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HomeMy Public PortalAbout12-07-2021 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 7, 2021 The City Council of Medina, Minnesota met in regular session on December7, 2021 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. Martin read a statement explaining that the meeting is being held in a virtual format due to the ongoing pandemic and provided instructions for public participation. I. ROLL CALL Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. Members absent: None. Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi Gallup, City Attorney Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police Jason Nelson. II. PLEDGE OF ALLEGIANCE (7:02 p.m.) III. ADDITIONS TO THE AGENDA (7:03 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:03 p.m.) A. Approval of the November 16, 2021 Regular City Council Meeting Minutes Martin stated that prior to the meeting, Johnson distributed proposed changes for incorporation as submitted by herself and Cavanaugh. Albers noted on page three, line 35, it should state, "...development of for residential." Moved by Martin, seconded by Albers, to approve the November 16, 2021 regular City Council meeting minutes as amended. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye • Motion passed unanimously. V. CONSENT AGENDA (7:04 p.m.) A. Approve LMCIT Liability Insurance Renewal Waiver B. Approve 2022 Kennedy and Graven Rates C. Approve 2022 WSB Rates Medina CityCounal Meeting Minutes December 7.2021 1 D. Adopt Resolution 2021-84 Establishing Polling Places for 2022 E. Approve 2022 Tobacco License Renewals Moved by Cavanaugh, seconded by Reid, to approve the consent agenda. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. VI. COMMENTS (7:06 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Park Commission will meet the following week to consider park goals, Park Commission terms, the Lakeshore Park survey, and reviewed the asset inventory document. He noted that it will be the last meeting for Commissioner Steve Lee. Martin expressed thanks for the great work Commissioner Lee has done on the Park Commission. C. Planning Commission Finke reported that the Planning Commission will meet the following week to hold a public hearing to review the rooftop elements ordinance. VII. NEW BUSINESS A. 2022 Budget (7:08 p.m.) 1. Budget and Tax Levv Presentation — Public Comment Johnson stated that staff is recommending a budget of $5,742,058 and total levy of $4,980,597. He noted the recommended budget is consistent with the preliminary budget adopted on September rh. He thanked the Council for its leadership and Barnhart and Department Heads for their excellent work. Barnhart stated that there have been several detailed, in-depth discussions between the Council and staff as this process began in June. She stated that a preliminary budget was set in September and highlighted a few of the minor changes that have been made since that time that have a positive impact on the budget and levy. She noted that reductions to line items and savings from other items that came in under anticipated amounts were moved to a future fire facility. She provided additional details on staffing changes and related wage adjustments. She noted that health insurance increases will be split between the City and employees. She stated that Public Safety continues to be the largest portion of the budget. She stated that the property tax levy contributes to the majority of the general fund and highlighted the other sources of revenue for the City. She provided comparison information from other municipalities based on the preliminary Medina City Council Meeting Minutes December 7.2021 2 budgets adopted in September. She stated that Medina falls in a favorable spot in comparison to the neighboring cities. She stated that they are seeing much higher market values, noting a 6.9 percent market value increase. She questioned how long the market value can increase at this rate. She provided examples of tax increases or decreases a home would see depending upon the percentage of change in market value. She explained how property taxes are allocated between the different entities. She stated that the utility rate analysis from 2018 was updated and it was determined that a zero percent increase is reasonable for sewer and water, and a three percent increase would continue to be proposed for stormwater. She advised of some of the outside funding opportunities and collaboration efforts the City participates in with other entities. DesLauriers thanked staff for the great presentation and a well-done budget. He commented that it was great to see Medina with the third lowest taxes per capita. He referenced the fire fund contributions noting that he did not see any slides for the special reserve fund and asked where that information would be found. Barnhart replied that the funds for the future fire facility are shown in attachment A, on line 38. She explained that the item is included within the general fund of the budget for 2022. She provided options on how those funds can be marked during 2022. Albers commended Barnhart for the thorough report and presentation. He commended staff for keeping the rate flat this year, as that is great for the citizens in 2022. Cavanaugh commented that this presentation is just a fraction of the work staff has put into this and appreciated the effort of staff. Reid echoed the compliments to Barnhart and staff. 2. Resolution 2021-81 Approving 2022 Final Tax Levy Moved by Reid, seconded by DesLauriers, to Adopt Resolution Approving the 2022 Final Tax Levy. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. 3. Resolution 2021-82 Approving 2022 Final Budget Moved by Reid, seconded by DesLauriers, to Adopt Resolution Approving the 2022 Final Budget. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Medina City Counai Meeting Minutes December 7, 2021 3 Reid aye Martin aye Motion passed unanimously. B. Ordinance 681 Adopting an Amended Fee Schedule — Public Hearing (7:30 p.m.) Johnson highlighted the main change to the fee schedule, shown on page two, related to penalties for unauthorized fire hydrant use. Barnhart noted that the other main item of note was related to the Hamel community building. She advised that the deposit requirement for weekend rentals has been increased. Albers referenced the peddler/solicitor/transient merchant application fee. He stated that fee seems pretty low and asked if that should be increased. He referenced the radio transmitter fees and asked if that relates to replacement. Scherer replied that is the actual increase in price for the purchase of meters and radio transmitters. Johnson stated that some fees are set by the State and asked for legal counsel to opine. Anderson stated that typically cities would have the discretion to enact and adopt fees that are commensurate with the administrative cost of issuing such permits. He would assume that the application cost is meant to address the staff time to complete background checks and process applications. Johnson confirmed that the fees are set in an attempt to be commensurate with the associated staff time. Barnhart commented that the fee could be adjusted if desired. She stated that one hour of administrative staff time would have a cost of $70. She