, July 5, 2016
7:00 P.M.
Medina City Hall
2052 County Road 24
Meeting Rules of Conduct:
• Fill out and turn in white
comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3-5 minutes
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the June 21, 2016 Special Council Meeting
B. Minutes of the June 21, 2016 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Quote to Replace Upper Level Carpet at City Hall with MCI Inc.
B. Approve Quote to Repaint Upper Level at City Hall with Snow and Sun Painting
C. Approve Fireworks Display Contract with RES Specialty Pyrotechnics for Medina Celebration
Day
D. Resolution Accepting Resignation of Community Service Officer Brandon Wenande
E. Authorize Recruitment for Community Service Officer Position
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATIONS
A. CenterPoint Energy Community Partnership Grant — Kevin Busscher
VIII. NEW BUSINESS
A. Just for Kix — Site Plan Review, Hardcover Variance, Lot Combination at 45 Highway 55 — Public
Hearing
1X. OLD BUSINESS
A.
Jeffrey -Johnson Easement Vacation - Public Hearing Continued
1. Resolution Approving the Vacation of Drainage and Utility Easement at 2605Willow
Drive
CITY ADMINISTRATOR REPORT
MAYOR & CITY COUNCIL REPORTS
APPROVAL TO PAY BILLS
ADJOURN
Posted 6/29/2016 Page 1 of 1
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: June 29, 2016
DATE OF MEETING: July 5, 2016
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve Quote to Replace Upper Level Carpet at City Hall with MCI Inc. — Staff
received two quotes to replace the upper level carpet at city hall. Staff recommends
approval of the low quote with MCI Inc.
See attached quotes.
B. Approve Quote to Repaint Upper Level at City Hall with Snow and Sun Painting — Staff
received two quotes to repaint the upper level of city hall. Staff recommends approval of
the low quote with Snow and Sun Painting.
See attached quotes.
C. Approve Fireworks Display Contract with RES Specialty Pyrotechnics for Medina
Celebration Day — Staff recommends approval of the Display Contract Agreement with
RES Specialty Pyrotechnics, Inc. for Medina Celebration Day. The City has been happy
with their services in the past and they have agreed to keep the cost at $4,000.
See attached letter and agreement.
D. Resolution Accepting Resignation of Community Service Officer Brandon Wenande —
Community Service Officer Brandon Wenande has accepted a licensed deputy sheriff
position with Wright County. His last day with the Medina Police Department will be
July 15, 2016. Staff recommends approving the resolution accepting his resignation.
See attached memo, resolution and letter.
E. Authorize Recruitment for Community Service Officer Position — Staff requests
authorization to begin the recruitment process to replace Community Service Officer
Brandon Wenande.
See attached job posting.
VII. PRESENTATIONS
A. CenterPoint Energy Community Partnership Grant — Kevin Busscher with CenterPoint
Energy Community Partnership Grant will be at the City Council meeting to present a
check for $1,560 for a new radar indicator sign.
See attached letter.
VIII. NEW BUSINESS
A. Just for Kix — Site Plan Review, Hardcover Variance, Lot Combination at 45 Highway 55
— Public Hearing - Clough Properties, LLC has requested approvals to construct an
18,040 square foot commercial building at property currently addressed as 45 Highway
55. The applicant intends to operate their dance studio, Just for Kix, in the structure
along with a small related retail operation. The subject site is located on the eastern City
border, south of Highway 55 and north of the railroad right-of-way.
See attached report.
Potential Motion: Direct staff to prepare resolutions approving the plat,
variance, and site plan review requests for Just for Kix, upon the findings
described in the staff report and subject to the conditions recommended by the
Planning Commission.
IX. OLD BUSINESS
A. Jeffrey -Johnson Lot Line Rearrangement — Glenn Jeffrey has requested a lot line
rearrangement between his property at 2605 Willow Drive and neighboring property at
2505 Willow Drive. The property owners are still discussing the proposed lot line
rearrangement and they are not ready for the City Council to take action on this item. The
public hearing was opened at the June 21st meeting to be continued to the July 5th
meeting. The City Council must reopen the public hearing, receive any comments, and
then close it.
No attachments for this item.
Recommended Action: Open the Public Hearing, receive any comments, and
then close the public hearing.
XII. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 003711E-003725E for $50,699.46,
order check numbers 44494-44544 for $162,264.21, and payroll EFT 507250-507276 for
$47, 739.34.
INFORMATION PACKET
• Planning Depai tuient Update
• Police Department Update
• Public Works Department Update
• Claims List
2
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF
JUNE 21, 2016
The City Council of Medina, Minnesota met in special session on June 21, 2016 at 6:00
p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Mitchell, Anderson, Cousineau, Martin, Pederson
Members absent:
Also present: City Administrator Scott Johnson, Public Works Director Steve
Scherer, Finance Director Erin Barnhart, Public Safety Director Ed Belland and City
Planner Dusty Finke
II. Elm Creek Watershed Update
Elm Creek Watershed Chair Doug Baines provided the City Council with a brief history
of the watershed, explained the proposed $215,000 budget for 2017 (Medina's portion is
7.98%), and provided an update on the 3rd Generation plan for the watershed. The City
Council thanked Chair Baines and Medina Elm Creek Representative Liz Weir for their
service on the watershed. mom
III. 2017 Budget — General Fund
Finance Director Erin Barnhart provided the City Council with the proposed budget for
2017. Staff provided a proposed budget that includes a 2.4% overall General Fund
increase. The City is also proposing a total levy increase of 1.6%. Barnhart discussed
the addition of a part-time Public Works position (following the 10 year staffing plan),
added maintenance funds for roads ($5,000), a proposed cost of living increase of 2%,
and the need to maintain quality service levels. A very preliminary estimation shows the
tax rate would decrease from 23.342% (2016) to 22.269% (2017) which is a 4.6%
decrease. Council directed staff to move forward with the proposed 2017 budget.
Adjournment
Mitchell closed the meeting at 6:45 p.m.
Bob Mitchell, Mayor
Attest:
Jodi M. Gallup, City Clerk
Medina City Council Special Meeting Minutes 1
June 21, 2016
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 21, 2016
4
5 The City Council of Medina, Minnesota met in regular session on June 21, 2016 at 7:00
6 p.m. in the City Hall Chambers. Mayor Mitchell presided.
7
8 I. ROLL CALL
9
10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell.
11
12 Members absent: None.
13
14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
15 Jim Stremel, City Planner Dusty Finke, City Finance Director Erin Barnhart, Public
16 Works Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary
17 Amanda Staple.
18
19 II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
20
21 III. ADDITIONS TO THE AGENDA (7:00 p.m.)
22 The agenda was approved as presented.
23
24 IV. APPROVAL OF MINUTES (7:00 p.m.)
25
26 A. Approval of the June 7, 2016 Regular City Council Meeting Minutes
27 It was noted on page three, line 16, it should state, "...be seen result in City tax
28 increase..." On page three, line 49, it should state, "...should at least be limited to the
29 losses caused by the City's negligence." On page three, line 30, it should state,
30 "...compensation for to the City for providing regional assistance." On page three, line
31 34, it should sate, "...per year for that use as a lease for a course of approximately ten
32 years..." On page four, line 27, it should state, "Martins Martin..." On page four, line 50,
33 it should state, "...Mrs. Leatherdale..." On page four, line 15, it should state,
34 "...language included regarding a provision to recover..." On page four, line eight, "...OR
35 contract as contract work..." On page four, line 33, it should state, "...Comprehensive
36 Plans of surrounding cities." On page five, line two, it should state, "..."Mrs.
37 Leatherdale..." On page six, lines 44, it should state, "...developed the road project is
38 not just pavement and base and staff..." On page six, line 48, it should state, "...road
39 itself, stormwater improvements, and turn lane improvements for from Homestead Trail."
40 On page six, line 50, it should state, "...storm water improvements as well as grading..."
41
42 Moved by Anderson, seconded by Cousineau, to approve the June 7, 2016 regular City
43 Council meeting minutes as amended. Motion passed unanimously.
44
45 V. CONSENT AGENDA (7:07 p.m.)
46
47 A. Approve Quote from Ditter for Ductless Air Conditioning System in City
48 Council Chambers
49 B. Resolution No. 2016-47 Appointing Election Judges for the August 9, 2016
50 Primary Election and the November 8, 2016 General Election
Medina City Council Meeting Minutes 1
June 21, 2016
1 C. Resolution No. 2016-48 Appointing Absentee Ballot Board Election Judges
2 for the August 9, 2016 Primary Election and the November 8, 2016 General
3 Election
4 D. Resolution No. 2016-49 Recognizing Charmane Domino for 10 Years of
5 Service to the City of Medina
6 E. Resolution No. 2016-50 Approving Proposed Transfers and Assignment of
7 Fund Reserves
8 F. Call for a Concurrent City Council/Planning Commission Workshop to
9 Discuss the Draft Comprehensive Plan on August 3, 2016 at 5 p.m. at City
10 Hall
11 G. Approve Proposal for Engineering Services on Pinto Drive Quite Zone
12 Application with TKDA
13 H. Resolution No. 2016-51 Amending 2016 Appointments and Designations to
14 Various City Services, Authorities, Commissions and Agencies
15 Anderson commended Pederson for the excellent job he did as a public safety liaison
16 and thanked Martin for her willingness to step up and take on that challenge.
17
18 Pederson stated that he did not feel he was making a difference and therefore chose to
19 step down from that appointment and believes that Martin will be able to make a
20 difference.
21
22 Johnson thanked Charmane Domino for her ten years of excellent service, noting that
23 she was unable to attend tonight.
24
25 Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion
26 passed unanimously.
27
28 VI. COMMENTS (7:10 p.m.)
29
30 A. Comments from Citizens on Items not on the Agenda
31 There were none.
32
33 B. Park Commission
34 Scherer reported that the June meeting for the Commission has been canceled. He
35 advised that the scoreboard was installed at Hamel Legion Park. He provided a brief
36 update on the Fields of Medina Park and the Arrowhead Trail project. He noted that
37 there have been some suggestions for Walnut and Maple Parks and advised that he
38 recommended that the residents bring their suggestions to the next Park Commission
39 meeting.
