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HomeMy Public PortalAbout09/18/07 CCM359 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 18, 2007 The City Council of Medina, Minnesota met in regular session on September 18, 2007 at 7:00 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Cavanaugh, Weir and Johnson. Members absent: Smith. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planning Director Tim Benetti, City Planning Consultant Andrew Gitzlaff, City Administrator Chad Adams and Recording Secretary Kimberly Stoll. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA The agenda was accepted as presented. IV. APPROVAL OF MINUTES A. Approval of the September 4, 2007 Special City Council Meeting Minutes It was noted on page 1, the seventh paragraph, it should state: "Discussion occurred on the disparity between the 4% expense inflator versus the 2.5% revenue inflator for fee revenue..." Moved by Weir, seconded by Johnson, to approve the September 4, 2007 special City Council meeting minutes as amended. Motion passed unanimously. B. Approval of the September 4, 2007 Regular City Council Meeting Minutes It was noted on page 3, the seventh paragraph, it should state: "Robin Reid...Independence Beach to Baker Park. She mentioned that there was a procedure referenced by MnDOT to obtain a variance..." It was noted on page 6, the ninth paragraph, it should state: "Cavanaugh...He stated that the City and residents..." It was noted on page 7, the third paragraph, it should state: "Weir...county road status. She stated she would like to know the cost to the City of taking back the three county roads." It was noted on page 7, tke sixth paragraph, it should state: "Johnson...convenient east/west north/south..." It was noted on page 8, the second paragraph, it should state: "Cavanaugh inquired if the $230,000 cost per mile..." Medina City Council Meeting Minutes September 18, 2007 360 It was noted on page 8, the sixth paragraph, it should state: "Cavanaugh...He stated that going to the County and asking for the roads back now would result in a loss of all negotiation power in relation to any alternatives." It was noted on page 8, the twelfth paragraph, it should state: "Haberman...would most likely need to pay for a portion of it the reconstruction costs..." It was noted on page 13, the fourth paragraph, it should state: "Weir stated the septic systems will be addressed at a future next meeting." It was noted on page 13, the seventh paragraph, it should state: "Weir inquired if the Council would be support to follow a 25/75 split with a $30,000 annual cap." It was noted on page 13, the thirteenth paragraph, it should state: "Johnson stated that Minnetonka Beach does...grant Minnetonka Beach an easement." It was noted on page 16, the second paragraph, it should state: "Johnson...Kellogg stated that he has spoken with..." Moved by Weir, seconded by Cavanaugh, to approve the September 4, 2007 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Approve the Wage Increase and Lift Probationary Status for Office Assistant to Planning and Public Works Linda Lane, Effective September 26. 2007 B. Approve Lake Minnetonka Communications Commission 2008 Budget and Joint Powers Agreement Amendments C. Agreement for Assignment and Amendment of Structure Removal Agreement Weir asked to remove item D from the consent agenda. Moved by Johnson, seconded by Weir, to approve the consent agenda as amended. Motion passed unanimously. D. Resolution Granting Amended Conditional Use Permit Approval to Rolf and Elizabeth Turnquist for Property Located at 2000 Chestnut Road: Revoking Resolution 87-133 Crosby stated the Council will probably extend the application for 60 days. He explained that this issue has been discussed at five or six meetings. He requested the residents speak succinctly and non-duplicatively. Mary Bhaysar, 2105 Chestnut Road, stated they are immediate next door neighbors to the Tumquists. She stated the animal assisted therapy program was presented to them as a small program for a few disabled individuals by Liz Turnquist. She stated the CUP Medina City Council Meeting Minutes September 18, 2007 361 presented now states that it is a commercial, non-profit operation requiring the amendment of City ordinances. She stated they would like to revoke their signatures supporting the program. She explained that they are not comfortable with the increased amount of traffic, the buses, and not knowing the diagnosis of the clients stating these issues are a danger to their family. She stated there was an agreement made in 1984 restricting the number of users on the private road. She stated the City has not done due diligence in protecting the residents on Chestnut Road or the rest of Medina from commercial traffic on dead end residential roads. She stated the CUP does not offer protection for the children or residents. She stated the clients may return unsupervised outside of the program. Abdhish Bhaysar, 2105 Chestnut Road, demonstrated the location of the access to the Tumquist's property. He stated that the road is a private property road beginning at their property controlled by the home owners in the area. He stated they were initially told the program was a small program for disabled children to train with horses. He stated they initially signed the petition in support of the program. He stated they feel betrayed as do other neighbors,. He stated that other neighbors have refused to come to speak because they were told one thing and something totally different has passed the City and they have lost faith in the democratic process. He stated the increase in traffic would pose a risk to the children and his family. He stated the small dirt road is unsafe in the winter. Based on his experience, he stated the unknown diagnosis would not be appropriate for residents or training in this type of neighborhood. He stated that seemingly benign diagnosis have potential long-term consequences. He stated instances may occur if the children were to return unsupervised. Crosby stated that the City has not taken action. He stated the City won't enforce a private roadway covenant. Batty concurred with Crosby's statement about the enforcement for the roadway covenant. Mr. Bhaysar stated that his understanding was the document was signed by the City and wasn't sure about the role the City would have in it. Crosby stated that the City often signs the easements for public vehicles. Batty stated he has not seen the document, but the City's standard private road agreement is executed by the City. Jeff Dobbs, 1772 Morgan Road stated he and his family moved to Medina because of its rural nature. He demonstrated the location of their property. He stated that they were noticed, but they didn't have any conversations with anyone about what might happen on the property. He stated they are concerned about the safety