HomeMy Public PortalAbout08/08/07 CCM287
MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 8, 2007
The City Council of Medina, Minnesota met in regular session on August 8, 2007 at 7:02
p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Cavanaugh, Smith, and Weir.
Members absent: Johnson.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, City Planning
Consultant Andrew Gitzlaff, City Administrator Chad Adams and Recording Secretary
Kimberly Stoll.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
It was requested to add a discussion item about the illegal berm on a Parkview property
to the end of the agenda.
Moved by Weir, seconded by Cavanaugh, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the July 17, 2007 Special City Council Meeting Minutes
It was noted on page 1, the fourth paragraph, it should state: "There is ...because it is a
tom lose it or use it..."
Moved by Weir, seconded by Cavanaugh, to approve the July 17, 2007 special City
Council meeting minutes as amended.
Crosby stated that the language about the flexible spending plan was confusing.
The Council request Staff to look in to the language and the specifics of the flexible
spending plan.
Motion withdrawn.
B. Approval of the July 17, 2007 Regular City Council Meeting Minutes
It was noted on page 2, the third paragraph, it should state: "Crosby noted that there is
an existing easement on to the Sipe property."
It was noted on page 3, the sixth paragraph, it should state: "Olson explained that the
Met Council powers have been expanded to set policy and thoy arc carrying out tho
seiviee.
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It was noted on page 4, the eighth paragraph, it should state: "Smith stated that a
Gramercy resident..."
It was noted on page 5, the twelfth paragraph, it should state: "Amy Alworth...consider
land uses of properties abiding abutting..."
It was noted on page 6, the third paragraph, it should state: "Crosby stated...two
Planning Directoro Staff members..."
It was noted on page 6, the fifth paragraph, it should state: "Chris Sagsveen... He
stated they have developed three options for the trail .
Option one would be an eight -foot wide paved trail from the internal trail system of Baker
Park Reserve to the south edge of Ardmore Avenue. Option two would allow for an
eight -foot wide paved trail only in Baker Park Reserve up to the north property line of
Baker Park. Option three would incorporate an eight -foot wide paved trail in Baker Park
Reserve with a six-foot wide sidewalk paid for by the City from the north property line of
Baker Park to the south edge of Ardmore Avenue.
It was noted on page 7, the twelfth paragraph, it should state: "Weir...northern border
n
It was noted on page 7, the thirteenth paragraph, it should state: "Smith stated that it
isn't a high priority trail in the current trail plan."
It was noted on page 9, the eleventh paragraph, it should state: "Adams stated the
Council previously discussed inflatienafy funds with the TIF district based on inflationary
funds for Phase 1 and 2..."
It was noted on page 10, the second paragraph, it should state:
"Callister...improvements to occur be commenced..."
It was noted on page 10, the ninth paragraph, it should state: "Weir stated that some
residents would -be -have been assessed from for the storm water."
It was noted on page 11, the thirteenth paragraph, it should state: "Weir stated that
there is will be..."
It was noted on page 12, the tenth paragraph, it should state: "Smith...release from
NPCA MPCA to be placed..."
It was noted on page 14, the fourteenth paragraph, it should state: "Cavanaugh
inquired about the reason the why..."
It was noted on page 16, the fourth paragraph, it should state: "Crosby stated...when
they advertise the availability of the community center."
Moved by Weir, seconded by Cavanaugh, to approve the July 17, 2007 regular City
Council meeting minutes as amended. Motion passed unanimously.
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V. CONSENT AGENDA
A. Accept Donation of $12,500 from Hamel Lions for Playground Equipment
B. Resolution of Approval for Hamel Lions to Conduct Off -Site Gambling
(Bingo) at the Medina Celebration Day on September 22, 2007 at 3200 Mill
Drive
C. Approve Gambling Permit for Holy Name of Jesus Fall Festival on
September 15 and 16, 2007
D. Approve Temporary On -Sale Liquor License for Holy Name of Jesus Fall
Festival on September 15 and 16, 2007
E. Accept Donations of Cameras from Target to Medina Police Department
with -Bergman Co., lno.
G. Approve Independent Contractor's Agreement for Seal Coating Services
with Pearson Bros., Inc.
Crosby asked to remove item F from the consent agenda.
Moved by Smith, seconded by Weir, to approve the consent agenda as amended.
Motion passed unanimously.
F. Approve Independent Contractor's Agreement for Crack Sealing Services
with Bergman Co., Inc.
Crosby stated that it appears that the contract is inconsistent with the exhibit because
there are three projects in the exhibit and the City will only be doing one.
Adams stated that the exhibit shows three different items and the City will only be doing
the crack sealing. He stated the City will cross off the portions of the contract in
reference to the other two projects.
Moved by Weir, seconded by Smith, to approve the crack sealing services with
Bergman Co., Inc. Motion passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
Richard Haberman stated he was in attendance at the previous Council meeting and will
continue attending the Council meetings until there is a resolution for the truck traffic on
Parkview Drive, Hamel Road, and Homestead Trail. He stated he has emailed the
Council members regarding the truck traffic and would like specific information about the
actions occurring and who is working on the issue.
Weir stated they asked Staff to begin inquiring about what is necessary to have those
roads reclassified to become City roads.
Smith stated she thinks it would be beneficial for the residents to have a timetable to
gain an understanding of the progress.
Adams stated that Staff was requested to evaluate the roads as part of the pavement
management program to determine the conditions of the roads if they were turned over
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to the City. He stated they are working with Bob Byers of Hennepin County to receive
feedback and with Bonestroo to identify the process for turning the roads over to the
City.
Kellogg stated that if the City is interested in taking the roads over, it would result in an
agreement with Hennepin County that would need to be negotiated. He stated he was
unaware of a fixed policy for the process.
Haberman inquired if the County roads were maintained more frequently than the City
roads. He stated he would guess that the County roads are built to handle a greater
volume and weight than the City roads.
Kellogg stated that it depends on the community. He stated that Medina has been in the
process of paving all of the roads and is beginning a paving management program.
