HomeMy Public PortalAbout04-16-2019 City Council MinutesMedina City Council Meeting Minutes 1
April 16, 2019
MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 16, 2019
The City Council of Medina, Minnesota met in regular session on April 16, 2019 at 7:00
p.m. in the City Hall Chambers. Mayor Martin presided.
I. ROLL CALL
Members present: Albers, Anderson, DesLauriers, Martin, and Pederson.
Members absent: None.
Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer,
and Chief of Police Ed Belland.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:00 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:00 p.m.)
A. Approval of the April 2, 2019 Regular City Council Meeting Minutes
Martin noted that she submitted written comments that have been incorporated and
distributed to the Council.
Moved by Anderson, seconded by Albers, to approve the April 2, 2019 regular City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the April 3, 2019 Board of Appeal and Equalization Meeting
Minutes
Martin noted that she provided comments and revisions, along with comments from the
assessor relating to the table on page one and a PID number correction.
Moved by Anderson, seconded by Pederson, to approve the April 3, 2019 Board of
Appeal and Equalization meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA (7:02 p.m.)
A. Approve Bidding Policy
B. Approve 2018 Annual Report
C. Approve Change Order for CSAH 115/CR 116 Reconstruction Project
D. Approve Street Stripping Services Agreement with Twin City Stripping Inc.
E. Resolution No. 2019-22 Accepting Donation from the Hamel Volunteer Fire
Department Relief Association
Martin referenced the 2018 Annual Report and commended Assistant City Administrator
Jodi Gallup on compiling the information from each department and presenting it in an
appealing and consistent fashion.
Moved by Pederson, seconded by Albers, to approve the consent agenda. Motion
passed unanimously.
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VI. COMMENTS (7:04 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 night to consider the
Raskob Preliminary Plat at 500 Hamel Road, to receive updates from the Hamel Athletic
Club, and continue to update the Trail Plan. He stated that the Commission will also
discuss goals and how to engage residents and increase park funding. He provided
additional details on discussion that will occur with Hamel Athletic Club regarding the
batting cage.
C. Planning Commission
Planning Commissioner Galzki stated that the Planning Commission met the previous
week to consider three items. He reported that the Commission reviewed a Site Plan to
construct a mini-storage building at 4790 Rolling Hills Road and unanimously
recommended approval of the request. He stated that the Commission held a public
hearing to consider a subdivision of the property at 500 Hamel Road and unanimously
recommended approval. He noted that the Commission also held a public hearing for a
PUD Concept Review for a restaurant at 172 Hamel Road. He noted that there were
members of the public present at the meeting that provided input. He stated that three
of the five members of the Commission present supported the plan while the other two
members expressed concerns with the architectural plans and location.
VII. PRESENTATIONS
A. Resolution No. 2019-23 Recognizing Tom Gregory for 15 Years of Service
to the City of Medina (7:10 p.m.)
Martin read aloud the proposed resolution recognizing Tom Gregory for 15 years of
service to the City of Medina.
Moved by Martin, seconded by Anderson, to adopt resolution no. 2019-23 recognizing
Tom Gregory for 15 years of service to the City of Medina.
Further discussion: Martin stated that this resolution speaks to Tom’s caring, personal,
and professional manner.
Motion passed unanimously.
Martin presented the resolution to Tom Gregory and thanked him for his service to the
community.
Belland stated that Tom does a great job for the department with his numerous
responsibilities and is a great team player that is dedicated to the City of Medina. He
stated that Tom comes to work on nights, weekends and holidays and has for the past
15 years. He explained that it takes a lot of dedication to work rotating shifts while still
balancing a personal life. He thanked Tom for the great work he does for Medina.
VIII. NEW BUSINESS
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A. Storm Water Pollution Prevention Plan (SWPPP) – Annual Public Hearing
(7:16 p.m.)
Scherer provided the annual review of the Storm Water Pollution Prevention Plan
(SWPPP) which is a part of the City’s MS4 Permit. He reviewed the storm water
projects that occurred in Medina during 2018 and highlighted upcoming projects. He
reviewed the minimum control measures and construction inspection reports. He
provided details on public education and participation. He reviewed information related
to illicit discharge, post-construction and highlighted the partners that the City works with
to accomplish its storm water goals.