stated that the item could be adjusted to be in line with the cost of staff time. She commented that the peddler/solicitor/transient merchant application is one of the more time-consuming applications for administration and therefore she would support increasing the cost. Martin asked if an appropriate cost would be $150 for an application and $250 for more extensive background checks. Barnhart asked if the price for a more extensive background check would need to be specified in the fee schedule or could be determined whether there is more extensive work needing to be done. Anderson stated that perhaps Nelson could provide additional input on the amount of staff time spent on extensive background checks. He stated that they could also specify an average cost for the fee schedule. Martin agreed that she would prefer to have a basic fee rather than using a range to be determined. Medina CityCounal Meeting Minutes December 7, 2021 4 Nelson estimated that one to three hours, or more, is spent on the application depending on the work needed. He suggested $150 to $250 in order to cover those costs of staff time. Reid stated in her experience the most nuisance peddlers are the tree and roofing people. She stated that if she tells the peddler they need to have a permit, they move to the next house, and she did not anticipate that they actually obtain a permit. She commented that it is difficult to enforce. Martin suggested that the peddler/solicitor/transient merchant application fee be increased to $150, and up to $250 if an extensive background check is needed. She confirmed consensus of the Council with that change. Cavanaugh asked if there is a fine imposed for those that complete that activity without a license. Nelson commented that there is a fine associated as specified in ordinance. He stated that the City has a zero tolerance on this policy. He encouraged all residents to report those peddling or solicitating without a license. Martin opened the public hearing. No comments. Martin closed the public hearing. Moved by Martin, seconded by DesLauriers, to Adopt Ordinance Adopting an Amended Fee Schedule with the noted change to increase the peddler/solicitor/transient merchant application fee to $150 and up to $250 if an extensive background check is needed. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. 1. Resolution 2021-83 Authorizing Publication of Ordinance 681 by Title Summary Moved by Martin, seconded by DesLauriers, to Adopt Resolution Authorizing Publication of Ordinance by Title and Summary. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Medina City Council Meeting Minutes December 7.2021 5 Martin aye Motion passed unanimously. C. BPS Properties, LLC — 4250.4292 Arrowhead Drive — Marsh Pointe Preserve - PUD Concept Plan (7:46 p.m.) Johnson stated that this proposal is for a 30 unit detached villa development. He stated that most of the subject property is within the wetland area and there are 12.6 net acres once the wetland and boundaries are removed. Finke reviewed the adjacent development and land uses. He stated that the trail location has been updated to run behind block 2 in response to a comment from the Park Commission. He stated that the applicant intends to sell the developed lots to Charles Cudd to construct the homes throughout the development and provided photographs of similar types of homes. He stated that the property is guided for low density residential which has two to three units per acre and noted that the proposed development falls within that range. He reviewed the related lot size and setback requirements for R-1. He noted that the R-2 designation allows for smaller lots and reduced setbacks. He stated that R-2 can be used to cluster development and protect natural resources. He stated that the applicant proposes a PUD largely fashioned after the R-2 zoning regulations. He stated that the applicant proposes a PUD or R-2 zoning because the depth of the wetland only provides for a single loaded roadway in many places throughout the development. He noted that the applicant has stated that the PUD would result in single level development which would likely be preferable to the two-story homes that would likely result under R-1 zoning. He stated that the proposed development would exceed the maximum length and number of homes for a cul-de-sac but noted that there are not many other options as there is not another way to loop or connect the street. He stated that the PUD would allow a method to address that challenge. He provided additional details related to transportation. Martin suggested that the Council provide input on lot size and site layout. Cavanaugh asked if the proposed trail would go behind block two, lots one, two and three. Finke replied that the first page of the report shows the updated trail alignment. He stated that the Park Commission preferred that alignment in order to avoid additional driveway crossings. Martin asked how the trail would reach the preserve. Finke identified the path of the trail on the sketch. Martin asked where the parking would be for access to the park area. Finke identified the proposed parking. He stated that staff visited the site today and a few significant trees would need to be removed. He stated that there is a potential benefit of opening the preserve to the public through the parking. Cavanaugh commented that he does not see the tot lot or parking that were previously shown near lot 3, block 2. Medina City Council Meeting Minutes December 7, 2021 6 Finke replied that the tot lot would be located west of lot one. He stated that there is street parking in that area and dedicated spots would not be identified on this concept. Cavanaugh asked if the first concept plan included those additional parking spots. Finke replied that those parking spots were intended for the trail head and have been shifted to Medina Lake Preserve, rather than on the private property. Cavanaugh commented that he believes it would make sense to have additional parking, if possible. He asked if there would be an option to push the northern trail on the north side of lot 1, block 1 to avoid the intersection and driveway. He noted that would provide more of a trail experience compared to a sidewalk. Finke replied that if the lot exists, it would be difficult to squeeze the trail corridor through that location because of the existing stormwater location. He stated that a turnaround could be incorporated with the driveway to minimize the conflict with the trail. Cavanaugh asked if the ponding could be pushed into the pie shaped land area and whether lot 1, block 1 could be shifted to accommodate for the trail. Finke replied that there is a pond proposed in that area. He noted that the watermain also runs under the existing roadway. Albers referenced the curve in the road which takes the development near Bridgewater. He asked the distance from the road to Bridgewater. Finke replied that the trail would be a few feet from the bottom of the retaining wall and then there would be a boulevard between the trail and roadway. He estimated seven feet between the wall and roadway, confirmed that the retaining wall would be new. Albers asked what exists in that area currently to provide buffer between the properties. Finke stated that some of the tree line on the aerial