Haberman stated that the portion of Parkview near the golf course is well maintained.
Crosby stated that it is not only a question if the road is in the condition the City would
want it to be in prior to taking it over, but also if it is financially responsible for the City to
take it over and how it relates to the State Aid. He stated that when the City reaches a
population of 5,000 the City is entitled to State Aid to roads. He stated he would also
like to have an understanding with Hennepin County truck traffic control. He stated that
he thinks the issue needs further analysis.
Haberman inquired about the timeframe.
Smith stated that the Council needs to calculate the estimated timeframe for making a
decision. She stated they need to understand what it means to have State Aid funding.
She stated that she would like the information gathered by Staff to the Council by a set
date.
Crosby stated that two meetings from now he would like to see a well -considered outline
of the issues that are relevant to the decision. He stated there should also be
information about the meaning of State Aid to highways and if the work already done to
City roads adversely impacts it.
Smith stated that it should include a maintenance schedule.
Haberman asked about clarification on how the cost of the maintenance is split.
Smith stated that there is general maintenance, overlay, and reconstruction.
Cavanaugh stated that the residents would eventually pay for the road if the City took it
back.
Adams stated there isn't a formal policy to address maintenance of roads and
assessments have not been used for maintenance. He explained in order to have an
assessment, a benefit must be shown to the properties. He stated they have had
discussions at the work session, but there is no formal practice or policy to use
assessments for maintenance.
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Cavanaugh inquired about assessments to the residents for road upgrades. Adams
stated that they have had assessments for upgrading a gravel road to a paved road, but
not for overlay for maintenance. Adams stated the City has not had many overlay
projects yet because the roads are so young.
Crosby stated they will have a discussion on September 4, 2007 about the truck traffic.
B. Park Commission
Brian Kingsley, Park Commissioner, stated they have had Sarah Wyatt from Three
Rivers Park District speak to them about Baker Park Reserve. He stated they have
decided on the Tuckborough Ridge Trail easement and reviewed the 2008 proposed
CIP. He stated they were asked by the Hamel Athletic Association to have a liaison
attend some of their board meetings. He stated the Medina Rotary Club is also looking
to form a partnership with them. He stated the next meeting is August 15, 2007.
Crosby recognized Jerry Dykhoff who was recently featured in the Star Tribune.
C. Planning Commission
Gitzlaff stated the agenda for the upcoming meeting includes the MnLINC CUP
application for animal -assisted therapy and the tree preservation ordinance.
VII. OLD BUSINESS
A. County Road 101 Access to Ace Properties
Kellogg stated the developer previously expressed concern about access to CR 101
from his site. He stated there was discussion about access for a right -in, a right -out,
and a left -out. He stated the applicant's concern was the ability to lease the building on
his site which required him to disclose the access routes. He stated Staff met and
discussed the options, the applicant's primary concerns, and safety concerns. He
stated Staff met with Hennepin County and the County was okay with interim access for
a maximum of three years. He stated there was a design developed to accommodate
the applicant's concerns. He stated the contract with Ryan Companies had a
completion date for August 2006 and they are about one year beyond the completion
date. Kellogg stated the County has mailed a letter agreeing to the conditions and
terms. He demonstrated•the location of the medians on CR 101, Clydesdale Trail, and
the access to the buildings. He demonstrated the expected access routes after the
work is completed. He demonstrated an alternative design allowing a right turn on to
CR 101. He stated there needs to be two lanes developed to allow for right turning
movements. He stated the three considerations for the design are safety; meeting the
applicant's intent; and the future expense to the applicant and the risk to the City for
interim access. He stated the applicant will be required to put up a financial guarantee
for the cost of improvements including inflation.
Smith stated that she is concerned about allowing the traffic to turn left and inquired if
they should be routed to Clydesdale without the left turn option in the interim.
Kellogg stated that he thinks the applicant has the assumption that people will become
used to the intersection.
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Smith inquired when the island would be put in. Kellogg stated that it should have been
built last year. He demonstrated the portion that would be built now and the portion that
would be built in three years under the conditions of the County agreement.
Crosby inquired about the safety of the left tum in. Kellogg stated that there are safety
concems, but the thought is that it is safer than the three year design.
Crosby stated there are three issues including a left -in turn; financial security for the City
for the project; and the right -out turn. He stated he isn't concerned about the financial
risk to the City. He stated he was in support of the left -in and opposed to the right -out.
Weir and Smith concurred.
Kellogg stated that the applicant is very concerned about maintaining the business.
Steve Oliver, Mohagan Architectural Group, stated the issues have been addressed. He
stated the Phase 1 development included the assumption that there would be
development of a road on the west side of the property that became impossible when
Target was built.
Kellogg demonstrated the location of the easement that was taken by the City. He
stated the expectation was that when the two properties were developed the City would
have taken right-of-ways to allow access to the back of the buildings.
Crosby stated that access would have still been routed to Clydesdale.
Smith stated that the City made many concessions for the southern parcel during Phase
2.
Oliver stated the developer also made concessions in terms of 30% of the property
being turned over to the City for the realignment of Clydesdale. He stated the city street
access to the west side of Phase 1 has been lost. He stated the convenience of
developing a customer base and a tenant base is critical. He stated that Phase 2 is
80% committed. He stated the remaining 25 square feet has an agreement pending.
He stated that prospective tenants have walked away from Phase 1 because of the
access issues. He stated he is unclear if the southbound right lane demonstrated by
Kellogg would be a right turning lane only or two thru lanes. He stated he thinks it
needs to be considered as two thru lanes until it passes Clydesdale.
Kellogg demonstrated the location of the turn lanes.
Crosby clarified that it is a designated turn lane.
Oliver stated the left tum in would be a benefit to draw in the northbound traffic. He
stated that until there is a traffic light at Clydesdale it would prevent traffic from stacking.
Cavanaugh inquired if Ace Properties is willing to take the financial risk to meet the
City's standards. Oliver stated that Ace Properties would be in agreement to be
financially responsible for the fix of the agreed upon intermediate solution.
