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HomeMy Public PortalAbout09/21/04 CCM261 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 21, 2004 The City Council of Medina, Minnesota met in regular session on September 21, 2004 at 7:30 p.m. in the City Hall Chambers. Mayor Zietlow presided. I. ROLL CALL Members present: Workman, Lane, Brinkman, Zietlow and Smith. Members absent: None. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Public Works Director Jim Dillman, City Administrator Chad Adams, City Planning Consultant Sarah Schield, Police Chief Ed Be!land, and Recording Secretary Liza Weniger. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA Item F of the CONSENT AGENDA will be removed as the item has been postponed for further assessment. Item G will be added concerning a donation by the Hamel Athletic Club for the Hamel Legion Park Donor wall. Under ADMINISTRATION, agenda item number 2, "Update on September 20, 2004 Metropolitan Council Meeting = Bridgewater of Lake Medina", will be moved for discussion under OLD BUSINESS. Smith stated that she would like Council to consider an Open Forum for Mayor and Council candidates to be added as item D. under NEW BUSINESS. Moved by Workman, seconded by Smith, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the September 7, 2004 Regular Council Meeting Minutes It was noted on page 3, the fourth paragraph should include a comment by Council Member Smith that states: "Smith stated that as an option, a wood frame building could be built around a prefab metal storage building." It was noted on page 4, the first line of the third paragraph should state: "Zietlow stated that this the agenda item would be tabled..." It was noted on page 5, the first and second line of the fifth paragraph should state: "Staff sae explained that the wall would be a three-foot drop-off,..." It was noted on page 5, the last line of the tenth paragraph should state: "...problem if the City builds a curb on Morningside Road to prevent street water from flowing through neighborhood yards." Medina City Council Meeting Minutes September 21, 2004 262 It was noted on page 7, the final line of the final paragraph should state: "...and in his opinion each of the conditions have...". It was noted on page 10, the first line of the sixth paragraph should state: "Zietlow clarified this motion is to table this agenda item 'stated that the agenda was to be tablcd until the City Council meeting...". It was noted on page 10, a comment by Smith should be added to the eighth paragraph that should state: "She also asked staff to review the need for a road easement to the West." Moved by Smith, seconded by Brinkman, to approve the September 7, 2004 Regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Resolution Approving Variance for 4629 Brook Street B. Resolution Granting Conditional Use Permit to Three Rivers Park District for Shower Building at Baker Park Campground C. Approve $5,000 Donation from Hamel Rodeo for Hamel Legion Park Donor Wall D. Approve Lake Minnetonka Communications Commission 2005 Budget E. Approve Raffle Permit for Northwest Suburban Chamber of Commerce Annual Dinner for October 28, 2004 at Rolling Green Country Club G. Approve $500 Donation from Hamel Athletic Club for Hamel Legion Park Donor Wall Moved by Smith, seconded by Brinkman, to approve the amended Consent Agenda. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items Not on the Agenda Conrad Miller, 2475 Holy Name Road, stated his concern with removal of Dutch Elm trees and Canadian thistles on public properties. Miller stated that if the City did not take care of the trees and thistle, their growth would soon become out of control. Smith stated this very topic was brought up at the Medina Horse Association meeting on Monday, September 20, 2004. The discussion was about how thistles really need to be rid of in the pastures for the horses and alpacas. Miller stated that the thistles are mostly in the public ROWs. He stated that since the City's taxes are going up 13%, he would like to see better service. He requested that the Council take action. Adams stated that the 13% increase that Miller is referring to is a tax levy, not a tax rate increase. Medina's tax rate is actually decreasing, the City is bringing in more money, and therefore the residents would be paying less, hypothetically assuming everyone's market value was to remain at same amount. Zietlow asked Miller if his concern was really about weeds or taxes. Miller stated both. Zietlow explained that several years ago chemicals were used to kill weeds. Costs were very high and made little impact on Medina City Council Meeting Minutes September 21, 2004 263 weed control and may possibly cause more harm than good. Zietlow stated that the City now mows the public ROWs twice a year, and the county once a year. Zietlow stated that most Dutch Elm trees are a private property issue, as the City does not have many Dutch Elm on its public properties. Zietlow stated that studies indicate that removal of the Dutch Elm trees does not prevent disease. Zietlow clarified that only way to prevent disease is to treat trees every year. Smith confirmed she has seen Dutch Elm on City property and would like it removed. Smith asked if staff could organize an evening community educational program which would discuss how to care for trees, how to identify weeds and how to get