photo on the Bridgewater side may have been impacted when those homes were constructed. He was unsure the number of significant trees along that property lines. He commented that most of the existing vegetation most likely lies south of the property line and would be impacted by the wall. Martin stated that she was also concemed with the proximity of the road to the existing homes in Bridgewater. She asked the visual impact for the proposed roadway to the existing Bridgewater homes. Finke replied that the grade in Bridgewater is higher and therefore the roadway would be below grade from the homes. Reid commented that this is a very creative use of a difficult property. Her only comment was related to the proximity of the roadway to the Bridgewater homes. She believed that single story homes were an advantage for this development. DesLauriers shared the opinion with the proximity of the road to the four Bridgewater homes. He asked the height of the retaining wall and whether it would be a safety hazard. Medina City Council Meeting Minutes December 7, 2021 7 Finke commented that the wall is near ten feet at its highest point and therefore would need a fence. Stremel agreed that the highest point of the wall is ten feet tall and therefore a safety fence would be required on the wall. DesLauriers commented that there would then be a ten -foot landscaping wall and four - foot fence on the wall which would impact the views of the adjacent Bridgewater homes. Finke commented that the homes to the north would see the fence but would not see the wall. DesLauriers stated that he struggles with the side setbacks and asked if the applicant proposes 7.5 feet between the homes. Finke replied that is the correct setback as proposed, which aligns with the R-2 requirement. He clarified that the side setback would be 7.5 between the home and lot for a total of 15 feet between structures. Martin commented that it seems close to have a side setback of 7.5 feet. She asked the side setback of the homes near the golf course. Finke believed that the distance between those structures is 14 feet. Cavanaugh commented that this proposal would then have 15 feet whereas the homes near the golf course have one less foot between structures. Martin summarized the comments of the Council noting the concern with the roadway proximity to the Bridgewater homes and the impact of the retaining wall and safety fence on adjacent properties. She stated that she would like to better understand the visual from the backyard of the Bridgewater properties. She also summarized the comments related to the trail alignment and the desire for parking spaces that is less impactful to trees. She welcomed comments related to architecture. Cavanaugh commented that he is excited to see Charles Cudd would be the builder and he believed they would do an excellent job. Reid agreed that she also has confidence in Charles Cudd and believed this would be a lovely development. Martin echoed the comments about having a high regard for the Charles Cudd products. She noted that Charles Cudd is not linked to this development yet and therefore she would like to see architectural requirements infused into the development agreement. She commented that the elevations presented suggest a number of trees behind the homes, which there are not. She encouraged more developed landscaping such as more, or larger trees. She stated that she would also like to see something distinct and different from what Charles Cudd has done in other Medina developments. She asked if the Fire Marshal has commented on the cul-de-sac length. Finke noted that there were not comments to that regard as it is unavoidable on this property. He noted that comments were received related to hydrant locations. He provided details related to tree preservation and noted that most of the trees on the site Medina CityCouncil Meeting Minutes December 7, 2021 8 were planted as landscaping by the four homes on the site. He stated that the applicant proposes that the planted trees be discounted from the tree preservation requirements. He noted that the intent would be to landscape and plant as many trees as possible on the site and forte remainder to be considered waived through a contribution to the City's related fund. DesLauriers commented that he has never heard a distinction between natural trees or trees planted. Finke stated that the tree preservation provides flexibility for trees planted by the property owner. He provided an example when that clause was used in the past. DesLauriers commented that it seems like a lot to remove those trees. He commented that it would be great to keep some of those trees if possible. Reid commented that she would prefer to have as few trees removed as possible. She stated that she would also encourage more trees to be planted in the backs of the homes as there are not many natural trees in those areas currently. Albers commented that he struggles with the definition of a tree and discounting trees that were planted in the 1980s. He commented that although the tree was planted, it would also provide screening if it were adjacent to the existing Bridgewater homes. He asked if 261 trees would be proposed for the waiver. Finke confirmed that number is correct. He stated that inch per inch replacement would be required, therefore that would be significant. Martin asked if there is an existing condition report on the trees within the plans. She commented on the trees proposed for removal within the plans and asked if there is a way the road could be moved to save some of the trees along the boundary and reduce the impact to the neighboring properties. She commented that this plan seems tight and overreaching. She noted that there was a horrible loss of trees with the lots on the north side of the golf villa development and believed something could be done to reduce the impact to trees. Albers commented that the waiver request would be a significant concession. He stated that perhaps the Council should review that ordinance in the future to further discuss natural trees versus planted trees. Martin commented that when the trees marked in red and black are removed, the result is another development with very little trees. She referenced the minimum landscaping requirements and asked for clarification on the buffer line. Finke provided additional details noting that the buffer line is more of a landscaping feel rather than screening. Martin asked if the retaining wall would impact the root system of trees on the other side of the property line. She asked if the Bridgewater side would experience a loss of trees because of the retaining wall. Medina City Council Meeting Minutes December 7, 2021 9 Finke replied that generally the City would expect that any disturbance within the drip line of trees would have impact to the trees and therefore would be counted as lost trees even if they are not physically removed. Martin stated that she would like to find out more details. She stated that if activity on adjacent property killed a tree on her property, she would be upset. Finke commented that this site is important within the City's parks and trails planning document, therefore a number of improvements are identified within the site including the trail connecting Arrowhead to the preserve along with the