HomeMy Public PortalAbout10/07/2014 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 7, 2014
The City Council of Medina, Minnesota met in regular session on October 7, 2014 at
7:00 p.m. in the City Hall Chambers. Mayor Weir presided.
I. ROLL CALL
Members present: Anderson, Pederson, Martin, Martinson, and Weir.
Members absent: None.
Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
Tom Kellogg, City Planner Dusty Finke, Planning Consultant Nate Sparks, Public Works
Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary Carla
Writh.
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 (7:01 p.m.)
A. Approval of the September 16, 2014 Regular City Council Meeting Minutes
It was noted on page 2, Line 44, it should state, "Mark Ayotte, legal
counsel to the City regarding Mediacom, stated that he is was present to..." On page 3,
Line 5, it should state, "...Mediacom responded back with the* its own proposed map..."
On page 3, Line 7, it should state, "...entire city , and
through that process, Mediacom determined..." On page 3, Line 8, it should state,
"...that would be necessary to complete the build out,..." On page 3, Line 10, it should
state, "..to theif Mediacom's map and process." On page 3, Line 15, it should state,
"...City and afe-only that Mediacom only is pushing forward this option for build out of
9.91 miles in 2014." On page 3, Line 16, it should state, "...stated that theif its proposed
route..." On page 3, Line 32-33, it should state, "Anderson stated that the issue is that
the Council is presented with is that the Franchise Agreement statesd that there would
be 30 miles of build out but that now Mediacom is stating there a is 48 miles of
build out." On page 3, Line 35, it should state, "Ayotte agreed that there -is its a
difference between..." On page 3, Line 41, it should state, "...to a specific amount of
miles and but..." On page 4, Line 12, it should state, "...be considerate of theif its
dollars..." On page 4, Line 31, it should state, "elasefve preserve the rights..." On page
6, Line 35, it should state, "LMT-M11 A and we to authorize..." On page 6, Line 39, it
should state, "...a) Actual cost of build -out; and, b) Actual lineal..." On page 8, Line 21, it
should state, "...would be delayed until at least 2015 so..."
The Council asked staff to review the meeting recording relating to page 5, Lines 37-38
and correct as appropriate.
Moved by Martin, seconded by Anderson, to approve the September 16, 2014 regular
City Council meeting minutes as amended. Motion passed unanimously.
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V. CONSENT AGENDA (7:06 p.m.)
A. Approve Mediacom Sales Agreement for Service at City Hall
B. Resolution No. 2014-63 Recognizing Volunteers and Contributors to
Medina Celebration Dav
C. Resolution No. 2014-64 Accepting Donations for Medina Celebration Dav
D. Resolution No. 2014-65 Requesting Conveyance of Tax -Forfeited Land
Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:07 p.m.)
A. Comments from Citizens on Items not on the Agenda
Chris Hilberg of 4559 Trillium Drive North offered comments relating to the City's Zoning
Ordinances, noting that Minnesota State Law requires the City's Zoning Ordinance to be
consistent with its Comprehensive Plan. He stated the City's Comprehensive Plan
includes an Implementation Section that was used to create the Zoning Ordinances. Mr.
Hilberg pointed out that the Comprehensive Plan Implementation Section for land guided
as Mixed Use Business says that such land presumes a strong business component.
Weir noted that these comments relate to an item on tonight's agenda and should be
addressed at that time. Attorney Batty confirmed the finding of Weir that Mr. Hilberg's
comments clearly relate to an agenda item.
Justin Walsh, Hamel Brewing, thanked the Council for approving a tap room license and
asked the Council to consider creating a zoning classification for a brewery in the
Uptown Hamel area. He recommended requiring that 50% of the area be associated
with production. Mr. Walsh also asked the Council to consider Sunday sales as the
State law had been changed and the City's Sewer Access Charges (SAC), which are
currently seven times higher than what is charged in Maple Grove and Plymouth. Mr.
Walsh stated he is interested in bringing a brewery to Medina but the SAC rates are
hindering the start of their operation.
Weir thanked Mr. Walsh for his comments. She acknowledged that Medina's SAC do
not compare favorably with the more developed communities mentioned; however, the
City does have deferral programs that may be of assistance.
B. Park Commission
Scherer provided an update of the activity at the previous Park Commission meeting
including discussion of the Wakefield Trust Preliminary Plat and Woodland Hill Preserve
Preliminary Plat and recommendation to accept cash in lieu of land dedication. The
Park Commission also received a brief update on athletic fields.
C. Planning Commission
Finke stated the Planning Commission will meet the following week and consider the
City's Staging and Growth Plan as requested by the Council.
Weir explained staff had been directed to look at the Growth Staging Plan because the
Metropolitan Council had reduced the City's growth figures from 11,000 by 2030 to 9,000
by 2040, a decrease in population growth by almost 40%. Because the City preferred
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steady growth for budget and staffing purposes, staff was directed to even out growth
through this method.
VII. NEW BUSINESS
A. Dominium — Affordable Rental Townhomes — Mixed Use Stage I Plan
Review (7:15 p.m.)