and welfare of their children. He stated they hope the Council will vote against this. He stated the 501(c)3 non-profit status allows for treating children with cognitive disorders. He stated the permit is open ended and may be treated like a school or church off of a main road, instead of a private road. Jim Simons, 1862 Morgan Road, stated he has read the minutes from previous meetings. He stated that they are one property away from the Turnquists, but 37 feet beyond the 1,000 feet required for the notice. He stated that people have tried to gather the facts about the situation. He stated it has been an evolving use, but the proposed ordinance with the conditions is a permanent document that doesn't address all of the Medina City Council Meeting Minutes September 18, 2007 362 concerns. He stated it isn't appropriate for the traffic on the small roads. He stated limited use was a common theme in the discussions, but it would allow for 600 new trips down the road. He stated the limited hours were noted in the minutes, but there are about 96 or 98 hours allowed per week. He stated they are fortunate to live on non - arterial roads where there is less traffic by non-residents. Crosby stated that any resident can receive the minutes and agendas for the meetings via email. He stated that on December 3, 2007 there will be a public hearing regarding the 2008 budget. He stated the budget process is different this year as there are a number of large expenses next year. He stated their objective is to plan for next year instead of waiting for the expenses to happen. He stated there will be a proposal and they don't want to foist anything on to the residents something that nobody likes. Johnson stated that the community survey that was conducted last year indicated the desire to maintain the rural character and manage and reduce traffic. He stated that Crosby was referring to getting ahead of their traditional path for road maintenance as part of managing traffic. He stated there recently have been discussions about taking some of the county roads back and turning them to city roads. He stated this will impact the budget. Cavanaugh stated that the numbers seen on the proposed budget don't reflect the costs associated with the county roads changing to city roads. John Stern stated he was here on behalf of Jeff Dobbs and the other neighbors in the area. He stated there have been compelling statements from the neighbors and requested the Council take their thoughts and concerns seriously. He stated he would be able to provide a copy of the easement for the road. He stated the nature of the traffic and the use of the road are larger considerations. He stated the consideration for the approval or denial of the CUP is deciding whether or not the change in use is proper. He requested the Council consider how the use will change if the CUP is approved. He stated that it appears to be a city wide concern to preserve the rural nature of the City. He stated that this type of program could change the rural nature over time. Dale Constadine, 2265 Chestnut Road, stated she is familiar with MnLINC and its activities and the wonderful things that it is accomplishing. She stated as a resident she fully supports it. Sue Keiser, 2915 Willow Road, stated she has observed some of MnLINC's programs and it is impressive, fascinating, and a good thing. She stated that she has observed some of the results. She stated she has not seen any large buses or unsupervised children. She stated that she hasn't heard anything negative about the program and she supports it. Norma Friedrichs, 2860 Willow Drive, stated she is a neighbor of the Turnquist's. She commended the Turnquist's for their willingness to work with people who are mentally and physically challenged. She stated that she thinks it is an inappropriate location for this type of facility and hopes the Council would not approve this facility. Rolf Turnquist, 2000 Chestnut Road, stated that his wife has been on the Board for MnLINC and is passionate about the work that they do. He stated that Tanya Welsch from MnLINC would be able to address some of the concerns. He stated there have been multiple meetings with the City to work through the process. He stated that many Medina City Council Meeting Minutes September 18, 2007 363 of the concerns he has heard from the residents are appropriate. He stated that it is a small two person operation and the CUP makes it look larger than it is. Tanya Welsh stated she is the Education Director and co-founder of MnLINC. She stated the Council is aware of the process and logistics of the facility. She stated if she were in a similar situation as a resident she would be concerned and asking similar questions. She stated that they are termed a commercial operation because they don't fit the definition of residential. She stated that the clients that are seen are residents that live in this area. She stated they are working with clients to instill better social skills and better ways of dealing with people. She stated that the children are supervised at all times. She stated the rural nature of the program is part of the healing nature. Johnson inquired about the percentage of clients that are corporate people and children. Welsh stated that they are just beginning to work with corporate groups to learn team building, diversity training, and conflict resolution. She stated the types of clients are not physically disabled individuals. She stated that some of the clients have diagnosis, but she is unable to state the types of diagnosis because of confidentiality. She stated they are located in the West Metro because this is where the clients are located. She stated the schools want the clients to remain locally and be successful. Turnquist stated they have been residents in Medina for 25 years. He stated the way the house is situated nobody can see it. He stated that the program would be conducted in their barn. He stated that they don't want to do anything that affects the property values or the rural nature. He stated that it is a temporary use for 2 to 4 years and only for MnLINC. He stated that anyone can come to the property to view it. He stated there is a tremendous impact that these programs make. He stated that they agree with the concerns if it were as onerous as it appears. Crosby stated that Turnquist noted that it would be a short term use. He stated that the Council discussed ways to allow a short term therapeutic program for children. He stated that there wasn't a legal way to do a temporary circumstance. He stated most of the issues that were brought up at this meeting had been considered previously. He stated the ordinance addresses many of these issues. He stated a number of people have referred to it as a commercial operation. He stated that his opinion is that it is more of an institutional operation similar to a church