rid of unwanted trees/weeds. Zietlow proposed the City send out information in newsletter. Lane stated staff could easily recycle information already given by the DNR on Dutch Elm Disease. Zietlow stated he would work with Dillman on removing Dutch Elm on City properties. Doug Meldrum, resident of 1395 Casio Court, stated he has questions about Wild Meadows Development project. Meldrum asked if developer has met conditions of the agreement and did City grant thirty additional bonus lots. Meldrum asked how the City validates that the developer met all conditions before granting the lots. Zietlow stated that a meeting was held in 2003 that discussed these issues. Staff has had a lot of issues resulting in quite a number of hours devoted to making sure that the developer was conforming to the development agreement. Smith stated that developer could not meet all conditions; however the City has an agreement, a letter of credit, stating that developer would not get all its money if they did not meet all conditions. Smith stated that 1.2 million dollars is at stake and parts of the monetary arrangement are released as parts of the development agreement are met and agreed upon. The letter of credit is a sure protectant for the City. Meldrum inquired as to who underwrote the letter of credit. Batty stated the developer's bank is the underwriter. Batty also stated that letter of credit must be submitted on a form acceptable to the City. Meldrum asked for clarification on whether there were any conditions that the developer may not have met, resulting in the City to tap into the letter of credit. Batty stated that the letter of credit was created simply to protect the City. Meldrum asked if Paul Robinson was the former City Administrator for Medina. Lane clarified that Robinson was the City Clerk. Meldrum asked if Robinson currently works for developer. Lane stated yes. Smith stated that she would like to say that if a development, or a group, has a problem with a developer, the most effective way to deal with the problem is to call the City and alert staff of the problems. Medina City Council Meeting Minutes September 21, 2004 264 Meldrum stated that he has been asking for the development plans and it has been taking a month to get a hold of the requested copies. Zietlow asked Meldrum if he was aware on whether there has been any homeowners training on the care of prairie yards. Meldrum stated that he is not sure. Meldrum stated that he is trying to understand the spirit of the contract that the City entered into with the developer. Zietlow stated that the validation is an ongoing process. Last year, the developer addressed the issues related to the mud coming over the road. Zietlow stated that the City would like to be made aware of any problems. B. Park Commission Adams stated that the Park Commission would have a two-part meeting in which they will meet at 6 p.m. to look at the Community Building and Donor Wall and then return to City Hall at 7:00 to continue its meeting agenda. C. Planning Commission Adams stated that the September Planning Commission meeting looked at the Walter D. Anderson building expansion as well as the Baker Park Golf Course chemical storage building. The next meeting may possibly address the Charles Cudd Co. preliminary plat and zoning, the Ryan Companies for the Target store, and the Bradley properties application. Adams stated that the Ryan and Bradley projects are subject to Sarah Shield's review. Adams introduced Sarah Shield of Landform as the Interim Planning Consultant stating that she is the designated consultant to the City of Medina and that she will be available in the City office on Wednesdays. Staff will continue to monitor her time needs in the City office. Shield will be present at all Planning Commission meetings, and likely all Council meetings. Staff has met with her already to get her familiar with existing and expected projects. VII. OLD BUSINESS A. Gramercy Club of Elm Creek — Revised Grading & Landscaping Plan Adams stated that staff received a revised set of grading and landscaping plans late Thursday, September 16, 2004. Brinkman introduced Lou Stocco of Gramercy and John Donovan from Loucks Associates. Brinkman stated that he has met with Gramercy Corporation to review Council's concern for the building and site appearance. Gramercy decided to work with architects and landscape professionals to cure the eyesore of the southwest corner. Brinkman stated that he has seen all the plans, including the original plan that called for Keystone modular rocks. Brinkman stated that he has proposed Gramercy incorporate boulder walls into the landscape design. Medina City Council Meeting Minutes September 21, 2004 265 Stocco informed Council that he has raised the grade about three to four feet. Smith stated that since Gramercy removed thousands of cubic yards of dirt and part of the hill, she expected to see boulder retaining walls around the building to take away from the appearance of a ski hill. Brinkman stated that he has not raised Smith's concern with Stocco as he thought the concentration of Council's concerns was just with the building's southwest corner. Zietlow clarified that the emphasis of Council's concern was with the southwest corner. Brinkman stated that he has been hammering Gramercy on addressing that concern. Smith inquired as to why the road is located so close to the edge