Weir reviewed prior Council consideration of this application for Tax Increment Financing
(TIF) as well as zoning flexibility within a PUD for 32 affordable townhomes. In that
case, the City had a lot of legislative discretion in making decisions. Today, a new
application has been submitted for the same site that meets the intent of the
Comprehensive Plan and requirements of the Zoning Ordinance. Weir explained that
with a fully -conforming application, the Council has the least amount of discretion when
considering the application. This is a Stage I Plan Review. Its purpose is to consider
land use, general site layout, density, and provide direction on conformance with the
Comprehensive Plan and Zoning Ordinance. The applicant will then return with a
Preliminary Plat for Stage II Plan Review. Weir stated this application is for 26
townhomes, it is less dense, there is more open space, the garages are larger, and the
driveways are full length. No concessions are being sought from the City. This
application includes three design upgrades allowing seven units per acre. Weir noted the
official public hearing was held on September 9, 2014, with the Planning Commission so
tonight is not a public hearing but the Council welcomes public interest and will take
comments. Weir urged all to follow proper decorum and bear in mind the Council has
little discretion in reviewing a conforming application.
Sparks presented the application of Dominium for a Mixed Use Stage I Plan Review for
a proposed 26-rental townhome development located at 510 Clydesdale Drive on a
private internal drive with associated accessory improvements on approximately four
acres north of the Medina Entertainment Center. He stated the site is zoned Mixed Use
and guided Mixed Use Business. Sparks described the site's amenities and displayed a
map depicting the subject site, noting a City -owned parcel within this area that is not part
of this project.
Sparks displayed the layout concept, noting the units will range from two -bedrooms to
four -bedrooms, some having handicap accessibility. With regard to density, he stated
the City Attorney reviewed the Code discrepancy and found the applicant correctly
interpreted the language relating to density.
Sparks advised of setback distances and impervious percentages, noting all comply with
the requirements of the Mixed Use District. Guest parking would occur on the full-length
driveways and within designated parking spaces. In addition, the grading plan meets the
City's standards. Sparks pointed out the location of rain gardens, the wetland, setback
buffer, and presented the landscaping plan, noting all meet ordinance standards. In
addition, a sidewalk system is planned to provide for pedestrian circulation as required
by the Mixed Use District. Sparks then displayed exterior elevations of the proposed
buildings, noting each meets the ordinance standards for mix of building materials and
architectural features. He stated the Council is being asked to provide comments on this
Stage I Plan.
Weir asked Sparks to address two issues that have been recurring. The first issue is the
Mixed Use Business District and how it applies to small parcels. Sparks explained that it
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requires a minimum of 50% residential but not a minimum amount of commercial. He
noted that Attorney Batty had provided comments related to that issue. Attorney Batty
advised the issue was principally whether the Comprehensive Plan requires more than a
single use. He stated this is a project with only residential uses and the site is guided
Mixed Use Business. The question is whether it is a requirement there be more than
one use. Attorney Batty stated he found it was not required, it is permissive. This is the
same conclusion reached by staff, and the Planning Commission and the Council has
also agreed with that interpretation. Attorney Batty stated his conclusion that a single
use on a parcel with a Mixed Use designation is consistent with the Comprehensive Plan
and Mixed Use Ordinance.
Martin stated the Comprehensive Plan, Chapter 5, Land Use and Growth, includes a
definition of 'Mixed Use.' She read that definition, noting it underscores the
Comprehensive Plan is permitting one use on one parcel adjacent to a different use on
another parcel, all within the same Land Use Designated area. Attorney Batty concurred
and described mixes of uses that would be permitted in both the Comprehensive Plan
and Zoning Ordinance.
Weir stated the second issue that has recurred is the concern that multiple families could
live in one of the larger units. She invited Dominium to address that issue.
Jean Ferguson, Senior Vice President of Property Management with Dominium, stated
appropriate household sizes have been developed following HUD guidelines of two
people per bedroom. She indicated that multiple families and multiple earners would
likely not qualify at 60% of median income.
Weir asked whether inspections would occur to assure living arrangements. Ferguson
stated units would be inspected twice per year and in addition, State agency inspections
would occur. Ferguson stated Dominium does not want occupants who do not take
good care of the units.
Martin noted that pursuant to this policy, the maximum number of occupants for a three -
bedroom unit would be six regardless of age. Ferguson confirmed that was correct and
the occupants did not need to be related.
Nick Anderson, Senior Development for Dominium, concluded that a four bedroom
apartment could have up to eight people not family related. Ferguson stated the
occupants must still meet the 60% of median income restriction. She felt that many of
the units would be under occupied. Nick Anderson stated if Medina's ordinance
contained a different rule on the number of nonrelated occupants within one unit,
Dominium would implement that policy.
Martin stated the City has other residential projects and, with increased density, perhaps
the Council should study the relationship of occupants and what is reasonable. Attorney
Batty stated that could be considered but advised there is a lot of litigation and case law
related to that issue, as it is not easy to articulate.
Nick Anderson indicated Dominium's Albertville project has an average of 3.5 occupants
per unit and it is expected there would be similar family sizes in Medina. He noted
Dominium has designed the project to be compliant with the Zoning Ordinance and
consistent with the policies set out in the Comprehensive Plan. Anderson stated
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Dominium believes it is the right company based on its 42 years of experience in
affordable housing that had demonstrated its capacity to sponsor this type of project. In
addition, letters of support had been submitted from other communities in which
Dominium has worked. Anderson stated the income restriction is 60% of area median
income, or about $50,000 per year for a family of four. For reference, he advised there
are currently 335 Medina households that meet that income restriction, showing there is
need in Medina. It is expected the occupants will be working families with children. Nick
Anderson restated that Dominium had redesigned the project to make it compliant with
all regulations and consistent with the City's Comprehensive Plan. In addition,
Dominium is no longer requesting financial assistance or zoning changes. The project
had been reduced from 32 units to 26 units to assure it meets density, setbacks, and
impervious surface and drainage calculations. Mr. Anderson stated the project is 100%
compliant with Code and asked that Council approve the project.