or school. He stated that there is no way a city can have control over the types of groups that can be held at a church or school. Weir stated it seemed as though it did belong in a rural residential area because it is animal based. She stated that it is a very well run operation. She stated that she hasn't been out to Minnetrista to observe it. She stated that it is a public service that helps people to be full citizens of the community. She stated that in the ordinance the Council tried to limit it as much as possible. She inquired about the client to staff ratio. Cavanaugh stated that there has been concern about the notification to the neighbors. He stated that he isn't comfortable making a decision until the neighbors have a chance to meet with the people. He stated that he thinks it is commercial in nature and will increase traffic. He stated that they made some accommodations for MnLINC in terms of the zoning and the ordinances. He stated if this moves forward he would like to revisit the issue of an 80 acre minimum. Medina City Council Meeting Minutes September 18, 2007 364 Weir stated that Mrs. Constadine was the only person at the Planning Commission that came to speak in regards to it and she was in favor of it. Johnson thanked the residents for coming and expressing their thoughts and concerns. He stated that there wasn't enough notice for the residents to get involved in the process. He stated the Turnquist's and the City have invested a great deal of time and energy. He stated he hoped the Council would reach a resolution that was fair to all parties. He stated that he is concerned that it is commercial in nature and the increase in clients as it grows resulting in an increase in traffic. He stated that he had been informed that the residents were informed and in support of the use. He stated he is inclined to view the opinions of the neighbors whose properties are affected with greater weight than the whole community. He stated it is a relocation and not a new business. He stated that if he were to vote today he would be inclined to decline. Crosby stated that there are•a number of modifications that could be made to the CUP that would eliminate a number of issues. He stated that he is not apologetic for the public process. He stated that he doesn't see that the Tumquist's misrepresented the program because he understood them to say that they talked to the people on their road. Moved by Weir, seconded by Cavanaugh, to table the Resolution Granting Amended Conditional Use Permit Approval to Rolf and Elizabeth Turnquist Property Located at 2000 Chestnut Road; Revoking Resolution 87-133 with an extension up to 60 days. Batty stated that his interpretation is that the City is still within the first 60 day period and the motion is to extend the application another 60 days. Cavanaugh requested Staff to look at the road agreement even though the City isn't in a position to police it. He stated the City shouldn't be in a position to facilitate violations of the agreement. Johnson stated that the easement agreement may not allow the use and it would be appropriate to check in to it prior to working on the changes for the CUP. Motion passed unanimously. Adams clarified the process and timeline for discussing the ordinance and CUP, stating Staff needs direction tonight on scheduling a public hearing for possible Planning Commission consideration on October 9th. Cavanaugh stated that he would like to revisit the portion of the ordinance about the minimum number of acres to be 80. Batty inquired about where they are in the first 60 days. Adams stated that the end of the first 60 days expires on September 30, 2007. He stated the extension will give them until November 30, 2007. Batty stated that keeping the possibility open of a modification to the ordinance would need to be done now. He stated a general notice will be published for the Planning Commission agenda. He stated that they would need to have some indication about which portions of the ordinance they would be interested in modifying. Medina City Council Meeting Minutes September 18, 2007 365 Crosby inquired if the specifics of the ordinances would need to be published in the notice. Batty stated they wouldn't have to go in the notice, but Staff would need to know in time for the packets for the Planning Commission. Crosby inquired how this changes what they have done. Batty stated that it doesn't, but it gives them another option. He stated that if the Council decides they don't want to modify the ordinance, there isn't anything lost. Weir inquired how individual people and Council should contact Staff. Adams stated that it can be sent to his attention. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Madeleine Linck, Park Commissioner, stated their next meeting is on September 19, 2007. She stated the only action item is the request from Robin Reid to revisit the CR 19 connection trail from Baker Park to the neighborhood. She stated there is a letter that includes the possibility of a variance. She stated that they will discuss the possibility of a DNR Metro Greenway proposal. She stated Staff has done a brochure about the Medina parks and nature areas. She stated the Park Commission will be at the celebration day on Saturday. Weir stated she went to see the Veteran's memorial and congratulated the Park Commission on its work. Linck stated that there will be a ceremony on Saturday. C. Planning Commission Robin Reid, Planning Commissioner, stated they reviewed the tree preservation and replacement ordinance. She stated they made some minor wording changes and they voted to recommend the Council approve the ordinance as amended. She stated they reviewed Staffs recommended changes to Section 826 in regards to rural residential 1 zoning. She stated these changes were recommended to correct clerical errors. She stated that they were happy to welcome Michelle Litts to the Planning Commission. She stated that next month they intend to review drafts on the wetland and cemetery ordinances. Cavanaugh inquired about the changes to the tree preservation ordinance. Reid stated that they were minor word changes to make it clearer and there weren't any changes in the numbers. VII. OLD BUSINESS A. Holy Name Lake- Requested Name Change to Hansmann Lake Adams stated Staff sent out a notice to residents within 1,000 feet of the lake. He stated that they have received some public comments and noted that this meeting isn't a public hearing, but there are some residents wishing to speak. He stated that the City isn't the deciding authority on the renaming the lake. He stated the City would only be making a recommendation to the Hennepin County board. Medina City Council Meeting Minutes September 18, 2007 366 Crosby stated that they have received a number of letters. He inquired if the Council should take a position on this issue. Weir stated she