of the hill, as it appears to be more than a driveway and a fire road. Stocco stated that road is a fire road intended for three homes. The road was built to City specs as a requirement by the City. He stated that the road goes all the way around the building, parallels County Road 101 and continues east all the way around the building. Stocco stated that Gramercy has added two more fire hydrants so that there are now fire hydrants around the entire building so that the fire trucks can easily access any hydrant. Stocco stated that the entire bermed area, plus the architectural landscaping along the bottom of the hill, is all landscaped with plants and trees. The trees and plantings are to drape the tops of the bermed area just as proposed from the beginning. Smith stated that she has requested that staff take pictures of the progress and further commented that what Gramercy has done on the southwest corner is lovely, however she is concerned that all she can see are a few trees that are planted on a huge slope. Discussion and debate between Zietlow, Workman, and Smith ensued over the best way to relieve the appearance of the steep hill and tall building of Gramercy. Smith stated she thought there was supposed to be a trail included as part of the landscaping. Stocco stated that there are trails beside the road that circulates around the building, on the south side between the building and to the 3 homes. There are also other trails on the west end which do connect. Stocco stated that he is willing to continue working with Brinkman on the topics of concern that were raised tonight. He stated Gramercy has same concerns that City has, and desires that its residents find the elevation along west side to be appropriate. Elizabeth Weir stated that she is concerned for the lifespan of the plantings along the top of the berms. Periods of drought tend to cause that type of landscaping to dry up and die. She stated she would like Gramercy to provide City with a five-year guarantee on plantings. She stated it would be important for her to know that plantings will be an additive along the west side and will continue to look beautiful long into the future. Stocco stated Gramercy has irrigation systems to protect its plantings from dry spells. Conrad Miller asked if the City has an ordinance for building heights. Zietlow stated that Gramercy met Medina's ordinance on building heights. Medina City Council Meeting Minutes September 21, 2004 266 Workman recommended that Gramercy does not remove any more dirt. Stocco confirmed that no more dirt would be removed. Zietlow asked Council members to approve or suggest changes to the landscape plan as a way to urge Council to move forward with the topic. He proposed to Council that if the landscape plan is not sufficient, then the items of concern need to be addressed so that Council can move forward. Workman asked Kellogg if the grading plan has changed in its entirety. Kellogg stated that the plan has changed by two feet (two feet lower), which was a yearlong process. Workman asked if this was feasible plan. Kellogg stated that staff did not see that it would really change anything as the exposure did not really change. Workman stated that the picture in minds of Council members was a lot different than what they are seeing present day. Workman stated he did not expect whole hill to be gone either. Workman asked the developer mitigate the issue the best way possible with rocks and various forms of landscaping. Stocco stated Gramercy would like to continue working with its own civil engineer, architect, boulder contractor and Councilor Brinkman. Stocco requested that Council find the plans for the west side to be acceptable so that Gramercy can continue to move forward with its work. Smith requested that Gramercy bring in pictures in the future so that Council can see the proposed changes. Smith stated that she is in favor of the southwest corner. Lane asked Stocco if there was any room for terracing in order to provide any additional breakup of the hill height. Stocco stated that site is really difficult to work with and to engineer it has also been very difficult. Lane asked if Gramercy has deferred to anyone who has more experience in terracing. Donovan of Loucks Associate asked if Council was talking about terracing between the fire lane and the road. Smith explained that area in question was between the fire lane up to the berm along the west side of the building which gives the appearance of a really large hill. Donovan stated that there is a rain garden down by the road. Zietlow stated that it was time to move the plan forward as he is hearing a consensus that the boulder wall now is acceptable. Moved by Smith, seconded by Brinkman, to approve the landscape plan as presented for the southwest corner of the Gramercy Club building and request that a revised plan be presented for the hill between the west end of the building and entrance road. Motion passed unanimously. Zietlow stated next step is for Gramercy to keep working with Brinkman on west side. Medina City Council Meeting Minutes September 21, 2004 267 B. Update on September 20, 2004 Metropolitan Council Meeting — Bridgewater of Lake Medina Adams stated that he met with the Metropolitan Council's Community Development Committee (CDC) on Monday, September 20, 2004 at 4:00 p.m. to discuss the Charles Cudd Co. Comprehensive Plan request