40
41 C. Planning Commission
42 Planning Commissioner White reported that the Planning Commission met the previous
43 week to consider a PUD Concept Plan from the Excelsior Group, noting that the
44 Commission felt that the plan did not meet the objectives for a PUD. She noted that the
45 draft Comprehensive Plan has the land marked as rural residential, which will be a
46 change from the current low density residential guiding. She stated that the Commission
47 considered requests from Just for Kix and recommended approval of the requests,
48 noting that the Commission felt that a little more modulation was needed on three sides
49 of the proposed building.
50
51 VII. PRESENTATIONS
Medina City Council Meeting Minutes 2
June 21, 2016
1
2 A. Call for Sale of Bonds — Refunding of 2008A G.O. Bonds — Stacie Kvilvang,
3 Ehlers (7:13 p.m.)
4 Johnson noted that there is an opportunity to refinance the 2008A G.O. Bonds the City
5 currently has from the Uptown Hamel project.
6
7 Stacie Kvilvang stated that this would be an advance refunding, which means that the
8 City is completing this more than 90 days before the call date. She noted that the bond
9 term would not be changing, but about $66,000 would be saved over the course of the
10 bond term because of the anticipated lower interest rate.
11
12 Anderson asked which fund the savings would be applied to.
13
14 Barnhart replied that the savings would be applied to the TIF District.
15
16 1. Resolution No. 2016-52 Providing for Sale of $1,280,000 General
17 Obligation Refunding Bonds; Series 2016A
18 Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2016-52 Providing
19 for the Sale of $1,280,000 General Obligation Refunding Bonds; Series 2016A. Motion
20 passed unanimously.
21
22 Mitchell commented that this is excellent work by staff and Ehlers.
23
24 VIII. OLD BUSINESS
25
26 A. Deerhill Preserve (formerly Stonegate) CD-PUD Final Plat; Right -of -Way
27 Vacation; Deerhill Road Public Improvement Project (7:15 p.m.)
28 Mitchell recused himself from this item.
29
30 Pederson took over as Acting Mayor.
31
32 Finke noted that this project has been discussed numerous times over the past year,
33 noting that Preliminary Plat approval was granted in October 2015. He noted that the
34 Final Plat was reviewed and the hearing for the vacation of right-of-way was completed
35 by the Council on April 5th. He noted that the storm sewer hearing was held on May 17th.
36 He stated that the applicant has requested a reduction in park dedication in recognition
37 of the permanent protection of the conservation area, noting that flexibility is allowed
38 under a CD-PUD. He noted that the Preliminary Plat required deeding of Outlot A,
39 granting trail easements throughout the conservation area, and a fee of $178,636.42.
40 He stated that the land proposed for dedication plus $102,000, suggested by the
41 applicant, would equate to approximately 65 percent of the total dedication required.
42
43 Pederson asked if the reduction was talked about previously or whether it was just
44 brought up at this point.
45
46 Finke stated that the applicant has brought this request forward to staff and the Park
47 Commission.
48
49 Batty stated that the Council has not discussed that reduction until tonight, noting that
50 this is the first time that the Council has been asked for less than what was specified in
51 the Preliminary Plat. He stated that this is a complicated project with ongoing
Medina City Council Meeting Minutes 3
June 21, 2016
1 discussion, noting that this item has been a sticking point. He stated that at the time of
2 Preliminary Plat approval the applicant stated that they would exercise their rights to
3 appeal the dedication. He noted that he felt it was important to bring closure to this
4 project and therefore there was discussion among staff. He stated that if there was
5 going to be a compromise in the park dedication that should be done in a manner that
6 would not set precedent in the City. He explained that because this is a CD-PUD there
7 is additional flexibility allowed. He noted that the City would still receive the trails and
8 Outlot A in addition to the cash proposed and felt comfortable with that negotiation under
9 the CD-PUD. He stated that if this issue is not resolved the developer has reserved their
10 right to contest which would cost the developer and the City additional funds. He did not
11 believe it would be useful to spend additional funds on lawyers for this project. He
12 commented that there has been great progress in the relationship between the City and
13 developer and believed that should continue as this is a multi -phase project.
14
15 Pederson stated that his understanding that the Preliminary Plat must stay the same as
16 the Final Plat and was concerned that would be changing.
17
18 Batty stated that the terminology is a bit misleading, noting that although the conditions
19 are set at Preliminary Plat the parties can mutually agree to change items.
20
21 1. Resolution No. 2016-53 Granting Final Plat Approval for Deerhill
22 Preserve
23 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2016-53 Granting
24 Final Plat Approval for Deerhill Preserve, changing condition ten to reflect $120,000.
25 Motion passed unanimously.
26
27 2. Conservation Design — Planned Unit Development Agreement by
28 and between the City of Medina and Property Resources
29 Development Corporation for Deerhill Preserve
30 Moved by Martin, seconded by Anderson, to approve the Conservation Design Planned
31 Unit Development Agreement by and between the City of Medina and Property
32 Resources Development Corporation for Deerhill Preserve. Motion passed
33 unanimously.
34
35 3. Resolution No. 2016-54 Vacating a Portion of the Deerhill Road
36 Right -of -Way Approximately One -Half Mile West of Willow Drive
37 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2016-54 Vacating a
38 Portion of the Deerhill Road right-of-way approximately one-half mile west of Willow
39 Drive. Motion passed unanimously.
40
41 4. Ordinance No. 599 Establishing the Deerhill Preserve Storm Sewer
42 Improvement Tax District
43 Moved by Martin, seconded by Anderson, to adopt Ordinance No. 599 Establishing the
44 Deerhill Preserve Storm Sewer Improvement Tax District. Motion passed
45 unanimously.
46
47 5. Resolution No. 2016-55 Authorizing Publication of Ordinance No.
48 599 by Title and Summary
49 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2016-55 Authorizing
50 the Publication of the Deerhill Preserve Storm Sewer Improvement Tax District
51 Ordinance by Title and Summary. Motion passed unanimously.
Medina City Council Meeting Minutes 4
June 21, 2016
1
2 6. Resolution No. 2016-56 Regarding the 2015 Deerhill Road Extension
3 Project; Accepting the Feasibility Report, Ordering the Improvement
4 Project, Approving the Plans and Specifications, and Authorizing
5 Advertisement for Bids
6 Moved by Martin, seconded by Anderson, to adopt the Resolution No. 2016-56
7 Regarding the 2016 Deerhill Road Extension Public Improvement Project. Motion
8 passed unanimously.
9
10 Mitchell rejoined the Council.
11
12 IX. NEW BUSINESS
13
14 A. Excelsior Group LLC — PUD Concept Plan Review — 2120 and 2212
15 Chippewa Road (7:30 p.m.)
16 Martin recused herself from this discussion.
17
18 Finke noted that the Council will only be asked to provide comments on the Concept
19 Plan at this time. He stated that the subject site is 37 acres in size with approximately
20 31 of those acres buildable. He stated that the land is included in the 2021 staging area,
21 with the ability to jump ahead two years which would be 2019. He stated that these
22 properties could have previously been developed in 2016 but advised that the City
23 amending the staging plan previously to delay development because of the decreased
24 density for the City within the system statements from the Metropolitan Council. He
25 identified the parcels and the surrounding property uses. He noted that access is
26 proposed from Chippewa Road with a park proposed in the center of the project. He
27 advised that there were roads stubbed to neighboring properties to the north, but
28 explained that alignment may need to be changed as the neighboring properties are
29 guided for rural residential under the draft Comprehensive Plan. He advised that the
30 draft Comprehensive Plan is expected to be in place prior to the time this property would
31 be allowed to develop and therefore the Concept Plan should be considered under the
32 draft Plan. He stated that if the Council supports the concept it would be possible to
33 amend the draft Comprehensive Plan. He described the proposed site layout of 87
34 small single family lots, noting that the proposed plan would have a density of 2.8 units
35 an acre compared to the two lots per acre allowed under low density residential. He
36 described some transportation issues that would be impacted by this concept. He stated
37 that the Planning Commission was not supportive of this concept and suggested that if a
38 formal application were to move forward the applicant should have larger lots.
39
40 Ben Schmidt, Excelsior Group, stated that they did hear the comments of the Planning
41 Commission in regard to larger lots and stated that they are not opposed to that and
42 would be willing to consider that. He stated that the unit mix was proposed because of
43 the neighboring Wealshire use and the lack of that product type in Medina. He stated
44 that they were aware that the project had been pushed back in the staging plan and
45 believed that this plan would meet the criteria necessary to jump ahead in the staging
46 plan. He stated that they believe that it would make sense for this property to develop
47 sooner rather than later. He noted that one of the main criteria in the staging plan was
48 whether the project could be served by existing infrastructure and stated that as far as
49 they know the property can be served by the existing infrastructure. He stated that
50 almost all the wetland would be preserved. He stated that they believed this project
51 would work well with the Wealshire property and the neighboring employment centers.
Medina City Council Meeting Minutes 5
June 21, 2016
1 He stated that they would entertain changes to the Concept Plan and would like to know
2 if the Council is willing to consider development on that site or whether the development
3 is going to be pushed back.
4
5 Mitchell asked about the minimum lot size, width and depth for rural residential.
6
7 Finke provided those calculations.
8
9 Pederson stated that he attended the Planning Commission meeting and commented
10 that in his opinion the road system is adequate. He stated that he did not think it would
11 make a difference whether the City builds out Chippewa to the east. He stated that he
12 would like to see larger lot sizes and a larger park in the center. He stated that the big
13 question would be the staging as the property is currently going to be guided from low
14 density to rural residential in the draft Comprehensive Plan.
