HomeMy Public PortalAbout05/16/06 CCM157
MEDINA CITY COUNCIL MEETING MINUTES OF MAY 16, 2006
The City Council of Medina, Minnesota met in regular session on May 16, 2006 at 7:02
p.m. in the City Hall Chambers. Mayor Workman presided.
I. ROLL CALL
Members present: Cavanaugh, Smith, Weir, and Workman.
Members absent: Brinkman.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed
Belland, City Planner Rose Lorsung, City Planner Consultant Sarah Schield, City
Administrator Chad Adams, Public Works Superintendent Joe Paumen, and Recording
Secretary Allison Burr.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
Adams added a number of raffle permits (Items H through I) to the Consent Agenda.
Moved by Weir, seconded by Cavanaugh, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL OF MINUTES
A. Approval of the May 2, 2006 Special City Council Meeting Minutes
Weir noted on page 1, the second to last paragraph the fourth sentence should include
the word discussion, not discussed.
Moved by Weir, seconded by Cavanaugh, to approve the May 2, 2006 special City
Council meeting minutes as amended. Motion passed unanimously.
B. Approval of the May 2, 2006 Regular City Council Meeting Minutes
Weir noted on page 1. the word "diversity" should be replaced with "diversify' in the first
sentence in the third paragraph from the bottom.
Weir noted on page 8 Loretto is spelled incorrectly.
Weir noted on the second to last page, in the third paragraph from the bottom, the word
"park" should be deleted after "rainwater garden."
Cavanaugh noted the last sentence on page 5 should read "That will cost money,
whether it is in the current location or somewhere else."
Smith arrived at 7:07 p.m.
Moved by Weir, seconded by Cavanaugh, to approve the May 2, 2006 regular City
Council meeting minutes as amended. Motion passed unanimously,
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V. CONSENT AGENDA
A. Designate Jeanne Day as an Official Signatory
B. Reschedule City Council Meeting of July 4th to July 5th at 7:00 p.m. at City
Hall
C. Approve Raffle Permit to Twin West Chamber of Commerce for June 19,
2006 at Medina Golf and Country Club
D. Resolution Granting Final Plat Approval for Gregory R. and Joy Fries for
Property located at 2845 Ardmore Avenue
E. Resolution Reapproving a Final Plat for Stephen C. Mann and Carmen A.
Mann for property located at 2275 Cox Trail
F. Authorize Disposal of Police Department Squad 123
G. Resolution Recognizing Medina Clean -Up Day Volunteers
H. Approve Raffle Permit to Uptown Hamel Inc. at Hamel Liberty on July 9,
2006
I. Approve Raffle Permit to Church of St. Anne's at Church of St. Anne's on
August 27, 2006
J. Approve 3.2 Malt Liquor On -Sale Temporary License to Church of St.
Anne's for August 26, 2006
K. Approve Raffle Permit to TwinWest Chamber of Commerce Foundation at
Medina Golf & Country Club on June 19, 2006
L. Approve Raffle Permit to Northwest Chamber of Commerce at Medina Golf
& Country Club on June 12, 2006
Moved by Weir, seconded by Smith, to approve the consent agenda with additions.
Motion passed unanimously.
VI. PRESENTATION
A. Wild Meadows Annual Report — Paul Robinson, Bancor Group LLC
Paul Robinson stated he is here to provide the annual update on what is happening at
Wild Meadows. He noted David Newman, president of Bancor Group, and Lee Marlow,
ecologist and the homeowner association's staff ecologist, are also present to provide
information.
Marlow indicated she intends to illustrate some of the restored communities at Wild
Meadows, some of the activities that occurred in 2005. some of the lessons learned. as
well as what is planned for 2006.
Marlow explained there are three major habitats that have been restored and managed
in Wild Meadows. The first is the Maple -Oak Forest, and it is responding extremely well.
Activities done within the forest included removing buckthorn and thinning the dense
maples. The native ground vegetation has responded well, and there are lots of
wildflowers coming up.
Marlow continued there are many prairie areas. She noted there has been good
success with various flowers and grasses, and she pointed out the common plants
scattered throughout the native areas.
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Marlow displayed a variety of grasses within the prairies. She displayed the wetland
variety at Wild Meadows as well as the diverse native plants. Many of the plants came
from the seed bank on site.
Marlow stated all of the restored plant communities are functioning as the stormwater
treatment system for the entire development. There has been a great response by
wildlife using these areas, and a great diversity of bird species using the areas has been
observed.