for their project "Bridgewater at Lake Medina." Adams touched on a few items that committee discussed, including conditions of approval of Bridgewater of Lake Medina Project. Lane asked Batty if he was familiar with the requirements/conditions the CDC had placed and whether they are requiring these same conditions in other cities. Batty stated that he is not familiar with the posted conditions. Lane stated that he is not certain that any other city has been required to abide by these conditions. Smith proposed that perhaps conditions are new and have never been required in past. Adams requested discussion from Council on items 1 c and 1 d of the posted conditions for the Bridgewater Amendment. He stated that he has requested that Met Council change the wording of their conditions as a few items can be interpreted incorrectly in relation to when three units per acre must be met. Workman stated that Medina is asking for a comp plan change, and in exchange for that, Met Council is also asking for changes. He stated that it should be the City of Medina who should be making the changes and should be in control of the situation. Zietlow proposed that Medina leave the plan as is, which would prevent the City from having to meet the demands of Met Council. Smith stated that Met Council would still have control over Medina as they determine how much water and sewer the City is allocated. Shield stated that the interpretation of the comp plan illustrates the intentions of the City, which is to give the uptown Hamel area a small town appeal. Shield stated that she is aware of other cities that are butting heads with the Met Council who are forcing them to make similar changes. Adams explained the history and timing of the City's current Comprehensive Plan approval process as a reference to the upcoming 2008 Met Council deadline for Comprehensive Plan update. Lane asked Adams to explain the difference between the two dates (2008 and 2010) as discussed by the CDC. Adams stated that 2008 generally is required to involve the first set of updates, while 2010 is often viewed as a more informal completion deadline for all updates. Adams stated that the CDC states that if the City does not abide by the changes in conditions 1 c and 1 d as requested by Met Council, they will not grant sewer hookups to new developments. Adams stated the CDC demand that forty-five acres will have to be replaced elsewhere for future urban residential development, which is staff believes is unreasonable. Medina City Council Meeting Minutes September 21, 2004 268 Adams stated that he talked to Met Council staff today and they state that they will not change the condition language or requirements. Lane stated that any further dialogue should come from the City in letter format that states Met Council's conditions are unreasonable. Lane also proposed that the letter request that the City is allowed some flexibility in order to make a reasonable progress to reach the Met Council's goal. Smith stated that 2008 date for comp plan update submittal appears to be unreasonable. 2010, at a minimum, appears to be more reasonable as Corcoran just finished their comp plan change. Batty stated that proposed 2008 date may have originated from the statute adopted in the mid 1990s which called for the first comp plan change to be made by December 31, 1998, and the second reiteration of that change to be made in 2008. Smith proposed that annual plat monitoring program, as required as condition 1 a, may have been a requirement all along and that Medina may not have been providing the required paperwork. Adams stated that he believes that the Met Council would have contacted staff if they wanted paperwork to be submitted before now. Adams stated that Met Council didn't require any formal feedback as they will be making a decision on the conditions on Wednesday, September 22, 2004. Lane stated that it is important that the Met Council does not hold any projects, including the Cudd development, hostage. Smith stated that Met Council has stated that metro area needs 200,000 homes within the next ten years. There are reasons to approve the Cudd development, yet if Met Council makes it unreasonable for Medina to accept their conditions, then Medina will not be able help provide additional homes. Smith stated that Medina has much to offer in the eyes of the Met Council, therefore giving Medina a bargaining chip. Zietlow asked Council members what message they would like the letter to Met Council to convey. Workman stated that if the City of Medina does not say anything, Met Council would pass their conditions uncontested. Adams informed Council that he will be present at the meeting on Wednesday, September 22, 2004 but may not be allowed to speak. Lane proposed that Council authorize staff to prepare a letter on behalf of City Council to Met Council requesting that a reasonable condition be made that will allow Medina to commits its best efforts in complying with the three units per acre requirement. Zietlow stated that 2008 deadline is unreasonable and requested that it be changed to allow for more flexibility in the City demonstrating progress. Lane proposed that staff look at what the City has done for the last two to three years to see what efforts have been made to move in that direction. Medina City Council Meeting Minutes September 21, 2004 269 Zietlow stated that the "45 acres" of