thinks they should take a position. Suzie Sween, 2112 Holy Name Drive, stated that she has been a long term resident and her family owns about 2/3 of the land under the lake. She stated that she likes the name as it is. She stated that at one time the road was named after her family. She stated that she doesn't like the idea of going back and changing the name. She stated that she thinks that if the City is going to take a position on the issue, then all of the residents should be notified not just the residents around the lake. Michelle Hansmann stated this is the second time she has presented on this issue. She stated she is here to gain local support even though it is not required to change the name. She stated that she would like the name changed to Hansmann Lake. She explained her family history with the naming of the lake and the role they played in the development of the City and Holy Name Church. She stated the original name of the lake was Hansmann Lake until the 1950s. She stated that residents could sign a petition in support of the name. changed. She stated the letter written by Mike Scherer incorrectly stated that her great, great, great, grandfather left the area and Holy Name Parish wouldn't be there without her family's donations. She stated that she has not been contacted by anyone from Holy Name Church regarding a plaque honoring her family. She stated that Holy Name Lake wasn't legally named Raskob Lake or Differ Lake. She stated she is not here to hurt anyone's feelings or upset the church. She stated the MN Statutes requires a different process to be followed because the name of the lake is over forty years old. Galen Bruer, 2815 Capriole Drive, stated he is on the Park Commission, but was not at the meeting that discussed the renaming. He stated that if he had been there, he wouldn't have supported it. He stated that there were many residents who made contributions to the lake. He stated that he thinks the Hansmann family and the other families who made contributions should be recognized. He stated he would urge the Council to not support the change in the name. He stated that he is unsure of what the support of the Council would do in the process of changing the name. Pete Boulay, representative of the DNR, stated the process to change the name is in MN Statue 83A. He stated that part of the process is to have a County public hearing and the support of the City would be key in the hearing. He stated it is a slow and deliberate process to achieve a decision that will hold for a long time. He stated that he had difficulty finding documentation about the name change to Holy Name Lake. He stated the 40-year provision tries to prevent lakes from changing names repeatedly. He stated that in order to change the name with a 40-year provision there are a few things that would need to occur. He stated that it could be done by the State or the MN Geographic Names Authority. He stated that duplicative names, derogatory names, or new information not previously known about the name of the lake could result in name changes. Crosby inquired about the purpose of Boulay's attendance. Boulay stated that he was there as an observer. Crosby inquired if the materials reviewed by Boulay indicated that the adoption of Holy Name Lake was done legally. Boulay stated that the information he has reviewed indicates that it was done legally. Medina City Council Meeting Minutes September 18, 2007 367 Crosby thanked the Hansmann family for the presentation and the residents for the well articulated letters. Weir stated that it is a long held name. She commended Michelle Hansmann for her presentation. Moved by Weir, seconded by Johnson, to continue to call Holy Name Lake, Holy Name Lake. Motion passed unanimously. VIII. NEW BUSINESS A. Bradley Moen and Michael Leuer Rural Residential Subdivision - Preliminary Plat to Create Seven Lots North of Navaio Road, West of the Hunter Farms Subdivision, and North of the Tuckborouqh Farms Subdivision Gitzlaff presented the background information for the preliminary plat, noting the sizes of the lot, the zoning, and the request for the subdivision. He stated several lots meet the minimum requirements for the contiguous soil. He stated a portion of the property is located in Flood Zone A. He stated applicant has applied for a formal amendment to the FEMA floodplain boundary, which has been approved. Johnson inquired about the floodplain line. Gitzlaff stated that the applicant feels the floodplain line was located incorrectly. He stated there is a formal amendment process that FEMA follows. Crosby stated it is based on the information gathered, but the floodplain line could be based on elevation. Johnson inquired about the thoughts from the Watershed. Gitzlaff stated that the Watershed District indicated that they would be okay with the accuracy of FEMA's determination. Gitzlaff stated that there are wetland areas, stormwater ponds are proposed, and wells and septic systems appear adequate. Crosby inquired if there have been actual soil tests conducted or if it is based on soils maps. Gitzlaff stated that it is based on Hennepin County's soils maps. Johnson stated that Dickerson noted that issue from the Planning Commission. Crosby stated that there is a rebuttable issue because a soil test could produce different results than the maps. He inquired about what would happen if the soils map stated there were 5 acres of suitable soils, but if it were tested there wouldn't be 5 acres. Kellogg stated that to his knowledge it hasn't been done. Johnson stated that the Planning Commission's report indicates that it is not necessary to test the soils, unless someone is contesting the soils. Batty stated that he doesn't know if it has ever been raised in Minnetrista. He stated that it is usually the resident who challenges it and the City could challenge it if necessary. Medina City Council Meeting Minutes September 18, 2007 368 Johnson inquired if the 5 contiguous acres includes road services. Mark Gronberg, Gronberg and Associates, stated that they only go to the lot line and there is a plotted road. Batty stated that they don't allow anything under the road to be counted toward the 5 acres. He stated that total lot area can be picked up if the right-of-way is by easement not by dedication. Crosby inquired if driveways can be counted in the 5 acres. Weir stated that it can. Gitzlaff stated that access will be from two new cul-de-sacs served from Navajo Drive. He stated there isn't a road there currently and they need to be mindful of potential road connections. He stated that Staff recommends keeping the easement to allow for this option at a future date. Gitzlaff stated the trees are generally located at the perimeter of the lots and a landscape plan has been submitted. He stated park dedication fees would be required. He stated the recommendation of the Park Commission