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Cavanaugh clarified that Ace would be okay with the left -in and right -in without the right -
out. OI\liver stated they would really like the right -out.
Crosby stated that the applicant is working with Ryan Companies.
Kellogg stated that the agreement would be with Ace Properties and the City. He stated
that Ryan Companies wants to do multiple improvements at once and needs to
understand what they need to do for this improvement.
Smith stated that there appears to be a consensus to allow the left -in. She stated that
she thinks the traffic should be trained to use Clydesdale. She stated she doesn't
believe there are plans for a stoplight on Clydesdale.
Kellogg stated that there has been discussion about the placement of a stoplight on
Clydesdale.
Oliver stated that having a left -in would alleviate the pressure at Clydesdale if there
wasn't a stoplight.
Crosby stated that even if discussions were to start now for a stoplight, it probably would
take 3 years and the time period would run out.
Smith stated she didn't know who would pay for the stoplight.
Oliver stated that if there would not be a right -out, the developer would like to have a
longer period of time, such as three to five years.
Crosby stated that the request is noted.
Cavanaugh stated that he doesn't have a preference for the three or five years.
Kellogg stated there is an agreement from the County sent to the City stating the term is
three years. He stated that if they go back to the County to renegotiate, they may not
have enough time.
Cavanaugh stated that they should move forward with the plan.
Kellogg stated that the City needs to hold a permit from Hennepin County prior to the
work beginning.
Moved by Cavanaugh, seconded by Weir, to approve the design for the right -in, left -in,
no right -out as proposed by Staff under the terms and conditions set by Hennepin
County, as requested, and to direct staff to prepare the agreement for Council approval.
Kellogg stated that he thinks it is important to note the type of guarantee that will be
required by the applicant.
Crosby stated that a letter of credit or equivalent would be appropriate.
Kellogg stated that it could be a letter of credit or cash.
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Batty stated it would be very good.
Adams stated that the percentage for inflation would be included in the agreement.
3 ayes (Cavanaugh, Weir, Crosby) -1 nay Motion passed.
B. An Ordinance Related to Animal -Assisted Therapy as a Conditional Use in
the Rural Residential zoning district; Amending Section 826.21; adding
Section 825.07, Subdivision 106.1; adding Section 826.98, Subdivision 2 (o)
Gitzlaff stated the ordinance was previously discussed at a Council meeting and the
recommendation from the Planning Commission was brought to the Council. He stated
that this ordinance would allow Animal -Assisted Therapy under a CUP. He explained
the changes to the ordinance since it was previously presented.
Crosby stated that the licensure and certification comment was a comment made by
Smith and Weir and the comment about overnight stays was a comment made by the
Planning Commission.
Gitzlaff stated he did not know if MnLINC had been able to read the ordinance. He
stated that their application is scheduled for review at the Planning Commission
meeting. He stated that Staff has recommended some site improvements.
Jim Lane, representative for MnLINC, stated that the prospective applicant had no
comment to the ordinance language.
Cavanaugh stated that the ordinance was crafted for one specific usage. He stated that
if the site they intend to use doesn't work for the applicant, there could be the potential
of something similar opening on another site that wasn't originally intended. He stated
he was more comfortable with ordinance requiring an 80 acre lot size.
Smith stated that she is comfortable with 15 acres and the City needs to do more to
encourage home based businesses. She stated that she doesn't see this usage being a
popular usage.
Cavanaugh stated that 15 acres would be the minimum and the business could be
placed on 80 acres.
Batty stated that at a recent Staff meeting he understood that the Turnquist's own
slightly less than 80 acres between the two parcels.
Crosby stated that with all due respect it is an irrelevant comment.
Weir stated that she is comfortable with the ordinance stating 15 acres. She stated that
if anything larger came in and was non-profit, the City would lose a large amount of
funding due to it's being non-taxable.
Cavanaugh stated that for it to be non-taxable, the non-profit would need to buy the
acreage.
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Crosby stated he is comfortable with the 15 acres and there are conditions that the
Council will determine for applicants applying under this ordinance.
Moved by Smith, seconded by Weir, to approve the Animal Assisted Therapy as a
conditional use in a rural residential zoning district as drafted, as requested. 3 ayes
(Smith, Weir, Crosby) -1 nay Motion passed.
C. Resolution Authorizing Publication of Animal -Assisted Therapy Ordinance
by Title and Summary
Moved by Smith, seconded by Weir, to approve the resolution authorizing publication of
Animal -Assisted Therapy ordinance by title and summary, as requested.
Adams clarified that this resolution requires four votes.
Motion passed unanimously.
VIII. NEW BUSINESS
A. Contract for Assessing Services- Rolf Erickson, Southwest Assessing
Crosby stated that he has read the proposal and there is a double adjustment, one for
additional properties in the City and the other for a two percent increase.
Moved by Smith, seconded by Weir, to approve the 2008 Assessment Proposal, as
requested. Motion passed unanimously.
B. Final Plat to Wetterstrom Addition
Gitzlaff stated the plat was approved on January 2, 2001 and the applicant never filed
the plat. He stated the plat became null and void after 60 days and the applicant is
seeking re -approval to allow the plat to be filed. He stated the proposed plat combines
three lots into one lot, approximately 25 acres. He stated there was a home built on the
property in 2001 under the assumption that the plat was correctly filed. He stated the
City's wetland engineer reviewed the plat and recommended additional easements be
applied over the wetland areas and the applicant has made the suggested changes. He
stated that Staff recommends the Council authorize preparation of a resolution
approving the final plat with the following conditions: the parties recognize that the
property includes area within Zone A of the FEMA Flood Insurance Map; the applicant
must submit a revised final plat for City review and approval prior to release of the final
plat for filing; applicant shall comply with the requirements of the City Engineer; the
applicant shall comply with the requirements regarding title to the Subject Property as
stated in the City Attomey's plat opinion; approval is subject to the review of the
Minnehaha Creek Watershed District; the applicant must pay the City an administrative
fee for the cost of reviewing the application; and the applicant must file the plat with
Hennepin County within 60 days of the date of the resolution.