condition 1 e is totally unreasonable. Rick Denman of Charles Cudd Co., stated that it was his opinion that the Met Council needs to clarify what is expected by the 2008 deadline. Bob Leistikow of Charles Cudd Co., proposed that Adams ask Met Council to clarify the intent of their conditions. By stating how Medina's City Council has interpreted the CDC's conditions, and asking the Met Council to agree or disagree with the City's interpretation, Medina can then choose how to proceed from there. Adams stated that he has raised this issue and the CDC did not clarify. Smith proposed Council state its position respectfully on why conditions are not workable and request further clarification from Met Council on their interpretation of the conditions. Moved by Lane, seconded by Brinkman, to authorize staff to prepare a letter on behalf of the Mayor of Medina to Metropolitan Council stating the City's position to the proposed conditions. Workman asked Batty if he would need to abstain. Batty stated yes. Motion Passes 4-0-1 (Workman abstained). Smith asked Batty for his professional opinion of Medina's position. Batty stated that just as Adams stated earlier, this is the opportunity for the City to raise concerns with the conditions. The letter stating the Council's position and signed by the Mayor will carry more weight than if the letter was stating staffs position. I. NEW BUSINESS A. Resolution Accepting Feasibility Report for Mill Drive Reconstruction Adams reviewed the feasibility report prepared by BRAA requesting that Council take note that the cost estimates for the reconstruction include the costs for the power line burial. Staff is recommending acceptance of the report by resolution. Kellogg reviewed his memo and preliminary report of the street reconstruction for Mill Drive in the Hamel area. The street proposed for reconstruction is located between Hamel Road and the Hamel Legion Park. The report describes the improvements necessary for the reconstruction of the street. A detailed cost estimate is presented in the appendices while cost summaries and assessments are described in the text. Kellogg stated it was his understanding that there is existing right-of-way on bank plat. Zietlow stated that first order of business is to make a motion to approve the resolution. Moved by Workman, seconded by Smith, to approve the Resolution Accepting Feasibility Report for Mill Drive Reconstruction. Motion passed unanimously. Medina City Council Meeting Minutes September 21, 2004 270 Batty stated that 75% of the increment must be spent in the district with a 25% limit placed on spending outside of the district. Batty clarified that it is inevitable that some of the costs will be spent outside of the district. Zietlow asked if the decisions of TIF could be made in the future. Batty stated that what makes TIF so complicated is that it is a district wide test. At the end of the district, (which could be twenty-five years), a test will be performed to determine that City has not spent more than 25% of the increment outside of the district. Medina will not be required to meet the test on a year-to-year basis; however, it is just something Medina needs to keep in mind. Zietlow asked Batty if City would need to hold a public hearing. Batty stated that the assessment hearing is not until October of 2005. Batty stated that Council does not have to make a decision tonight on assessments. The goal is to make a decision that the money will be spent within the district. Batty stated that tonight's intention is to simply approve the resolution accepting the feasibility report. B. Resolution Accepting Feasibility Report for Uptown Hamel Storm Sewer Improvements Adams reviewed the feasibility report prepared by BRAA requesting that Council take note that there are a few alternatives for the design of the storm water improvements. Staff is recommending acceptance of the report by resolution. Kellogg stated that in keeping in mind Batty's earlier discussion of the 25% increment that could be spent outside of the district will weigh heavily on this project. Kellogg stated that a few things have changed over the past couple of years. Kellogg stated that Dillman had worked out a deal to build a pond near the Elm Creek Intersector in which the overall costs two years ago were in excess of $200,000. Kellogg stated feasibility report looks at two options for storm drainage system design. Kellogg reviewed the preliminary report for storm sewer and ponding improvements in Uptown Hamel. Kellogg demonstrated the two options via overhead using Storm Drainage Improvements plans. The area proposed for redevelopment is generally located north of Hamel Legion Park and south of Canadian Pacific Railway Property, between Hunter Drive and Brockton Lane. The report describes necessary storm sewer and ponding improvements to serve this area. Cost estimates for proposed improvements are presented in appendices while cost summaries are described in text. Workman asked how the land would be acquired. Kellogg stated that the land will either need to be acquired outright or though easements. Met Council won't allow for a pond within their easement. The pond will require a half acre of space. Kellogg stated 79% of estimated cost of $480,000 would be spent within TIF district. Kellogg addressed questions from Workman and Zietlow in relation to acquiring land and engineering