Weir acknowledged receipt of letters from Larkin Hoffman, Chris Hilberg, and Craig
Theis.
Martinson asked staff whether the application does comply with all existing regulations
and conform with the Comprehensive Plan. Attorney Batty stated he believed this
project was consistent with the Comprehensive Plan and zoning. Sparks stated this
project meets the technical performance standards of the zoning district.
Martinson asked what discretion the Council has for changes, approval, and/or denial.
Batty advised that the Council's level of discretion is relatively narrow. He explained that
in a land use context, the Council operates legislatively. The previous version of the
application did involve a rezoning request, which is a legislative act. However, with this
application, the Council is not acting in a legislative capacity. Rather, it is a quasi-judicial
review and involves a lower degree of discretion.
Weir opened the floor for public comment at 7:50 p.m.
Mons Teig of 100 Clydesdale Trail, .#325, stated his support of the plan and involvement
of Interfaith Outreach and Community Partners (IOCP). He spoke on behalf of those not
present tonight, the future tenants who all have names, hopes, and dreams. He stated
the tenants are working to build a future for themselves and their children. He
suggested that refusing access to affordable housing is economic profiling. Teig also
spoke on behalf of retail and other businesses and referenced a StarTribune article
relating to whether affluent suburbs had done their fair share to increase affordable
housing stock. He urged the Council to approve the plan to house a small population in
the midst of an affluent population, showing support for those people.
Bob Belzer of Wild Meadows stated he is a new resident with a history in property
management and came to Medina to raise a family. He indicated he has been shocked
while attending prior Council and Planning Commission meetings to learn the City does
not have any current plan to deal with affordable housing, growth, or an inspection
program to provide guidance to owners of rental property. He stated he has discussed
this situation with City staff and suggested consideration of a moratorium to allow time
for the City to create a plan to address multifamily housing issues such as whether to
require a sprinkler system. Mr. Belzer asked the Council to look at its Comprehensive
Plan and make needed adjustments to create guidelines before this project gets off the
ground.
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Lorie Cousineau of 4587 Medina Lake Drive asked if the City had plans to initiate a
Crime Free Multi- Housing Ordinance. Police Chief Belland answered in the affirmative
and indicated it will require background checks.
Barb Geltzo of Albertville Meadows stated she has lived there for over a year, it is a
great place, Dominium is resident oriented, and she is proud to call it home.
Robert Franklin of 2819 Lakeshore Avenue spoke in support of the revised application
as it meets the Comprehensive Plan, zoning, and was unanimously recommended for
approval by the Planning Commission. In addition, Medina has a commitment for
affordable housing and there is a lack thereof. Mr. Franklin stated IOCP is a reputable
organization and if challenged in court, the City would probably lose. He felt the project
was within reason and there should be deference to property owners to do valuable
things for the City. Franklin stated this project will primarily serve working families who
may be those who serve us everyday through their occupation, their children will be
friends of our children, they will worship with us, and could be our children or relatives
and, at a different time, even us. Franklin stated if the occupants are doing what society
tells us to do, to be productive and serve, they should be able to afford a place to sleep
at night. He hoped they will be welcomed into Medina as were the 300 other families in
more affluent housing.
Rochelle Rossini, 850 Tuckborough Court stated the last time this was discussed,
residents had a petition of over 400 signatures finding this project was not a good fit for
this community as it would be next to a bar. In addition, a lady from Plymouth had said
that things were not all that great with Dominium's Plymouth project. Ms. Rossini stated
she wished the City could do some checking and follow up on who is living in the units.
There being no additional comments, Weir closed the public comment period at 8:05
p.m.
Weir stated the Comprehensive Plan review begins September 2015. It is updated
every ten years and projects forward 30 years. Weir stated this will be a thorough
process with many opportunities for public notice and input.
Martin noted that in the last few months, the Council has initiated re-evaluation of the
existing Staging and Growth Plan, based on reduced projections of the Metropolitan
Council with eye to change it to reflect the expected reduction in demand for housing.
Anderson stated he supports affordable housing and appreciates the comments made in
support of affordable housing and those it benefits. His only reservation is one of
location as he thinks it is not a great location for this project in Medina. He offered a
scenario where Dominium was already constructed with no bar or nightclub next door
and then having a bar owner approach the City to locate within 100 yards of the 26
townhome units. Anderson stated he does not think the City would hold that
conversation. He stated the Philosophy of affordable housing is a great idea, a sound
project, the philosophy of affordable housing is worthy of Medina, but he finds this site to
be of a poor location.
Pederson agreed the location is not ideal and he would not have picked that location, but
the City would be following the Comprehensive Plan by approving it. In addition,
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Attorney Batty has advised the Council has a narrow view of what it can consider.
Pederson stated he would like the project to be sprinkled to assure the occupants are
safe. He stated his support for the application, as it had dropped the request for the City
to absorb fees, because he does not want taxpayers burdened by those fees. Pederson
stated he supports the new layout.
Martin concurred with Pederson's comments.
Weir stated one of her concerns is the exit from the Ballroom parking lot and suggested
additional screening to block headlight intrusion into the units. She asked what
Dominium proposed in the way of play equipment within the increased open space (1/4
acre) for older children. Nick Anderson stated the playground shown to the north of the
clubhouse will include two structures. One structure would be for younger children and
the second structure would be more substantial for 5-12 year olds. Weir suggested
consideration of play equipment, such as a soccer goal, in the open space area for older
children. Nick Anderson stated Dominium would be willing to look at that option.