Crosby inquired if this was considered by the Planning Commission. Gitzlaff stated that
it was taken to the Planning Commission in 2001 and this plat was taken directly to the
Council.
Weir inquired about the reason that there wasn't a variance since the soils weren't
adequate. Gitzlaff stated the site was considered an existing lot.
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Smith inquired how they could ensure that the conditions are met and the final plat is
submitted. She inquired about implementing a process.
Crosby stated that the Mayor wouldn't sign it until he/she was told that everything was
complete. He stated that the recording of the plat is the only piece that isn't done prior
to the signature.
Adams stated that the City requests the residents to submit a receipt verifying that the
plat has been recorded. He stated this process can be re-evaluated with the new
Planning Director about creating a formal structure for this issue.
Smith stated the residents shouldn't be in the house.
Weir stated that there was a re -sale situation as well.
Cavanaugh stated that the residents would have been able to move in anyway.
Smith stated that there is a final permit that is signed off on for occupancy.
Crosby stated that he thinks this situation is an understandable mistake and the risk that
residents incur when they don't file within 60 days is additional expenses for filing.
Cavanaugh inquired about who has been paying the property taxes on all three of the
properties. Crosby stated that the ownership has been the same and they have been
paying the taxes.
Moved by Weir, seconded by Smith, to direct Staff to prepare a resolution for final plat
on the Wetterstrom Addition with the recommended conditions, as requested. Motion
passed unanimously.
Crosby stated that the other penalty is the requirement to pay all of the taxes in advance
when the plat is filed.
C. Darrel A. Farr Development. Inc./Bryant Lot Line Re -arrangement- 155 &165
Hamel Road
Gitzlaff stated Darrel Farr Development and Mark Bryant have applied for a lot line
rearrangement for the properties located at 155 and 165 Hamel Road. He
demonstrated the location of the current and proposed lot lines.
Smith stated the lot amount would change. Gitzlaff stated that the total lot area would
not change.
Gitzlaff stated that City code requires an applicant to follow platting procedure, unless
an applicant is granted an exemption. He stated the applicant is seeking an exemption
for the lot line rearrangement. He explained the lot standards for Uptown Hamel. He
stated that Staff believes the standards were created so that existing small lots were not
all made non -conforming and the ordinance wasn't crafted to create additional smaller
Tots. He stated that Staff is concerned about that a 27 foot wide lot would be created
after the City take a 5 foot easement on each side and it would hamper the future
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development for 165 Hamel Road. He stated the City typically requires standard
perimeter drainage and utility easements. He stated Staff recommends to authorize
preparation of a resolution approving the lot line rearrangement by survey with the
following conditions: parties understand that the lot size and shape of the lots as
rearranged are at the request of the applicant and with their direct control; applicants
shall execute a declaration of easement to convey drainage and utility easement to the
City; no construction is applied for or approved at this time; applicants shall abide by all
requirements of the City Engineer; and applicants must pay the City an administrative
fee in an amount necessary to reimburse the City for the cost of reviewing this
application and executing necessary agreements.
Crosby inquired about the discretion the City has in doing the review. Gitzlaff stated that
if the lot was deemed buildable and meets the requirements, the City would be required
to approve it.
Crosby posed the scenario of liking the larger area on the frontage of Hamel Road. He
inquired if they have the discretion for it to be platted.
Batty stated that Staff has determined that they qualify for the lot line realignment. He
stated that Staff has been concerned about the westerly lot. He stated the applicant is
not proposing development at this time. He stated that there aren't any ordinance
requirements in Uptown Hamel that this lot fails to meet. However, he stated that Staff
thinks it is inconsistent with the general intent of the ordinance. He stated Staffs
concern is that there will be an attempt to use it as an accessory use without a principal
use or an attempt to put a building on it that will require variances. He stated that it is
possible to build on a 37 foot lot. He stated Staff is concerned that there will be a
proposal for a use that can't be done without variances and then urge the City to grant
the variances.
Smith stated that she doesn't think it is a good idea to make a lot 37 feet. She stated
that accepting the lot line rearrangement would be saying it is a buildable lot and force
the Council to grant variances.
Batty stated that it will be a buildable lot.
Smith stated that with the setbacks a building would be 27 feet wide. She stated that
she would like the applicant to have the lot divided differently.
Mark Bryant, 155 Hamel Road and 3700 Chippewa Road, stated that Argent Parc is
near the new lot and the patios face the new lot. He stated that there would be an
uproar from the residents if something was placed on the new lot.
Crosby inquired who would own the westerly property. Bryant stated that it would be
owned by Farr and they have discussed building a small boutique or leaving it alone.
Weir inquired about the reason that Farr would leave the lot as it is and not join it to 185
Hamel Road. Bryant stated that he couldn't speak to that issue.
Bryant stated that his present building doesn't take up the entire lot and there is room
for an addition. He stated that he only needs a little bit of land to double the size of the
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current building and Farr bought the lot to tear down the building prior to marketing the
condominiums on 185 Hamel Road. He stated that if he were to build to the west, he
would be within the 10 foot setback of Hamel Road. He stated he could purchase a
smaller amount if the Council wanted 165 Hamel to be larger. He stated that the
discussion about parking arose when he intended to purchase the entire lot. He stated
that there is an easement on 165 Hamel allowing parking on 155 Hamel.
Crosby inquired if the easement would be extinguished with this agreement. Bryant
stated that it wouldn't be extinguished, but is present to allow for parking and traffic. He
stated that the easement only affects the parking lot. He estimated the parking would
be 18 parking spots.
Cavanaugh inquired if the parking spots could be changed from in back of the building
to the front of the building. Bryant stated that all parking is in back and that any
potential addition would be to the west and it would be limited to still meet the parking
code. He stated the lot line is moveable by 8 to 10 feet. Bryant stated that having extra
room on the west side of his land would allow for a garden or patio area.
Weir stated that would be compatible for the condominiums next to it, but she was
uncomfortable making a decision without Farr being present to discuss their intent with
165 Hamel.
Bryant stated that Farr has told them they have no plans for the property at this time.