Anderson thanked Scherer and his staff for their efforts.
Martin also thanked Scherer and his department. She asked who helps Scherer on
finding possible grants and completing applications.
Scherer reviewed the process that is typically followed for different types of projects.
Albers asked if there is a list of the top ten prioritized areas for projects.
Scherer commented that they have most likely already addressed the top ten issues. He
explained that there are CIP plans for each watershed and the City continues to
accomplish those projects.
Martin opened the public hearing at 7:29 p.m.
No comments made.
Martin closed the public hearing at 7:29 p.m.
B. Wally and Bridget Marx – 2800 Parkview Drive (7:29 p.m.)
Finke explained that this request includes two applications. He explained that one action
would be the Final Plat for the School Lake Nature Preserve, noting that the Council
approved the Preliminary Plat at the previous meeting. He stated that staff believes that
the Final Plat is consistent with the Preliminary Plat. He explained that the second
action is related to the drainage and utility easements. He explained that when the lot
lines were shifted, the easements are also required to be shifted which would require
vacation of the previous easements and dedication of new easements. He stated that
staff also recommends approval of the easement vacation as proposed.
1. Resolution No. 2019-24 Vacating Drainage and Utility Easements
within Lot 2, Block 2, School Lake Nature Preserve – Public
Hearing
Martin opened the public hearing at 7:32 p.m.
No comments.
Martin closed the public hearing at 7:32 p.m.
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Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2019-24 Vacating
Drainage and Utility Easements within Lot 2, Block 2, School Lake Nature Preserve.
Motion passed unanimously.
2. Resolution No. 2019-25 Granting Final Approval of the School
Lake Nature Preserve 2nd Addition Plat
Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2019-25 Granting
Final Approval of the School Lake Nature Preserve 2nd Addition Plat. Motion passed
unanimously.
C. Maxxon – 920 Hamel Road – Variance and Site Plan Review – Public
Hearing (7:33 p.m.)
Finke stated that the Council granted approval for a lot combination of the subject sites,
along with the Site Plan review for the addition in February of 2018. He stated that the
applicant is now proposing to move the addition four feet closer to Hickory Drive, which
would still meet the setback, but would result in an additional 1,318 square feet of
hardcover. He stated that the previous request required an offset of the additional
hardcover. He stated that with the Hickory Drive project, there was a desire to forego
the grass pave and instead direct the storm water from the site to the storm water pond.
He stated that the applicant has requested a variance for the proposed increase in
hardcover and has adjusted its plans to direct the storm water into the pond. He stated
that superior materials are proposed for the building addition in order to meet the
building requirements of the City. He noted that the original plans included an additional
loading dock, which has since been removed. He reviewed the variance request related
to hardcover and stated that the removal of the loading dock and patio and direction of
the storm water to the storm water pond will be improvements that help to offset the
additional hardcover. He noted that there will be an improvement to the site in return for
a small amount of additional hardcover. He reported that the Planning Commission
reviewed the variance request the previous month and found that the variance criteria
were met by the request and recommended approval with the noted conditions.
DesLauriers asked for details on grass pave.
Stremel stated that it is a form of pervious paving.
Martin referenced the condition recommended by the Planning Commission requiring the
plans to be updated to direct the storm water towards the storm water pond. She asked
if the building permit should be conditioned upon that.
Stremel provided additional details on the timing of the ponding project.
Finke stated that there will be interplay between the two projects and it would be unlikely
that the site work would be completed until after the pond is complete. He did not
believe that the building permit should be conditioned in that way.
Scherer noted that there has been previous discussion related to general housekeeping
on the west side of the building and asked if that is included.
Finke confirmed that element is included in the conditions.
Martin opened the public hearing at 7:43 p.m.
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No comments.
Martin closed the public hearing at 7:43 p.m.
Moved by Anderson, seconded by DesLauriers, to direct staff to prepare a resolution
approving the variance and site plan review subject to the conditions recommended by
the Planning Commission. Motion passed unanimously.