Marlow described one bird in particular. In 2005 three male Dickcissels were observed,
birds that are on the decline in the Midwest.
Marlow outlined the restoration activities in 2005.
Marlow indicated the tree planting used a Root Production Method (RPM) tree planting
in 2005. Seven hundred ninety were planted throughout the area, and the survivorship
of all those trees will be monitored as well as all the other trees.
Marlow stated an extensive lot review was done, identifying the conservation easement
and identifying encroachments into the easement. Each encroachment was surveyed
and photo -documented, and each homeowner received a letter letting them know the
status as well as some educational information. She noted all the repairs will be made
this year.
Marlow stated about half the lots had some type of violations. In some cases it was as
small as 2 square feet: in some cases as large as 6,000 square feet.
Marlow explained a number of drainage -ways were repaired in 2005. There were also
some new erosion areas that had to be addressed. She noted there were some areas
on residential lots as a result of grading on the lots that required follow-up in terms of
changes in the design and repair.
Marlow recalled there was a major surprise area that was the result of a broken
drainage tile. This happened on the edge of someone's lot and created a mini -wetland
over the course of a few weeks.
Marlow stated a gazebo and demonstration garden were constructed last year.
Marlow highlighted the educational activities that occurred in 2005. She stated the
build -a -bird -house event was the biggest success from 2005.
Robinson highlighted some of the lessons learned from 2005. He noted sometimes
even Bancor Group's own contractors make mistakes, so constant vigilance is required.
Robinson continued currently each new lot is wrapped with silt fence, which has created
problems on some lots. He suggested putting three or four bio-logs, which would stop
the erosion. That way landscapers or graders would not ruin the fence, but could pick up
the logs while moving.
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Marlow outlined the 2006 plan, which includes a couple of milestones. The majority of
the site is transitioning into the maintenance phase of restoration. The homeowners
association is taking control of the development this year. Also, the Minnesota Land
Trust will be taking over the conservation easement.
Marlow displayed a map showing the first full growing season. Seeding and planting will
continue, as well as monitoring of the RPM trees and all of the trees that have been
planted on the site for survivorship. Additionally, the surface water quality monitoring
project will be resumed.
Marlow continued there is an events calendar this year that will hopefully improve
turnout.
Robinson noted the final repairs are on track to be completed this week, which will be in
conjunction with a tour by the Minnesota Land Trust.
Marlow added there is good water quality on the site, and it is a very unique community
with nature and people coexisting. She highlighted the continuing goals of Wild
Meadows.
Weir noted there is quite a lot of water damage from heavy rains, particularly along the
trails. and asked if that has been dealt with.
Robinson responded that is an ongoing problem. There are a number of areas where
about a dozen channels were installed. Some have failed a new technique will be used
to install them again.
Weir inquired if Marlow will stay on and do the education for the homeowners
association.
Marlow responded she is considered the interim ecologist to the homeowners
association; the association will always have someone advising them as to the needs of
the restoration areas.
Weir congratulated the Bancor Group on their work. She noted Wild Meadows is a
wonderful concept and thanked them for seeing it through so thoroughly.
Cavanaugh asked if the covenants require an ecologist on staff. Robinson responded
affirmatively.
Dave Newman added when this project began, everyone agreed it was something that
had never been done before. A lot has been learned throughout the process, and now
people are coming in and studying what is being done at Wild Meadows.
Smith stated she believes the bio-logs seem to be more effective than the silt fence.
Batty inquired when the Land Trust tour will be held.
Robinson responded the tour with the Land Trust will be sometime the first week of
June.
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Weir asked if the Council can go also attend the tour.
Robinson responded affirmatively.
Smith inquired what the response is among homeowners regarding encroachments.
Robinson responded people are not always happy, but it is not their property. He added
the landscaper is hired by the resident, so the resident is not always the best person to
monitor the landscaper because they may not be familiar with the easements. One way
to improve that is when the homeowner gets an occupancy permit, he has to ensure the
posts are still in place. Additionally, when the landscaper comes in, the posts should be
in place so it is clearly delineated.
Robinson noted in some cases with a landscape approval, there is a huge orange sign
saying a fine will be assessed if the landscaper goes past it. That process has been
implemented to minimize encroachments from happening.
Smith noted there was some concern by staff about the stormwater drain working.
Marlow responded the studies will be looking at the quality of water coming onto the site
and leaving the site, before, after, and during construction. All of that data will be
analyzed and a report will be prepared on each year's data.
Weir asked if the Council will receive a copy of that report. Marlow responded
affirmatively.