Weir inquired about the reason Farr wouldn't adjoin it to 185 Hamel. Adams stated that
it may leave Farr's options open.
Bryant stated that a small boutique or ice cream shop would look nice and be
compatible with the area. He stated that it would be congruent with the neighbors on
both sides.
Weir inquired if a decorative plaza could be considered a primary use and parking an
accessory to that. Batty stated that he was uncertain.
Weir stated that it is almost an unbuildable lot as it is proposed and if the City wanted
streetscape it would be very complementary to the condominiums.
Batty clarified that Weir was referring to it being a privately owned plaza.
Cavanaugh stated that he would speculate that Farr intends to hold on to the lot on 165
Hamel until the condominiums at 185 Hamel are sold and then sell 165 Hamel.
Weir stated that the buyer of 165 Hamel would then request variances from the City and
she doesn't want to be in that situation.
Crosby stated he would grant the lot line rearrangement with additional language to
include that the applicants and owners should not assume that variances will be granted
for the use and improvement by reason of the lot creation. He stated he thinks they
need to be very specific that there is no assumption that anything will happen going
forward. He stated that he is not uncomfortable with a 37 foot lot.
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Smith stated that to be marketable a building may have to be two or three stories.
Crosby stated that it would also improve 155 Hamel.
Weir inquired about the additional language suggested by Crosby and the protection
from variance requests in the future.
Batty stated that they agreed on Staff level to use language as firmly as possible to not
grant variances of the properties. He stated this Council can not bind a future Council,
but this resolution would foreworn the owners that variances may not be granted. He
stated that they do allow zero lot setbacks, but they are going to take 5 feet for drainage
and utility easements. He stated that one of Staffs concerns is that this will create a lot
that is useless and the property would be abandoned.
Smith stated that this may result in them not needing to pay taxes. Batty stated that he
isn't sure that it is a legal problem for the City.
Smith inquired if there is the possibility to have the lot line moved to make 165 Hamel
larger. Bryant stated that he would lose the ability to build an outdoor patio or garden.
He stated that if a retail expansion were to occur he would build right to the lot line; if he
were to do a restaurant he wouldn't build right to the lot line and would leave an area for
outdoor seating; and if he were to do a pilates studio he would leave an area for outdoor
exercise.
Weir stated that she doesn't think that it is worth compromising Bryant to give a few
extra feet to 165 Hamel. She stated that the Council isn't sure what Bryant's plan is, but
it is potentially what they have been looking and waiting for.
Crosby stated that it is too bad that 165 Hamel couldn't be made an out lot.
Cavanaugh stated that it probably wouldn't work for Bryant because Farr is probably
holding on to the small parcel until the condominiums are sold.
Smith stated that it could be a buildable lot and the language suggested by Crosby
offers protection for the City.
Moved by Smith, seconded by Weir, to accept the Staff recommendation to authorize
preparation of a resolution to the lot line re -arrangement with additional language to
include "the applicants and owners should not assume that variances will be granted for
the use and improvement of 165 Hamel Road by reason of the creation of the lot", as
requested.
Cavanaugh inquired if the City could take a 10 foot easement for 165 Hamel on the west
side of the property near the condos instead of a 5 foot easement on both sides. Bryant
stated that the size of the building would be limited because of parking.
Smith stated that the motion doesn't include the change in an easement.
Crosby stated that he thinks it is a bad precedent to start.
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Cavanaugh stated that they could be running into problems when 165 Hamel is sold.
Batty stated that this is a zero lot line district and they could build on the lot line.
Weir stated that they don't have to give an easement. She stated that a larger
easement could protect the condominium owners and greenery could be planted in that
space.
Adams inquired if the City could justify a 10 foot easement.
Cavanaugh stated he thinks that it would be reasonable to have a 10 foot easement on
one side and no easement on the other side. He inquired if it would affect Bryant if
there wasn't a 5 foot easement on that side. Bryant stated that it would not affect him.
Kellogg stated that 5 foot interior perimeter easements provide the ability to place
necessary pipes in the ground. He explained that two lots side by side provide a total of
10 feet for the placement of pipes. He stated that having 5 feet between properties is
tight.
Cavanaugh stated that if they lose the ability to place the pipes on 165 Hamel it would
be possible to run the pipes on 185 Hamel.
Kellogg stated that the City requires the property owners to convey storm water from
their property to the pond or to the rainwater park. He stated that drainage is difficult
without any easement.
Smith inquired about the need to have a 10 foot easement on the west side of 155
Hamel. Kellogg stated that if the 5 foot easement on 165 Hamel was given up, he would
recommend the 10 foot easement on 155 Hamel.
Crosby stated his concerns are about the necessity of having 10 feet, the departure
from policy for perimeter easements, and the use of City easements as a type of land
planning vehicle.
Batty stated that they are using easements for setback purposes. He stated that the
Council has decided that this is a district that can have a zero lot line.
Motion passed unanimously.
D. Hamel Water Treatment Plant Change Order No. 3
Crosby noted there was a typo on the contract that states it is for Maple Plain.
Adams stated that it was clarified after the packet was sent out. He stated that Metro
West didn't conduct an inspection for footings, but the Bonestroo structural engineer did
sign off on the inspection. He stated that Metro West was uncomfortable issuing a
certificate of occupancy until there was language or a guarantee for the City to protect
them if anything were to happen to the building as a result of a faulty footing.
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Moved by Weir, seconded by Smith, to approve the Hamel Water Treatment Plant
Change Order No. 3, as requested. Motion passed unanimously.
E. Hamel Legion Park Improvements
1. Independent Contractors Agreement with Designing Nature for
Plazas and Fire Pit at Hamel Legion Park
Adams stated there are three plaza areas: an entrance plaza, memorial plaza, and a fire
pit. He stated that they have received two quotes and solicited RFPs. He stated that
Staff is recommending the design from Designing Nature.
Smith inquired about the reason for only receiving two quotes. Adams stated that they
advertised to more than two businesses, but only received quotes from two.