is to take a 15 foot trail easement and grant park dedication for that portion. He stated the Planning Commission voted unanimously in support of it and the Park Commission voted 5-2 in support of the trail easement. He stated there were concerns about a trail running through the backyards. He stated some residents were in favor of the development, but had concerns about the character of the subdivision in the area and about the impacts from septic systems, run-off from the site and traffic. He stated Staff recommends the Council authorize preparation of a resolution approving the preliminary plat. Johnson stated that his understanding about the test for septic is 5 acres of contiguous, undisturbed soil. He stated that undisturbed soil assumes that there has been no compaction over time. He stated agricultural use typically results in disturbed soils. Kellogg stated that his understanding is that the ordinance states that there needs to be 5 acres of contiguous suitable soils. He stated that a primary and alternate septic sites needs to be located. He stated a perc test would then be required. Crosby inquired if a perc test has been done. Kellogg stated he wasn't sure if it has been submitted to the City. Gitzlaff stated that some preliminary tests were submitted. He stated that the 5 acres contiguous soils is a requirement for lot size and is not needed to fit a septic and alternative septic in that location. Weir inquired if the easement to the north would be taken if it would have an effect on the 5 acres of contiguous soil. Gitzlaff stated that his understanding is that it is pre -development conditions minus the right-of-way. He stated that if the Council did require the extension of the right-of-way for the potential road that might affect the lot areas. Weir stated that Lots 2 and 3 are 5.3 acres and 5.9 acres respectively. Medina City Council Meeting Minutes September 18, 2007 369 Cavanaugh inquired about how the easement would effect the calculation of the suitable soils. Batty stated that it would be taken as platted right-of-ways and not easements. He stated the Council would want to look at the issue of how many square feet of suitable soils that it would take out of the equation. He stated that it wouldn't have to be taken just from the adjacent lots because the lot lines could be adjusted. Johnson inquired about the definition of suitable soils. Batty stated that he thinks it states there needs to be 5 acres of suitable soils and elsewhere it states what is not suitable. Crosby stated that there are classifications for the soils. He inquired if there would be a requirement for perc tests for getting building permits. He inquired if it is required for one location or two locations. Benetti stated that there needs to be two perc tests. Crosby inquired about residents requesting exceptions for building permits based on the approval of the lots. Batty stated that they wouldn't approve a final plat until they demonstrated that there are two septic sites. Crosby inquired if there is a requirement to have a perc test completed prior to the final plat. Gronberg stated that it has been the policy to have two perc tests for each lot completed prior to the final plat. Crosby stated that he thinks they should take an easement because it is too much for a landowner to accommodate the adjacent landowner. He stated that he thinks they should have the right to do it in the future, but would not take it as a platted road at this time. Weir stated that taking it as an easement wouldn't impact the suitable soils. Batty stated that he doesn't think it would it would be treated differently than the right-of- ways. He stated that the purpose of keeping right-of-ways out of calculations is because there might be roads there. Johnson stated that if a road was built in the future it would lead to non -conforming lots. Batty stated he doesn't think that for suitable soils they have made a distinction about requiring the right-of-way by plat or by easement. Crosby inquired if that was for existing roads or future roads. He stated he thinks it is unfair to take the suitable soils out of the building area for a road that may or may not be built. Batty stated that he didn't recall what has been done in the past. Gronberg stated that there is additional land there and there would be more than 5 acres on some of the lots. Cavanaugh stated that there is a fairness issue and going forward on other developments he doesn't think it is something that should be subtracted. Medina City Council Meeting Minutes September 18, 2007 370 Mike Leuer, applicant, stated that there was a comment at the Planning Commission meeting stating that they were in favor of a thru road and the comment was incorrect. He stated there is an easement from Carriage Drive that makes it look like a road could be placed there. He stated there is a floodplain there and they don't think it would be good to connect them just to make two more lots. Susan Pihl-Neiderman, 905 Navajo Road, stated she and her husband are in favor of the subdivision, but are not in favor of the easement. She stated that it isn't possible to predict what might happen in the future. She stated there is no commercial activity and would like to avoid a thru road to prevent an increase in traffic in the neighborhoods. Galen Bruer, 2815 Capriole Drive, stated he is opposed to allowing an easement to go through the property. He stated a substantial majority of the people have moved to the City because of the wetlands, the beauty, and the charm. He stated he doesn't want to leave the decision of crossing wetlands open to a future Council. He stated that the people in the neighborhood don't want to have a thru road. He stated as part of the Park Commission they have spent considerable time discussing greenway corridors. He stated that the residents want to preserve the rural character and minimize traffic. He stated that it doesn't make sense to buy roads back from the County to ease truck traffic and then build additional roads. He stated he thinks the Council needs to take a stand on the traffic with the residents. He stated he doesn't see a benefit for the City for allowing more roads. He stated his opposition to the trail easement. Tom Hektner, 825 Navajo Road, stated he would like the Council to reject the road easement and is supportive of the statements already made. Michael Fine, 550 Navajo Road, stated he is in favor of the proposal, but not of the road easement. He stated the decision made by the Council impacts the people who will buy the lots. Larry Zilverberg, 820 Navajo Road, stated he is in favor of the development and he thinks Moen Leuer Construction will do a good job developing the property. He stated he is opposed to the road easement. He stated that when he purchased his property it was explained that the trails were built for people to ride horses. He