15
16 Anderson stated that Pederson made some great points, agreeing that the lot size is too
17 small. He was unsure that the PUD criteria are met. He stated that he would like to
18 protect the work the Steering Committee has done but also acknowledges that the
19 property is currently zoned low density.
20
21 Cousineau stated that 18 months ago the City slowed down the development through
22 the staging plan and she cannot ignore that fact. She stated that in her opinion this is
23 then a when question rather than a yes or no. She stated that in her mind she would
24 consider this application under the current Comprehensive Plan as the draft is just a
25 draft.
26
27 Batty agreed that the current Comprehensive Plan is the guiding document at this time
28 but agreed with the logic of staff. He stated that the broad question would be whether
29 the City is ready for this to be developed or whether the development should continue to
30 be pushed back.
31
32 Mitchell stated that the Wealshire property was approved for development without
33 perhaps considering the development timing for the neighboring properties. He stated
34 that perhaps it would make sense for something less than rural residential to be next to
35 Wealshire.
36
37 Pederson stated that at the Planning Commission meeting the neighbors to the north of
38 the project were not happy that they would not be allowed to develop in anything outside
39 of R-1. He stated that the people in the northern part of the City believe that the
40 development has been focused in the north but noted that is because the sewer pipes
41 began in that area.
42
43 Bruce Workman stated that he has lived in this City for 30 years and worked on the 1990
44 Comprehensive Plan when he was on the Planning Commission. He stated that since
45 that time he has watched the property go in and out of development. He noted that they
46 were planning on developing the property in 2016 but then the staging plan was
47 changed and a commercial site, Wealshire, was allowed to develop. He stated that in
48 his opinion it is time to allow this property to develop and the property around this
49 property to the north. He stated that if the City can get what it wants and the developer
50 is satisfied then now is the time to develop or these properties would be developed into
51 five acre lots.
Medina City Council Meeting Minutes 6
June 21, 2016
1
2 Anderson stated that he is cold on the project because it moves the staging process too
3 far forward.
4
5 Cousineau agreed with Anderson and that is her opinion as well, not today but perhaps
6 in 2019.
7
8 Pederson stated that Mr. Workman is correct that this has been a long time coming. He
9 stated that he drives the road every day and does not see a major problem with the
10 project.
11
12 Cousineau stated that if this property remains as low density in the draft Comprehensive
13 Plan, then perhaps another site is changed to rural residential in order to balance that
14 out.
15
16 Anderson noted the comment and stated that he would pass that onto the Steering
17 Committee.
18
19 Mitchell stated that this would push development further west which is desirable but
20 acknowledged the timing issue because of the staging plan. He noted that he was not
21 thrilled with the small lot size and would recommend meeting the low density zoning
22 requirements. He stated that in his opinion Wealshire changed things for that area.
23
24 Pederson agreed that the Wealshire project did change things for that area.
25
26 Martin rejoined the Council.
27
28 B. LeJune — Lot Line Rearrangement — 2782 and 2820 County Road 24 (7:57
29 p.m.)
30 Finke stated that the proposal would combine and rearrange lot lines, which would
31 improve conformance with different City regulations. He stated that staff recommends
32 replacement easements along new property lines and that the applicant considers
33 requesting vacation of the old easements along the lot lines. He stated that the
34 applicant has interest in making that request but would like to move this ahead in order
35 to move forward a closing on one of the properties. He provided an aerial photograph
36 identifying the newly proposed lot lines. He stated staff recommends approval of the
37 request.
38
39 Martin asked if the applicant would agree to a front yard setback, larger than 50 feet,
40 from County Road 24 in order to preserve the view shed.
41
42 Finke stated that there is no construction proposed at this time.
43
44 Martin stated that perhaps a condition could be included to require an enhanced
45 setback.
46
47 Batty stated that at this point he did not see a connection between the land use activity
48 the Council is being asked to consider and requiring an increased setback. He noted
49 that the applicant could voluntarily agree to the condition.
50
51 Mitchell stated that 99 people out of 100 develop their property very nicely.
Medina City Council Meeting Minutes 7
June 21, 2016
1
2 Mike Steadman, realtor representing the applicant, stated that they agree with the
3 recommendations of staff as this would be an improvement to clean up the lot lines. He
4 stated that they would not agree to any setback changes at this time as they are working
5 hard for the LeJunes to move ahead with a closing on the property.
6
7 1. Resolution No. 2016-57 Approving a Lot Line Rearrangement
8 between 2782 and 2820 County Road 24
9 Moved by Martin, seconded by Pederson, to adopt Resolution No. 2016-57 Approving a
10 Lot Line Rearrangement between 2782 and 2820 County Road 24. Motion passed
11 unanimously.
12
13 C. Jeffrey -Johnson Easement Vacation — Public Hearing (8:08 p.m.)
14 Johnson stated that staff is asking the Council to open the public hearing and continue
15 the hearing as the applicants are still negotiating their agreement. He noted that the
16 item would be continued to the July 5th meeting.
17
18 Mitchell opened the public hearing at 8:09 p.m.
19
20 No comments made.
21
22 Moved by Martin, seconded by Cousineau, to continue the public hearing related to the
23 vacation of drainage and utility easements on 2605 Willow Drive to the July 5, 2016 City
24 Council meeting. Motion passed unanimously.
25
26 X. CITY ADMINISTRATOR REPORT (8:10 p.m.)
27 Johnson stated that the lower level project stalled this past week. A plumbing permit is
28 needed for the project to proceed. Activity is expected to resume the week of July 4th.
29 He noted that the contractor will begin building walls this week.
30
31 XI. MAYOR & CITY COUNCIL REPORTS (8:11 p.m.)
32 Cousineau stated that she attended the League of Minnesota Cities conference, noting
33 that the conference was partnered with the Alliance for Innovation and therefore not all
34 aspects applied directly to Medina. She stated that she was reassured by some of the
35 things Medina is doing such as organized waste removal. She believed that technology
36 and social media would be a great focus for the future. She stated that the City has an
37 amazing staff to collaborate with and commended staff for their efforts.
38
39 Mitchell stated that he would want to ensure that Charmane Domino receives her
40 photograph in the paper and is recognized formally for her 10 years of service.
41
42 Martin stated that perhaps 15 minutes of a workshop should be devoted to technology,
43 specifically to review the City's website and Facebook page.
44
45 Cousineau noted that another city commented that they use social media to
46 communicate with their younger population.
47
48 Johnson agreed that technology should be discussed at a future workshop.
49
Medina City Council Meeting Minutes 8
June 21, 2016
1 Martin stated that she attended the antique festival the previous weekend in Uptown
2 Hamel and found it to be wonderful. She stated that she would like to see more of that
3 kind of activity as it can bring additional sales to the other businesses in the City as well.
4
5 XII. APPROVAL TO PAY THE BILLS (8:17 p.m.)
6 Moved by Anderson, seconded by Martin, to approve the bills, EFT 003693E-003710E
7 for $48,816.33, order check numbers 44441-44493 for $128,843.65, and payroll EFT
8 507223-507249 for $47,700.71. Motion passed unanimously.
9
10 XIII. ADJOURN
11 Moved by Anderson, seconded by Martin, to adjourn the meeting at 8:17 p.m. Motion
12 passed unanimously.
13
14
15
16
17
18
19
20
21 Bob Mitchell, Mayor
22 Attest:
23
24
25 Jodi M. Gallup, City Clerk
Medina City Council Meeting Minutes 9
June 21, 2016
4 7..T
INC. V C� From: Tom
MULTIPLE CONCEPTS INTERIORS
Affirmative Action Plan/Equal Opportunity Employer
26 First Avenue North - Waite Park, MN 56387 Ph. (320) 253-5078 Fx. (320) 253-9458
Ba11 - Project Manager 612-801-5494 Email: tball@mcicarpetone.com
Proposal Submitted To
City of Medina- Scott Johnson
Email
Date
5/27/16
Street
Job Name
Upper Level Carpet Remodel
City, State, Zip Code
Job Location
Medina, MN City Hall
Architect
Date of Plans
Emailed
Addendum(s):
We Propose:
Provide and install Bolyu Relay
All bids include: Take-up and disposal
4.5" carpet base or vinyl base.
All bids exclude: Furniture moving,
hours
Notes:
Proposal includes minor floor prep
Additional floor prep will be billed
Proposal does not include removal
and flatness.
Hereby to furnish materials
in color of your choice. This
of existing broadloom
major floor repair if existing
only (ie Skimming small
and labor complete per specification as outlined below.
is the same style that is on your stairs: $7,936.00
carpet and vinyl or carpet base and installation of new 4" or
floor or fill that comes up during removal, overtime and night
holes and small cracks).
hour, plus all costs of materials required.
or adhesives. Substrate must meet specs for smoothness
at $ 85.00 per
of existing floor materials
We propose hereby to furnish material and labor - complete in accordance with above specifications for the sum
Seven Thousand Nine Hundred Thirty-six and no/100s dollars $7,936.00
of:
MCI
per standard practices. Any
charge over and above the estimate. All
workers are fully covered by Workmen's
legal action shall be entitled to recover
by us if not accepted
PAYMENT TERMS: Net 30 days of invoice date using cash, check, or credit
will be the responsibility of the buyer. A monthly service charge will be added at the
We reserve the right to perfect mechanics lien rights when applicable.
All materials is guaranteed to be as specified. All work to be completed in a substantial
alteration or deviation from above specifications involving extra costs will be executed
agreements contingent upon strikes, accidents or delays beyond our control. Owner
Compensation Insurance. If either party commences legal action to enforce its rights
its reasonable attomey's fees and costs of litigation relating to said legal action, as
Authorized
Signature
card. Any collection fees or attorneys fees incurred by
rate of 1.5% per month (18% annum)
workmanlike manner according to specifications submitted,
only upon written orders, and will become an extra
to carry fire, tomado and other necessary insurance. Our
pursuant to this aggreement, the prevailing party in said
determined by a court of competent jurisdiction.
NOTE: this proposal may be withdrawn
within 60 days.
