HomeMy Public PortalAbout11/05/08 CCM453
MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 5, 2008
The City Council of Medina, Minnesota met in regular session on November 5, 2008 at
7:00 p.m. in the City Hall Chambers. Mayor Crosby presided.
I. ROLL CALL
Members present: Crosby, Cavanaugh, Smith, Weir, and Johnson.
Members absent: None.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed
Belland, Planning Director Tim Benetti, Public Works Superintendent Steve Scherer,
City Administrator Chad Adams and Recording Secretary Carla Wirth.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
The agenda was accepted as presented.
IV. APPROVAL OF MINUTES
A. Approval of the October 21, 2008 Special City Council Meeting Minutes
Moved by Smith, seconded by Weir, to approve the October 21, 2008 special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the October 21, 2008 Regular City Council Meeting Minutes
The following changes were requested: Page 1, Line 14, delete City Engineer Tom
.ICeNegg, Page 2, Line 22, "Any hardship, difficulty..." Page 6, Line 17, "Crystal Bay area
of Orono..." Page 8, Line 2, "...stood under the working turbine..." Line 5, "fence is 600
feet distant from the wind turbine..." Line 46, "City's water tower resulting in the wind
turbine not being economically feasible." Page 10 Line 46, "Smith asked what
"maintained" means and if the City..." Page 15, Line 31, "...should work with the
graphic artist on a fee basis to make..." Line 47-48, "...they can instruct the farmer on
how to do it." Page 16, Line 3-4, "The TMDL Board want to......" Line 25, "Weir stated
the Lake Sarah..." Line 45 "Weir asked staff to provide a cost analysis comparing the
City's work versus a third party contractor for the Willow ..."Line 49, "...depending on
the effect of reduced truck traffic." Page 17, Line 9, "...some actions will be delayed."
Moved by Smith, seconded by Weir, to approve the October 21, 2008 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Resolution Granting an Amended Conditional Use Permit, to Three Rivers
Park District for a 560 Sq. Ft. Bathroom Addition at the No. 2 Bathroom at
Baker Park Campground Located at 2309 County Road 19
B. Resolution Granting Approval of a Waiver to the Setback Requirement of
the Driveway Ordinance for the Construction of a Driveway at 2325 Pioneer
Trail
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C. Approve Contract Renewal with Embedded Systems, Inc.
D. Approve Public Works Sander Replacement
E. Resolution Certifying Delinquent City Charges for Services to the Hennepin
County Auditor for Collection in 2009
Moved by Johnson, seconded by Smith, to approve the Consent Agenda. Motion
passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Madeleine Linck stated the Park Commission has not met since the
last Council report. At their meeting in two weeks, the main discussion item will be the
potential construction of a concession stand and its operation.
C. Planning Commission
Planning Commissioner Victoria Reid stated the Planning Commission made a
recommendation relating to the commercial zoning district ordinance, which the Council
will consider tonight. The Commission will continue discussion on the general business
land use ordinance.
VII. OLD BUSINESS
A. Hennepin County Public Works Facility —1600 Prairie Drive — Amendment
to Planned Unit Development General Plan for the Construction of a Wind
Turbine Tower and Civil Defense Siren Tower
Crosby explained the action that would normally take place at this meeting, is to hear all
of the information available and direct staff to prepare a resolution, for or against, to be
considered at the Tuesday, November 18, 2008, Council meeting. It is not anticipated
that final action will take place tonight.
Smith stated normal procedures would be to place that resolution on the consent
agenda at the next meeting so it would not be a regular agenda item. Crosby agreed
that is the customary standard but the Council could remove the resolution from the
Consent Agenda if there is interest.
Crosby advised of the meeting process that would be followed tonight to receive the
staff report, comment by County representatives, public input, Council debate, and
determination. He noted that tonight is not technically a public hearing, which is held at
the Planning Commission level, but that does not mean the audience cannot address
the Council. Crosby presented the legislative history of the wind turbine consideration in
Medina by listing the dates of meetings held and area of notification for each. He
informed the audience how it can obtain meeting agendas and draft meeting minutes.