D. Charlie’s – 172 Hamel Road – PUD Concept Plan (7:43 p.m.)
Finke presented a request for a Concept Plan review of a PUD for development of
Charlie’s Restaurant, which would primarily be takeout. He stated that the applicant is
proposing to construct the restaurant out of shipping containers, which is why the PUD is
requested as that is not currently an allowed building material. He stated that the
Comprehensive Plan provides guidance for a PUD request and reviewed the current
guiding and zoning of the parcel. He provided additional details on the process the City
is currently undergoing with students from the University of Minnesota related to the
Uptown Hamel area. He provided information on the proposed site layout and parking.
He stated that architectural design is the main reason for the PUD request, in order to
incorporate the shipping containers. He stated that Uptown Hamel places a premium on
porches and overhangs and therefore if this moves forward, those elements should be
incorporated in addition to more windows. He referenced the future outdoor dining
proposal, which would include rooftop dining, and provided additional details on related
regulations. He provided additional details on the available parking, additional parking
proposed and shared parking. He reviewed the proposed access, noting that while it is
not ideal to have offsets, the roadway is low speed and there is not a safety concern. He
noted that the biggest traffic concern would be related to potential stacking that could
occur. He stated that there is a public storm water system in Uptown Hamel and any
new hardcover would need to drain to that area. He reported that the Planning
Commission held a public hearing the previous week and the resident comments and
written comments received were included in the Council packet.
Anderson asked and received confirmation that a resident from Argent Park attended the
Planning Commission meeting to provide input.
Grant Bender, applicant, stated that he is very excited about the project. He stated that
a City is defined by restaurants, schools, places of worship and government. He stated
that this is an opportunity to bring a nice restaurant to Uptown Hamel. He recognized
that building a restaurant is not the best choice for financial investment but ranks high
with residents. He thanked the planning staff for putting together a well thought out
report. He stated that he is looking to attract the residents of the City to the restaurant
and is willing to incorporate the comments received in order to provide a great
restaurant.
Steve Andres, land owner, stated that Mr. Bender approached him with the idea of using
shipping containers for a restaurant. He stated that he is proud of the plans that have
evolved and would be proud to bring this restaurant to the community.
Mr. Bender stated that the architect is also present that has worked with shipping
containers at Target Field and in Chicago as well. He stated that he has seen this
material used in many communities throughout the country. He stated that this material
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allows a restaurant to be constructed that is adaptable to any site, provides an
opportunity for a less costly initial building and is also less impactful to the overall site.
He highlighted the patio area out front that could be used for community gathering
space.
Anderson asked if Mr. Bender is an owner/operator of the restaurant and whether he has
restaurant experience.
Mr. Bender confirmed he would be a partner and reviewed his culinary education and
experience.
Albers stated that this is an interesting concept. He stated that the restaurant could be a
draw for the Uptown Hamel area but expressed concern with a drive-up takeout service
compared to a sit-down service.
Pederson stated that Uptown Hamel definitely needs a food service business but
expressed concern with the safety of the intersection. He stated that he would like to
see perhaps an entrance through the church parking lot, as that would be a better angle
for traffic.
DesLauriers stated that this would be within walking distance of his home and this is a
business that the community has wanted for some time. He believed that the mix of
90/10 for takeout would be a good fit, especially during baseball season. He stated that
the number one issue would be parking and accessibility. He agreed that access
through the church would solve a lot of problems for the site. He stated that this is a
creative idea and he likes the idea of using shipping containers.
Anderson echoed the comments that have been made, recognizing that the City has
struggled for years to bring some type of food service to the Uptown Hamel area. He felt
confident that the quality of the food would be good, given the applicant’s background.
He shared concerns with traffic and parking. He encouraged the applicant to move
forward with the plan.
Martin stated that she would also be excited to have a restaurant with a chef having the
credentials and background. She stated that she does struggle from a legal position
because of the deviations from the zoning code and Uptown Hamel regulations,
specifically the setback and building materials. She stated that if this type of deviation is
granted through PUD, the City could have difficulty denying a similar request in the
future.