Diamond Lake Regional Trail (DLRT) route. He noted that ultimately a boardwalk connection would be proposed across the large wetland to the south. He noted that the parks plan also identifies parking for the trail head on the east side. He stated that the applicant also proposes a privately maintained park for small children on the north side of the roadway. He stated that the original trail followed the road for the entirety of the site, but the Park Commission desired to have less conflict between the trail and driveways, therefore the trail has been relocated. DesLauriers commented that he agrees with the importance of connection between the different areas. Albers referenced the concept of parking for the trailhead connection and noted that he would not want to see trees removed to do so. He asked how large the parking area would need to be. Scherer believed that six stalls were desired. He believed that removing the brush and tree in that area would open up the park for people to see and would also make the area more inviting. He commented that he is not worried with tree removal for the parking because of the heavily wooded five acres. Finke commented that the park at Fields of Medina has 16 to 20 spaces and therefore staff believed six spaces would be adequate for public use. Reid commented that there are other ways to access the preserve. Cavanaugh stated that he would prefer to have the trail constructed now rather than waiting. He stated that other cities have had trails dead-end at wetlands and installed a mini boardwalk into the wetland. He commented that it would be nice to see a feature of that nature but recognized that perhaps the boardwalk element is not the responsibility of the developer. Finke stated that a PUD has a high level of discretion and should serve the goals and objectives of the Comprehensive Plan. Martin asked how many lots the property would yield under R-1 standards. Finke commented that 25 units would be required to meet the minimum density requirements. He noted that 30 lots are proposed in this development. Martin commented that she would like to hear from the developer as to what the City would receive in return for the flexibility requested under a PUD. Medina CityCoundl Meeting Minutes December 7, 2021 10 Tara Toolan, 4478 Bluebell Trail S, stated that the developer was kind enough to visit her home the previous week to discuss his plans. She stated that the developer indicated that the public trail had been moved, which was concerning to her as it would now run along her property line. She asked if the trail location is set in stone and whether it would run adjacent to the Bridgewater properties. Martin commented that these plans are not set in stone and explained that this is the first presentation from the developer to the City. She stated that the Parks Commission believed it would be safer to realign the trail to run behind the properties to avoid conflict with driveways. Toolan stated that this proposal would include a retaining wall, fence, trail, and the street behind the existing homes. She stated that she would not prefer to walk behind homes in people's backyards. She asked if the trail could be put towards the south where the marsh view would be available to those on the trail. She acknowledged that would impact the proposed homes but had a hard time imagining how a trail would fit between backyards of properties. She stated that she has three young children and a dog and would be concerned with their safety if a public trail ran along her backyard. She stated that the developer was kind enough to mention that he would be willing to work with them related to trees. She stated that her view has been of the marsh, and it would be changed to 30 homes and a public trail. She stated that they chose this property for the views and to not be in a dense area. She commented that there is so much beautiful land and was unsure why an area with four homes would need to become 30 homes. She commented that these would be expensive homes and was unsure why they would be condensed into a tiny area adjacent to train tracks and then adding a public trail through the properties. She commented that there is an open space meant for a park and noted that through her discussion with the developer it was stated that the park would be for the residents of the development and for the enjoyment of those using the public trail. She asked if that would then become a public park, noting that she would have a concern with safety and privacy. She asked who would help her maintain privacy and safety from the trail and public park. Martin commented that there could be a long discussion on the zoning ordinance, density and development. She noted that this property could be developed fairly easily for multi -family residential the way it is currently zoned. She stated that the Council would need to determine if this property should be developed under a PUD in return for favorable attributes for the residents of the City. She commented that the City has to designate a certain percentage of land for development, and higher density development. She stated that in this review the Council is mindful of the existing neighbors, noting the concern the Council expressed with the impact the road would have on adjacent properties. She commented that it was generous of the developer to say those using the trail could use the park, but it is being developed as an amenity for the residents in the development. Scherer stated that City funds would not be used for a park and the developer has stated that the park he would create would be available for use by those on the trail. Anderson noted that the park would not be deeded to the City and would remain on private property, most likely owned by the HOA for the development. He stated that the HOA would have the right to preclude others from using the park, if desired. Medina City Counal Meeting Minutes December 7, 2021 11 Toolan stated that if the park is intended to be maintained by the HOA and only for those residents, would there be a responsibility to gate in the park. She noted that if the park is along a public trail, ft would be difficult to negotiate a child away from the play structures. Anderson commented practically speaking it would be difficult and unlikely for an HOA to enforce private use of the park along a public trail. He commented that it would not be a City park and the City would have little control over the park should there be issues. Martin commented that perhaps the developer should consider segregating the tot lot away from the trail and moving it to another location. She stated that perhaps that is considered as part of the discussion as to whether the road should be relocated to minimize impacts to the Bridgewater properties. George Stickney, developer, thanked the Council for its feedback. He stated that he completed a market analysis for the first of the four homes on the site. He commented that there were no trees on the site when that property owner moved to the property in 1994. He stated that the proposed road would go directly through the areas where the homes are currently constructed. He commented that as a developer he will not become involved unless he believes that he could make it the best possible for the property. He stated