Benetti stated the application before the Council is from Hennepin County for a PUD
amendment to allow construction of a single wind turbine and installation of the civil
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defense tower of 55 feet or less. He displayed a site plan identifying Option 1 and
Option 2 sites, the office facility, parking lot, and storage areas.
Crosby explained that in 1995, Hennepin County developed its maintenance facility to
store trucks and has ultimate plans to continue the structure as additional space is
needed.
Benetti described the location for the Option 2 site, which was the preferred site but due
to shadowing effect with the sheriffs tower, Hennepin County revised its request back to
the Option 1 site. The current sheriffs tower is about 420 feet high. Benetti displayed
an aerial photograph of the site and noted the proposed location of the wind turbine,
which would be equipped with a generator capable of producing 1,500 to 2,100 kilowatts
of power, or 1.5 to 2.1 megawatts (MW). With either the 1.5 or 2.1 MW wind turbine,
the hub height is 262 feet from the base to the upper generator. The overall height for
the 1.5 MW is 369 and for the 2.1 MW is 407 feet. The 1.5 MW wind turbine is
equipped with a rotor diameter of 256 feet versus 289 feet for 2.1 MW turbine. The rate
of capacity wind speed is 26.4 for the 1.5 MW versus 33.1 for the 2.1 MW turbine. The
cut out wind speed at which the wind turbine would shut down is 45 mph. The maximum
wind speed both wind turbines can sustain is 100 mph. The proposed wind turbine
meets MPCA standards for residences located at least 623 feet away and the 2.1 MW
meets the standard at 850 feet for noise standards. The American Wind Energy
indicates that a typical wind farm issues 35-45 decibels; however, from a distance of
750-1,000 feet, a wind farm is no noisier than that of a refrigerator, 5 decibels. The
application for Hennepin Countyis for one wind turbine.
Benetti displayed an aerial view of the site, noting the location and distance of adjacent
properties. He explained the Public Utilities Commission (PUC) has standards for
implementation. In 1995 the Minnesota Legislature enacted the Wind Sighting Act
establishing jurisdictional thresholds for PUC to allow for Large Wind Energy Conversion
Systems (LWECS). In 2005, the Legislature transferred the site permitting for WECS (5
MW or more) to the PUC. However, small WECS are permitted by local units of
government (county or city level). In 2007, the amendment established definitions and
procedures and allowed for LWECS of 25 MW or less to be permitted by counties and
cities and the PUC could establish additional permit standards. This amendment was
affirmed in January of 2008. With regard to the PUC findings, the DNR requested a
1,000-foot setback from wetlands, PUC retained the finding that no wind turbines can be
placed in wetlands with no setbackrequirements. However, Medina adopted a wetland
ordinance so it will need to provide wetland setback and buffer standards as part of the
project. Benetti explained the wind access buffer setback and internal turbine spacing
requirements by PUC.
Johnson asked if the setback would be about 1300 feet. Benetti stated that is correct
from one turbine to another turbine from a predominant wind direction.
Benetti explained with setbacks from the roads and trails, the DNR requested setbacks
equal the height of the turbine. The PUC held the current 250-foot setback but would
consider review on a case -by -case basis. Benetti reviewed Attachment A that listed the
setback requirements for wind farms of 5 MW or larger. He presented additional permit
standards for wind turbines that are 5 MW or higher, noting these standards do not
apply to the current request, but can be considered as additional standard requirements,
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if desired. He noted that some of the standards will be met by the Hennepin County
turbine.
Benetti reviewed standards for waste removal, tree protection, site restoration,
hazardous waste storage, and public safety to provide educational materials, upon
request, and information on any hazards or restrictions associated with the turbine. Also
included are standards for a fire protection and emergency plan, native prairie
restoration, electromagnetic interference required as part of federal communication
standards and is very detailed, turbine lighting as part of FAA standards, pre -
construction biological preservation survey, archeological resource survey and
consultation, site plan requirements, extraordinary events, and complaints. Benetti
stated a preconstruction meeting, as -built plan, and decommissioning plan will be
required as conditions.