Moved by Smith, seconded by Weir, to accept moving forward with Designing Nature
with an understanding that the quote includes a fountain and a donation from the
Kenneth Fortin family.
Crosby inquired about the difference between the cobblestone circle pavers and the
borgert uni-eco stone permeable pavers. Ben Benson, Park Commissioner, stated the
stone is permeable and allows for drainage.
Weir stated that there was some concern about the plaza being placed over utilities.
Benson stated that it will be going over some utilities, but if there were issues the pavers
could be lifted up. Benson stated that Jerry Dykhoff has also received other donations.
Jerry Dykhoff stated that the Park Commission has had discussions about receiving
further commitments for donations for the fountain, benches, and picnic table. He
stated that the picnic table wasn't included on the bids and it would be necessary on the
entrance plaza.
Adams inquired if there would be a reason the donated benches and picnic table would
affect the design. Dykhoff stated that it wouldn't.
Smith stated that the benches are included in the bid. Crosby stated that the City would
pay less for the work since the benches were included.
Dykhoff stated the donations would have plaques.
Adams stated that the donations would need to be formally accepted.
Motion passed unanimously.
Weir stated that she would like to be sure that thank -you notes are written to the
Kenneth Fortin family.
2. Request for Proposal (RFP) for Hamel Legion Park Playground
Equipment
Adams stated that the Park Commission recommended the funds for Phase 2 for Hamel
Legion Park Playground Equipment in 2008 from park dedication fees. He stated that
currently the Phase 1 capital improvement was approved by the Council. He stated they
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have received the 50% match and are ready to move forward with Phase 1. He stated
they are hoping to have the Phase 2 design to be built in 2008. He stated that he left
open the possibility of a firm developing both phases and building it all at one time. He
stated another component of the plan is relocating the swings.
Crosby stated he was concerned that the selection criteria neatness, completeness, and
quality of submittal was awarded points and the number of points awarded for cost.
Adams stated that typically when they are in quote process they would award more
merit to the cost, but because of the cost of the project there is a bidding process and
defined budget, which warrants less emphasis on the cost. However, he stated the City
has some discretion to not accept the lowest bid based on design criteria.
Smith stated when they did Hunter Lions Park they needed to have additional criteria.
She stated that there are different types of playground add-ons that make it useful and
interesting.
Weir stated she is concerned about the safety of the younger children's park being
wrapped in the older children's park. She stated the bigger children run around and
chase and it could get rough with the younger children in the middle.
Adams stated that the second phase for the older children is a maze/course where it is
contiguous around the other playground. This is a new design concept currently in the
marketplace.
Smith stated that they are interested in looking at a playground that is non-traditional.
Cavanaugh inquired about the interview stage and if the selection will be made prior to
coming before the Council.
Adams stated that a review team would make a recommendation and the Council would
then make the ultimate decision.
Dykhoff stated that Adams gave a good description of the playground. He stated the
Park Commission is committed to building Phase 2 at the same time as Phase 1. He
stated that there was discussion to switch some of the funds from the capital
improvement fund to achieve it.
Moved by Smith, seconded by Weir, to approve the RFP and direct staff solicit
proposals. Motion passed unanimously.
Smith stated that there has been discussion to move some trees from Holy Name Park
to this area.
3. Basketball Court
Adams stated they are proposing Staff facilitate the completion of this project. He
stated that initially the funding was going to come from the Municipal Park fund. He
stated he is doing some past coding review to find out why the fund has become
depleted. He suspects that some items were pulled from this fund instead of the Park
Dedication fund.
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Smith stated that she doesn't think it should be an issue.
Cavanaugh inquired about the reason blacktop would be preferred over concrete.
Adams stated that blacktop is preferred because it is softer on the knees and provides a
better surface for playing conditions. He stated Staff will price out various types of
basketball hoops.
Moved by Smith, seconded by Weir, to approve moving forward with the basketball
court with the use of park dedication funds as needed, as requested. Motion passed
unanimously.
F. Alleged Illegal Berm on Parkview
Weir stated that she is concerned about an illegal berm built on the property in the
1990's and the only sanction was that the land owner to pay the permit after the fact.
She stated that there is now another illegal berm that is encroaching on a wetland. She
stated the City doesn't want people to think it is okay to dump large quantities of earth
without permits.
Batty stated he doesn't recall the details of the occurrence in the 1990's.
Adams stated that Staff was ready to issue a permit earlier today and the applicant
meets the City's grading standards. He stated that the Minnehaha Watershed District
has been on site and evaluated the erosion control. He stated they have been advised
and involved review of the earthwork.
Weir stated that this isn't an illegal berm in that case.
Adams stated that is true.
Smith stated that it was begun illegally without a permit with no delineation of the
wetlands.
Crosby inquired about available sanctions for the City. Batty stated he hasn't reviewed
the situation, but the sanction that comes to mind is doubling the fees.
Adams stated these fees have been imposed and the Watershed District may also
decide to impose fees. He stated that they did not pursue a stop work order or criminal
conduct for the first violation even though the -property owner was informed to stop
grading work. A stop work order was imposed recently.
Crosby inquired about which property this was occurring on. Weir stated that it is the
Druck/Leuer property.
Kellogg stated that Bonestroo hadn't had any involvement until they submitted a grading
plan that didn't meet all of the standards. He stated that they are concerned with the
truck grading, an approved SWPPP, and an NPDES permit. He stated there is now an
acceptable grading plan, they are in the process of reviewing the SWPPP, and the
applicant provided proper documentation for the NPDES permit and payment.
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304
Smith clarified that the applicant has done this twice without a permit.
Kellogg stated that he believes there were two violations.
Smith stated that they should pursue it beyond assessing a double fine. She stated that
she believes it needs to be taken more seriously.
Weir stated they need meaningful sanctions.
Kellogg stated that as of this morning the permit had not been issued.
Crosby inquired about the amount of the fee. Adams stated that he is unsure of the
exact fee, but could find that if Council needs it.