B. Civil Defense Sirens — Chief Ed Belland and Planner Rose Lorsung
Belland stated civil defense sirens are not a new topic for the City. Currently Medina
has three weather alert sirens, and the fourth one is on the Hamel Department. He
listed the four locations and noted these sirens were bought from Richfield in the mid-
1980s. At the time, they covered the populated areas of Medina.
Belland explained as Medina's population has grown, concerns have come to the City
about the need for more sirens during bad weather. The City had reviewed the
situation, but up to this point, the population did not justify it, nor were funds allocated.
Belland stated the City is also receiving more calls as the northeast corridor grows. Last
year money was budgeted for the siren, and he and Lorsung have worked to come up
with a rough plan for where the siren locations should be.
Belland explained the placement of the sirens throughout the City. The first siren is in
the northeast corner. Currently there is no coverage in the Wild Meadows or Foxberry
area.
Belland stated siren #2 is proposed in conjunction with Hennepin County Public Works.
At the last Council meeting there was a discussion with them, and possible cost -sharing
may be feasible. He noted it could be as early as 2008 to have those two in.
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Belland explained the Comp Plan indicates the area around Loretto was ghost -plotted
with somewhat higher density. Siren #3 will enlarge the current Loretto siren coverage
to include the growing northeast part of the City. Siren #4, following the Comp Plan,
covers where another possible development could go in the next 10 years.
Belland stated the other five sirens on the map will all be determined based on the
growth of the City and the Comp Plan.
Belland indicated tonight he is looking for feedback on the map and the siren program at
this point. He is looking for direction to move forward with the first siren. When these
storms hit, and the sirens work, they can save a lot of lives. He noted they will be run off
a DC battery system. so the sirens still work when power is knocked out.
Workman affirmed the City should proceed with the plan. He suggested moving ahead
with the first siren as soon as bids can be placed together. He suggested working with
the County on siren #2 so it can perhaps be completed next year. He suggested
moving ahead on working with Loretto as well.
Belland stated he has talked with Loretto and they are worried about the decibels of the
new siren. The key to that problem is the height of the pole. He added Loretto seemed
very interested in participating in the cost.
Cavanaugh stated it appears siren #1 overlaps with Corcoran. He asked if there is a
way to shift the siren north and split the cost with Corcoran.
Belland responded Corcoran is also proposing a siren further north up 116. He noted
he checked with Plymouth and Maple Grove, and Maple Grove was not interested in
sharing. However, Plymouth was interested, but to cover both Foxberry and Wild
Meadows, the siren has to be kept in a certain area.
Lorsung noted she and Belland performed a detailed analysis, looking at multiple
locations for multiple sirens.
Smith asked if sirens are geared to warn people outside of their homes. Belland
responded affirmatively.
Smith continued residents need to be made aware of this. Belland stated that theme
has been reinforced over time with the residents.
Smith noted the sirens should continually be referred to as outdoor warning sirens.
Workman stated weather radios are fairly inexpensive, and they will be triggered by the
sirens.
Weir inquired -how much of the southwest corner is covered or if it is covered by Maple
Plain.
Belland responded for the most part, it is covered under the Maple Plain siren. The
circles on the map are not true indicators of the sirens; they are what the siren
companies put out there for liability purposes.
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Workman asked if he has discussed putting one in the park.
Selland responded Hennepin County is not in favor of having them because they disturb
the wildlife.
Workman asked what their plan is to advise people in the parks, et cetera, of bad
weather. Selland responded he is not sure but he assumes they have a plan.
Belland indicated he has asked for two quotes from siren vendors in the area.
Workman asked if the budget is okay for the first siren. Adams responded affirmatively.
Cavanaugh asked if there is any chance of working with Corcoran on the siren since
they are in need of it.
Selland responded his first idea was to put one in the corner, and at that time Corcoran
was not interested in that location.
Lorsung stated if the siren is moved to cover the four cities in the corner, it may add
additional cost because additional sirens will be needed throughout the City because
everything is shifted. She noted the sirens are strategically placed to cover all parts of
Medina.
Workman suggested Belland talk with Corcoran
Moved by Weir, seconded by Smith, to move ahead with the siren plan. Motion passed
unanimously.
C. Hamel Athletic Association
1. Accept Donation of Batting Cage and Pitching Machine
Moved by Smith. seconded by Weir. to accept the batting cage and pitching machine.
with the understanding staff will coordinate the installation.
Workman asked if the athletic association will supervise the equipment.
Adams responded they will maintain it. He noted a question that came up at the Park
Commission meeting was security. It is well locked up and vandalism is not a concern.