ACCEPTANCE OF PROPOSAL: The above prices, specifications and
conditions are satisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as outlined above.
Signature
Signature
Date of Acceptance
cooo
Inc.
Name / Address
CITY OF MEDINA
2052 COUNTY ROAD 24
MEDINA, MN 55340
15410 9th Ave. N.
Plymouth, MN 55447
76:3-476-4962 office
612-867-8694 cell
Description
Estimate
Date
6/7/2016
Install at
UPPER LEVEL OFFICE
AREAS
2052 COUNTY ROAD 24
MEDINA, MN 55340
Rate
2160 SQ/FT. CARPET; RELAY, EMBER GLOW. INSTALLED
DIRECT GLUE DOWN
350 FT. CARPET BASE; CUT, BOUND, .AND INSTALLED
TAKE UP GLUE DOWN CARPET & DISPOSAL
*FURNITURE MOVING BY THE CITY OF MEDINA
50% DOWN
BALANCE DUE ON COMPLETION
2.86
1.65
1,120.00
Total
6,280.56
577.50
1,120.00
J
Total $7,978.06
J
Snow and Sun Painting
2500 New Brighton Blvd., STE 203
MPLS, MN 55418
Name / Address
Medina City Hall
2052 County Rd. 24
Medina, MN 55430
Estimate
Date
Estimate #
5/31/2016
2
Project
Description
Qty
Rate
Total
Paint 2nd floor of the city Hall wall, doors and windows trims
1
4,200.00
4,200.00
Total
$4,200.00
tegret7
formerly CARLSON BUILDING SERVICES
NAME / ADDRESS
City of Medina
Attn: Accounts Payable
2052 County Road 24
Medina, MN 55340
ESTIMATE
DATE
6/17/2016
ESTIMATE NO.
26312
Ship To
City of Medina
2052 County Road 24
Medina, MN 55340
DESCRIPTION
QTY
COST
TOTAL
Painting - Prep paint two coats upstairs at City Hall (excludes the lobby, men's & women's
restrooms and the conference room per Scott Johnson)
Painting - Paint ten doors (excludes jambs)
Painting - Paint Eight (8) double crank out awning window extension jambs and casings
Wall paint to be Sherwin Williams SherScrub Egg Shell
Window and door paint to be Sherwin Williams Pro Industrial
***Price subject to change if not accepted within 45 days.
4,622.00
4,622.00
1,160.00
1,160.00
1,856.00
1,856.00
TOTAL
S7,638.00
4111 Mackenzie Court NE, Suite 100, St. Michael, MN 55376
(763) 497-8020 Fax (763) 497-8564
www.tegrete.com
RES Specialty Pyrotechnics
MAGIC IN THE AIR
Monday, June 26, 2016
Jodi Gallup
City of Medina
2052 County Road 24
Medina, MN 55340
Dear Jodi:
We would be delighted to design another fireworks program for the City of Medina on
Saturday, September 17, 2016.
Our proposal indicates size, shell effect, and quantity of shells. The shells listed in our
proposal will be used to design the following segments: Opening Barrage, Main Show
Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrage Cake,
and Grand Finale. Our show design uses piled, stacked and multi -break shells. Our
displays are electronically fired for added safety.
Our customer service and communication principles are based on personal
relationships. We listen to your needs and expectations. We then implement them into
your program, resulting in a unique one -of -a -kind show. Our displays are a turnkey
operation and are coordinated with your event. The entire show is electronically fired
for added safety.
Our proposal includes all materials, equipment, certified display operators, necessary
permits, and $5,000,000.00 liability insurance. The total cost will be $4,000.00.
In closing, let me state that I can personally guarantee you a show with a finale so
intense that you will forget to breathe. Please feel free to contact me should you have
any additional questions.
Please feel free to contact me should you have any additional questions.
Sincerely,
Adam Guthrie
Account Manager
RES Specialty Pyrotechnics, Inc.
21595 286th Street ■ Belle Plaine, MN 56011 ■ Phone: 952.873.3113 ■ Fax: 952.873.2859
RES Specialty Pyrotechnics
MAGIC IN THE AIR
DISPLAY CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into on this 26th day of June, 2016 between RES Specialty
Pyrotechnics, Inc. hereafter referred to as the SELLER and City of Medina, hereafter referred to as the
BUYER.
IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS:
Service Provided
Date(s)
Time
Duration
Location
Event Sponsor
OBLIGATIONS OF SELLER:
Outdoor Fireworks Display
Saturday, September 17, 2016
8:00 PM (approximately)
16-18 minutes (depending on intensity)
Hamel Community Building; Medina, MN
City of Medina
SELLER shall provide all materials, equipment and personnel necessary to perform the above -mentioned
display.
SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010
edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2006 edition.
SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks
display and cleanup.
SELLER shall include the BUYER, as co-insured on Certificate of Insurance.
OBLIGATIONS OF BUYER:
BUYER shall provide a suitable location for firing of the fireworks display.
BUYER shall provide and cover all costs for security, safety and cleanup at the display site.
TERMS AND CONDITIONS:
The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude
upon the completion of the display. This agreement shall run no longer than one (1) calendar year.
However, if before the date of the scheduled performance, the BUYER has not performed fully its
obligations under the terms of this agreement or that the financial credit of the BUYER has been
impaired, the SELLER may cancel this agreement at any time.
In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the
option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the
SELLER for any damages, compensation or costs incurred including but not limited to attorney and court
fees in addition to the compensation herein.
The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the
SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually
agreeable date.
21595 286th Street ■ Belle Plaine, MN 56011 ■ Phone: 952.873.3113 ■ Fax: 952.873.2859
Contracted amount: $4,000.00 inclusive of sales tax, if applicable.
Contracted amount includes fire watch and permit fee.
All payments shall be paid by BUYER to and in the name of RES Specialty Pyrotechnics, Inc. in the
form of a company check, certified bank check, money order, or cash.
CANCELLATION:
In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be
entitled to and receive 25% of the contracted fee for the remainder of the contract period plus
compensation for any pre- and post -production costs incurred.
THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement
or agreement has been given by one to the other to enter into this agreement other than expressly set
forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly
authorized officer of each party.
IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below.
CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS.
BUYER:
Title:
Signature:
Date:
SELLER: Adam Guthrie — RES Specialty Pyrotechnics
Title: Account Manager
Signature:
Date: 6/26/2016
21595 286th Street ■ Belle Plaine, MN 56011 ■ Phone: 952.873.3113 ■ Fax: 952.873.2859
MEDINA POLICE DEPARTMENT
MEMORANDUM
TO: City Administrator Scott Johnson and City Council
FROM: Chief Ed Belland
DATE: June 24, 2016
RE: Resignation of CSO Brandon Wenande
Agenda Item # 5D
p:763-473-9209
f:763-473.8858
non -emergency: 763 -5 25 -6210
Emergency 9-1-1
On June 22, 2016, I was notified by Community Service Officer (CSO) Brandon Wenande
that he has accepted a full-time deputy sheriff's position with the Wright County Sheriff's
Office. Brandon will start with Wright County on July 18th, 2016.
Brandon has done an excellent job for our department. He has been here just over two years.
In those two years, he has taken our Bike Rodeo and moved it to the next level, and has been
very successful in all the community events. He took on the computer updates for our squads
and has been very effective working on nuisance complaints throughout the city bringing
different properties into compliance as complaints have come in. He is a great team player
on our department and he will be missed.
I would ask the Medina City Council to accept Brandon Wenande's resignation and give me
permission to move forward with the hiring of his replacement.
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2016-
RESOLUTION ACCEPTING RESIGNATION OF COMMUNITY
SERVICE OFFICER BRANDON WENANDE
WHEREAS, Brandon Wenande is currently employed as a Community Service Officer by
the city of Medina; and
WHEREAS, on June 24, 2016, Brandon Wenande submitted a letter of resignation from his
position addressed to the Police Chief; and
WHEREAS, Brandon Wenande's resignation from his position shall become effective on
July 15, 2016.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that
Brandon Wenande's letter of resignation is hereby accepted with gratitude for a job well done.
Dated: July 5, 2016.
Bob Mitchell, Mayor
ATTEST:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-
July 5, 2016
Chief Edgar Belland
Medina Police Department
600 Clydesdale Trail
Medina, MN 55340
June 24, 2016
Dear Chief Belland,
Please accept this letter as my formal notice of resignation from the Medina Police Department as a
Community Service Officer. My last day of employment will be July 15, 2016.
Thank you for the opportunity to work for such an outstanding organization.
J
Brandon Wenande
Agenda Item # 5E
PART-TIME COMMUNITY SERVICE OFFICER
JOB ANNOUNCEMENT
The Medina Police Department is seeking a qualified individual for the position of
Community Service Officer. Applicants must be 18 years of age, or older, community
oriented, certified in first responder training, possess a valid driver's license, and
currently enrolled in an accredited law enforcement program. Hourly rate is $14/hr. The
position is classified as part-time temporary and will work 20-24 hours per week with
flexibility on work hours. A City application packet may be obtained at Medina City
Hall, County Road 24, Medina, MN 55340, or on the City's website at
www.medinamn.us, or by calling (763) 473-8850. Application materials to be submitted
to Jodi Gallup at Medina City Hall; application packets must be received at City Hall no
later than 4:30 p.m. on August 8, 2016.
C CenterPoint®
Energy
May 10, 2016
Kevin Boecker
City of Medina
2052 Hennepin Co Rd 24
Medina, MN 55340
505 Nicollet Mall
PO Box 59038
Minneapolis, MN 55459-0038
Dear Mr. Boecker:
Thank you for submitting an application for a CenterPoint Energy Community Partnership Grant.
I am pleased to inform you that a grant in the amount of $1560 has been awarded to the City of Medina
for radar indicator sign.
We would appreciate the opportunity to present the Community Partnership Grant check at a council
meeting in June, July or August.