stated the context of the trail at the back of his property has changed and opposes the change. Mike Leuer stated that they didn't want the easement for the road front beginning. He stated the parks are a greenway corridor and the wildlife and rural character will be taken away by building a road. Kellogg stated the road to the north was recommended based on discussions with the Public Works Department that there is a potential for a connection to Carriage Drive. He stated there is already a right-of-way platted to the east line of the property. He stated that it would be physically impossible to have the road connected to Hamel Road. He stated that cul-de-sacs are more time consuming and costly for maintenance and snow plowing. Crosby inquired if the developer could choose to build a private road as a way to not have a thru street. Kellogg stated that it could have an impact on the easement. Batty stated that they used to do a lot of private roads and it would end the discussion about the right-of-way. Medina City Council Meeting Minutes September 18, 2007 371 Crosby inquired about the rights for the property located to the north for the undeveloped easement. Batty stated that if it is a public right-of-way, then they can petition the City to open it. He stated that if it is on a person's property, they have the right to use it even if the City has not opened it. Crosby stated that if the subdivision is public roads and the City is maintaining the roads, the easements should be obtained. He stated the paths and trails have changed as an effort to keep bicyclists and pedestrians off of the streets. He stated he thinks they should follow the recommendation of the Staff and the developer could choose to do the roads privately. Weir stated that in the upcoming comprehensive plan there is a city policy to have connective roads. She stated that the developers should consider this when purchasing land. Crosby stated his preference would be that it is a private road so the City doesn't have to do a lot of clearing of the cul-de-sacs. Cavanaugh inquired if the developer would be interested in taking it as a private road. Leuer stated that it wasn't something that was discussed by the Planning Commission. Cavanaugh inquired if he would be interested in taking the road as private to get rid of the easement. Leuer stated he wouldn't want to do the development with the easement. Batty stated that if it were a private road, the existing cul-de-sacs would be platted as an outlot. Weir stated she is doubtful that they can take the easement and meet the suitable soils. Cavanaugh stated he did a rough calculation and thinks it would still be met. Kellogg stated that if an easement were extended north and the lot lines were to remain the same, he doesn't think there would be enough. Moved by Cavanaugh, seconded by Weir, to prepare a preliminary plat resolution for the Bradley Moen and Michael Leuer Rural Residential Subdivision requiring that there be a private road with a private agreement without the easement going to the north and other conditions as stated in the report, as requested. Motion passed unanimously. B. United Properties- Final Plat Approval for Hamel Station at 3575 Sioux Drive (Ferrelgas Property) for Multi -Use Retail Development Gitzlaff presented the final plat for Hamel Station and demonstrated the location. He stated it includes a multi -tenant retail building, coffee shop, credit union, and a new frontage road. He stated the CUP was to allow the drive-thrus for the coffee shop and credit union. He stated there is an exception parcel owned by the Met Council and there is a highway right-of-way for TH 55. He stated the changes since the preliminary approval include a Met Council vault facility access and an updated site plat. Medina City Council Meeting Minutes September 18, 2007 372 Crosby inquired about a pond on the western edge. Kellogg stated that the pond was there previously. Weir inquired about the traffic pattern for the drive-thrus. Gitzlaff demonstrated the path. Crosby inquired about driving a car around the northwest corner and if there would eventually be a link with the Highway 55 Rental. Kellogg stated that it would. Gitzlaff stated the coffee shop has been reoriented to make the reconfigured drive lane and parking area function better. He stated the building size has increased by 6.8%. He stated it isn't increasing the building footprint or the total impervious surface. Weir inquired if it was the credit union that would be increased. Gitzlaff stated that the credit union is increased by about 400 square feet and the retail building by about 800 square feet. Weir inquired if the increase would be vertically since the building footprint wasn't increased. Gitzlaff stated it was increased due to columns. Gitzlaff stated the applicant was required to obtain a permanent parking easement to allow 11 stalls to encroach on the Met Council property. He stated the Met Council has entered an agreement for a license. Weir inquired about the effects on the impervious surface and the setback from the creek for the four parking stalls. Gitzlaff stated Elm Creek has reviewed the plans that show the four parking stalls and they were okay with the plans. He stated the impervious surface may be increased. He stated there is flexibility with the parking standards in Uptown Hamel. He stated a contingency plan should be created in case a parking problem occurs. Gitzlaff stated there is a fence encroaching on the property from the adjacent Highway 55 Rental facility. He stated the owner has signed an agreement with the applicant to tear down the existing fence, put up a temporary fence during the building and then construct a permanent fence once the roadway improvements are complete. He stated Staff finds this acceptable provided an encroachment agreement is signed between Highway 55 Rental and the City. Crosby inquired about whom the adverse possession would be against. He stated that there can't be an adverse possession against the City. Batty stated that a person can't get an adverse possession unless the 15 year rule is established before the City came in to possession. He stated that he is going to draft a second agreement that specifically gets rid of the adverse possession issue. He stated it will be an encroachment agreement so the fence can remain there until the site is re- developed. Gitzlaff stated that he spoke with Highway 55 Rental to discuss the conditions. He demonstrated the landscape and streambank restoration plan. He stated the conceptual plans for the future TH 55 corridor have recently been completed and demonstrated these plans in relation to the development. He stated MnDOT has Medina City Council Meeting Minutes September 18, 2007 373 decided against requiring a right-of-way because the design is conceptual. He stated Staff would be comfortable with the right-of-way