Smith inquired if the permit could be held until it was reviewed and then look into the
legal options available. Adams stated that it may have been issued already.
Crosby stated that the City should enforce this with more red tagging and acting
promptly in stopping the work when it is happening.
Smith stated that red tagging wouldn't have stopped the work because it was already
done.
Crosby inquired about going to court and if it would be misdemeanor.
Smith stated that it happened repeatedly.
Weir inquired about a true penalty that could be incurred in the future.
Crosby stated that after the work is done, it would be in compliance with current
regulations and if it isn't then the City would require remediation.
Smith stated that it is unknown if damage was done to the site.
Crosby requested Staff and the City Engineer to determine if there was damage to the
property as a result of the work done. He stated this would allow them to find out if
there were adverse consequences to the City or the property.
Smith stated that the Council should review the ordinance and paying twice the fees isn't
enough.
Crosby stated that there is usually a distinction of willful action.
IX. CITY ADMINISTRATOR REPORT
A. Public Works Facility Site Search
Adams stated the Facilities Master Plan was accepted on July 3, 2007 and Staff was
directed to review options and provide a recommendation process to search for land for
the public works facility. He stated the options that were reviewed include a city internal
control to conduct site matrix reviews and evaluations; contacting land owners of sites to
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305
determine if land owners were interested in selling their property; using consultant
leadership; realtor/broker involvement with site search/acquisition; and a hybrid
approach consisting of Staff, consultant leadership, and realtor/broker. He explained
the recommended process and potential funding strategies. He stated financing
options/sources include issuing G.O. bonds; capital improvement bonds; establishing
economic development authority; water rate or connection fee increases; sewer rate or
connection fee increases; park dedication; and existing fund balances.
Cavanaugh inquired about a reverse -referendum.
Adams clarified that 5% of the general public could request a referendum if they didn't
feel that capital improvement bonds or the project were appropriate.
Smith stated that the City may be able to identify a property that would accommodate a
park site.
Adams stated an article was included in the City newsletter and other public awareness
could be raised by local newspapers, the City website, an exhibit at the Medina
celebration day, and at an open house.
Crosby stated that he didn't think the financing options should be discussed at length at
this point in time. He stated they should focus on the process of moving forward.
Smith stated she likes the idea of the City review team. She stated that she would be
interested in working on developing the matrix and evaluating the properties. She
stated that she isn't in favor of outsourcing all of the work.
Adams stated that Staff is not recommending outsourcing all of the work.
Smith inquired about when they would begin the process. Adams clarified immediately.
The Council agreed to follow the recommended process.
Weir stated that Smith does have the interest if she wished to serve on the site selection
team.
Smith stated that she has some knowledge in sustainable building sites.
Weir inquired if Crosby would be interested in doing it. Crosby stated that he would be
willing.
Crosby clarified that it would be himself and Smith working on the committee.
Moved by Weir, seconded by Smith, to approve the recommended process, as
requested. Motion passed unanimously.
Batty stated that the financial discussions will be lengthy and need to be extremely
detailed. He stated that it will be easier to make the critical decisions about how it will
be financed early in the process.
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August 8, 2007
306
Adams concurred and stated when the CIP and comprehensive plan are solidified the
decisions can start to be made.
Smith stated that there are only 5 to 7 suitable properties.
Adams stated that the comprehensive plan may require a lot of infrastructure growth.
He stated that it will be complex because of the changing variables with the completion
of the comprehensive plan.
Crosby stated the building cost and land cost will need to be estimated.
Adams stated that the building cost and land cost can be part of the site matrix.
B. Planning Director Appointment
Adams stated that he emailed a report to the Council members identifying the process
and appointment of Timothy Benetti for the Planning Director. He provided the
background experiences of Benetti and the conditions for the appointment.
Weir stated that she believes this is a very strong appointment and she hopes he
remains with the City for a long period of time.
Moved by Weir, seconded by Smith, to appoint Timothy Benetti to the position of full-
time Planning Director, as requested. Motion passed unanimously.
C. National Night Out
Adams stated that Belland wanted to express his thanks to Cavanaugh and Weir for
their involvement in National Night Out.
Weir stated it was very nicely organized and coordinated.
D. Landform Contract
Adams stated that at the next Council meeting they will address the contract for
Landform. He stated he received the contract from Met Council for the grant fund. He
stated Staff would like to discuss with the Council the timing of the process and how it
affects potential land use applications.
Weir stated that the meetings with Landform are going longer, but she didn't think they
were having more meetings. Weir inquired if they were paying by the number of
meetings or the length of meetings.
Adams stated that Landform has provided a couple of extra meetings already. He
stated that he has been working closely with Jennifer Haskamp on contract
requirements and some things have been credited. Future work and meetings may be
based on hourly rates.
X. MAYOR & CITY COUNCIL REPORTS
Cavanaugh inquired if the Council read the article about lake clean-ups. He explained
the process of cleaning up the algae on a lake in Eden Prairie.
Smith stated that Holy Name Lake may be a potential lake for a similar project.
Medina City Council Meeting Minutes
August 8, 2007
307
Weir inquired about the reason the barley straw doesn't contribute to the problem.
Cavanaugh stated that he thinks it should be investigated further.
Crosby suggested requesting Fortin Consulting to check into the project.
Smith stated that she would like to see more prevention done.
XI. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Cavanaugh, to approve the bills, order check numbers
000063-000069 for $25, 264.32 and 031201-031267 for $206, 247.50, and payroll check
numbers 020084-020087 and 500683-500706 for $37,432.05. Motion passed
unanimously.
XI1. ADJOURN
Moved by Weir, seconded by Smith, to adjourn the meeting at 10:12 p.m. Motion
passed unanimously.