issues. Medina City Council Meeting Minutes September 21, 2004 271 Kellogg stated that option 2 is less expensive; however only 38% of the funds would be spent within the TIF and the remaining 62% will be spent outside the TIF. Zietlow stated there are other benefits in deciding to use option 2. Zietlow proposed that if the pond is large enough, it could be used for skating and recreational use. Workman stated although he understands the importance of the TIF district, he wanted to hear Kellogg's and staff's professional preference. Kellogg stated that his personal preference would be option 1 which on paper is doable. Although option 1 is twenty thousand dollars more than option 2, staff finds it is a better option. Batty informed Council that Medina cannot spend any tax incremental money outside of the City; therefore a third option to build outside City limits would not work. Batty clarified that overall the swing may not make any difference dependent on the project across Highway 55. Workman stated that option 1 would require having to attain land from personal property which seems complex. Kellogg stated that the parcel size is two acres and the property owners would be left with one acre which is low land anyway. Batty stated that there may be a concern of an involuntary acquisition of land. Workman stated that is exactly what he would not want the City to get involved in. Workman asked what Batty needs for Council to do tonight. Batty stated staff needs Council to accept the feasibility report; however Council will need to select one of the two options before ordering plans and specs. Moved by Workman, seconded by Brinkman, to accept Resolution Accepting Feasibility Report for Uptown Hamel Storm Sewer Improvements. Motion passed unanimously. C. Concept Plan Review for a 23 Town Home Unit Development - 500 Hamel Road Adams stated that the applicant, Dave Moore, is requesting a concept plan review for a 23-unit townhouse development. The property is currently designated UC, Urban Commercial, on the City's Comprehensive Plan and Zoning Ordinance. Therefore, the applicant would need approval of a comprehensive plan amendment, rezoning, preliminary plat, final plat and variance to allow the development. Therefore, a concept plan review has been requested to receive formal comments on the proposal. Adams stated that the Planning Commission reviewed the Concept Plan at 500 Hamel Road at their September 15, 2004 meeting. Only four of seven members were present for discussion. He reminded Council that only discussion occurs on the Concept Plan review, with no votes/straw votes. Adams stated that staff has also reviewed the concept plan and has offered comments. Zietlow informed the applicant that typically Council allows for a ten minute presentation by the developer, followed by Council's providing its feedback, no votes are made and the developer takes the information from there. Typically, Council does not allow for public comments. Medina City Council Meeting Minutes September 21, 2004 272 Dave Moore, the applicant and president of Lynmore Corporation, stated that his townhome units are slab on grade. This proposed development would be his third development and typically the units are developed to accommodate paraplegics, seniors, and the general public. Moore stated his firm just finished a development in Plymouth and he personally lives in a unit. His firm is looking to purchase 8.6 acres of land and is seeking a variance for the side and front yard setbacks. The Met Council has a requirement of three units per acre of which his development would meet that requirement. Moore stated that he feels this development would be a good fit for the area. He has met previously with the City, Loren Kohnen and the land owner to look at the site. The site is currently zoned as commercial. The units are twin homes and the structural points are from the rear of the building to the garage. The recommendation for the type of soil on site would require footings every forty-two inches. Workman asked Moore if this is the best his firm could do for the density as this is a slab on grade structure. Moore stated that to build a two story structure on this type of soil would not be good. Workman asked for the square footage of the units. Moore stated that each of the units are 1,800 square feet and also have three stall garages. Smith asked for the reasoning behind the excessive three stall garages. Moore stated that the handicapped residents would need side ramps out of vehicles and a normal garage doesn't allow enough space for that. He also stated that he has found that anybody over the age of fifty coming from a 4,000 sq. ft. house doesn't throw anything away. The garages would allow for extra storage capacity. The houses will be in the $300,000 sale price range, which include many options such as granite countertops, fireplaces, and heated flooring, even including the floor in the garage. Zietlow asked what was zoned along the west side of the proposed development. Kellogg stated it is industrial. Adams reminded Council that this is a concept plan review. Moore stated that his firm has already been looking into landscaping and shrubbery. Zietlow stated there is a concern that there are two different development zones butting up against each other. Moore stated that in Plymouth, there was absolutely no opposition to this type of plan. Zietlow