that the villa homes would be a perfect fit for the property. He noted that each lot would be 68 to 70 feet wide. He noted that there are other homes in the area that have 60 -foot lots. He commented that he has created some of the nicest properties. Martin asked the developer to address some of the questions the Council had with the proposal. Rick Osberg, developer, commented that the trail parking was originally proposed in a different location but was moved under the guidance and comments received. He also provided details on the comments from the Park Commission related to avoiding conflicts between the trail and driveways. He stated that he has been to the site on two occasions in the past week to walk the property line and review the tree locations. He commented that in his opinion the row of trees along the property line are undesirable and unhealthy. He stated that they would prefer to speak with the residents that would be along the property line to better sculpt that area. He stated that the roadway needs to be lowered in elevation by five feet because of the grading efforts they would undergo to avoid wetland impacts. He stated that there is almost no impact to the wetlands throughout the development. He stated that the residents to the north would not see the wall and would only see the decorative safety fencing atop the wall. He stated that they have taken a great efforttowards finding other alignments, but it was challenging to find a more opportune alignment. Martin asked the intent of outlot E. Osberg commented that outlot E would encompass the wetland, buffer areas, and delineation. Martin asked if there has been consideration to dropping the back two lots. Osberg commented that had been considered but that is not the portion of the side with grading challenges. Medina City Council Meeting Minutes December 7, 2021 12 Martin asked if the road could come south from Arrowhead and be in the front of the first three or four homes, then winding north to create a divided area. Osberg commented that could be explored. He commented that having the roadway on that side would provide challenges to the wetland and would still have the same elevation. He commented that much of the grade comes through the walkout elevation of the homes. He commented that the tree inventory report does not address the health and condition of the trees. He stated that while there are a number of significant trees identified, the species and health lower the condition of what is seen. He stated that there are some nice trees that would not be able to be saved, but most of the trees are not even species that could be replanted such as ash and boxelder. Stickney commented that originally, he designed the property with a roundabout to have 38 lots, but he reduced that number. He commented that the homes are angled to have views of the wetlands to the north and east rather than at the other homes. He stated that when he met with the resident that spoke earlier, he discussed removing the three boxelders on their property and planting a better species of tree. He noted that he has met with many other Bridgewater residents to discuss what he could do. He noted that some of the property owners would allow him to plant additional trees on their properties as well to add more screening. He stated that he would work towards improving the quality of trees. He stated that he could remove the park if that is the desire but noted that his park was meant to be an amenity and not an eyesore. He stated that he would not want to pursue a development that neighbors felt were negative and that is why he interacts with all of the neighboring property owners to ensure the project is desirable for all parties. He commented that he would plant additional trees to provide privacy between the backyards and trail. He commented on the change in grade between the Bridgewater properties and the trail, noting that many of the Bridgewater properties would not see the trail. He stated that after the Park Commission meeting, everyone seemed happy with the changed trail alignment. Brian Lorenz, 4484 Bluebell Trail South, commented that he is concemed that this project would have an impact on the privacy for their development. He acknowledged that this development would be nice, but it would change the rural character to a more suburban character. He stated that they currently enjoy the view of the marsh which would become a view of homes. Martin asked if the resident would be amenable to work with the developer to landscape Lorenzes' side of the property line to enhance their privacy. Lorenz stated that if the development is going to happen, that would be a great idea. He stated that there is space to do that work in his yard. Martin noted that at some point land is developable. She explained that this type of requirement provides an opportunity to reap public benefit and benefit adjacent properties. She acknowledged that it can be difficult to be a homeowner in the first development when other developments will follow on adjacent property. She stated that this developer is willing to work with adjacent property owners to enhance their privacy, while others may not be willing to do so. Anderson noted that offsite improvements proposed should be included in the PUD/development agreement and they would want to ensure that access to the Bridgewater properties to complete those improvements should also be verified. Medina City Council Meeting Minutes December 7, 2021 13 Martin suggested that the developer and adjacent neighbors work together to create a plan that would minimize impacts on those adjacent properties. Martin briefly recessed the meeting at 9:31 p.m. Martin reconvened the meeting at 9:36 p.m. D. 342 Hamel Road — Hamel Townhomes LLC — Concept Plan (9:36 p.m.) Johnson stated that the applicant requested a concept plan review for a 30 -unit townhome development on the property located at 342 Hamel Road. DesLauriers recused himself from this discussion. Sparks identified the subject property which is slightly over two acres in size. He stated that the 30 townhome units would be a mix of three- and four -bedroom units, split between five buildings. He stated that the site is zoned Uptown Hamel which specifies a density between four and 15 units per acre and advised that this property falls within that range. He reviewed the adjacent land uses and zoning. He reviewed the relative zoning regulations and how the request would meet those regulations. He highlighted the staff comments related to the drive lane, connectivity, stormwater management, tree preservation and replacement, and landscaping and lighting plans. He provided the renderings of the proposed buildings and related potential floorplans. He stated that this request was heard by the Planning Commission and noted that some members believed this plan was a misalignment with the Uptown Hamel zoning district and did not prefer this development for the site. He stated that it was also mentioned that this density would not be preferred for the site. He stated that more parking may also be necessary in order to accommodate three- and four -bedroom units. He stated that the comment was also made that this development feels isolated and lacks connectivity. He stated that if the Council did not feel that this type