Mr. Bender stated that the idea to have the additional setback would be to preserve the
library. He stated that there has been discussion with Finke about possibly moving the
library to another public area. He stated that the building could be moved closer to
Hamel Road. He stated that he has talked to the church and they love the idea of
sharing the parking space, as the church needs additional space. He stated that he
does like the idea of increasing the flow through the church parking lot and noted that he
can continue to pursue that idea.
Mr. Andres stated that they would be open to having a more storefront feel, noting that
they simply were attempting to preserve the library and save a tree. He provided
additional details on the management and ownership of the library.
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Johnson stated that there was discussion about moving the library to the park in the
past.
Scherer confirmed that there was discussion about moving the library at some point. He
noted that a possible location was discussed along the trail in Hamel Legion Park, near
the public parking area.
Finke noted that the library was originally in a different location and was moved to this
location.
Martin stated that perhaps there could be an agreement with the church that could
provide additional parking alignment and parking entrance through the church to create
more of a storefront feel for the restaurant. She stated that many of the farming
communities have metal grain type structures and noted that if the storefront could look
less rectangular in feel, perhaps that would help it blend more into the Uptown Hamel
area. She explained that the proposal is a significant departure from the existing
ordinances and even if using a PUD, the conditions for granting a PUD may be more
difficult to satisfy.
Pederson noted that his concern would be resolved if an agreement can be reached with
the church.
IX. CITY ADMINISTRATOR REPORT (8:15 p.m.)
Scherer provided an update on the Sioux Drive railroad crossing. He stated that the
crossing is currently very rough, and he has been in contact with the railroad company.
He stated that the railroad company would be interested in cost sharing the
improvements, noting that the City would pay for the concrete panels and the railroad
would install the panels. He stated that the cost of the panels would be about $20,000.
He stated that he could make the improvement work within the public works budget, as
this is most likely the biggest complaint that his department receives.
Martin commented that the condition has become very bad and recognized that
negotiation with the railroad is very difficult. She stated that although that is a large
amount, it could be money well spent.
DesLauriers agreed that the condition is very bad and believed the City should agree to
the improvement.
Anderson asked what fund would be used to pay for this improvement.
Scherer replied that the road improvement fund would be used. He confirmed that he
would speak with the railroad in the morning to further discuss the improvement.
Pederson agreed that the improvement would be funds well spent.
Johnson reminded the Council that the business forum and tour would occur the
following day at 7:30 a.m.
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X. MAYOR & CITY COUNCIL REPORTS (8:20 p.m.)
Martin noted that she will be traveling during Clean-Up Day and apologized that she will
not be able to attend.
Anderson commented that, given Council Member Pederson’s proclivity for eating large
amounts of food, that there should be a large number of hotdogs available for the event.
Pederson stated that he and Johnson attended the Highway 55 Coalition meeting the
previous week and they were able to meet the new representative for the Metropolitan
Council, Judy Johnson, whom is a past Mayor of Plymouth. He noted that a member of
the Coalition will be traveling to Washington D.C. in June in an effort to increase
Highway 55 to four lanes.
Anderson commented that he attended the Long Lake pancake breakfast the previous
weekend.
XI. APPROVAL TO PAY THE BILLS (8:22 p.m.)
Moved by Anderson, seconded by DesLauriers, to approve the bills, EFT 005035E-
005047E for $49,460.36 and order check numbers 048647-048699 for $246,918.34 and
payroll EFT 0509344-0509374 for $55,204.19. Motion passed unanimously.
XII. CLOSED SESSION: ATTORNEY CLIENT PRIVILEGED DISCUSSION ON
LITIGATION MATTER SPECIFICALLY WW FARM AND GEORGE WESSIN V.
CITY OF MEDINA, PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD.3(b)
Moved by Anderson, seconded by Pederson, to adjourn to closed session at 8:23 p.m.
for the purpose of attorney client privileged discussion on litigation matter specifically
WW Farm and George Wessin V. City of Medina. Motion passed unanimously.
The meeting reconvened to open session at 9:23 p.m.
XIII. ADJOURN
Moved by Anderson, seconded by Albers, to adjourn the meeting at 9:24 p.m. Motion
passed unanimously.
__________________________________
Kathy Martin, Mayor
Attest:
____________________________________
Jodi M. Gallup, City Clerk