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HomeMy Public PortalAbout02.15.2022 City Council Meeting MinutesMedina City Council Meeting Minutes February 15, 2022 1 MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 15, 2022 The City Council of Medina, Minnesota met in regular session on February 15, 2022 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. Martin read a statement explaining that the meeting continues to be 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, Planning Intern Colette Baumgardner, City Attorney Ron Batty, 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 (7:04 p.m.) III. ADDITIONS TO THE AGENDA (7:04 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:04 p.m.) A. Approval of the February 2, 2022 Regular City Council Meeting Minutes Martin noted that prior to the meeting Johnson distributed corrections that she had suggested for incorporation. Moved by Martin, seconded by Reid, to approve the February 2, 2022 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 (7:05 p.m.) A. Approve Police Department Animal Impound Agreements B. Approve Purchase Agreement for 2120 Chippewa Road C. Approve Resolution 2022-11 Accepting Park Bench Donation from Duane and Jan Hendrickson Medina City Council Meeting Minutes February 15, 2022 2 D. Approve Brush Grinding Agreement with Minnesota Topsoil E. Approve Hunter Park Court Surface Color Installation Agreement F. Approve Hunter Park Fence Installation Agreement G. Approve Hunter Park Asphalt Agreement Moved by DesLauriers, 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 (7:07 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Park Commission meets the following night to consider the results of the Lakeshore Park survey, 2120 Chippewa Road land acquisition, and will also review updates of the park fund. C. Planning Commission Planning Commissioner Popp reported that the Planning Commission met the previous week to review a request for a Conditional Use Permit for an accessory dwelling unit at 3003 Hamel Road. He explained that the accessory dwelling unit would have two bedrooms and would be constructed in conjunction with the primary home on the property. He stated that the Commission unanimously recommended approval of the request. VII. NEW BUSINESS A. 744 Aster Road Proposed Easement Vacation – Public Hearing (7:11 p.m.) Johnson stated that there is a proposed easement vacation for 744 Aster Road. He stated that vacating two feet of the easement would allow construction of a larger deck in the rear yard. Finke presented the request to vacate two feet of an existing 20-foot easement running through the backyard of the subject property. He stated that there is an existing stormwater pipe running through the easement, noting that the stormwater pipe is privately owned and operated by the HOA. He stated that the City does take public easements over such infrastructure as the City has the right, but not obligation, to maintain that infrastructure if not done by the HOA. He stated that because of the easement there would only be eight feet from the back of the home to the easement line. He stated that the applicant would like to have ten feet for a deck. He stated that staff believes that the vacation of two feet of the easement would still allow for proper maintenance activity should that be necessary. He stated that a utility locate was Medina City Council Meeting Minutes February 15, 2022 3 completed to ensure no other utilities in the easement. He asked that the Council hold a public hearing before taking any action. Martin opened the public hearing. No comments. Moved by Cavanaugh, seconded by Martin, to close the public hearing. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. Moved by DesLauriers, seconded by Albers, to adopt the Resolution 2022-12 Vacating a Portion of the Drainage and Utility Easements within 744 Aster Road. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. VIII. OLD BUSINESS A. Ordinance Amendment – Rooftop Elements (7:18 p.m.) Johnson stated that the majority of the Council reviewed this at meetings in December and January and agreed that further regulation of height would not be necessary, and that the framework presented and recommended by the Planning Commission would be suitable. He also reiterated the comments from the City Attorney that were included in the staff memo. Baumgardner provided background information on the process the Council, staff and Planning Commission have gone through over the past several months related to the review of rooftop elements. She stated that the Council reviewed this at its last meeting and agreed with the regulation method as presented by staff. She reviewed the draft ordinance regulations and recommended adoption as presented. Darrin Rosha, representing BAPS, stated that the proposal from BAPS included 20- and 35-feet roof heights with spires of 30 feet in height and flagpoles atop, for total height of 50 feet. He stated that as proposed, the spires would be five feet higher than allowed if coming from the 35 feet height. He noted that the flagpoles would also be a few feet Medina City Council Meeting Minutes February 15, 2022 4 above that. He stated that he has spoken with a few members of the Council outside of the meeting. He stated that BAPS brought forward its request when there were no regulations, and the spires and flagpoles would be lower than existing rooftop elements found in Medina. He stated that when moving forward, entities would be aware of the regulations prior to submitting requests but such regulations did not exist when BAPS came forward with its proposal. He stated that as proposed, the preferred design for BAPS would not be allowed which is important for their religious beliefs. Asit Waghani, representing BAPS, stated that they are wanting a larger site that will act as their home. He stated that they acquired the land in Medina and started the process of site plan approval. He noted that they did receive a unanimous recommendation of approval from the Planning Commission and then received questions about the rooftop elements by the City Council. He stated that the Council ultimately decided to institute a moratorium related to rooftop elements which caused more delay. He stated that they decided to remove the rooftop elements from their design to receive approval for the remainder of their building, with anticipation to amend their site plan after the rooftop element discussion was completed. He explained that the spires are important for their religious beliefs. He stated there would be a few feet difference between their request and what is proposed for the regulation. He asked if BAPS could be considered similar to the other religious institutions that have rooftop elements exceeding the height proposed in the ordinance. Cavanaugh asked if 50 feet is the maximum height requested. Waghani confirmed that 50 feet would be the maximum height for rooftop elements. Cavanaugh asked if that would include the flagpoles and flags. Waghani replied that the flags would be a few feet higher. Martin noted that the Council has reviewed this at multiple meetings and the proposed draft has also been reviewed by the City Attorney. Reid commented that she does not understand