T�
T.M. Crosby, Jr., Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
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308
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Medina City Council Meeting Minutes
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309
E CHECKS - JULY 27,2007
000063 ACCLAIM BENEFITS $728.30
000064 PR FED/FICA $10,837.64
000065 PR STATE OF MINNESOTA $2,427.00
000066 PR PERA $8,206.05
000067 PR MN DEFERRED COMP $1,115.00
000068 FARMERS STATE BANK OF HAMEL $20.00
000069 DELTA DENTAL $1,930.33
$25,264.32
ORDER CHECKS - AUGUST 7, 2007
031201 **FARMERS STATE BANK OF HAMEL $10,000.00*
031202 MINNESOTA CHILD SUPPORT PAYMENT CTR $537.69
031203 ADAM'S PEST CONTROL $105.44
031204 ALLEGRA PRINT & IMAGING $1,337.64
031205 AMERICAN TIRE DISTRIBUTORS $638.64
031206 ANDERSEN, EARL F $12,935.50
031207 BEST WESTERN KELLY INN $265.64
031208 BUDGET PRINTING $105.58
031209 CHUNKS AUTOMOTIVE SERVICE $926.23
031210 CIPHER LABORATORIES $6,710.32
031211 CIRCLE V SPECIALTIES, INC. $738.00
031212 CLASSIC CLEANING $755.10
031213 DIAMOND MOWERS INC $2,130.00
031214 ELECTRON HERDERS $1,433.04
031215 ERICKSON, ROLF ENT., INC $5,558.32
031216 ESS BROS. & SONS, INC. $335.48
031217 EXXONMOBIL $21.81
031218 FORTIN CONSULTING, INC $1,470.00
031219 GOPHER STATE ONE CALL $883.10
031220 GRAFIX SHOPPE $410.00
031221 GRANDVIEW LODGE $100.00
031222 GREGOR FARM $254.91
031223 HAWKINS INC. $4,871.85
031224 HENNEPIN COUNTY SHERIFF $21.55
031225 JIMBO'S WINDOWS $346.13
031226 KD & COMPANY $151.63
031227 KENNEDY & GRAVEN $17,143.30
031228 KONICA MINOLTA BUS. SOLUTIONS $615.78
031229 LAKE BUSINESS SUPPLY $59.94
031230 LANDFORM $13,664.62
031231 LAW ENFORCEMENT LABOR SERVICES $276.50
031232 LUNDELL, STEVE $144.86
031233 LUNDGREN BROTHERS $70,000.00
031234 MAPLE PLAIN, CITY OF $10,716.00
031235 MEDIACOM $84.95
Medina City Council
August 8, 2007
310
ORDER CHECKS — AUGUST 7, 2007 (CONT'D)
031236 MEDICA $228.00
031237 MEDICA CHOICE $16,646.25
031238 MINNESOTA CONWAY $331.61
031239 MINNESOTA SEX CRIMES INVEST. $340.00
031240 MOTHERS MOTORS/LORETTO TOWING $113.85
031241 NELSON ELECTRIC MOTOR REPAIR $322.48
031242 NEXTEL COMMUNICATIONS $824.75
031243 NORTHWEST LASERS, INC. $322.47
031244 OFFICE DEPOT $416.93
031245 PRUDENTIAL INSURANCE CO. OF AM $374.86
031246 QWEST $428.75
031247 RANDY'S SANITATION $210.46
031248 RDJ SPECIALTIES, INC. $370.87
031249 READY WATT $943.00
031250 REED BUSINESS INFORMATION $156.10
031251 STREICHER'S $535.38
031252 SUN PRESS & NEWSPAPERS $483.92
031253 SURGE WATER CONDITIONING $104.00
031254 THUL, JEFF $228.50
031255 TIME SAVER OFF SITE SEC. $512.93
031256 TWIN CITY WATER CLINIC $40.00
031257 U.S. POSTAL SERVICE $500.00
031258 UNIFORMS UNLIMITED $862.60
031259 UNION SECURITY INS. CO. $427.59
031260 VALVOLINE FLEET SERVICES $112.60
031261 VERIZON WIRELESS $9.62
031262 WEST SIDE REDI MIX $840.94
031263 WESTSIDE WHOLESALE TIRE $29.55
031264 WRIGHT-HENNEPIN ELECTRIC $4,491.12
031265 WSB & ASSOCIATES $5,689.00
031266 XCEL ENERGY $3,574.28
031267 XEROX CORPORATION $25.54
$206,247.50
Total General Checks. $206,247.50
Grand Total, Order & E Checks: $231,511.82
**This is a replacement check from last meeting which was made to wrong vendor. (Dollar amount is
the same, that check is void #31143).
Medina City Council
August 8, 2007
311
PAYROLL CHECKS - JULY 23, 2007 (E & REGULAR)
020084 SCHERER, STEVEN T $1,777.52
020085 CONVERSE, KEITH A $1,643.15
020086 VIEAU, CECILIA M $1,037.56
020087 KOTTKE, DAVID E. $431.09
500683 ADAMS, CHAD M. $2,288.66
500684 SCHERER, STEVEN T $1.00
500685 MCGILL, CHRISTOPHER R. $2,006.78
500686 HALL, DAVID M. $2,018.31
500687 DRESSEL, ROBERT P. $1,237.38
500688 BELLAND, EDGAR J $2,476.10
500689 VIEAU, CECILIA M. $1.00
500690 DINGMANN, IVAN W $1,205.52
500691 SULANDER, LAURA L. $1,338.45
500692 BOECKER, KEVIN D $2,416.00
500693 GREGORY, THOMAS $1,759.40
500694 NELSON, JASON $2,549.13
500695 VINCK, JOHN J. $1,618.13
500696 FINKE, DUSTIN D. $1,311.21
500697 MAROHNIC, NICHOLAS $583.78
500698 DAY, JEANNE M. $1,962.10
500699 DOMINO, CHARMANE $1,198.01
500700 WUNSCH, JODI M. $1,178.74
500701 LEUER, GREGORY J $1,487.82
500702 LANE, LINDA $1,011.95
500703 HANSEN, DALLAS W. $491.06
500704 ELBERT, ANDREW D. $688.30
500705 JESSEN, JEREMIAH S. $1,250.32
500706 RITTER, JAMESON M $463.58
$37,432.05
Medina City Council
August 8, 2007
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Medina City Council
August 8, 2007