Weir suggested locating a fence along the berm, particularly in the northeast portion
where the berm drops off. She stated she had seen golf balls embedded into the berm,
wants to ensure golf balls do not become a hazard for residents, and also wants to limit
egress of residents to the golf course.
Anderson agreed with Pederson that according to the Comprehensive Plan, the
application is compliant.
Martinson stated she has nothing more to add or ask.
Pederson asked what will be done to address the Ballroom noise issue. Chief Belland
stated it will be handled the same as other noise complaints. If found to be too loud,
they will be asked to turn it down.
Weir stated all know that service people are needed in our community and should be
integrated.
Moved by Martin, seconded by Pederson, to direct staff to prepare a resolution based
upon the findings in the staff report and subject to the terms and conditions described in
the report to approve the Stage 1 Mixed Use Plan Review for the proposed townhome
development located at 510 Clydesdale Drive, with conditions noted in the staff report
correcting the last line of item 1 to indicate: shall `be' permitted, taking into consideration
the specific comments for additional screening along Clydesdale Drive; addition of
soccer nets, goals, or similar items to accommodate a 10-18 age range in the open
space; and, fencing to reduce impact of golf balls from the golf course into the northeast
corner of the site and minimize flow of pedestrian traffic from the site onto the goff
course. Motion passed unanimously.
Weir noted that two months ago, Target sent a note to the City Administrator indicating
they were short of employees, which shows there are jobs available within walking
distance of the proposed site. She thanked all who had participated in the discussion.
Weir declared a recess at 8:18 p.m. The meeting was reconvened at 8:22 p.m.
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B. Charles Cudd De Novo — Woodland Hill Preserve — Preliminary/Final Plat,
Variance, Rezoning
Finke presented the request of Charles Cudd DeNovo, LLC for Rezoning and
Preliminary/Final Plat approval for a 15-lot subdivision of 7.9 net acres that is guided
Low Density Residential and zoned RR-UR. This property is north of the Reserve of
Medina development site. A portion of the site was included in the approved Preliminary
Plat called "Fawn Meadows" that was considered and approved last year by the
Planning Commission and City Council but not yet enacted. Finke described the
location of a large wetland, wooded areas, and recommended the Council first consider
the request for Rezoning of the western site to R-1; then a Variance from maximum
permitted cul-de-sac length; and, finally concurrent Preliminary/Final Plat. Finke stated
the proposed density is 1.9 units/acre, or one unit short of meeting the minimum density.
However, the City can consider exceptions based on consideration of natural features
such as a tree preservation area (3/4 of an acre on this site). He stated the Rezoning to
R-1 is consistent with the Comprehensive Plan and the lots meet R-1 standards.
Finke explained that at the Planning Commission meeting, concern was raised relating
to street frontage for Lot 15. Subsequent to that meeting, the applicant reached
agreement with the abutting property owner to create the needed frontage on a public
street for that lot. Finke stated the variance request is for the cul-de-sac length, noting it
could serve 20 lots but only 14 houses are proposed to be constructed along its length.
Finke stated a comment was made at the public hearing about the point of egress exiting
the Reserve being one lane in and one lane out. It was suggested to widen that point to
allow for left and right turns. The City Engineer is currently looking at that option.
Finke stated the project proposes to remove 50% of the trees on the total subject site.
The applicant is requesting a partial waiver from the full replacement requirements in
recognition that in order to develop at two units per acre, it would require a substantial
amount of tree removal. He noted the City has considered similar tree removal waiver
requests in the past. Finke explained staffs analysis of this request and option to realign
the lots to create larger areas of tree preservation. That design option would lower
replacement to 1747 inches and do the most to save trees yet develop single family at a
density of two units per acre. Finke explained the applicant found that design option
would disadvantage the development and proposed an analysis considering only the
western site. He stated in that example, it would require 617 inches of replacement
trees. The Planning Commission considered the request for the tree preservation waiver
and recommended a compromise to require 1200 inches of replacement trees.
Pederson asked about the location of access and suggestion for turn lanes. Finke used
a map to point out the location and described the need for dedicated turn lanes. Kellogg
stated staff is looking at the location of existing utilities and topography to determine
whether the road could be widened to create space for an additional lane. He noted
there may be additional points for road connection when future applications are
considered.
The Council discussed the number of existing houses, points of access, and existing
right-of-way. It was agreed it would be an advantageous to create the additional turn
lanes.
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Martin stated she has a lot of questions on the issue of tree preservation. Anderson
stated he also had questions relating to that issue.
Rick Denman of Charles Cudd DeNovo thanked the Council and staff for taking time to
review this application, noting that Cavanaugh already has an approved Plat for Fawn
Meadows. Denman stated they reviewed the City's specific criteria relating to saving
trees on a site and based on that review, came up with another option for saving trees.
He stated this is a small and difficult wooded site to develop but to save trees, they
proposed a cul-de-sac, which eliminates two lots. He stated he thinks that is the right
thing to do and that the Council should support that design option.
Weir stated preservation of trees between houses and County Road 116 will enhance
the value of the properties. She asked if there will be a Homeowners Association
associated with this development. Mr. Denman stated they assume there will be but it
would not encompass a complicated situation except for a common irrigation system and
entry monument with plantings.
Weir noted that Watershed Districts are increasing requirements to improve water quality
and evaluating storm ponds every five years. She stated most often a homeowners
association would monitor that type of thing. Mr. Denman stated the developer will
consider that issue.