Cavanaugh asked if a condition of approval would require the turbine to be
decommissioned once the useful life is spent. Benetti stated that is addressed in the
report and 12 months is allowed.
Crosby asked which standards are not met by this proposal and stated that in order to
move forward, the City Council will need to be satisfied that these standards are met.
Benetti stated in his overview with Hennepin County today, they indicated most
standards are doable.
Benetti presented a map depicting the one -mile notification area around the Hennepin
County site, advising that mailed notice had been sent out three times to those
residents.
Smith stated one of the notifications offered residents the opportunity to go to Northfield
to tour that wind turbine facility. Benetti explained that notice is required to properties
within 350 feet; however, the Planning Commission asked staff to notify everyone in the
City and City Council directed mailed notice to go one mile out. That was done plus
notice was published in the Crow River News.
Benetti read staffs 17 recommendations for conditions as detailed in the November 5,
2008, staff report.
Carl Michaud, Hennepin County Director of Environmental Services, reviewed their
proposal and summarized key points. He stated this has been a long process and a lot
of questions have been raised by the City Council, Planning Commission, and citizens at
public meetings and hearings. He stated they have done their best to respond to the
questions. He emphasized they are willing to work with the City Council and if other
questions or issues arise, will explore them and address conditions raised by Benetti.
Michaud advised that Hennepin County spent $7.2 million on electricity in 2007, a major
budget item, and has an aggressive conservation program. To reduce costs, they
cooperate with utilities, have relamped facilities, and use different motors to reduce
electrical use. Also, they know renewable and distributed generation will play a larger
role in the future. There is a strong desire by County Commissioners to be leaders on
those items and they are looking at alternative energy for County buildings, assure
adequate power for all buildings and facilities, assure it is reliable power and cost
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effective, and will reduce environmental impacts from their current facilities. Michaud
commented on growth of Hennepin County facilities and explained they are taking a
long-term view in how to power their facilities. He advised their currently facility uses 2.6
MW hours of electricity and they think that will increase. In 2007, the State Legislature
passed the Next Generation Energy Act to establish stringent requirements on utilities.
for adding renewable energy to their power system and reducing greenhouse gases
produced by power generators in Minnesota. He presented a slide showing greenhouse
gas reduction goals of 15% by 2015; 30% by 2025; and 80% by 2050. Renewable
energy must supply 25% of the electricity in Minnesota by 2025. In addition, aggressive
utility conservation measures were established. Michaud explained that as they
establish renewable energy, they need to move away from large centralized power
plants that serve their businesses and communities, and look at distributed generation
or biomass facilities disbursed throughout the communities. With renewable energy, a
water supply is not needed, fuel does not need to be imported since it is wind power,
and there are no emissions. That is the direction Hennepin County is moving and why
this wind turbine is being requested.
Michaud stated they are proposing a utility grade turbine, similar to the hundreds of
turbines on Buffalo Ridge in southwest Minnesota, Iowa, the Dakotas, and Texas. The
cost of the turbine is about $3.4 million and financing is such that the intent is to sell
power at a high enough rate that it will pay debt service, operating, and maintenance
costs, and hope to have a little bit extra to off set other electric costs in Hennepin
County that are not paid by property tax. He stated Hennepin County wants to stabilize
and reduce electric costs through this wind turbine.
Michaud stated he was asked why not use the electricity for their own site, which they
would prefer, but because of Public Utility Commission rules, it makes more
technological and financial sense to connect directly to the utility grid than to provide
power to their our facility. He explained that when the wind turbine is not moving, and
power is needed, Hennepin County would have to purchase stand-by power from the
local utility, which is quite high and not economically feasible. He advised that most
utilities dealing with local units of govemment on these projects like to work directly and
have their turbine tied directly into the grid because it is easier for them to manage the
loads.