They are looking at storing it in the shed or it may be bolted to the pad on the ground.
Cavanaugh requested a thank -you letter be sent to the athletic association.
Motion passed unanimously.
2. Approve Grounds and Maintenance Services Agreement
Adams stated in this year's contract the City will provide $4,000 in compensation for
maintenance. That fee may decrease over the next few years.
Cavanaugh asked what fund that comes out of.
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Adams responded it is the general fund, and it is a budgeted item. Adams noted the
City previously gave the athletic association $25,000, and they mowed the park for the
entire year, but now the City contracts separately for that which has resulted in a cost
savings.
Adams stated with the $4,000, if there is any leftover fund balance at the end of the
year, the association uses it to reinvest in equipment in the park.
Moved by Weir, seconded by Cavanaugh, to approve the agreement. Motion passed
unanimously.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Adams stated there is a joint meeting tomorrow night where open space planning and
the Comp Plan will be discussed. The annual park tour will be June 7 at 6:00 p.m. The
next regular meeting is June 21.
C. Planning Commission
Jeff Pederson, Planning Commission, stated at the last meeting the Commission looked
at the preliminary plat, site plan and CUP for Adam's Pest Control, and a few conditions
were established. The Commission also worked hard on the tree ordinance. He noted
the sign ordinance was tabled by the Planning Commission.
Lorsung noted there has been a two -week extension on the Adam's Pest Control
application. The Planning Commission wanted to work on the wetlands and right-of-way
issue. Those items are technical in nature, and so the application will go on to the next
Council meeting agenda.
Lorsung stated the tree ordinance should be in final form for the June 6th meeting. The
wetland RFP should be ready for the Council on June 6 as well. For the next Planning
Commission meeting, the sign ordinance will be reviewed as well as a preliminary plat
that came in before the moratorium.
Cavanaugh asked about Adam's Pest Control and the possible frontage road.
Schield responded they considered a backage road in this situation due to the
properties that access the roadway from the north of their property. She noted this
issue was discussed in detail at the Planning Commission meeting. Staff met with the
applicant today and at this point the applicant does not wish to give that right-of-way to
the City, but the City is still requiring it as part of the application.
Lorsung stated that is part of the 116 improvements that the City did authorize the
engineering department to begin surveying on.
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Schield noted the County has some concept drawings on that roadway extension that
would go to the west. The City does have a Comp Plan that identifies the transportation
plan for the future. This road is on the City's guide map and shows it as a concept plan.
Staff has showed it to the applicant. Mn-DOT, the County and City have all had this
idea in the back of their mind.
Cavanaugh inquired if the backage road is paid for from the 55 Corridor Coalition
federal funding. Adams responded that pool of money will not be available. However,
other funding through the state or county programs may be available depending on if
Mn-DOT required both frontage roads being closed off.
Kellogg noted it is not possible to determine if other jurisdictions will fund it. Mn-DOT
may have some interest. Hennepin County may have an interest because of the
removal of the conflicts at the intersection of 116 and 55. He noted as this progresses,
staff will pursue all avenues of funding.
VIII. OLD BUSINESS
A. Ordinance Amending Sections 800.01 et seq. of the Medina Code of
Ordinances Regarding Swimming Pools
Lorsung stated the ordinance is in complete form. Recommendations were taken from
the last meeting and incorporated. The building official and fire marshal have looked at
it. Staff included the specific citation of the ASTM.
Batty stated the principal change is at the bottom of the second page, the new
subdivision D. That is the issue discussed last time regarding if the house forms the
fourth side of the enclosure and an alarm is required.
Moved by Weir, seconded by Smith, to approve the ordinance amending Sections
800.01 et seq. of the Medina Code of Ordinances regarding swimming pools, as
requested. Motion passed unanimously.
B. Resolution Authorizing Ordinance No. 800.01 et seq. by Title and Summary
Moved by Smith, seconded by Weir.. to approve resolution authorizing Ordinance No.
800.01 et seq. by Title and Summary, as requested. Motion passed unanimously.
C. Discussion regarding potential exemptions/flexibility to regulations
established by adopted Ordinance 403 regarding the Rural Residential
Zoning District
Adams requested Council feedback on this issue.
Batty stated at a previous Council meeting, there were a couple of suggestions raised
about how to soften the amendments that were adopted regarding to the moratorium.
He and Lorsung looked at that and tried to find approaches that made sense in this
timeframe.