asked Moore if he would be able to get by without variances. Ron Brekke of John Oliver & Associates, Inc., stated that the site is unique and very difficult to work with. The site is close to the Uptown Hamel area with wetlands and a railroad in close proximity. Opting to go without a variance would depend on what the site will be rezoned as. Brekke stated that the only requirement his firm has a difficult time meeting is the thirty foot space between the buildings. Workman asked if there is any concern with the railroad tracks. Moore stated no and that his firm is looking at a special foam insulating package to protect from the railroad Medina City Council Meeting Minutes September 21, 2004 273 noise. The master bedroom and three season porch is placed at the back of the house. He stated that there is no way to fully protect the house from the noise. Smith stated that she is concerned for the parking situation. She proposed that Moore think of a creative way to come up with more parking for visitors of residents. She stated she wished the development could be more affordable, not low income housing, but homes for Medina's police and teachers so that they too can live in the community. Moore stated that it is difficult to find land that is inexpensive enough to build less expensive housing on. Workman asked if City would even need variances. Smith stated that if the City did a PUD, then a variance would not be needed. Smith stated that it was her opinion that she doesn't foresee the need for a variance if there is a good reason for it. Smith asked if this development was next to a park. Adams stated that the development is next to the proposed wetland and storm water pond. Workman stated that he is concerned about the variances. Moore stated that side setback is set at twenty feet. Smith asked if the setback was measured from the curb, further stating that Council may want to consider examining setback requirements in the future for multiple unit developments. Workman requested that developer consider installing fire sprinklers. Workman stated that residential standards do not make it very expensive to install plastic fire sprinklers. Brekke stated that other variance is a fifty foot front yard setback which is excessive. Smith stated she thinks Council may need to consider looking into a suburban development type of zoning category. Adams stated that Council needs to consider what Medina would be receiving as a benefit from the project in order to determine if the scope of the project justifies a PUD. Adams reminded Council that Medina is trying to progressively move away from PUDs as a good planning practice. Batty stated that it is his opinion that a separate zoning district should be set up. Workman asked Dillman if this development would be an additional burden to the City's water. Dillman stated no. Brekke stated that Moore has modified these buildings a lot in order to meet the needs of many different parties. He stated that Moore will not consider making the doors narrower as a wheelchair needs to have 3 1/2 feet of clearance through doors and entry points. He stated that it was his opinion that this type of development would wholeheartedly benefit Medina's Community. Workman stated that the City's rational thought would look for a natural break between residential and commercial spaces. Medina City Council Meeting Minutes September 21, 2004 274 Zietlow asked Council members if they would be okay to move ahead with the project and to do away with commercial zoning. Workman asked Council members to consider if this development was the best use of the property, the best use in the eyes of the City and if the tax base is worth it to the City. Moore informed Council that the land has been up for sale for three years. Zietlow reminded applicant and Council members that the time limit on the presentation and comments has expired and asked for any last questions. None were raised. IX. ADMINISTRATION A. Citv Administrator Report 1. Hamel Community Building — Construction and Facility Operating Plan Update Adams stated there will be a progress meeting on Wednesday, September 22, 2004. Adams stated that project may not meet the October 31, 2004 construction deadline for completion. Staff has no objections to an extension. Adams stated that he has been attending regular project meetings every two weeks to keep up to date on the progress of the project. Opening date to the general public may not be until December 2004, because more interior work by either the City, Hamel Lions, etc. will be needed for the kitchen/service area cabinets, and bench in the warming room after the project is turned over to the City. Adams stated that the Grand Opening Ceremony is planned to coincide with the Uptown Hamel Annual Skating Party in January 2005. Adams requested that volunteers contact him who would like to be involved in the planning or fundraising of the event. Workman reminded Council about fireworks for the event. Smith stated that City would still need to get funding for the fireworks. Adams stated that there would need to be a volunteer or group to raise awareness and funds as the Council is not allowed to be involved in the fundraising. Smith volunteered for the planning committee of the Grand Opening Ceremony. Adams stated staff has been active working on picking out final color selections of the building and also looking into