Please provide the following information via fax to Community Relations at 612-321-4812 or
return via email to: beth.brown@centerpointenergy.com
June, July and August Council meetings:
Dates:
Time:
Location:
Name of contact and phone number to schedule attendance:
We will coordinate with a CenterPoint Energy representative to attend and present the Community
Partnership Grant check.
Congratulations and thank you for making safety a top priority in your community.
Sincerely,
Jean Krause
Director, Community Relations
Agenda Item # 8A
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: June 29, 2016
MEETING: July 5, 2016 City Council
SUBJ: Just for Kix — Site Plan Review, Hardcover Variance, Lot Combination
45 Highway 55 — Public Hearing
Review Deadline
Complete Application Received: April 18, 2016
Review Deadline (120 days): August 16, 2016
Summary of Request
Clough Properties, LLC has requested approvals to construct an 18,040 square foot commercial
building at property currently addressed as 45 Highway 55. The applicant intends to operate
their dance studio, Just for Kix, in the structure along with a small related retail operation.
The subject site is located on the eastern City border, south of Highway 55 and north of the
railroad right-of-way. The property currently includes a single family home. Elm Creek flows
through the northwest
corner of the property
before flowing under
Highway 55. There are a
number of trees along the
bank of Elm Creek and also
trees to the east of the home.
Much of the property is
vacant. An aerial of the site
can be found to the right.
The subject site is zoned
Commercial Highway -
Railroad (CH -RR), the same
as the property to the west
of Sioux Drive. The City
rezoned the property from
Uptown Hame1-2 to CH -RR
in 2015 at the request of the
property owner. In addition,
earlier in the year, the City
recently annexed an
approximately 1/2 acre
portion of the property from
the City of Plymouth.
Just for Kix
Site Plan Review
The applicant has requested the following land use applications in order to allow for the
proposed redevelopment of the site.
1) Plat to combine the property which was annexed by the City
2) Variance — the applicant requests a variance to exceed the maximum of 25% impervious
surface permitted in the Shoreland Overlay district of Elm Creek.
3) Site Plan Review for construction of a new commercial building.
Although this staff report will generally describe the site plan review first for the sake of context,
staff recommends that the Planning Commission and City Council consider the plat first, then the
variance, since the site plan review would be contingent upon the plat and variance.
Site Plan Review
Section 825.55 requires Site Plan Review approval prior to issuance of permits for new
commercial developments to determine whether it is consistent with relevant requirements.
Proposed Use
Dance studios and retail uses are listed as permitted uses in the CH -RR zoning district.
Setbacks/Lot Dimensions
Following is a summary of the proposed construction compared to the requirements of the
CH -RR zoning district and shoreland overlav district:
CH -RR Requirement
Proposed
Minimum Lot Area
1 acre
2.19 acre
Minimum Lot Width
100 feet
498 feet
Minimum Lot Depth
120 feet
540 feet
Minimum Front Yard Setback
25 feet
50 feet
Minimum Interior Side Yard Setback
15 feet
25 feet
Minimum Rear Yard Setback
25 feet
76 feet
Street Setback (arterial)
50 feet
50 feet
Railroad Setback
Zero, except as necessary for
safety, fire access, or utilities
76 feet (building)
3 feet (parking)
Setback from Residential
50 feet
280 feet
Minimum Parking Setbacks
Front Yard
Rear/Interior Side Yards
Residential
25 feet
10 feet
40 feet
27 feet
32 feet
255 feet
Maximum Impervious Surface
25% (Shoreland Overlay)
50%
Wetlands/Floodplain/Shoreland
Elm Creek flows through the northwest corner of the subject property. There are wetlands
adjacent to the creek that will require upland buffers with an average width of 30 feet. These
required buffers are all within the required 50-foot Elm Creek buffer.
A smaller, 2520 square foot wetland is also located in the west central of the property. The
applicant proposes to fill this wetland in order to construct the building. The applicant proposes
to purchase wetland credits in order to mitigate the impact. This wetland currently provides
Just for Kix Page 2 of 10 July 5, 2016
Site Plan Review
City Council Meeting
storage for surface drainage from the surrounding area before it drains into Elm Creek. Staff was
originally concerned that filling this wetland area would channelize the drainage to Elm Creek
because of the loss of storage capacity from the wetland. The applicant has updated plans to
incorporate BMPs to slow this drainage before the creek. The wetland impacts would be subject
to Wetland Conservation Act (WCA) review.
There is a floodplain adjacent to Elm Creek with a 1% (100-year) regulatory elevation of 961.5
on the western property line and 960.8 on the east. There is also a 0.2% ("500-year") floodplain
of 962. No construction or grading is proposed that will affect the regulatory floodplain.
The Shoreland Overlay District requires the following standards for property within 300 feet of
streams:
• 50 foot structure and parking setback: The structure is setback 55 feet from the stream
and parking is proposed to be setback 183 feet.
• 25% impervious surface maximum. The applicant has requested a variance to allow up to
50% of the site to contain impervious surfaces. This will be discussed more in-depth
later in the report.
• Lowest level of the building shall be three feet above the ordinary high water level. The
proposed structure is over 10 feet above the high water level.
• "Shoreland Alteration - Alteration of vegetation or topography shall be regulated to
prevent soil erosion, preserve shoreland aesthetics, preserve historic sites, prevent bank
slumping, and protect fish and wildlife habitat. Vegetation alteration necessary for the
construction of structures and individual sewage treatment systems or for the construction
of roads and parking areas shall be exempt from the vegetation alteration standards of this
subdivision. Removal or alteration of vegetation, except for agricultural and forest
management uses, is allowed, subject to the following standards:
o Intensive vegetation clearing within the shore impact zone shall not allowed.
o In the shore impact zone, limited clearing of trees and shrubs and cutting, pruning, and
trimming of trees shall be allowed to provide a view to the water from the principal
dwelling and to accommodate the placement of permitted accessory structures or
facilities, provided that:
(1) the screening of structures, vehicles, or other facilities as viewed from the water,
assuming summer, leaf -on conditions, is not substantially reduced;
(2) along tributary streams, existing shading of water surfaces is preserved; and
(3) the above provisions are not applicable to the removal of trees, limbs, or branches
that are dead, diseased, or pose safety hazards."
The applicant proposes no alteration of vegetation within the shore impact zone.
Stormwater/LID
The applicant proposes two pretreatment basins and two filtration basins in order to meet the
City and Elm Creek Watershed standards. The design has been reviewed by both engineers and
appear to generally meet the standards.
The applicant proposes water quality improvements which exceed minimum City standards.
This additional treatment has been provided in an attempt to mitigate the requested variance for
Just for Kix
Site Plan Review
Page 3 of 10 July 5, 2016
City Council Meeting
additional hardcover in shoreland overlay district, which was a suggestion made by staff in this
instance and in similar variances in the past.
Building Materials
The applicant proposes primarily precast concrete exterior building materials. The proposed
building is approximately 50% concrete, 20% brick, 20% glass, and 10% exterior insulated finish
systems (EIFS).
Commercial districts require a minimum of 30% of the exterior materials to be brick, stone,
stucco, or glass. The code allows a maximum of 20% to be wood, metal, or hardiboard siding
and a maximum of 70% "decorative concrete...color impregnated in earth tones (rather than
painted) and...patterned to create a high quality terrazzo, brick, stucco, or travertine
appearance."
Material samples are available for review to determine whether the proposed precast concrete
has a sufficiently high quality finish and pattern.
Building Modulation/Fenestration/Multi-sided Architecture
Commercial districts require that "buildings shall be modulated a minimum of once per 40 feet
of building perimeter to avoid long, monotonous building walls. This modulation may include
varying building height, building setback, or building materials/design."
The proposed structure has a footprint of 186'x106'. This would require the building to be
modulated 5 times along the long facades and 3 along the shorter facades. The Planning
Commission had requested additional modulation and the applicant added vertical modulation on
the north and south elevations in the center of the building. The northern and western facades
appear to still be short of the modulation requirement. The applicant notes that the vertical brick
elements do bump out slightly, which provides some additional modulation.
Commercial districts require that "building elevations which face a public street shall include
generous window coverage. Alternative architectural elements may be approved by the city
when windows are not practical." The proposed northern fa9ade includes approximately 20% of
the facade area as glass, or 31 % of the linear frontage.
Commercial districts require that "any rear or side building elevation which faces a public street,
an interior access drive for the development, or a residential zoning district shall include design
and architectural elements of a quality generally associated with a front fagade. The elevation(s)
shall be compatible with the front building elevation." In this case, only the northern fa9ade
faces a public street. The northern fagade is fairly similar to the southern facade, with the
exception of the canopy over the main entrance.
The Planning Commission and Council can discuss whether the modulation, fenestration, and
multi -sided architecture are sufficient.
Tree Preservation/Landscaping
The applicant proposes to remove 11 trees around the existing home on the property. The
applicant does not propose to remove any of the trees adjacent to Elm Creek.
Just for Kix
Site Plan Review
Page 4 of 10 July 5, 2016
City Council Meeting
The tree preservation ordinance would allow 15% of the trees on the site to be removed for
"initial site development" and an additional 15% for remaining site development. There are 28
existing trees on the property, which would permit 4 trees to be removed for initial development
and 4 for other activities. This results in 24 inches of required tree replacement.
Landscaping requirements are based upon the lot perimeter, including:
1) 1 overstory tree per 50 feet of perimeter
2) 1 ornamental tree per 100 feet of perimeter
3) 1 shrub per 30 feet of perimeter
The subject site is approximately 1500 feet in perimeter, requiring 30 overstory trees, 15
ornamental trees, and 50 shrubs. The landscaping plan appears to meet the replacement and
landscaping requirement. The applicant has utilized larger plantings in order to meet the
minimum planting requirements because of limited space to accommodate the trees.
Commercial district standards require landscaping to occupy a minimum of 8% of the parking lot
and loading dock area. Staff calculates that 10.3% of the proposed parking lot area is
landscaping.