of development is a fit for the Uptown Hamel zoning district, staff would recommend a moratorium on development in order for specific standards to be created for that zoning district. He noted that currently the Uptown Hamel district does not have a lot of specificity in its standards. Martin suggested that they begin with the vision for Uptown Hamel. She stated that she has no issue with townhomes along Hamel Road that would have significant density. She stated that her focus is on the storefront, which would be the buildings adjacent to Hamel Road, and how that would look to passersby. She stated that the homes on the front should have architectural significance and acknowledged that the homes in the back of the development would not need to mirror that look. Albers stated that there are twin homes down the road from this location and therefore did not believe townhomes would be problematic for this site. He commented that this does feel dense but understands why this number of homes would be proposed. He also expressed concem with the storefront and the vision for the units facing Hamel Road. Reid commented that she intensely dislikes this plan as she believes that the density is too high. She commented that the only grass the development has is a small strip in the backyards. She believed that the look and feel of the development would need to be more suitable to fit in with the area, such as wood windows and doors. She commented that a little roof with pillars does not create a front porch. She stated that she could Medina City Council Meeting Minutes December 7, 2021 14 support a townhome development on the parcel but would want additional greenspace, a design that better flts with Uptown Hamel, and actual front porches. Cavanaugh commented that he owns a property three doors down from this development and asked if the City Attorney would see a conflict of interest. Anderson commented that he did not see a legal conflict of interest. Cavanaugh commented that he would be okay with a townhome concept but would agree that the storefront would need to be reworked to fit within Uptown Hamel. He commented that the density is something that will help the rest of Uptown Hamel develop. He stated that if the intent is to bring in business, this type of development would provide users for businesses. Martin confirmed the consensus of the Council to proceed in a review of a townhome concept. She referenced the building setbacks and noted that this development would propose a front setback of five feet and side setback of eight feet. She asked if those would be acceptable with City Code. Sparks confirmed that those setbacks would comply. Martin commented that the developer proposes 30 units, and the density range would allow between 9 and 32 units. She commented that even though the density in on the high end, it is within that range. She commented that the largest concem seems to be with the architectural design. Reid commented that the building looks too modem, and the windows and doors look very modem. She stated that the shape of the building is fine, but more effort would need to be made for the development to fit within Uptown Hamel. She agreed that the more developed designs could be on the street facing units. She noted that she would want to see an actual front porch as well. Martin commented that the Council would like to see enhancements on the street facing units, along with views that would be exposed to other outward facing units. She stated that porches adjacent to Hamel Road are preferred. She asked if it would make sense to include more open space in the interior for a playground, gathering space, or common amenities. She commented on neighborhoods where front porches have been incorporated and are successful. She believed that the design should follow a modern farm or turn of the century look, which would provide a feeling of age that is missing from this development. She commented that this seems to fall under the category of 1980s development, which does not fit well with Uptown Hamel. Albers stated that when he thinks of what Uptown Hamel might look and feel like, he would think of the row homes proposed for Weston Woods. He stated that those homes had a lot of character in the front. He stated that perhaps the developer could use that as a model to provide the unique character feel the City is attempting to create for Uptown Hamel. Cavanaugh commented that if he were to think of Uptown Hamel, his suggestion would be to look at rowhomes in Saint Louis Park next to Home Depot. He believed that this development could help to set the tone for the development in the area. Medina City Council Meeting Minutes December 7, 2021 15 Martin commented that the west elevation would be quite visible from Hamel Road as ft is adjacent to the wetland and therefore that side should also be given consideration. She asked if street parking would be available at this location. Sparks commented that street parking would be available during some times of the year but not during others. Scherer commented that staff discussed that as well, noting that perhaps there is a joint venture between the City and developer to widen that area to create on -street parking. Martin commented that perhaps the developer could explore how on street parking could be accommodated in conjunction with City staff. She stated that there are a few issues mentioned in the staff report related to the drive lane configuration, which should also be discussed with City staff. She commented that she would like to see additional greenspace in the interior or along the perimeter. She stated that she would also like to see interesting landscaping along Hamel Road and landscaping along the east and west elevations. Reid commented that perhaps the vertical siding is an "old time" color it would better fit within Uptown Hamel. Martin summarized the comments of the Council to enhance the elevations visible to the public with particular focus on the Hamel Road elevation, enhance greenspace and improve landscaping along the elevations, and addressing the comments of City staff from the report. Cavanaugh asked if the developer considered a mixed use to have commercial or office along Hamel Road with residential above or behind. Reid commented that she believes that this proposal is a long way from feeling like it belongs in Uptown Hamel. Josh Sanderson, developer, commented that they believe they are building something that would fit within Uptown Hamel and agreed that the Hamel Road units would have better front porches. He stated that they see the Uptown Hamel area as having three different zones, the industriaVwarehouse, residential, and commerciaVretail. He stated that adding 30 townhomes would provide more opportunities for families to live and support the local businesses in the area. He displayed an updated front porch sketch. Martin commented that looks a lot more like what she would envision. Reid also agreed that this concept would work better and is a good example of the direction this should go. Cavanaugh agreed that would be a good start. Sanderson commented that while there is not a lot of greenspace on this site, there is five acres of greenspace adjacent to the site and the site is in close proximity to Hamel Legion Park. DesLauriers rejoined the