Batty indicated the memo suggests he and Lorsung did not find an appropriate
approach at this point. However, there are a couple possible approaches included in the
memo, though he does not endorse any of them. Lorsung has a separate memo that
treats in more detail a possible approach, but her conclusion is that this is the very
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process that the City is embarking on with regard to open space planning, and to build
something into the ordinance short-circuits that process. That is the whole purpose of
hiring the open space consultant.
Weir stated she likes the do-nothing option best. The 300-foot lot width is softened by
the permissive ways of measuring lot widths, so it is almost a neutral situation. She
asked if there is the possibility of an applicant applying for a PUD.
Lorsung responded every applicant has the option of applying for a PUD; therefore it is
an option.
Cavanaugh stated past discussions of PUDs have concluded it is not a good idea to do
spot -zoning. His only intention in the previous discussion was to ensure somebody does
not get hurt by the ordinance change. He noted he understands most people will be
able to do what they need to do in subdividing lots. However, if someone does get one
or two fewer lots than originally anticipated, he wants the Council to be aware of that
and to provide special consideration.
Weir inquired if Cavanaugh would be comfortable with the PUD route.
Cavanaugh responded affirmatively, as long as the Council is on record that it is not
trying to hurt anyone by this.
Smith stated the City has used PUDs. So if something comes up, staff can mention that
possibility.
Lorsung note PUDs can be used for any district.
Batty stated it has not come up, but it is another safety valve.
Smith stated the way the lot widths can be calculated is very permissive.
Cavanaugh asked if all Council Members are on record that the City will work hard if
someone is hurt by this.
Workman responded he believes everyone is on record that way, but it goes beyond
that. It is really going to be up to staff. Most people who walk in the door will not know
all the options, and it will be up to staff to explain that.
Lorsung added there will have to be an incentive for the Council to consider such a
request for somebody to come with a PUD so soon after the ordinance passed. Staff
does not support PUD's for these general requests as a planning principle.
Smith stated at this point it would be difficult for a resident to not know what the Council
has done. given all the notice provided to residents.
Cavanaugh expressed appreciation for the work done by the City and the staff to notify
all the residents of the pending ordinance change.
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IX. NEW BUSINESS
A. Appoint Open Space Consultant
Lorsung stated there is a brief memo illustrating what the open space task force has
been doing the last several weeks. There is a recommendation to appoint CR Planning.
The task force wanted to extend the welcome to CR planning based on their extensive
work in this field. They only do rural planning and third -tier suburb planning and also
have a vast amount of knowledge in this area.
Lorsung stated CR Planning came in a little bit under the $50,000, and they are devoting
12 meetings to the open space task force alone, which is triple the meetings of the other
submittals. She noted CR Planning has a very good reputation.
Smith stated for future reference, she would like a summary chart of the firms bidding so
the Council can see the homework done.
Lorsung stated score sheets were prepared for each applicant, and in the future those
can be included for the Council.
Cavanaugh stated he was impressed with CR Planning's presentation. They were able
to touch on everything and were very knowledgeable about different approaches and
methods. Weir concurred.
Lorsung noted CR Planning will be present at the joint meeting tomorrow evening.
Moved by Cavanaugh, seconded by Weir, to appoint CR Planning as the open space
consultant. Motion passed unanimously.
B. Draft Tree Preservation, Replacement and Disease Ordinance
Lorsung stated the memo explains the path that has been taken to get to this tree
ordinance. Medina is unique in its number of large stands of trees. Other communities
with tree ordinances do not have these large stands of trees. Other communities count
the number of trees and caliper inches of trees. However, staff does not feel that is
appropriate for large stands of trees.
Lorsung stated the Natural Resources Inventory shows all the trees in the City that is by
acres. There are no counts of numbers of trees in the City.
Lorsung stated subdivision 6 of the ordinance has changed a number of times to get it
to fit Medina, in order to protect the landowners as well as the stands of trees. It is
intended to allow for a reasonable amount of disturbance on the property. There are
three categories in Allowed Disturbance, Lots having Woodland; Lots having Old Growth
Forest Remnants; and Lots having neither, but rather scattered numbers of Significant
trees.
Lorsung stated each permit would be categorized into one of these three areas.
Lorsung noted the moratorium committee was the first group to visit this issue, so this
has been ongoing for a while.
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Lorsung highlighted subdivision 8, Tree Preservation and Replacement Plan. She
explained the three categories.
Weir asked if mitigation is for all trees or for significant trees. Lorsung responded all
three categories discuss significant trees.
Weir suggested adding in the word significant to make it clearer. Lorsung responded
she will add in the word significant to the chart as well.