Weir asked about Lots 12 and 13 that have a steep hill and whether additional trees can
be saved. Mr. Denman stated a retaining wall will be constructed to retain as many
trees as feasible. Weir asked if more trees could be saved if there were more lookout
designs rather than walkout designs. Mr. Denman stated that is not the case because of
natural slopes that create walkout opportunities.
Anderson asked if the Park Commission recommended taking fees in lieu of land
dedication. He stated with the Reserve, the City took cash in lieu of land dedication,
which is the second consecutive consideration for cash. Finke stated it was actually the
third time the City had taken cash in lieu of land. He stated the Park Commission felt the
cash could be used to support a park opportunity. Martinson stated the Park
Commission has a Park Plan that calls for a park every few miles so one is always within
walking distance. Taking cash in lieu of land means the Park Commission has assessed
and found there is adequate park space.
Weir stated the residents may be technically within the park radius; however, it is located
across from County Road 116. She suggested staff look at how to accomplish a park
location on this side of County Road 116. Anderson supported that suggestion. Finke
stated the Park Master Plan has goals of one-half mile to one -mile distances and this
property is outside of that distance regardless of County Road 116.
Finke answered questions raised by Martin relating to Tree Preservation Ordinance
requirements. Martin noted a waiver on tree replacement is at the full discretion of the
Council on a case -by -case basis and the applicant is eligible only if instituting best
management provisions. Finke reviewed the best management provisions and
explained there can be a partial waiver.
Martin stated the language indicates replacement trees can be planted in an alternate
location and asked if the Council would select that location. She also asked whether
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additional replacement can be required for removal of significant old growth trees.
Pederson stated the density required by the Comprehensive Plan and the Metropolitan
Council results in removal of trees. Martin agreed that trees need to be removed but she
was considering what level should be required for replacement.
Anderson stated this is a tremendous forested area and asked if the replacement is
type -for -type. Finke indicated it is not. Martin noted it does require replacement with
native tree species. Weir stated there are areas of opportunity to use the replacement
trees within the City and if they cannot all be used, there could be a monetary
consideration for the environmental fund.
Martin asked staff to calculate the actual tree replacement requirement. Finke stated it
would be 2400 inches if inch -for -inch and 4800 inches if old growth trees.
Martinson stated a lot of the tree removal is necessary to accommodate larger
equipment onto the site to level the ground and construct the houses. She noted that
once the houses are in, it may be possible to replace the trees on site. Finke agreed but
noted it would be a small amount considering the requirement for replacement.
Weir stated support for the recommendation of the Planning Commission, finding it to be
a reasonable compromise as it preserved a section of trees in the western section.
Charles Cudd, applicant, asked what the incentive would be to reduce the number of lots
from 17 to 15, noting if the road goes straight through, there would be 17 lots. He
explained that from the two additional lots, they would realize $500,000 of gross revenue
in addition to the gross profit on two houses. He stated that would be much preferable
from a business perspective as it costs $100 per inch for tree replacement. Cudd stated
they have scaled back the project, will plant boulevard trees and replacement trees, and
are looking for cooperation in calculating replacement.
Pederson asked whether custom grading would save additional trees. Kellogg stated it
is already planned to custom grade five treed lots. Denman stated this is not a flat site
so mass grading is required to resolve drainage issues. He noted the number of custom
graded lots has changed and is now two.
Weir asked whether the Council supported the Planning Commission recommendation
for approval of the Variance and Rezoning with conditions and tree replacement at one-
to-one (1200 inches). She noted tree preservation is incompatible for development of
sewered districts, unless it includes a preservation agreement. Anderson stated he
found 1200 to be too low but he could live with it. He recognized the applicant has done
everything possible to save trees. Pederson supported the recommendation of the
Planning Commission.
Martin stated she knows this applicant builds a beautiful development but before making
a reasonable decision on an appropriate waiver, she wanted to ensure she was correctly
reading the ordinance relating to the calculation for tree replacement and the Council
was following the ordinance. Anderson asked if the base number should be larger than
being reflected. Martin stated she thinks it is almost double from what is presented in
the staff report if this is an old growth forest. In addition, she did not know whether the
Planning Commission recommendation was well reasoned.
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Cudd stated the Planning Commission followed the spirit of the ordinance by the fact it
considered two design options and favored the 15-lot proposal. He stated the Planning
Commission looked at 1000 inches and then at the last meeting a Commissioner
suggested 1200 inches.
Anderson asked whether a variance would be required if 1200 inches were replaced.
Finke stated it is not, as the ability for a waiver is written into the ordinance. Mr. Batty
advised of the difference between waivers and variances, noting that standards for
considering the waiver have to be included and that is based on implementation of best
management practices.
Martin suggested calculating tree replacement according to the ordinance and then
walking through the best management practices before considering whether or not to
grant a waiver.
Dave Nash, EVS Engineering representing Charles Cudd, stated this is the first he has
heard of applying a two -to -one requirement for old growth forest. Anderson stated he
finds there is not another stand of forest such as this in Medina. Nash felt the Fields of
Medina West had a similar stand of forest. Weir stated the Fields of Medina forest is two
acres and of moderate quality wetland.
Anderson stated if the real number is 4800 inches and the Planning Commission has
recommended a 1200-inch replacement, he would ask if it would have changed
anyone's thoughts about that recommendation. Martin stated she would like to review
the replacement requirement for Fields of Medina to see what it would yield in this case.