Council. Medina CityCouncil Meeting Minutes December 7, 2021 16 E. 3692 Pinto Drive — Woodbury REI LLC — Conditional Use Permit and Site Plan Review (10:18 p.m.) Johnson stated that the applicant is requesting a Conditional Use Permit and Site Plan review for a 2,590 square foot multi -tenant retail facility with a drive-thru at 3692 Pinto Drive. He noted that Caribou Coffee would be the drive-thru tenant and would not have indoor sit down service at that location and the other space would be general retail. Sparks stated that the property is about .6 acres in size and the property owner also owns the property to the south. He stated that the property is zoned Commercial Highway, and the applicant would propose a shared drive, developing the northern site independently of the southern site. He stated that City staff encouraged the applicant to develop both sites at the same time, but the applicant did not want to take that path. He stated that the applicant proposes to build a coffee shop with no inside service and advised that the drive-thru service would require a Conditional Use Permit. He stated that there would also be separate general retail space for another tenant. He explained how parking was calculated and advised that the plan does show the 14 stalls recommended. He stated that setback requirements are met by the proposal and provided details on tree removal, noting that the applicant would seek a waiver and pay for the tree removal. He noted that the architecture has been revised following the comments of the Planning Commission in order to have four-sided design. He stated that the drive-thru would have space for stacking of 11 vehicles, which is acceptable to staff. He stated that stormwater would be treated in an underground facility. He stated that the applicant has been made aware that a variance would not be accepted for the southern portion of the site, should they bring that forward for development in the future. He stated that staff recommends approval of the requests. Cavanaugh asked if there is an existing sidewalk in place currently. Sparks commented that there is a trail there that would be preserved and incorporated into the design, which has been done. He noted that a sidewalk would also be provided from the trail into the site. Cavanaugh asked the condition of the trail. Sparks commented that the trail has been constructed within the County right-of-way. He confirmed that the trail also goes through the parcel to the south. DesLauriers referenced the eight stalls for the Caribou and seven stalls for the retail, which would be a total of 15 whereas the applicant proposed 14 stalls. Sparks replied that five stalls for employees is not a requirement. He provided additional details on how the 14 stalls were determined. DesLauriers asked if the parking space would interfere with the vehicles exiting the drive-thru lane. Sparks commented that staff does not believe there would be an issue with that parking stall. Martin recognized that there is not yet specific use for the remainder of the building and asked if the City would have the ability to deny a use that would require more parking than would be available at this location. Medina City Coundl Meeting Minutes December 7, 2021 17 Sparks confirmed that a use that could not be supported by the available parking would not be allowed under zoning code. He stated that the applicant proposes a retail use. Moved by DesLauriers, seconded by Martin, to direct staff to draft a resolution granting approval for the requested Conditional Use Permit and Site Plan Review with the list of conditions. Further discussion: Cavanaugh asked what would happen if a retail use was proposed that requires intense parking. Sparks commented that if a retail use was proposed, the parking standard is based on the square footage of the building. Cavanaugh asked if a gym would be considered a retail use, noting that would generate more traffic and parking than an apparel shop. Martin commented that there is one set of standards for a general retail use. She stated that if the use is more intense that would be to the detriment of the user/owner, and they would perhaps need to seek shared parking with an adjacent site. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. F. Jeffery and Chris Cates — Environmental Assessment Worksheet (EAW) — Proposed Commercial/Industrial Development — PIDs 04-118-23-11-0002% 04118-23-140004 (10:37 p.m.) Johnson stated that the applicants are requesting a Comprehensive Plan amendment and concept plan review for 665,000 square feet of warehouse/office buildings on approximately 70 acres. He stated that under Minnesota rules an Environmental Assessment Worksheet (EAW) is required and explained the purpose of the EAW. Finke stated that the subject site is shown in red, and the applicant has requested a Comprehensive Plan amendment as the property is currently designated as Future Development Area and the applicant would propose to add the property to the MUSA for a business use. He noted that application is under review concurrently with the EAW. He stated that the City needs to make a determination on the EAW prior to any development. He stated that the City is the responsible government unit and therefore the information within the published EAW is the responsibility of the City. He reviewed the purpose of an EAW noting that the EAW would determine if an Environmental Impact Statement (EIS) would be necessary. He stated that staff is requesting approval of the EAW language and authorization to release that content to various agencies. He noted that staff would then report back when the comment period expires. Medina City Council Meeting Minutes December 7, 2021 18 Albers asked why the City would not proceed with the Comprehensive Plan amendment first before taking the step of the EAW. Finke stated that much of the analysis for the Comprehensive Plan amendment is similar to the EAW process. He stated that staff believed that identifying the cumulative impacts of the development would be informative for the Comprehensive Plan amendment discussion. He noted that the required timeline for the EAW also supported this process. Albers commented that this would seem presumptuous that the Comprehensive Plan amendment would be approved. Martin also supported that statement. She stated that her comments related to the EAW do not guarantee that she would approve a Comprehensive Plan amendment. She commented that she does not believe this development fits within this Comprehensive Plan. Albers commented that this property is zoned FDA and therefore development is not anticipated within the next ten years. Finke stated that identifying the potential impacts through the EAW process would be important in the review of the Comprehensive Plan amendment. Martin wanted to ensure that the comments made on the EAW would not have an impact on the decision of whether to approve the Comprehensive Plan amendment. She did not want this discussion to constrain or limit the Comprehensive Plan amendment discussion. Albers agreed that he did not want to be hamstrung by the EAW when the Comprehensive Plan amendment proposal comes forward. Reid wanted to be assured that this action would not imply that the Council is committed to approving this plan. She stated that she