why a Conditional Use Permit could not be applied for. Martin stated that the Council had discussion on that concept at the last two meetings. She asked if Reid had certain circumstances in mind that would justify a CUP. Reid stated that this is a specific request, and she did not understand why the request for a CUP could not be made. She stated that there is an industrial area down the road where a CUP could be requested. She stated that this building would not be converted to another use in the foreseeable future therefore she did not see an issue. Martin stated that a CUP could be requested if the ordinance includes a provision to allow that request. She stated that there is not a provision in the draft ordinance that would permit a party to seek a CUP to exceed the maximum allowed height for a rooftop element. Reid replied that she did not see a large difference between rooftop equipment and rooftop elements. Medina City Council Meeting Minutes February 15, 2022 5 Martin clarified that Reid is stating that the ordinance should provide an option to seek a CUP, similar to rooftop equipment. Batty stated that if the Council wants to allow something else by CUP, it can do that by including a CUP for this use in this district. He stated that would require that the conditions under which a CUP would be issued would need to be articulated. He stated that there is an entire section of the City Code which lists conditional uses within zoning districts and the related standards and conditions. He noted that those standards and conditions would need to be listed in the ordinance. Martin stated that staff did provide some suggestions and the Council ultimately decided that a provision for a CUP should not be included in this ordinance. Cavanaugh commented that he spoke with staff earlier today and it did not seem that adding a provision for a CUP would be the best path to follow. Albers stated at this time, he is noncommittal on whether to add a provision for a CUP. Martin asked for input from staff. Finke commented that there would be an option to add a provision to allow a CUP. He explained that a purpose would need to be identified for the additional height and specific standards would need to be developed that would apply. He asked the type of standards that would mitigate the reason it is being designated as a conditional use rather than a permitted use. He provided examples of other conditional uses and the standards that apply to mitigate those uses. He stated that it was not clear to staff as to the additional standards that would apply or the purpose, but for the idea of allowing additional height. DesLauriers stated that when they went through this process, they separated rooftop equipment and rooftop elements. He asked if rooftop equipment has the ability to request a CUP. Finke replied that a CUP can be requested for mechanical equipment and noted that conditions were developed specific to that purpose. He stated that the conditions are related to screening of the equipment, whereas you cannot adequately screen rooftop elements in the same manner. DesLauriers stated that perhaps screening is required for architectural elements, such as screening the flagpole with netting and allowing the flag to show. Reid suggested that the applicant explain in its request for a CUP that the architectural element is necessary for the design of the building and justification be provided in that manner. Martin stated that an architectural element is a part of the design so she was unsure how that would work. She asked the offset for having the additional height. She recognized that screening would defeat the purpose of having an architectural element. She believed that the goal in establishing regulation for rooftop elements was to protect the rural character of Medina and its viewscapes. She stated that the only method in which Medina City Council Meeting Minutes February 15, 2022 6 she would think a CUP could be used for that purpose would be if there were adequate setbacks to ensure that the impact of the additional height would be less to adjacent properties. Reid appreciated the discussion and stated that perhaps there is not a solution, but she wished there were. Cavanaugh stated that the building next door to this site (Autoplex) is approaching, if not at, 50 feet. He stated that the building as originally proposed by BAPS would have fit within the existing regulations the City had. He stated that he does not see a large difference between 45 and 50 feet. He suggested a solution under subdivision one, section B, to add a part three that would allow 50 feet above the average grade for all non-residential districts. Finke provided suggested language should the Council desire to add that provision. Reid agreed that would provide more flexibility and supported the addition. Albers commented that he could also support that change. DesLauriers stated that he would also agree to the change. Martin noted that she would also agree with the change. She asked staff and received confirmation that the action could be to direct staff to make the suggested change and bring the item back for approval on the next Consent Agenda. Moved by Martin, seconded by Reid, to direct staff to further revise the proposed ordinance presented to add a third measurement in respect to architectural features that would apply in non-residential districts as discussed by the Council and to bring the matter back to the Consent Agenda. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT (8:05 p.m.) Johnson stated that Finke provided information requested by the Council on future Tamarack Drive and Meander Road. Staff asked if the Council wanted to revisit that topic at the March 1st meeting. DesLauriers commented that he does think the topic should come back to review the notes and ensure that everyone is still on the same page as they move forward. Reid agreed that this should come back as there are many moving parts. Medina City Council Meeting Minutes February 15, 2022 7 Martin confirmed the consensus of the Council to bring that topic back for additional review. Albers proposed that item be on the worksession agenda for the second meeting in March rather than the regular Council agenda. DesLauriers agreed that a worksession setting would be appropriate noting that perhaps the landowners can be a part of that discussion as well. Johnson confirmed the item could be placed on the works session agenda in March. Staff will check with the landowners to determine which Council meeting in March (March 1st or March 15th Work Session) they are available to meet with the City Council. X. MAYOR & CITY COUNCIL REPORTS (8:12 p.m.) No additional comments. XI. APPROVAL TO PAY THE BILLS (8:12 p.m.) Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006251E-006257E for $46,969.66, order check numbers 052599-052620for $114,213.39, and payroll EFT 0511614-0511648 for $57,767. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. XII. ADJOURN Moved by DesLauriers, seconded by Martin, to adjourn the meeting at 8:13 p.m. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. __________________________________ Kathy Martin, Mayor Attest: ____________________________________ Scott Johnson, City Administrator