Weir stated she was surprised the percentages of significant trees that can be cut
increased in the chart. Lorsung explained the rationale.
Lorsung noted as lot acreage increases for percentage of acres, allowed disturbance
goes up. Therefore, as the disturbance of trees increases. the percentage should
increase correspondingly.
Smith stated a woodland area is not the same as an open area. She does not believe
going to percentage of trees is necessary. She preferred the figures be in terms of
acreage.
Lorsung asked how calculations could be made if trees are not measured in acres on
the lot.
Weir stated she understands section A and B and is having problems with C. Smith
concurred.
Lorsung noted other communities deal exclusively with numbers of trees.
Weir stated removing 60 percent on a 20-acre lot is a significant amount of trees.
Smith stated she is concerned about people having legitimate use of their land. She
questioned 60 percent. She suggested it be in terms of acreage rather than
percentage.
Lorsung suggested language be included that property owners can cut down the trees
on the footprint of the house, driveway and septic.
Workman stated philosophically he has a problem with this argument. When someone
buys the land, he or she has a say in what to do with it. He continued if people spend
such money on the land, they are likely worried about the trees.
Weir noted that assumption is made in the ordinance. However, last week a
homeowner aware of this discussion before the Council clear-cut a forest.
Cavanaugh noted for the record that that was his father.
Weir stated Workman's assumption was reasonable, but it does not always work.
Smith stated there is a higher authority than the person who owns the land. These trees
do more than just shade the property; some have significance. If the City allows people
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to cut down everything they want to, people have and will do it. if the City allows that to
happen, Medina will end up like Plymouth. There is more value to society for trees and
for peoples' health than just the shade.
Workman stated he is not saying trees are not good to have. However, sometimes the
control factors put in place can become a burden.
Lorsung stated she has a quick example of why she disagrees with him. There have
been a number of studies about the economic value of rural character on a lot. The
value of land increases with rare, valued species of trees.
Lorsung continued this ordinance allows for reasonable cutting of a piece of property. It
allows for flexibility for those people who want to do low -impact types of designs on their
property. The point is to try to preserve the last few old -growth remnants in the City. It
used to be covered with old -growth and now there are just small remnants left.
Cavanaugh asked how the standards would apply if someone wants to subdivide a 40-
acre piece of land. He asked if it would apply to the 40-acre piece as a whole or the
post -subdivided 40-acres.
Lorsung stated she does not believe that scenario applies to anywhere in the City in the
MUSA that is available for development. However, according to the chart, they would
be allowed 7 percent before mitigation.
Lorsung stated after the property is subdivided, then the mitigation would be worked out
and scattered throughout the entire development site.
Smith stated she believes she believes this policy is most relevant in rural residential.
Lorsung stated in that case there would need to be separate standards for urban.
Cavanaugh stated this is reasonable for rural residential. It allows for the development
of single-family homes and preserves trees. He does not see this making sense if
someone has an area that they want to develop. He noted this would probably affect his
uncle's land on 55 with a significant amount of trees.
Lorsung stated this is an interim ordinance and it is also a City-wide ordinance. It may
change with open space planning. Nothing is on the books today, so nothing is in place
to prevent clear -cutting.
Weir asked if this ordinance is more reasonable and flexible than the current tree
ordinance in commercial. Lorsung stated there is not a City-wide tree prohibition on
cutting of trees. Someone could cut trees on commercial without mitigation.
Weir noted Target had to replace some trees. Lorsung responded that is because
Target had a land -use application.
Lorsung clarified this does not distinguish between residential and commercial.
Weir stated this policy is reasonable for landowners.
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Workman stated he is more inclined to lean toward Smith's position. In rural residential,
property owners should be encouraged to keep the trees. but they should be allowed to
build their house where they can.
Weir noted the committee worked hard to be reasonable so people can develop their
land in a reasonable way.
Workman stated he likes to have as little rules as possible; he prefers common sense to
be the deciding factor. He is willing to agree with a reasonable compromise, but he
does not want to place undue hardship on people who buy the land and want to live
there.
Lorsung stated perhaps the landscape portion of this can be built up a little bit.
Smith stated this ordinance does allow reasonable use.
Workman opened the meeting to the public at 8:45 p.m.
Steve Jacobsen, Planning Commission and Open Space Task Force, stated there has
been a lot of work on the requirements. This ordinance is not restrictive. It does not
prohibit someone from clear -cutting old growth forest; they just have to mitigate.
Workman noted it does not stop clear -cutting, but there would be a financial penalty.