does not believe there is a point to looking at the plan tonight. She wanted to ensure that the developers do not assume that if this action is approved, it does not guarantee that the Council would approve any further requests. Martin asked if a statement could be added stating that the City's acceptance of the EAW does not constitute approval, conceptual or otherwise, of the project proposal. She provided some proposed language changes. She noted that this would take pristine agricultural property and turn it into industrial use which would have an impact on neighboring properties. Cavanaugh commented that although there are great vistas from one side of the property, most people along Highway 55 would not see the property. Martin commented that Medina prides itself on this scenic and agricultural landscape and this proposed use would change that. Albers commented that Medina is starting to lose the agricultural land along Highway 55 in Medina and in adjacent communities. He agreed that this would change the visual impact as the property is not slated for development in this period. Medina City Counal Meeting Minutes December 7, 2021 19 DesLauriers agreed with the comments made thus far. Reid agreed. She stated that farms are part of the charm of Medina and the more land that is lost, the less charm the community will have. Martin noted that many of those concepts can be supported by language within the Comprehensive Plan. She provided additional comments on how this proposed development would impact adjacent properties. Cavanaugh commented that he believes that alternate types of development along Highway 55 would be appropriate in the future, such as commercial and industrial. Albers commented that the City went through planning exercises to identify future commercial areas and he did not believe there was any intent for this property to become commercial. Reid noted that the property to the east is rural residential, guided FDA. She noted that if this is changed to commercial it would discourage residential development on the adjacent site. Martin noted that any development on this site will be impactful on surrounding properties and industrial would be very impactful. DesLauriers asked what this property would be zoned in the future. Finke commented that the current zoning is Rural Residential/Urban Reserve. He stated that the FDA is not planned for residential development but for consideration of a use in future planning processes. He stated that in the future the City would have a need for additional industrial property. Martin asked if staff has enough guidance to incorporate her comments or whether this would need to come back to the Council with the amendments. Johnson commented that the item could be tabled to allow staff to make the requested revisions and bring it back for additional review. Martin and Reid agreed with that direction. Albers stated that he would like to discuss the Comprehensive Plan amendment first before taking this step as he believes that decision is more important. DesLauriers asked if there is a requirement to make this document public for comments within 30 days. Finke confirmed that there are timelines in which the document needs to be finalized. He stated that if the Council would like staff to request that the applicant withdraw the EAW until the Comprehensive Plan amendment is reviewed, that request could be made. He again commented that identifying the cumulative impacts would be important in reviewing the Comprehensive Plan amendment. Medina City Coundl Meeting Minutes December 7, 2021 20 Anderson agreed that there is a statutory timeline that needs to be followed now that the EAW has been initiated. He noted that none of this would have an impact on reviewing the Comprehensive Plan amendment on its own merits when that should come forward. Reid asked what would happen if Medina did not approve the EAW. Anderson commented that an EAW is an information gathering process to determine environmental impacts. He believed that the information gleaned from the EAW would be helpful in additional reviews that will come. He stated that there should not be any concem with allowing this to go forward and believed the City should follow the statutory timelines. Reid asked when the Comprehensive Plan amendment would come forward for review. Finke replied that would be done as soon as practicable. Martin noted that the comments made tonight should be incorporated by staff. She suggested that the Council ask staff to determine when the comments need to be submitted. She stated that if time permits, this should return to the next meeting, but if doing so would go past the allowed time, staff should just incorporate the comments and release the document. 1. Resolution Authorizing Release of Cates Industrial Park Environmental Assessment Worksheet (EAW) for Distribution and Public Comment Moved by Martin, seconded by Cavanaugh, to direct staff to incorporate the comments made tonight and bring back the revised version for Council review at the next meeting if time permits, if time does not permit, staff should incorporate the comments and release the documents for distribution and public comment. Further discussion: Johnson asked if Finke had an estimate on the allowed time. Finke stated that the applicant resubmitted on December 1s1. He stated that the City should then have the month of December for its review. Johnson confirmed that this could then be brought back at the December 21st meeting. He stated that a motion could be made to table. Martin withdrew her motion and Cavanaugh agreed. Moved by Martin, seconded by Cavanaugh, to table this item directing staff to incorporate the comments from the Council. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. Medina CityCounal Meeting Minutes December 7, 2021 21 VIII. CITY ADMINISTRATOR REPORT (11:18 p.m.) Johnson had nothing further to report. IX. MAYOR & CITY COUNCIL REPORTS (11:18 p.m.) Reid commented that she would like to share the Uptown Hamel logo they have been working on and additional comments would be made at a future meeting related to the banners and other marketing efforts. Martin thanked Reid for her work on this matter. X. APPROVAL TO PAY THE BILLS (11:21 p.m.) Moved by Cavanaugh, seconded by DesLauriers, to approve the bills, EFT 006162E - 006182E for $79,999.93, order check numbers 052301-052344 for $145,942.10, and payroll EFT 0511460-0511488 for $58,128.38. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. XL CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 03- 118-23-24-0002 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(c) Moved by Martin, seconded by Cavanaugh, to adjoum the meeting to closed session at 11:23 p.m. for the consideration of land acquisition at PID 03-118-23-24-0002 pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c). A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. The meeting returned to open session at 11:58 p.m. XII. ADJOURN Moved by Reid, seconded by Martin, to adjoum the meeting at 11:59 p.m. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh absent Medina City Counail Meeting Minutes December 7, 2021 22 Reid aye Marvin aye Motion passed unanimously. Kathy Martin, Mayor Attest: Scott Johnson, City Administrator Medina City Council Meeting Minutes December 7, 2021 23