Martinson asked whether staff is being asked to prepare that analysis. Martin stated she
would like to know, pursuant to the ordinance, the caliper inch replacement and then to
run the calculation of waiver used for the neighboring property, the one proposed by the
applicant, and the Planning Commission's calculation. Finke explained the calculation
for tree replacement is always calculated on a percentage basis so that would not impact
the extent of waiver percentage.
Martinson asked what is the total financial impact if calculated at $100 per inch and how
it compares to the revenue realized by the sale of the lots and homes. Cudd stated they
already have approval for 11 lots so instead they would go with that Plat. He suggested
the City consider purchasing the property at $500,000.
Weir noted there is time for the Council to consider this at the next meeting. Anderson
supported staff looking at the numbers again to assure it is properly calculated. Finke
stated if this is the only open issue, he would suggest considering this one item at the
next meeting and inserting the agreed upon number into a prepared resolution.
Moved by Anderson, seconded by Martin, to direct staff to prepare the following
documents based upon the findings in the staff report and subject to the terms and
conditions described in the report and subject to the terms and conditions of
amendments made this evening: (1) Ordinance rezoning the subject property to the R-1
Zoning District. Motion passed unanimously.
Moved by Anderson, seconded by Pederson, to direct staff to prepare the following
documents based upon the findings in the staff report and subject to the terms and
Medina City Council Meeting Minutes 11
October 7, 2014
conditions described in the report and also described in the amendments made this
evening: (1) Resolution granting Preliminary and Final Plat approval, along with (2) a
variance to the maximum allowed cul-de-sac length. Motion passed unanimously.
Moved by Anderson, seconded by Martinson, to direct staff to prepare the following
documents based upon the findings in the staff report and subject to the terms and
conditions described in the report and discussed this evening with the exception of the
tree ordinance waiver: Resolution granting Preliminary and Final Plat approval of the
Woodland Hills Preserve.
Martin offered a friendly amendment to specifically acknowledge that Condition 9 in the
staff report regarding tree replacement would be ultimately decided at the time the
Resolution is considered; and, amending Item 12 (which requires the applicant to record
homeowner's association documents that describe responsibilities for maintenance of
stormwater improvements, wetland buffers, and lawn irrigation systems), to add: The
document shall also describe the requirements of the Tree Preservation Ordinance post -
development and safeguard mature trees that are not removed in the initial development
of the property, as done in Wild Meadows and other places.
Anderson and Martinson accepted the friendly amendment. Motion passed
unanimously.
C. Farhad Hakim — 22 Hamel Place Apartment Complex — Site Plan Review
Sparks presented the application of Farhad Hakim for a Site Plan Review of an eight -unit
two-story apartment building located at 22 Hamel Road. This vacant site is located at
the northeastern corner of Hamel Road and Brockton Lane, south of the railroad tracks
and guided in the Comprehensive Plan for Mixed Use Business. This site is zoned
Uptown Hamel-2 (UH-2). Sparks advised of performance standards required in this
District and presented a colored slide depicting exterior elevations and architectural
features. He reviewed density calculations and parking requirements, noting two areas
of landscaping within the parking lot had been incorporated at the recommendation of
the Planning Commission. Sparks then pointed out the drainage and public easement
that is proposed to be vacated as part of this application. With regard to significant
trees, a number would need to be removed so the applicant would be required to replace
72 inches of trees, which would occur within the site. He referenced comments by the
City Engineer that the applicant will be required to meet. Sparks stated the Planning
Commission recommended approval of the revised submission.
Weir expressed concern with the survivability of trees within such small raised islands in
the parking lot. She preferred a more formal landscape plan that included description of
trees and plantings. Sparks explained that staff has not had time to review the formal
landscape plan. Martin agreed with the need for a formal landscape plan, finding the
application is not complete without it. Weir felt landscaping would be important to soften
the aesthetics of this large -sized building on a narrow parcel.
Stan Ross, architect representing the applicant, stated a formal landscaping plan was
submitted as requested by the Planning Commission. Sparks stated staff has not yet
had time to review that formal plan.
Medina City Council Meeting Minutes 12
October 7, 2014
The Council reviewed the setbacks and requirements within the Uptown Hamel area.
Martin asked why a smaller building was not designed that would meet Code
requirements. She stated the building appeared to be too large for this site.
Kellogg stated a ten -foot easement currently exists and the recommendation is for a
compromise to reduce it to an eight -foot easement with the developer installing a
concrete pipe. He explained that technically, the building could be constructed up to the
ten -foot easement but then the pipe would not be replaced. Finke stated the building
meets the setback on the eastern side but encroaches on the easement.
Ross stated this developer manages other rental properties in Minneapolis and St. Paul
but this is his first rental building to construct. If approved, it will be managed by the
developer's company.
Anderson asked whether the impact of trains and train noise was considered. Ross
stated the developer is comfortable with the building location, noting the garages will be
on that side as well as additional plantings. Anderson stated residents of the Enclave, a
mile to the south, complain about the 3:10 a.m. train whistle.
Pederson asked the City Engineer for his preference on the easement, type of pipe, and
setback. Scherer stated if the building moves closer to the easement, staff supported
replacing the existing plastic pipe with a stronger concrete pipe. Kellogg agreed and
stated he would recommend giving up two feet of the easement and requiring the
developer to install a concrete pipe.
Pederson asked whether this building will be sprinkled. Ross answered in the
affirmative.
The Council acknowledged that lot configurations within Uptown Hamel are not of a
uniform size or consistent arrangement.