Jacobsen responded that is the intent of it. This is a very loose ordinance compared to
what it might be, but it is not allowing a free ride to developers either. He would like to
see something passed as soon as possible to prevent clear -cutting.
Susan Seeland stated she and her husband own a property of about 200 acres. She
supports the tree ordinance. As a developer, she does not see it as a hardship. The
ordinance helps sets boundaries, and the replacement of 2 to 1 caliper inches for old -
growth makes people think more about their plan. She stated it is good to have
something City-wide so everyone knows what the boundaries are.
Dave Wessin stated he is in favor of the tree ordinance. He thinks the Council may be
doing more damage than good by saying there is a tree ordinance coming because
people get scared and cut down trees.
Lorsung stated when communities do this kind of ordinance, there are always people
who go in and cut before it goes in effect.
Workman closed the meeting to the public at 8:54 p.m.
Lorsung stated staff is looking for any changes so it can be in ordinance form by next
meeting.
Workman stated he would like to spend more time looking at the ordinance proposal.
Perhaps it should be limited to larger lots.
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Workman asked how the ordinance applies to sick trees that die.
Lorsung responded if a tree is dying, it does not have to be replaced.
Lorsung noted there is a certain amount of cutting that is good to keep the ecosystems
healthy.
Weir stated this is an interim ordinance before open space planning begins. She would
be happy to move this forward, because as Dave Wessin pointed out. the longer the
delay, the more people get concerned and begin cutting.
Smith agreed.
Cavanaugh stated it makes more sense to have this apply to larger lots. However, it
does not make sense in areas where the City has indicated a preference for more
density.
Adams stated if this is to be tabled for more discussion on June 6, two Council Members
will be gone at that meeting. if changes are made by June 6. it would be approved on
June 20 and would not be effective until publishing on June 26.
Cavanaugh stated he agrees with Smith's idea about this tree ordinance applying to a
post -subdivided lot.
Weir suggested that would invite fragmenting of woodlands.
Cavanaugh asked if his participation in this discussion creates a conflict of interest.
Batty responded there is no conflict of interest when dealing with legislative action.
Tonight, staff is asking for direction from the Council about the changes.
Cavanaugh stated he likes the ordinance applicable on a lot basis after subdivision. He
noted the issue of clustering and keeping entire stands of trees intact could be tackled
by the open space committee.
Workman stated he is still unsure about what is 60 percent of a lot.
Lorsung asked when the ordinance would applicable under Cavanaugh's proposal.
Smith stated she did not think this would relate to sewered areas where property is
going to be subdivided.
Cavanaugh stated it would create more consistency.
Smith stated homeowners should have a right to put the house, driveway and septic
wherever they want.
Lorsung asked what if there is a tree -cutting event outside a permitting process. There
has to be a way to measure tree loss, whether it is in acres or caliper inches.
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Smith stated acres are still the best measurement.
Cavanaugh suggested passing the ordinance with the special exception saying this
ordinance will be calculated or assessed based on a post -subdivided parcel in situations
where land is being subdivided for whatever purpose. It will be on a lot -by -lot basis. It
will allow cutting of 30 percent of significant trees.
Lorsung asked if it would be easier to simply get rid of this chart and count number of
trees.
Cavanaugh again stated he likes the chart if it applies to post -subdivided parcels.
Workman stated the Councilmembers seem to be at different places on this.
Weir noted there was a suggestion to pass this for rural residential. Cavanaugh stated it
is very fair for rural residential. If someone subdivides later, it can be based on post -
subdivided lots.
After further discussion, Lorsung summarized the Council likes the ordinance for the
rural residential. For subdivisions with rural residential, it is on a lot -by -lot basis after the
lots are reviewed and approved. Regulations for commercial will be kept as they are.
Paumen stated the post -subdivided basis may not take into consideration trees removed
for streets.
Workman responded that will be the developer's responsibility.
Batty clarified ordinances have to be adopted by a majority of the full Council, which
means it needs three votes. There will only be three at the June 6th meeting.
Smith suggested having staff bring this back at the June 20th meeting when everyone
should be present.
Cavanaugh suggested that is a great compromise.
Weir stated she is worried about fragmented holes throughout the woodland, but it is a
good compromise.
Smith moved, Weir seconded, to table the tree ordinance until the June 20th meeting.
Motion passed unanimously.
C. Appointment of Citizen Committee Members to Facilities Master Plannin
Initiative
Weir noted Bob Mitchell has agreed to serve on the committee.
Cavanaugh indicated Beth Nielsen has agreed to serve on the con-irnittee.