Michaud displayed pictures of what the turbine would look like and stated the aesthetics
are a tubular tower, not a latticework structure. Noise meets all requirements for
setbacks required by PUC and has a decibel level of 35-45, and would be no louder
than a kitchen refrigerator, as indicated by staff. The University of Minnesota study
showed no impact on horses nor on horses near the turbine at the Carleton location in
Northfield.
Johnson asked at what distance the decibels are measured. Michaud stated at 600
feet.
Michaud stated questions were raised about the impact on birds and bats but with new
turbines, the blades turn at a slower speed and there is not a significant cause of bird or
bat mortality at the turbines in southern Minnesota. With regard to property value, four
studies were reviewed and it was concluded that it is difficult to identify any impact. He
advised of the types and locations of the studies that were conducted. In Minnesota, it
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was learned that the Rice and Dodge County Assessors have not adjusted any property
values based on the proximity of a wind turbine.
Michaud displayed a panoramic view from the entrance road to their site of how the wind
turbine would appear. He stated if Hennepin County is successful in stabilizing and
reducing electricity cost, it will impact County property taxes. If excess power is
provided to the grid, it benefits all on the Wright Hennepin Electric Co-op grid. Michaud
stated they have thought of doing this project in conjunction with schools to provide
education and outreach opportunities, also to the community, and to conduct tours
explaining how it works and impact on the future. He stated this project is supportive of
State law and the posture the Legislature has decided to take in Minnesota.
Smith stated the reason this application was not voted on at the last meeting was the
potential interference of the City's water tower, which will be constructed somewhere in
this area.
Crosby asked whether, if a water tower is west of this facility, it would adversely affect
the wind turbine. He also asked whether there are alternatives in Medina for a water
tower location.
Benetti stated staff did submit an illustration with a map indicating five potential water
tower sites to the north and west of this area and just south. Hennepin County has
indicated the area north and immediately west may cause interference with the 460-foot
high tower. They also indicated that the site farthest to the west would be the most
acceptable. Benetti advised that the City's options are still open at this point.
Crosby explained the City had been looking into a new public works site, identified five
potential sites and before the wind turbine issue came up, had determined the best
location is in this particular area. The City has had discussions with all five, one being
Hennepin County, but the City had not yet gotten into substantive discussions.
Smith stated the water tower is needed even if the public works facility is not
constructed.
Crosby stated a number of the adjacent landowners have been responsive to attend
meetings and provided frank input. He indicated that in the last several days, he tried to
respond to the numerous e-mails and other communications he received.
Crosby presented the wind turbine pros based on comments received: alternative
energy is a responsible thing for the current times; and, this is a request of Hennepin
County for an amendment of a PUD. In response to being asked what is in it for
Medina, Crosby explained that it is very important for Medina and Hennepin County to
retain a mutually supportive relationship. He listed the number of Medina roads that
Hennepin County currently maintains, noting this involved a huge investment by
Hennepin County. In addition, the City has back up security arrangements with the
Hennepin County Sheriffs office. Crosby pointed out that the Hennepin County site is
centrally located. He explained the City had discussions about putting its public works
facility on the Hennepin County property, and sharing aggregate, fuel, and salt on a bulk
basis. Smith noted if the City's public works facility was located on the County's
property, it would require less acreage. Crosby explained Hennepin County indicated
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they had no objections to those discussions. Other potential public works sites are
adjacent to this Hennepin County property. Crosby stated the greatest benefit Medina
would receive is its relationship with Hennepin County.
Crosby presented the wind turbine cons based on comments received: the Planning
Commission voted against it and it is the Council's practice to take the Planning
Commission's actions and deliberations seriously; noise; public safety; property value
reductions; visual impact; environmental issues and effect on watatershed and birds;
impact on the rural nature of Medina; floodgate theory (more to follow); adverse impact
on City public works plans; and, timing is being rushed.
Crosby opened the floor to public comment at 8:08 p.m.