over the drainage easement. Crosby stated that it would be advisable to have a condition stating that the applicant is aware of the potential of TH 55 plans. Adams stated that there is a condition. Weir stated there are plans for an Uptown Hamel sign and inquired about where the sign would go. Gitzlaff stated it should be added to the conditions for the sign to be developed. Cavanaugh inquired if the proposed changes of TH 55 are over Elm Creek. Kellogg stated that it is over Elm Creek and demonstrated conceptual plans. He stated that ideally they would like to have 10 feet beyond to allow for the building of retaining walls. He stated Gitzlaff talked with the applicant about a 10 feet easement adjacent to the road, but not 10 feet beyond. Gitzlaff stated Staff recommends Council authorize preparation of a resolution approving the final plat subject to the conditions and authorize preparation of an amended site plan resolution based on the updated plans. Crosby inquired about the phasing of the building of the properties. Eric Simmer, United Properties, stated their intent is to build all of the site improvements in the spring and break ground for the credit union and possibly the other two buildings. Crosby inquired about having a coffee tenant. Simmer stated that there is a perception that they have lost some traction, which makes retailers nervous. Crosby inquired if there wasn't a coffee shop, if there would be a different land use plan. Simmer stated that if a drive-thru coffee shop wasn't feasible, then they would expand the multi -tenant retail building and do a lot consolidation. He stated it is their intent to build it as a retail pedestrian friendly development. Reg Pederson, owner of Highway 55 Rental, clarified that there would be signatures from the City and United Properties on the fence agreement. He stated that the plans at the preliminary approval included 6 foot screening. He stated that the fence agreement calls for a fence screening the back of the building. Crosby inquired if the City would be a part of that agreement. Batty stated that the City probably wouldn't sign the agreement and the City's issues would be in the agreement they described and the issues with Highway 55 Rental and United Properties would be in a separate agreement. Simmer stated he is concerned about a surety that needs to occur to ensure completion of improvements to the site. He stated that he wouldn't want the City to come in and put in the site improvements as drawn in the event that something happens with the project. He stated the cost is very site specific instead of general improvements. Kellogg stated that this is the way it has been done for other commercial properties in the past. Adams stated that there are reductions made to such letters of credits as progress occurs. Medina City Council Meeting Minutes September 18, 2007 374 Batty stated Simmer's point is that the City wouldn't attempt to finish a project all of the way, but would complete the public improvements and safety issues. He stated that even though the letter of credit would be required in the full amount, they would only use a portion of it to fulfill the public function and not to finish off the development. Crosby stated that having the money there would be an attractive feature for a subsequent developer. Batty stated that they have not had to deal with that. Crosby inquired about additions to the Staff recommendations. Weir stated that there needs to be a condition for the sign. Moved by Johnson, seconded by Weir, to authorize Staff to prepare a resolution for final plat approval for Hamel Station including a condition for the Uptown Hamel sign, as requested. Motion passed unanimously. Moved by Johnson, seconded by Weir, to authorize Staff to prepare a resolution for revisions to the site plan. Motion passed unanimously. C. Accept Resignation of Planning Commissioner Mark Bryant; Search Process to Fill Vacancy Moved by Weir, seconded by Cavanaugh, to accept the resignation of Planning Commissioner Mark Bryant, as requested. Motion passed unanimously. Adams stated that the Staff report recommends advertising for this position. Crosby stated that he thinks the applicants should come before the Council. Weir stated that for several years there has been a panel for the appointments. Crosby inquired about the intent of having a committee. Adams stated that it allowed for more screening with background checks and geographic distributions. The Council concurred to continue using the current method. IX. CITY ADMINISTRATOR REPORT A. Comprehensive Plan Flowchart Adams explained the timeline and process of the future steps of the comprehensive plan. He stated the maximum amount of time for the adoption of the comprehensive plan is Fall 2008. He stated that it would be beneficial to have the official controls proceed forward during adjacent jurisdiction review and while the City is receiving approval from the Met Council. He inquired about the appropriate,time to institute a moratorium. He stated it typically happens after the Met Council approval. Crosby inquired if they are limited to a one year moratorium. Batty stated that there is a one year limit. Medina City Council Meeting Minutes September 18, 2007 375 Weir stated that it could possibly be shorter if the control work is pre -prepared. Batty stated that they are under a nine month deadline for the initial controls after the adoption of the comprehensive plan. Weir stated that it may be able to be done in six months with this approach. Crosby stated that it is more important to get the word out about a moratorium than the specifics of the moratorium. He stated that it could be in the newspaper and newsletter. He stated it would be for all land use applications that would come in to effect related to the comprehensive plan process in 2008 and may last one year. Adams stated that they should discuss a city wide moratorium and if certain areas such as Uptown Hamel being in a redevelopment TIF district should be allowed to develop. Batty stated that they may decide not to have a city wide moratorium, but choose to have a series of shorter moratoria for specific areas. Crosby stated that Staff should develop proposal. B. 2008 Budget — Truth In Taxation Flyer Adams stated there is a deadline of September 30, 2007 to have it turned in to the County and requested feedback. The Council discussed various wording changes to the flyer and the calculations for the budget. X. MAYOR & CITY COUNCIL REPORTS Weir stated that she noticed in Benetti's report that Bonestroo is planning to create a wetlands ordinance. She stated she believes they already have a wetlands ordinance. Adams stated that they are going to update the wetlands ordinance premised on the new information conducted through the functional assessment of wetlands. Adams added that Staff will be beginning with the most recent