Smith noted she asked Marilyn Fortin and she agreed to serve on the committee. She
also asked Jeff Garthwait, who is new to the community. She tried Jim Renier, but he is
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May 16, 2006
173
unable to. She left a call in with Dave Ferrin, who was great with his neighbors at
Cherry Hill.
Weir stated she would be happy with Dave Ferrin.
Weir stated she has a back-up committee prospect in the Cudd development. Fred
Wagner from Gramercy recommended this gentleman.
Adams stated the four can be appointed tonight, and the fifth name can be on the
agenda for June 6.
Moved by Weir, seconded by Cavanaugh, to appoint Bob Mitchell, Beth Nielsen, Marilyn
Fortin . and Jeff Garthwait, and one further member to be appointed at the June 6t''
meeting, to the Citizen Committee to Facilities Master Planning Initiative. Motion
passed unanimously.
X. CITY ADMINISTRATOR REPORT
A. Schedule Summer Work Sessions
Adams asked about the date of budgetary work sessions. The Council decided on
Thursday, July 20, from 6-9 p.m. at City Hall.
Adams requested the August 15' and August 15tt' special council meetings be posted for
6 p.m. to accommodate discussion of the budgetary items.
Moved by Weir, seconded by Cavanaugh, to approve the three meeting additions and
changes, as requested. Motion passed unanimously.
Adams stated he will give the Council a summary of his City Administrator's Conference
at the next meeting.
B. Engineering Report
Kellogg stated due to the weather there has not been a lot of progress on current
projects.
Kellogg noted the contract was executed by Ryan Companies, and a preconstruction
meeting was held last Thursday. The outcome of that is the likely start date of public
improvements by Ryan will be around June 1. There are a variety of issues they need
to deal with on their site before they can get their subcontractors out there. He noted
there has been no change in the opening date of the first or second week of October.
Weir asked for an update on 185 Hamel. She indicated the catch basin does not catch
very much, and if it were not for the silt fence, water would run down onto the adjacent
property. Kellogg stated he will stop by there tomorrow.
Kellogg indicated the 185 Hamel site is from Hamel Road to Mill Drive. The control the
City has over the developers is limited to that site.
Kellogg stated all that can be required to do is provide some erosion control. The City
can make sure the sediments do not leave the site
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Weir stated she met Father Kevin with St. Anne's today. He indicated there is a loss of
trees and wants to know the plans for replanting.
Kellogg responded the only easement the City has is across the northeast part. The
City did provide some screening. He stated the City seeded and fiber -blanketed the
area for erosion control.
Weir stated Father Kevin intends to talk with parishioners about planting trees on church
property but he is not clear about the other property.
XI. MAYOR & CITY COUNCIL REPORTS
Workman noted the Lake Minnetonka Cable Commission is asking for a contribution for
a study on wireless high-speed internet and he would like the City to provide a
contribution. Wi-fi is something needed in the City and this study needs to be done.
Adams stated he received the request from LMCC today. He plans to put the item on
the June 6th meeting agenda for some sort of action. At this time he has not identified
what funds it would come out of.
Workman stated he would like Adams to let LMCC know the Council is interested in this
as a City, not that any money is committed at this point.
Smith suggested it would be nice to keep a file of all the newspaper articles written
about Uptown Hamel to be used in promotion of the area.
Batty brought up the tour of Wild Meadows with the Land Trust. The purpose of that
tour is because tonight there was supposed to be discussion about the turnover to the
Land Trust. As Robinson indicated, there were a number of mainly minor incursions into
the conservation easement. He wanted to make sure the Land Trust had a tour to see
what those incursions are.
Batty continued he does not want to hear the Land Trust does not want to take over the
easement because there are problems. He suggested the Council not address this until
the tour takes place, so the Land Trust can see all the minor incursions. He would like
staff to have the opportunity to tag along on the tour.
Batty stated it is important to ensure the tour is before June 20 because that is when the
discussion of conservation easements and management plans will be on the agenda.
XII. APPROVAL TO PAY THE BILLS
Moved by Weir, seconded by Cavanaugh, to approve the bills. order check numbers
029370-029443 for $870,138.49, and payroll check numbers 019899-019905 for
$29, 442.88. Motion passed unanimously.
XIII. ADJOURN
Moved by Smith, seconded by Cavanaugh, to adjourn the meeting at 9:45 p.m. Motion
passed unanimously.
Medina City Council Meeting Minutes
May 16, 2006
ruce D. Workman, Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
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Medina City Council Meeting Minutes
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