Abdhish Raman Bhaysar, 2105 Chestnut Road, stated by written comment that it is his
opinion now, more than ever, we need to import alternative energy and wind. He stated
it is our community responsibility to help the planet and his family would be pleased if
Medina can put a wind turbine in their back yard.
Tom Borman, 10050 Third Avenue S., Minneapolis, Delcroft Farms, stated his property
is immediately to the south of the wind turbine site, and he believes its visual impact will
be dramatic, visible to downtown and farther east. He stated the wind turbine is about
the size of the Foshay Tower and would become a signature of Medina to western
suburbs and Minneapolis. Borman asked how this is consistent with Medina's natural
rural unspoiled character. He suggested approval would result in a legal risk of being
contrary to the City's Comp Plan, where reference to encouraging renewable energy
didn't contemplate a 500-foot wind turbine but, rather, contemplated smaller renewable
energy sources like solar panels on homes. He suggested the Council may also be
exposing the community to legal risk that a court may find this as spot zoning. Borman
asked whether the City is trying to use the PUD designation to allow spot zoning for the
turbine. He also asked if the City is willing to consider requests of nearby residents to
rezone for wind turbines of similar quality and size. If so, he suggested the City zone to
create a wind farm. He asked how the City determines that one wind turbine is
acceptable but two or three are not. Borman suggested this does not represent a
government service but an activity that can be carried out equally by private persons
and there is no logical reason to use a CUP zoning, adapted for government uses, for
uses that can be made by private citizens. With regard to environment impacts, Borman
did not think consulting one horse owner adequately addressed this issue, noting horse
riding and breeding are at the core of the community. He stated on the internet one can
find as much saying it will effect horses as not. Borman stated he asked Senator
Klobuchar's office to investigate whether funding of the turbine was extended under
TARP and they said it was. He stated he also asked Commissioner McGlaughlin if he
was aware of that and he said, "no."
Crosby stated the Council received a lengthy and articulate letter from Randall Hogan
on Hamel Road, who opposes the wind turbine and a letter from the Loram Facility
indicating no objection to the wind turbine. Johnson asked if Mr. Hogan lived at the
residence and Crosby stated he did not.
Karl Dahlquist, 1015 Settlers Road, Foxbeny Subdivision, stated his property is about
1.25 miles northeast of the proposed turbine. He stated he has discovered that a lot of
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people support the turbine and he wants to represent them as well. Dahlquist
suggested it is important for the future of the country and planet to develop alternate
energy sources and reduce dependence on imported energy. He stated this wind
turbine will give Medina the ability to lead. Dahlquist stated while there are legitimate
concerns that will be raised, he is confident the County will do the right thing to protect
the health and safety of Medina's residents.
Bert Gardner, 2495 Willow, stated he lives too far away to be personally effected and
has mixed feelings as a "liberal tree hugger" and supporter of alternative energy.
However, he believed that a 41-story high windmill in a suburban location is a bit
excessive. He stated a few weeks ago he drove through the Buffalo Ridge area and
believed it does not look like anyone's back yard or Medina's back yard. Gardner stated
his concern is if this is approved, the Council will regret having done so. Gardner
advised of his sister's situation and home. He stated his belief this occurred because of
the "bridge house" constructed across the street that looks like a railroad trestle, and
called a "monstrosity" by potential buyers. Gardner stated the committee that originally
approved the design of this house now regrets making that decision. He stated he
would not want that to happen in Medina with the wind turbine.
Laura Heddelson, homeowner at the base of the Carleton wind turbine in Northfield,
stated she has ten horses on her property. She displayed a picture of the wind turbine
and one of her horses serenely enjoying the sunrise. Heddelson reported the wind
turbine has had no impact on her horses, family, or barn that is located about 700 feet
from the wind turbine. She estimated her house is about 1,000 feet from the 1.65 MW
turbine. She stated again there has been absolutely no impact on her family, kids or
animals and the sound is negligible unless it is very windy or misty when she can here a
"whooshing" but no mechanical sound. Heddelson stated she comes to the meeting not
as an expert but as a homeowner and, judging by her property taxes, the wind turbine
has not impacted property values.