Transportation
The applicant proposes to access the site through a shared driveway with Aldi to the west, which
connects with Sioux Drive. The applicant proposes to close the existing access to Highway 55,
which is consistent with Minnesota Department of Transportation policies.
The City anticipated the subject site accessing Sioux Drive during the discussions with Aldi.
These projects, along with development west of Sioux Drive, led the City Engineer to
recommend construction of turn lanes on Sioux Drive at Westfalen Trail. The City contracted
for the project this summer with the intention that new commercial uses east and west of Sioux
Drive pay for the full cost of the project. Staff recommends that the applicant enter into an
agreement with the City related to the payment of assessments on the project.
The Fire Marshal and Fire Chief had raised concerns related to fire truck circulation on the site
because of the single access point. They recommend maintaining an emergency vehicle access
to Highway 55 in order to provide adequate circulation. Staff has had discussions with MnDOT
and it appears that they are supportive because this will help with the full access closure.
Now that the turn lanes have been constructed on Sioux Drive, the City Engineer has not raised
concerns related to the impact of the development on the transportation system.
A sidewalk crosses much of the property to the west to Sioux Drive, although does not connect
all of the way to the subject property. The applicant proposes to stub a sidewalk to the western
property line.
Off -Street Parking
The City would require a minimum of 73 parking spaces (1 per 250 gross square feet of dance
studio and retail space). The applicant proposes 73 parking stalls.
Just for Kix
Site Plan Review
Page 5 of 10 July 5, 2016
City Council Meeting
Sewer/Water
An existing City of Plymouth sewer main travels along the south and west of the property to the
Met Council lift station west of Sioux Drive. The applicant proposes to connect to this sewer
line. The City of Medina does not have a sewer line in the area which could serve the lot without
a lift pump. Staff recommends a condition that an agreement with Plymouth be in place prior to
construction.
Aldi stubbed a water main to the western lot line, which the applicant proposes to loop along
their western property line to connect to the existing water service which served the home. The
City Engineer and Fire Marshal have also provided technical comments which the applicant
should be required to address.
Loading Dock
No loading docks are proposed. The retail space is fairly small and deliveries will be made from
the parking lot during non -peak times.
Utilities/Mechanical Equipment/Trash and Recycling
Commercial districts require that utilities be located under ground and that transformers be
screened. The applicant proposes to relocate existing electrical lines underground, with a
transformer in the southwest corner of the site. The applicant has shown landscaping around the
transformer.
Commercial districts require "equipment shall be screened through the use of architectural
elements and materials which are compatible with the overall design of the building." The
applicant proposes similar rooftop screening as was utilized on the Aldi building.
Lot Combination/Plat
The applicant proposes to combine the property recently annexed from the City of Plymouth
with the main portion of the property. These parcels have been historically under common
ownership but bisected by the municipal boundary.
As noted in the table on page 2, the proposed combined lot meets the lot standards of the CH -RR
zoning district. In addition to ensuring that the proposed lot meets lot standards, the subdivision
ordinance also allows the City to require necessary dedications to support the property in
question. Infrastructure to serve the lot was discussed throughout the report in connection with
the Site Plan Review. Staff recommends that the plat also dedicate easements as recommended
by the City Engineer for utilities on the site and as recommended by MnDOT for Highway 55.
Review Criteria
Staff recommends that the Planning Commission and City Council review the requests in the
following order: 1) Lot combination/plat; 2) Hardcover Variance; 3) Site Plan Review.
Lot Combination/Plat
The subdivision ordinance establishes the following criteria when reviewing requests within the
City. Staff has provided potential findings for each of the criterion.
Just for Kix Page 6 of 10 July 5, 2016
Site Plan Review City Council Meeting
(a) That the proposed subdivision is in conflict with the general and specific plans of the city, or
that the proposed subdivision is premature, as defined in Section 820.28.
The proposed combination is not in conflict with the Comprehensive Plan and is not
premature because it does not affect the infrastructure necessary to serve the area. The
combination prevents the small eastern parcel from being smaller than lot standard
minimums and removes various shortcomings of the property.
(b) That the physical characteristics of this site, including but not limited to topography,
vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such
that the site is not suitable for the type of development or use contemplated.
The proposed combination improves the ability to develop the combined property and
does not affect the physical characteristics described above.
(c) That the site is not physically suitable for the proposed density of development or does not
meet minimum lot size standards.
The combination prevents the small eastern parcel from being smaller than lot standard
minimums.
(d) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage.
The proposed combination provides more space to provide stormwater improvements.
(e) That the design of the subdivision or the type of improvements are likely to cause serious
public health problems.
The proposed combination is not likely to cause public health problems.
(f) That the design of the subdivision or the type of improvements will conflict with public or
private streets, easements or right-of-way.
The proposed combination will not conflict with streets, easements, or right-of-way. In
fact, the combination improves the situation by providing access to the eastern property.
Variance
According to Subd. 2 of Section 825.45 of the City Code, the City is required to consider the
following criteria when reviewing a variance request:
"Subd. 2. Criteria for Granting Variances.
(a) A variance shall only be granted when it is in harmony with the general purposes and
intent of the ordinance.
(b) A variance shall only be granted when it is consistent with the comprehensive plan.
(c) A variance may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance Economic considerations
alone do not constitute a practical difficulty. In order for a practical difficult to be
established, all of the following criteria shall be met:
(1) The property owner proposes to use the property in a reasonable manner. In
determining if the property owner proposes to use the property in a reasonable
manner, the board shall consider, among other factors, whether the variance
Just for Kix
Site Plan Review
Page 7 of 10 July 5, 2016
City Council Meeting
requested is the minimum variance which would alleviate the practical difficulty
and whether the variance confers upon the applicant any special privileges that are
denied to the owners of other lands, structures, or buildings in the same district;
(2) The plight of the landowner is due to circumstances unique to the property not created
by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality."
The applicant argues that the location of a commercial property along Elm Creek and near major
intersection in the City is unique and justifies a variance. The City has approved a variance for
50% hardcover on the two commercial sites to the west, but the previous approvals do not create
precedent, as each variance is to be reviewed on its own. The proposed commercial use is
permitted in the district and even a variance to 50% is significantly below the amount of
hardcover which is permitted on other commercial property. Staff believes the development
would be similar to the development to the west, thus not altering the essential character of the
locality.
The applicant is proposing water quality improvements above and beyond minimum City
standards in order to mitigate the impact of additional stormwater. If the variance is to be
approved, staff would also suggest a condition that the applicant restores the streambank as
recommended by Elm Creek watershed as a condition of the hardcover variance. This has also
been required in previous variance requests.
Site Plan Review
The purpose of a Site Plan Review, as described in Section 825.55, is to review proposed
construction for consistency with City regulations. Obviously, in this case, the proposed
construction exceeds hardcover requirements. If the City Council does not grant approval of the
variance, the Site Plan Review cannot be approved. If the Council approves the variance, it
appears that other relevant regulations would be met. The City "may condition its approval in
any manner it deems reasonably necessary in order to promote public health, safety or welfare, to
achieve compliance with this ordinance, or to accomplish the purposes of the district in which
the property is located."
The City has a high level of discretion when reviewing requests for variances. In fact, a variance
should only be granted if the City finds that the criteria have been met. Generally, the City has a
low level of discretion when reviewing on site plan applications. If the request is consistent with
City regulations, it should be approved. In this case, the site plan does not meet hardcover
limitations without a variance. Therefore, if the variance is not granted, the Site Plan Review
should not be approved.
Planning Commission Recommendation
The Planning Commission found that the variance criteria had been met based on the findings
noted above.
The Planning Commission raised concerns about the access to the site from Sioux Drive,
especially when a train crosses. Some Commissioners raised an interest in maintaining the
existing right-in/right-out onto Highway 55. Staff noted that this did not seem consistent with
Just for Kix
Site Plan Review
Page 8 of 10 July 5, 2016
City Council Meeting
statements in the City's transportation plan related to access control. Most traffic from the
subject site and Aldi is likely to go north bound out of the entrance. As such, it would be
unaffected by a train. A southbound vehicle waiting for a train could cause a back-up in the
access drive which would need to wait for the traffic held up by a train to clear. The anticipated
volumes are such that this may cause an inconvenience, but not safety concerns. The outbound
traffic lane is wide enough that it appears right turning traffic would be able to get by a single
vehicle which is queued to turn left. However, a second vehicle would prevent this maneuver.
Ultimately, any backups would occur on the private shared drive rather than public streets.
The Planning Commission requested additional vertical and/or horizontal modulation. The
applicant has updated the plans to include the vertical modulation in the center of the north and
south building facades. The City Council can determine if this was adequate. Ultimately, the
Planning Commission unanimously recommended approval with the following conditions.
1) Site Plan Review approval is contingent upon approval of a Wetland Replacement Plan.
2) The Applicant shall construct improvements as displayed on the plans received by the
City on 5/25/2016, except as modified herein.
3) The Applicant shall enter into a development agreement in a form and of substance
acceptable to the City to ensure compliance with the conditions noted herein as well as
other relevant requirements of City ordinance and policy.
4) The Applicant shall submit a letter of credit to ensure completion of required site
improvements.
5) Site Plan Review is contingent upon approval from MnDOT of an emergency access in
order to allow adequate emergency vehicle circulation.
6) The Applicant shall complete any shore restoration recommended by the Elm Creek
Watershed to mitigate impacts of additional hardcover.
7) The Applicant shall enter into an agreement with the City related to improvements to
Sioux Drive which are necessary to support access to the property.
8) The Applicant shall obtain approval and any required agreements in order to connect to
the City of Plymouth of sewer line.
9) The Applicant shall meet the recommendations of the City Engineer, Fire Marshal, and
City Attorney.
10) The Applicant shall obtain all necessary permits and approvals, including but not limited
to Elm Creek Watershed Management Organization, the Minnesota Department of
Health, the Pollution Control Agency, the Minnesota Department of Transportation, and
other relevant agencies.
11) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the plat, site plan and other relevant documents.
Potential Actions
In its role at the Board of Adjustments and Appeals, the City Council should hold a public
hearing on the variance request. If the City Council finds that the variance criteria have been met
and otherwise concur with the Planning Commission recommendation, the following motion
would be in order:
Move to direct staff to prepare resolutions approving the plat, variance, and site plan
review requests for Just for Kix, upon the findings described in the staff report and
subject to the conditions recommended by the Planning Commission.
Just for Kix Page 9 of 10 July 5, 2016
Site Plan Review City Council Meeting
Attachments
1. Document List
2. Excerpt from Draft 6/14/2016 Planning Commission Meeting
3. Engineer Comments dated 6/23/2016
4. Fire Marshal Comments dated 6/29/2016
5. DNR Comments
6. Applicant Narrative
7. Preliminary Plat
8. Final Plat
9. Plans dated 6/29/2016
Just for Kix
Site Plan Review
Page 10 of 10 July 5, 2016
City Council Meeting
Project: LR-16-181 —Just for Kix Plat, Variance, Site Plan Review
The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only
attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall.
Documents Submitted by Applicant:
Document
Received
Date
Document
Date
# of
pages
Electronic
Paper
Copy?
Notes
Application
4/18/2016
4/18/2016
3
Fee
4/18/2016
4/11/2016
4
4 checks - $17,000
Mailing Labels
4/18/2016
4/18/2016
5
Narrative
4/18/2016
4/15/2016
2
Plan Set
4/18/2016
4/15/2016
19
16 civil pages; 3 arch
Plan Set— Updated
5/12/2016
16
Civil only updated
Plan Set— Updated
5/25/2016
11
Civil only updated
Plan Set— Updated
6/21/2016
6/16/2016
22
18 Civil, 3 elevation, 1 floor plan
Prelim Plat
4/18/2016
Final Plat
4/18/2016
Stormwater Report
4/18/2016
4/15/2016
187
Stormwater Report
5/25/2016
5/10/2016
212
Rendering
4/25/2016
1
Rendering— Updated
6/21/2016
6/18/2016
1
Fire Truck Exhibit
5/25/2016
1
Fire Truck Exhibit - Updated
6/21/2016
6/7/2016
1
Title Commitment
5/25/2016
11
Applicant Response
5/25/2016
5/24/2016
5
Applicant Response
6/29/2016
6/29/2016
2
Documents from Staff/Consultants/Agencies
Document
Document
Date
# of
pages
Electronic
Notes
Engineer Comments
4/22/2016
5
Engineer Comments
6/1/2016
3
Engineer Comments
6/23/2016
2
Legal Comments
5/5/2016
1
Building Official Comments
4/26/2016
1
Building Official Comments
6/7/2016
1
Building Official Comments
6/29/2016
1
DNR Comments
5/12/2016
3
No comments
Elm Creek Review
6/6/2016
6
Mn DOT Review
5/12/2016
2
Mn DOT Review
6/9/2016
1
Public Comments
Document Date
Electronic
Notes
Planning Commission minutes
6/14/2016
Medina Planning Commission Excerpt from DRAFT 6/14/2016 Meeting Minutes
Public Hearing — Clough Properties — 45 Highway 55 — Plat, Shoreland Overlay Hardcover
Variance - Site Plan Review
Finke presented a request from Just for Kix at the property located at 45 Highway 55 for construction
of an 18,000 square foot commercial building. He noted that the first request would combine the lot
with recently annexed land from Plymouth to make the land one developable site. He stated that a
variance is requested from 25 to 50 percent of hardcover, noting that 25 percent hardcover is the
maximum allowed within the Elm Creek Shoreland Overlay District and is similar to other adjacent
properties. He advised that a rezoning would also be required to match the other surrounding
properties, noting that access would be provided from the Aldi site. He noted that if the project
moves forward, the existing home would be demolished, noting that the site is next to Aldi and
surrounded by the Creek and railroad tracks. He referenced an access to Highway 55, which would
be closed. He stated that the use is permitted within the District and with the exception of the
variance for hardcover, all other elements of the Shoreland Overlay District would be met. He
provided information on the tree preservation and landscaping. He noted that there will be fill in the
wetland and the proper approval process and mitigation would be required. He noted that the
setbacks from the stream location would be met along with a buffer. He noted that the application
would be dependent on the variance request. He advised that similar variances have been approved
along Sioux Drive, but noted that each variance must stand on its own and the Commission should
review the request against the variance criteria. He noted that the applicant does propose stormwater
filtration above and beyond the minimum requirements in order to mitigate the additional hardcover.
He reviewed the proposed building materials and design, noting that staff is looking for direction on
whether additional modulation would be required. He stated that the applicant does propose access
from the property to the west onto Sioux Drive and to close the Highway 55 access, which will be a
positive to improving the arterial flow of Highway 55. He stated that the applicant is looking for an
emergency access onto Highway 55, noting that it does appear to be supported by MnDOT which
would greatly improve the emergency circulation. He stated that staff suggested connecting the
sidewalk to the western property line which will improve pedestrian traffic and could connect to Aldi
if the sidewalk is extended in that location. He stated that staff supports the plat in any circumstance.
He noted that the variance criteria are listed in the staff report along with support of how that criteria
is met and advised that there are small technical items that could be updated to meet the standards.
He stated that if the Commission finds that the criteria have been met, staff would recommend
approval of all three action items.
R. Reid asked if the Elm Creek Watershed has reviewed the project.
Finke confirmed that the Watershed has reviewed and approved the request, stating there were a few
technical items they wanted updated.
Andy Brandall, representing the applicant, stated that he is thankful for the cooperation of the City
throughout this process. He stated that he and the owner are in agreement with the conditions noted
in the staff report and advised that the Watershed took action and approved their portion of the
requests at their meeting the previous week.
White asked for more information on the building materials.
Brandall replied that the owner has decided to go with a predominantly precast building because of
the energy efficiency of the materials. He noted that the owner was unable to attend and therefore he
was attending in representation. He stated that the general theme (arched windows and rock) is
similar to the design of the other studios they own in attempt to mimic an old New York style studio.
R. Reid asked if the parents are dropping the children off.
1
Medina Planning Commission Excerpt from DRAFT 6/14/2016 Meeting Minutes
Brandall replied that there are a lot of younger students and noted the studio design includes a
viewing area for parents. He noted that while some parents drop off and pick up, a large amount of
parents stay to watch their child.
R. Reid asked if this amount of parking would be needed if the City did not require this level of
parking.
Brandall replied that this amount of parking is actually the bare minimum for the studio and therefore
would not want a reduction in parking.
R. Reid was not sure how the parking lot will flow, as it seems awkward. She also believed the
intersection near Aldi will be problematic as this will add additional traffic to that area.
Brandall replied that a traffic study was done with the Aldi development and noted the intended use
for this site was actually planned for higher use than this site, as this site will have off-peak use.
R. Reid stated that she likes the arched windows and the overall design and materials proposed for the
building. She stated that perhaps in other locations the City would not want to compromise to this
level, but stated that she would be fine in this instance because the site is unique and would need to be
commercial in use.
Barry asked if the access to Highway 55 would be closed.
Brandall replied that with access being granted through the other property it would have been very
difficult to negotiate with MnDOT to maintain the access to Highway 55. He explained that because
this is a destination location, the owner was not interested in keeping that access open.
Barry replied that he remembers taking his daughter to dance class at 5:30 p.m., which he would not
consider to be off-peak. He asked what would happen when classes turn over and there are parents
attempting to leave and parents attempting to come and noted that a train could come at the same time
which would really throw things off.
R. Reid stated that the use would be off-peak because the majority of traffic will come to the site
during the evenings and weekends.
Barry stated that the Highway 55 access could be used to relieve some of the congestion from the site,
but acknowledged that MnDOT may not have given that option.
White opened the public hearing at 8:11 p.m.
Jim Tiller, in representation of the Arnt property, noted that the sale of the property has closed. He
stated, in his opinion, this is a gateway property that will be seen by hundreds of vehicles going west
each day and believes that this will be an attractive high quality product. He stated that this will not
be a national chain property and will draw attention because it is unique.
White closed the public hearing at 8:13 p.m.
Barry stated that perhaps the top could include additional modulation. He acknowledged that the
parking is intended to support a future addition, but stated that the amount of parking seems excessive
for just three studios. He asked when the addition would be planned.
2
Medina Planning Commission Excerpt from DRAFT 6/14/2016 Meeting Minutes
Brandall replied that they would like to complete the addition soon, but noted that timing did not
work financially at this time to build out the entire building.
R. Reid stated that at some time she believes there will be complaints regarding traffic with the
railroad.
Barry asked if MnDOT would be negotiable to opening the Highway 55 access in the future.
Finke replied that MnDOT wants to limit the amount of access onto Highway 55 and once an access
is closed it would not be reopened.
White noted that there are turn lane improvements being done on Sioux Drive currently.
Finke noted that the majority of the traffic would be turning right to access Highway 55 and therefore
would not be impacted by trains.
Barry asked if there is a way to keep the access to Highway 55 "open" for emergency access, which
would provide opportunities for the future.
Finke did not believe there was an in between, either it would need to remain open or close. He
explained that the access is currently open for one house to access Highway 55 and approval from
MnDOT would be needed with the change in use to use that access. He stated that the review and
traffic study support that there will not be an issue with the proposed amount of traffic for this site.
Barry stated that he would be interested in seeing that traffic study.
Murrin stated that the parking lot does not appear to be setup to exit onto Highway 55 and therefore in
order to use that access point, the parking lot would need to be reconfigured. She stated that whoever
uses this site would have an issue with traffic flow. She asked if MnDOT could be asked whether the
access could remain open.
Finke stated that the applicant and City presumed closure of that access from the beginning.
Brandall replied that because there is an alternative access point from the Aldi site it would be rare
that MnDOT would allow the Highway 55 access.