Pederson felt the current proposal lacked design interest and asked about the City's
ability to require exterior enhancements, such as decorative windows and enhanced
garage doors. Ross stated the building exterior would have 40% brick, cement board
siding, and architectural asphalt shingles. Martinson indicated she found the exterior
elements to be acceptable.
Weir opened the public hearing on the easement vacation at 10:00 p.m. There being no
comment, Weir closed the public hearing at 10:01 p.m.
Moved by Martin, seconded by Anderson, to direct staff to prepare a resolution of
approval for the Site Plan of 22 Hamel Place Apartment Complex in its amended form
based upon the findings in the staff report and subject to the terms and conditions
described in the report, with two modifications: (1) the landscaping plan reviewed in
detail by staff for compliance with Code requirements with an eye to working with the
developer to soften the impact of the building along the streetscape in Uptown Hamel;
and, (2) the plantings in the parking lot be something other than trees as trees would not
survive beyond the required warranty period. Motion passed unanimously.
Moved by Martin, seconded by Pederson, to approve partial vacation of the drainage
and utility easement along the east side of the property from 8 feet to 10 feet,
Medina City Council Meeting Minutes 13
October 7, 2014
conditioned on the developer, at his expense, replacing the storm sewer pipe with a
concrete pipe meeting the standards of the Public Works Director and Engineer.
The Council agreed with the suggestion of Weir for staff to also address landscaping on
the easement to the east post -project. Motion passed unanimously.
VIII. CITY ADMINISTRATOR REPORT (10:04 p.m.)
Johnson advised of upcoming meetings to address the Highway 55/116 intersection
project. He indicated that the 1-94 West Chamber is creating a subgroup for Medina
businesses. The City will post those meeting dates, which are expected to start in
November, to its website. Johnson stated either he or Jodi Gallup will represent Medina
at those meetings.
IX. MAYOR & CITY COUNCIL REPORTS (10:05 p.m.)
Anderson reported on the Fire Department open house held this past Saturday.
Pederson stated he also attended the Fire Department open house. He reported that a
resident on Chippewa West may bring forward his concern relating to the train whistles
and gates. Pederson also commented on the success of Medina Celebration Days and
described his ride along experience during which the Hamel Fire Department responded
to a lightning strike but no fire.
Weir stated she attended the Hamel Fire Department open house.
The Council supported the suggestion of Weir to ask staff to correct the net/gross acre
calculation with the Dominium application in due course.
X. APPROVAL TO PAY THE BILLS (10:08 p.m.)
Moved by Martinson, seconded by Anderson, to approve the bills, EFT 002798E-
002818E for $62, 529.12, order check numbers 041831-041912 for $286, 761.48, and
payroll EFT 505915-505947 for $45, 222.13. Motion passed unanimously.
XI. ADJOURN
Moved by Martin, seconded by Pederson, to adjourn the meeting at 10:09 p.m. Motion
passed unanimously.
Attest:
<J
C
Administrato
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Johnson, y
g20
eth Weir, Mayor
Medina City Council Meeting Minutes 14
October 7, 2014
ORDER CHECKS September 17, 2014 - October 7, 2014
041831 HARI, VINOD $400.00
041832 JAIN CENTER OF MN $150.00
041833 KENYON, TANEAL $150.00
041834 LEN BUSCH ROSES $150.00
041835 MATTAMY MPLS PRTNSHP $20,000.00
041836 NORTON HOMES $10,000.00
041837 SAM'S CLUB $24.32
041838 STREED, SCOTT $150.00
041839 CRAIG RAPP, LLC $1,200.00
041840 US HOME CORP $10,000.00
041841 MATTAMY MPLS PRTNSHP $60,000.00
041842 NAPA OF CORCORAN INC $136.04
041843 NORTON HOMES $10,000.00
041844 ALLSTAR ELECTRIC $1,136.00
041845 ANNANDALE TACTICAL TRAINING CT $475.00
041846 AUTOMATIC SYSTEMS CO $951.95
041847 BARBARA SCHNEIDER FOUNDATION $150.00
041848 BERGERSON CASWELL INC $2,635.00
041849 BIFFS INC $428.00
041850 BLACK HILLS AMMUNITION INC $3,890.00
041851 BLUE CROSS BLUE SHIELD OF MN $26,831.00
041852 BOYER FORD TRUCKS INC $45.12
041853 BRYAN ROCK PRODUCTS $610.20
041854 BUDGET PRINTING $170.94
041855 CENTRAL HYDRAULICS INC $560.49
041856 CENTURYLINK $732.88