draft of the wetland ordinance dating back to last year's Planning Commission discussion. Crosby stated that his meeting with Penny Steele has been rescheduled and Steele has requested Jim Grube be a part of the meeting. Weir inquired if all the utilities on CR 19 are going to be shifted and inquired if they are going to be buried. Adams stated that they are going to be shifted to the west side and they won't be buried. Johnson inquired about the methodology of the density calculations for lot sizes. Adams stated the Met Council has made some concessions, but final decision from the Met Council is still pending. Weir inquired if the roads are still being considered buildable. Adams stated he understands that it depends on the classification of the roadway. Adams stated they are moving forward with the formal code enforcements program and there are some deadlines that are arriving for the violations. He stated that these may start coming to the Council in the form of complaints. Medina City Council Meeting Minutes September 18, 2007 376 Weir inquired about the neighborhoods that were targeted. Adams stated he thought some properties in Medina Morningside and another residential area were first sent notices. Crosby stated he plans to look at the current draft of the ordinance and CUP for the Turnquist property and narrow the application so it is youth oriented and not for corporations. He suggested that each council member do the same. Adams stated that they intend to bring it back to the Council to determine if it should go back to the Planning Commission. Cavanaugh stated that it is important to get the neighbors involved. Crosby stated the neighbors can get involved in the public process. Johnson stated that without significant restrictions in regards to time, use, and hours the neighbors won't be in support of it. Crosby stated that with the exception of the residents on Chestnut Road the concerns are highly theoretical. XI. APPROVAL TO PAY THE BILLS Moved by Weir, seconded by Johnson, to approve the bills, order check numbers 031397-031465 for $230,317.51, payroll check numbers 020097-020104 and 500757- 500782 for $37,066.32, and e-check and vendor check numbers 000081-000093 and 031395-031396 for $25, 636,10. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Johnson, to adjourn the meeting at 10:35 p.m. Motion passed unanimously. T.M. Crosby, Jr., Mayor Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes September 18, 2007 377 ORDER CHECKS - SEPTEMBER 18, 2007 031397 ACCURINT $72.50 031398 ADVANCED DRAINAGE SYSTEMS $461.98 031399 AGGREGATE DIVISION $689.73 031400 ALLDAFFER, BARBARA $62.00 031401 BATTERIES PLUS $22.89 031402 BK AUTO $174.43 031403 BONESTROO, ROSENE, ANDERLIK $78,531.36 031404 CENTERPOINT ENERGY $268.89 031405 CHUNKS AUTOMOTIVE SERVICE $631.39 031406 CNH CAPITAL $3,142.87 031407 COLLISION CORNER $285.00 031408 COMMERCIAL ASPHALT CO. $5,182.01 031409 CULLIGAN $47.98 031410 DEEP ROCK WATER COMPANY $140.78 031411 DESIGNING NATURE, INC $20,983.59 031412 ELAN FINANCIAL SERVICE $1,360.07 031413 ELECTRON HERDERS $134.17 031414 ELITE CLEANERS & LAUNDERERS $20.31 031415 ESS BROS. & SONS, INC. $1,084.17 031416 FORTIN HARDWARE $525.19 031417 FRONTIER $60.09 031418 GAMES PEOPLE PLAY $210.00 031419 GENUINE PARTS CO. - MPLS $806.69 031420 GOPHER SIGN CO $98.03 031421 HAMEL BUILDING CENTER $612.36 031422 HAWKINS INC. $4,462.00 031423 HENN COOP. SEED EXCHANGE $95.97 031424 HENNEPIN COUNTY INFO.TECH.DEPT $1,013.72 031425 HIGHWAY 55 RENTAL $245.06 031426 INN KAHOOTS $300.00 031427 J & B LAWN, TREE & STUMP $4,075.00 031428 KD & COMPANY $274.06 031429 LANDBORG, BETHANY $188.85 031430 MEDIACOM $84.95 031431 METRO WEST INSPECTION $13,991.70 031432 METRO.COUNCIL ENVIRO. SERVICES $13,042.83 031433 METROPOLITAN COUNCIL WASTEWTR $3,316.50 031434 MINUTEMAN PRESS $869.78 031435 MOTHERS MOTORS/LORETTO TOWING $35.00 031436 NELSON ELECTRIC MOTOR REPAIR $200.00 031437 NEUMANN, BRUCE $395.00 031438 OFFICE DEPOT $95.07 031439 OLYMPIC COMMUNICATIONS INC. $112.50 031440 ON SITE SANITATION $319.95 031441 OTTEN BROS. NURSERY $42.39 031442 PEARSON BROS., INC. $42,196.80 031443 PLYMOUTH, CITY OF $635.58 Medina City Council September 18, 2007 378 ORDER CHECKS - SEPTEMBER 18, 2007 (CONT'D) 031444 QWEST $592.11 031445 SIRCHIE FINGER PRINT LAB, INC. $12.95 031446 ST. PAUL STAMP WORKS $20.29 031447 STREICHER'S $1,000.05 031448 TALLEN & BAERTSCHI $4,707.46 031449 THEESFELD, STEVE $500.00 031450 TIME SAVER OFF SITE SEC. $319.50 031451 T-MOBILE $276.45 031452 TOTAL MECHANICAL SERVICES,INC. $2,850.00 031453 TWIN CITIES FLAG SOURCE, INC $1,454.96 031454 TWIN CITY OXYGEN $43.97 031455 TWIN CITY WATER CLINIC $40.00 031456 UNION SECURITY INS. CO. $427.59 031457 UNLIMITED SUPPLIES $30.35 031458 VALVOLINE FLEET SERVICES $222.51 031459 VERIZON WIRELESS $11.34 031460 WASTE MANAGEMENT-TC WEST $3,463.04 031461 WESTSIDE EQUIPMENT $214.00 031462 WESTSIDE WHOLESALE TIRE $81.98 031463 WSB & ASSOCIATES $3,435.00 031464 XCEL ENERGY $8,987.23 031465 XEROX CORPORATION $25.54 $230,317.51 E CHECKS & VENDOR CHECKS 94-07 PR 000081 ACCLAIM BENEFITS $809.58 000082 PR PERA $7,754.05 000083 PR FED/FICA $5,091.00 000084 PR FED/FICA $5,245.96 000085 PR MN DEFERRED COMP $1,115.00 000086 PR STATE OF MINNESOTA $2,202.58 000087 PR PERA $37.54 000088 PR FED/FICA $47.88 000089 PR FED/FICA $44.24 000090 PR STATE OF MINNESOTA $20.64 000091 FARMERS STATE BANK $20.00 000092 ACCLAIM BENEFITS-FSA DEPT $2,500.00 000093 PR PERA $76.09 031395 MINNESOTA CHILD SUPP. PYT.CTR. $537.69 031396 OFFICE OF CHILD SUPPORT ENFORC $133.85 $25,636.10 Medina City Council September 18, 2007 379 PAYROLL CHECKS - 9-4-07 020097 SMITH, CAROLYN A. $230.87 020098 CONVERSE, KEITH A $1,671.18 020099 VIEAU, CECILIA. M $1,037.56 020100 CROSBY, THOMAS M. JR. $327.07 020101 JOHNSON, DANIEL $230.87 020102 KOTTKE, DAVID E. $446.21 020103 BENETTI, TIMOTHY $233.13 020104 LEUER, GREGORY J $206.09 500757 ADAMS, CHAD M. $2,288.66 500758 SCHERER, STEVEN T $1,498.19 500759 MCGILL, CHRISTOPHER R. $1,781.05 500760 HALL, DAVID M. $1,908.21 500761 DRESSEL, ROBERT P. $1,257.24 500762 BELLAND, EDGAR J $2,502.14 500763 VIEAU, CECILIA M. $1.00 500764 DINGMANN, IVAN W $1,156.05 500765 SULANDER, LAURA L. $1,338.45 500766 BOECKER, KEVIN D $2,203.18 500767 CAVANAUGH, JOSEPH $230.87 500768 WEIR, ELIZABETH V. $230.87 500769 GREGORY, THOMAS $1,713.56 500770 NELSON, JASON $2,252.53 500771 VINCK, JOHN J. $1,329.81 500772 FINKE, DUSTIN D. $1,239.03 500773 MAROHNIC, NICHOLAS $473.69 500774 DAY, JEANNE M. $1,962.10 500775 DOMINO, CHARMANE $1,198.01 500776 WUNSCH, JODI M. $1,017.50 500777 LEUER, GREGORY J $1,514.50 500778 LANE, LINDA $1,011.95 500779 ELBERT, ANDREW D. $771.46 500780 JESSEN, JEREMIA I S $1,089.19 500781 RITTER, JAMESON M $173.20 500782 KLAERS GROTHE, ANNE $540.90 $37,066.32 Medina City Council September 18, 2007 380 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council September 18, 2007