Murrin asked who is paying for the turn lane improvements.
Finke replied that the business owners are paying for the cost of the project.
Murrin stated that MnDOT should be approached to determine if the access could remain open,
noting that perhaps a gravel path be used for the time being until it is known if the site will need that
additional access. She agreed that further modulation should be added to the top of the building. She
noted that perhaps the tan portion could be broken up as well. She stated that she did have concern
with filling the wetland, but noted that her concern was addressed through the staff presentation. She
stated that she would support the project with additional modulation and would also request from
MnDOT to leave the Highway 55 access open.
R. Reid stated that perhaps some landscaping could break up the tan wall.
3
Medina Planning Commission Excerpt from DRAFT 6/14/2016 Meeting Minutes
Finke stated that the angles should be considered, noting the long wall would not be perfectly in line
with Highway 55 as it pivots away. He noted that additional landscaping would be torn out when the
addition comes forward.
White stated that this project is so much nicer than she anticipated that it would be and appreciated
the design of the applicant. She did not anticipate a large traffic problem, noting that if people have a
hard time going into a business they most likely will not choose to go there. She stated that the City
and businesses have done what they can to mitigate the issue through the Sioux Drive project. She
referenced the entrance and suggested modulation above the entrance and noted that similar
modulation could occur on the north side when the addition is built. She stated that the brick accents
between the windows could be extended to the roof line to provide additional modulation.
White confirmed the consensus of the Commission that the criteria for a variance would be met
through this request.
Murrin asked and received confirmation that both parcels are in Medina, as one portion had
previously been located in Plymouth but was annexed.
R. Reid stated that she would like to see additional modulation on the north and south sides.
Barry agreed that both the Highway 55 side and parking lot sides would need modulation.
Murrin stated that the ends also need a little modulation.
R. Reid commented that the far end would not be that visible.
Barry stated that it would still make sense to remain consistent.
White confirmed that the Commission would desire additional modulation on the north, south and
west sides.
Murrin asked if the applicant should request to keep the MnDOT access open.
Finke stated that would go against multiple goals of the City and therefore should not be requested.
Motion by Murrin, seconded by Reid, to recommend approval of the Variance, Plat and Site Plan
Review, subject to the conditions noted in the staff report with an additional condition requesting
additional 3-D modulation on the south, west and north sides. Motion approved unanimously.
(Absent: Albers and V. Reid)
4
,11.RE Building a legacy — your legacy.®
atHE
June 23, 2016
Mr. Dusty Finke
Planner
City of Medina
2052 County Road 24
Medina, MN 55340-9790
Re: Just for Kix Development - Site Plan Review
City Project: LR-16-181
WSB Project No. 02712-880
Dear Dusty:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
We have reviewed the Site Plan and Plat submittal we received June 21, 2016 for the Just for Kix
Dance Studio. The plans propose to construct a 12,790 square foot facility now with provisions for a
5,250 square foot future addition. We have the following comments with regards to engineering
matters.
Sheet C2.12
1. It appears the sanitary manhole that the service from the building is proposed to be connected
into has the wrong invert information shown. It looks like the invert and drop information
shown is really for the downstream MCES MH 3A and not the City manhole. The invert
elevation of the proposed manhole connection should be field verified and detail(s) provided
on how that connection is to be made.
2. A curb stop should be added to the 1 '/z" water service to the building.
3. The note at the bottom of the sheet pertaining to the FES at the end of P-4 incorrectly shows
the invert at 968.50 and should be changed to 969.00.
4. Provide drainage and utility easements over the watermain including the hydrant locations.
Sheet C3.11
1. Provide quantities (CY) for all rip rap installations.
Sheet C3.12
1. An engineered design needs to be submitted for the retaining wall.
General
1. The applicant should provide an engineer's estimate for the site improvements including
landscaping and irrigation system (if applicable) in Excel format.
2. The applicant should provide a construction schedule for the site improvements.
Equal Opportunity Employer
wsbeng.com
Just for Kix Site Plan
June 23, 2016
Page 2
Please contact me at 763-287-8532 if you have any questions.
Sincerely,
WSB & Associates, Inc.
Jim Stremel, P.E.
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Dusty Finke
From: Spiegel, Jason (DNR) <Jason.Spiegel@state.mn.us>
Sent: Tuesday, May 17, 2016 11:20 AM
To: Dusty Finke
Cc: Drewry, Kate (DNR)
Subject: RE: Hardcover variance request - Elm Creek Shoreland Overlay
Attachments: shoreland_variance_guidance isc rev 10 10 12.pdf
Hi Dusty,
We gave this a quick review and will not be offering any specific comments. However, we would like to request that the
attached DNR general guidance document be distributed to the City Council/Planning commission for their
consideration when they review this and any other shoreland variance applications.
Sincerely,
Jason Spiegel
Minnesota Department of Natural Resources
Ecological and Water Resources — Hydrologist
1200 Warner Road St. Paul, MN 55106
651-259-5822
From: Dusty Finke [mailto:Dusty.Finke@ci.medina.mn.us]
Sent: Tuesday, May 17, 2016 10:14 AM
To: Drewry, Kate (DNR)
Cc: Spiegel, Jason (DNR)
Subject: RE: Hardcover variance request - Elm Creek Shoreland Overlay
Hi Kate,
They updated plans (link in the attached email), which is probably why the old link was down.
Thanks,
Dusty
From: Drewry, Kate (DNR)[mailto:kate.drewry@state.mn.us]
Sent: Tuesday, May 17, 2016 10:10 AM
To: Dusty Finke
Cc: Spiegel, Jason (DNR)
Subject: RE: Hardcover variance request - Elm Creek Shoreland Overlay
Hello Dusty:
Just getting to this and find that the link to the electronic plans is no longer working. Can you send the materials by pdf?
Best Regards,
Kate Drewry
Metro Area Hydrologist
DNR Division of Ecological and Water Resources
1
DEPARTMENT OF
NATURAL RESOURCES
Shoreland & Floodplain
Variance Guidance Series
Impervious Surfaces
This is one of a series of examples developed as guidance for considering variance requests along
lakes and rivers. Consult your local shoreland and floodplain ordinances.
Why are impervious surface coverage limits important?
In the protection of water quality, the management of rainwater on individual lots is one of our most
important tasks. Rainwater that does not infiltrate into the ground or evaporate runs downhill to lakes,
wetlands, or rivers. As impervious surface coverage increases, the
rate and amount of runoff and pollutants entering public waters +
increases. When runoff from impervious surface coverage is not
addressed, pollution increases and the diversity of aquatic life is
reduced. Local governments have limited discretion to deviate
from - or grant a variance to - impervious surface limits. They may
do so only if all of the variance criteria established in state statutes
and their local ordinances are met. In evaluating such requests,
local governments must examine the facts, determine whether all
statutory and local criteria are satisfied, and develop findings to
support the decision. If granted, local governments may impose
conditions to protect resources. An example impervious surface kinkan
Orubso
variance request, with considerations, is provided below. Sotba:A
.y
Example Impervious Surface Variance Request
A property owner wishes to build a large lakehome on a conforming lot.
The lake lot includes a private driveway with a spur to the neighbor's lot,
which was placed to avoid an adjacent wetland. The building plans for
the new construction plus the existing private road spur to the
neighbor's property would exceed the impervious surface limit provision
in the local ordinance.
Considerations for Findings 11:7
A good record and findings help keep communities out of lawsuits and help them prevail if they find
themselves in one. In evaluating the facts and developing findings for this variance request, all of the
following statutory criteria must be satisfied, in addition to any local criteria:
• Is the variance in harmony with the purposes and intent of the ordinance?
Considering a variance request is a balancing test that requires weighing the need of an individual
property owner against the purposes of the shoreland regulations for protecting the public interest.
These purposes are derived from Minnesota Shoreland Rules, which established impervious surface
caps to prevent excessive runoff from constructed surfaces. Such excessive runoff causes erosion,
transport of pollutants to public waters thereby degrading water quality. Considerations: Will
deviating from the required limit on this property undermine the purposes and intent of the
ordinance? Why or why not? Is it possible to mitigate the consequences of additional impervious
surface on -site such that additional runoff will not be produced? Would this mitigation be in harmony
with the purposes and intent of the ordinance? Why or why not?
• Is the variance consistent with the comprehensive plan?
The local comprehensive plan establishes a framework for achieving a community's vision for the
future. Most plans contain goals and policies for protecting natural resources and shorelands, as well
as maps that identify areas of high risk or with high ecological value where development should be
avoided. The variance request must be considered with these goals and policies in mind. Maps should
be consulted to determine if the property is within any areas identified for protection. Considerations:
Which goals and policies apply? Is allowing additional impervious surface and runoff consistent with
these goals and policies? Why or why not?
Page 1 of 2 Variance Guidance Series— ISC, Updated 10/10/2012
" A r e t h e r e u n i q u e c i r c u m s t a n c e s t o t h e p r o p e r t y n o t c r e a t e d b y t h e l a n d o w n e r ?
U n i q u e c i r c u m s t a n c e s r e l a t e t o p h y s i c a l c h a r a c t e r i s t i c s o f t h e l a n d - s u c h a s l o t d i m e n s i o n s , s t e e p
s l o p e s , p o o r s o i l s , w e t l a n d s , a n d t r e e s . T h e s e d o n o t i n c l u d e p h y s i c a l l i m i t a t i o n s o r p e r s o n a l
c i r c u m s t a n c e s c r e a t e d b y t h e p r o p e r t y o w n e r t h a t p r e v e n t c o m p l i a n c e w i t h t h e i m p e r v i o u s s u r f a c e
p r o v i s i o n , s u c h a s s i z e o f h o m e o r d e s i g n p r e f e r e n c e s . C o n s i d e r w h a t d i s t i n g u i s h e s t h i s p r o p e r t y f r o m
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d r i v e w a y l e n g t h o r r e d u c i n g t h e l a k e h o m e '