041857 CIRCLE V SPECIALTIES, INC $7,911.00
041858 CRYSTEEL TRUCK EQUIPMENT $710.00
041859 CVS WHOLESALE FLAGS $350.45
041860 DESIGNING NATURE, INC. $26,518.00
041861 DITTER INC $565.62
041862 EARL F ANDERSEN INC $965.00
041863 ENGEL WATER TESTING INC $320.00
041864 ESS BROS. & SONS, INC $265.00
041865 FEHN COMPANIES INC $232.20
041866 FERGUSON ENTERPRISES INC $52.28
041867 FORCE AMERICA INC $1,448.17
041868 GOODIN COMPANY $65.09
041869 GRAINGER $120.46
041870 HAKANSON ANDERSON ASSOCIATES I $500.00
041871 HD SUPPLY WATERWORKS LTD $486.12
041872 HENN COUNTY CORRECTIONS $624.00
041873 HENN COUNTY INFO TECH $1,159.73
041874 HENRYS WATERWORKS INC $172.92
041875 HIGHWAY 55 RENTAL $939.22
041876 HOLIDAY FLEET $775.56
041877 JOHN DEERE LANDSCAPES $47.27
041878 KD & COMPANY RECYCLING INC $113.46
041879 KENNEDY & GRAVEN CHARTERED $11,480.95
041880 KRAEMER MINING AND MATERIALS $5,026.39
041881 LANO EQUIPMENT INC $699.29
041882 LEAGUE OF MINNESOTA CITIES $0.00 *Reissue as two separate vendors
041883 LUTHER BROOKDALE CHEVROLET $968.86
041884 MADISON NATIONAL LIFE $559.46
041885 CITY OF MAPLE PLAIN $14.80
041886 MATHESON TRI-GAS INC $15.20
041887 METRO AREA MGRS ASSN $30.00
041888 METRO ELEVATOR INC $170.00
041889 MN BUREAU OF CRIMINAL $115.00
041890 MN RURAL WATER ASSOC $125.00
041891 NAPA OF CORCORAN INC $32.26
041892 OFFICE DEPOT $50.34
041893 PREMIUM WATERS INC $27.09
041894 RANDY'S SANITATION INC $205.75
041895 RDJ SPECIALTIES, INC. $114.83
041896 SCHERER, STEVEN $150.00
Medina City Council Meeting Minutes 15
October 7, 2014
041897 MARK OR COLLEEN SIVETS $265.07
041898 ST PAUL STAMP WORKS INC $88.82
041899 STREICHER'S' $4,833.76
041900 SUPPLY SOLUTIONS LLC $313.56
041901 SYMBOLARTS $165.00
041902 TEGRETE CORP $1,542.00
041903 TIMESAVER OFFSITE $359.50
041904 TITAN MACHINERY $66.63
041905 TOWMASTER $555.36
041906 TWIN CITY GARAGE DOOR $260.50
041907 TWIN CITY STRIPING $13,886.89
041908 WESTSIDE WHOLESALE TIRE $1,392.98
041909 WSB & ASSOCIATES $47,630.00
041910 ZEE MEDICAL SERVICE $32.70
041911 LEAGUE OF MN CITIES $40.00
041912 LEAGUE OF MN CITIES INS TRUST $225.00
Total Checks $286,761.48
Electronic Payments September 12, 2014 — October 2.2014
002798E KONICA MINOLTA $168.48
002799E CENTERPOINT ENERGY $203.03
002800E PR PERA $12,366.13
002801E SELECT ACCOUNT $3,606•58
002802E MINNESOTA, STATE OF $1,907.00
002803E PR FED/FICA $13,878.94
002804E PR MN Deferred Comp $1,000.00
002805E PR STATE OF MINNESOTA $3,011.37
002806E SELECT ACCOUNT $465.00
002807E CITY OF MEDINA $18.00
002808E FARMERS STATE BANK OF HAMEL $20.00
002809E DELTA DENTAL $2,230.44
002810E PITNEY BOWES $1,000.00
002811E MEDIACOM OF MN LLC $219.90
002812E CIPHER LABORATORIES INC. $4,753.00
002813E WRIGHT HENN COOP ELEC ASSN $1,783.37
002814E SELECT ACCOUNT $1,864.28
002815E XCEL ENERGY $13,591.23
002816E MEDIACOM OF MN LLC $219.90
002817E KONICA MINOLTA $168•48
002818E FRONTIER $53.99
Total Electronic Checks $62,529.12
PAYROLL DIRECT DEPOSIT September 24, 2014
505915 ALTENDORF, JENNIFER L. $739.10
505916 ANDERSON, JOHN G. $230.87
505917 BARNHART, ERIN A $1,896.78
505918 BELLAND, EDGAR J. $2,346.39
505919 BOECKER, KEVIN D $2,407.00
505920 CHORLEY, LUCINDA $110.82
505921 CONVERSE, KEITH A. $1,684.47
505922 DINGMANN, IVAN W. $2,140.98
505923 DOMINO, CHARMANE $1,676.25
505924 FINKE, DUSTIN D $2,169.34
505925 GALLUP, JODI M. $1,563.44
505926 GLEASON, JOHN M $1,673.17
505927 GREGORY, THOMAS $1,770.10
505928 HALL, DAVID M $1,950.82
Medina City Council Meeting Minutes 16
October 7, 2014
505929 HUNZ, MATTHEW E $617.25
505930 JESSEN,JEREMIAH S. $1,937.36
505931 JOHNSON, SCOTT' T $2,175.99
505932 KLAERS, ANNE M. $666.53
505933 LANE, LINDA $1,440.69
505934 LEUER, GREGORY J $1,926.40
505935 MARTIN, KATHLEEN M $230.87
505936 MARTINSON, MELISSA $230.87
505937 MCGILL, CHRISTOPHER R. $1,697.78
505938 NELSON, JASON $2,103.37
505939 PEDERSON, JEFF $221.28
505940 PETERSON, DEBRA A. $1,536.56
505941 REINKING, DEREK M $1,666.95
505942 SCHERER, STEVEN T $2,264.43
505943 VIEAU, CECILIA M $1,174.79
505944 VINCK, JOHN J. $1,829.65
505945 WEIR, ELIZABETH V $327.07
505946 WENANDE, BRANDON S. $593.35
505947 WHITE, JANET $221.41
Total Payroll Direct Deposit $45,222.13
Medina City Council Meeting Minutes 17
October 7, 2014
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October 7, 2014