ordering tables & chairs for the facility. Adams stated that staff was not aware that assembly room is all carpet. Staff is concerned about the maintenance of carpet based on the type of events that will be held in the building and recommends a vinyl tile composition (VCT) as a replacement. Adams stated that if Council would like to change the flooring from carpet to tile, than the change would have to be decided tonight. Zietlow proposed that the carpet stay and be evaluated in a few years in order to determine if it needs to be replaced or adapted later. Smith asked Adams for the cost of the carpet. Adams stated that if the carpet could be changed out, a credit may be used towards the vinyl. Medina City Council Meeting Minutes September 21, 2004 275 Workman proposed that the City stay with the carpet. Brinkman asked if the Lions were the concerned party who raised the carpet issue. Adams stated that staff was the party who noted the concern. Adams stated that he does not detect a consensus to change the carpet and will keep plan as is. Adams stated that the City has had one change order, but it has resulted in a credit to the project. The City may receive another credit in coming weeks. Adams stated staff has received two RFP's for Operation of the facility. Staff is contacting both parties to receive additional information regarding their proposals. He plans to have some discussion on proposals at October 5, 2004 Council meeting. Adams stated that he has made a few revisions to the Operating Policy & Rates that will need to be discussed during the October 5, 2004 Council meeting. Adams stated that he is still trying to receive some more information from a few other local facilities. The Agent selected to operate the facility may desire to have some input on the final rates, as it may affect their proposals. 2. Hamel Fire Protection Adams stated there are continued plans to discuss and finalize the contract with Hamel Fire department. Adams proposed to solicit an eventual RFP for an audit to help the City with future budget review. Workman asked if the City would have to pay for the audit. Adams state the City may pay for a share out of the 2005 budget and Corcoran would also participate. Lane clarified that there is a provision in the contract that states there can be a request for Such an audit. Zietlow asked if Adams needed a motion. Adams stated no. Smith asked if it would be wise for the City to request that periodic audits be performed. Adams stated yes. X. APPROVAL TO PAY THE BILLS Moved by Smith, seconded by Workman, to approve the bills, order check numbers 026986-027033 for $229,194.27 and payroll check numbers 018868-018886 for $25, 875.82. Motion passed unanimously. Xl. ADJOURN Moved by Workman, seconded by Smith, to adjourn the meeting at 10:10 p.m. Motion passed unanimously. Medina City Council Meeting Minutes September 21, 2004 276 PhiK. ZietloGl, Mayor Attest: �..� mil. /-lam.✓ Chad M. Adams, City Administrator Medina City Council Meeting Minutes September 21, 2004 0 0 026986 026987 026988 026989 026990 026991 026992 026993 026994 026995 026996 026997 026998 026999 027000 027001 027002 027003 027004 027005 027006 027007 027008 027009 027010 027011 027012 ORDER CHECKS - SEPTEMBER 21, 2004 ALLEGRA PRINT & IMAGING $577.02 AMERIPRIDE LINEN & APPAREL S VC $101.04 ANDERSEN, EARL F $667.24 AWWA $67.00 BIFF'S INC. $389.82 BUFFALO BITUMINOUS $26,457.39 CIPHER LABORATORIES $924.95 CULLIGAN $50.69 E-Z-RECYCLING $3,152.28 EBERT CONST $153,572.25 ELAN FINANCIAL SERVICE $1,037.60 EXXONMOBIL $61.99 FORTIN HARDWARE $52.84 FRONT IBR $58.59 GALLS, INC. $83.81 GENUINE PARTS CO. - MPLS $12.76 GLENWOOD INGLEWOOD $141.30 GOPHER STATE ONE CALL $299.00 GRAINGER $165.40 HAWKINS INC $4,254.56 HENN COOP. SEED EXCHANGE $48.94 HENNEPIN COUNTY ATTORNEYS OFF $294.80 HENNEPIN COUNTY INFO.TECH.DEPT $366.45 KAYSER, MICHAEL $32.11 KEEPRS, INC./CY'S UNIFORMS $23.95 KELLY'S WRECKER SERVICE $75.00 LAKE BUSINESS SUPPLY $6.97 027013 LEAGUE OF MN CITIES, FIN. DEPT $3,267.00 027014 MARTIN MARIETTA MATERIALS $696.71 027015 MEDICA $380.20 027016 METRO WEST INSPECTION $8,048.00 027017 METRO.COUNCIL ENVIRO. SERVICES $12,622.80 027018 MIKE'S FIX -IT $612.08 027019 MINNEAPOLIS DEPT.HEALTH&FAMILY $136.00 027020 MINNESOTA, STATE OF $147.40 027021 OFFICE SUPPLY CONNECTION $280.10 027022 PLYMOUTH, CITY OF $425.74 027023 QWEST $110.76 027024 REYNOLDS WELDING $28.72 027025 SCHARBER & SONS, INC. $370.19 027026 STREICHER'S $886.51 027027 SUNBURST LAWN & SNOW $1,810.50 027028 TRI STATE PUMP $210.00 027029 TWIN CITY WATER CLINIC $60.00 027030 UNIFORMS UNLIMIIED $34.18 027031 VERIZON WIRELESS $10.13 027032 XCEL ENERGY $6,039.19 027033 XEROX CORPORATION $42.31 $229,194.27 277 278 PAYROLL CHECKS - SEPTEMBER 20, 2004 018868 CHAFFINS, GARY S $871.95 018869 ADAMS, CHAD M. $1,786.96 018870 SCHERER, STEVEN T. $1,175.61 018871 MCGILL, CHRISTOPHER R. $1,465.32 018872 HALL, DAVID M. $1,654.53 018873 DILLMAN, JAMES D $1,790.18 018874 DRESSEL, ROBERT P. $1,110.82 018875 BELLAND, EDGAR J $2,189.87 018876 CONVERSE, KEITH A $1,156.26 018877 VIEAU, CECILIA M. $1,165.01 018878 DINGMANN, IVAN W $1,102.26 018879 SULANDER, LAURA L. $1,155.21 018880 LARSON, SANDRA L $1,155.44 018881 BOECKER, KEVIN D $1,454.30 018882 DOTY, JOSHUA F $1,248.56 018883 GREGORY, THOMAS $1,573.47 018884 GRASSMAN, MICHELLE L $299.27 018885 NELSON, JASON $2,223.03 018886 THUL, JEFFREY P. $1,297.77 $25,875.82