Weir asked if they are riding or show horses. Heddelson stated she has some of both,
three that show and do quite well.
Robin Hardy, 4105 Wild Meadows Drive, stated they have lived in Medina for five years
and chose Medina because of the aesthetics of the neighborhoods and the residents
they met. He stated they had an opportunity to go to Plymouth and Maple Grove but
Medina meant something because it was preserving itself. Hardy stated his opposition
to the wind turbine because it was not the right thing for the community, at this point in
time. He believed in exploring renewable energy but not a wind turbine in our back yard
right now and right here. Hardy suggested that wind turbines belong in the middle of
farm fields in southwestern Minnesota. He stated he thinks the City needs to maintain
an aesthetic rural look, a 400-foot high turbine does not belong in Medina, and more
discussion is needed.
Toni Leland, 4630 Foxberry Drive, Foxberry Farms, stated she strongly supports wind
turbines or alternative energy. She stated she teaches environmental science at the
Wayzata High School and while people discuss global warming and impacts of having
wind turbines, they do not discuss the impacts for continuing the same practices we are
doing today. She suggested another "pro" is about being responsible. Leland stated we
are far removed from our actions because we don't have power plants in our back yard
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but use power each day. She suggested it is time to be responsible and "put it in our
back yard" what we are using every day and this wind turbine is a good solution. Leland
stated we need to be the leader; a rural community that is being preserved through
renewable energy. She noted the proposed location has train whistles blowing, cars,
motorcycles, and semitrucks traveling down Highways 55 and 116, so she does not see
how this so called "monstrosity" will impact the aesthetics of what is currently on the site.
Tom Sicheneder, 2185 Hamel Road, stated he is representing his wife Donna and her
father Harold Laurent, and they have a view of the wind turbine. He commented it was
said that "beauty is in the eye of the beholder" but that's if the beholder doesn't have to
look at it all day. Sicheneder stated we have the freedom to elect officials who listen to
residents and the Planning Commission voted down this request. He asked whether
this will be like the Hennepin County microturbine project where the manufacturer went
out of business and the project failed. Sicheneder suggested that with the current
economy, $3.4 million would be better spent on social issues or necessities like the
homeless. He suggested that the citizens of Medina are not afraid of change but do not
support change in their back yard, which is a rural setting.
John Clifford, 2825 Cabaline Trail, stated he lives directly south of this facility, has a
clear view of the communication antenna, and will be able to see the wind turbine. He
suggested that, of course, the City needs to do this and approve this request because
the world and energy has changed. Clifford stated he figured this out when he paid $4
per gallon for gasoline in his car a few months ago. He stated the City needs to take
action, not study, plan, think, research, and postpone. Clifford stated this is a
reasonable proposal. He has been to the Northfield facility and didn't find it
objectionable. He pointed out that the site currently has payloaders putting rock salt into
diesel trucks which make more noise and disturbance than would this wind turbine.
Clifford challenged those against this proposal to go 48 hours without electricity and see
if they miss it. He stated he uses electricity and wants the lights to come on when he
turns on the electric switch. Clifford stated you can't use fossil fuels for the generation
of electricity forever and the country needs to use renewable energy. He asked
everyone to open their minds and recognize this is what we need to do as a country,
civilization, and City.
Richard Griffith, independent energy consultant, scientist, and engineer, stated he can
offer a harmonizing suggestion to have renewable energy in Medina but not a wind
turbine. He suggested the proposed design is obsolete and better designs are available
by Vestas to produce 3 MW and are being installed in Buffalo Ridge and other places.
He suggested Medina contact Enexco and other third -party firms about installing a
Medina -owned wind turbine in the wind farm that will be metered and the energy
credited to Medina. Griffith pointed out this would result in having renewable energy but
not a wind turbine in Medina. He stated this approach is being forwarded, although
slowly, by Dr. Greg Mowry, a professor in the Engineering Department at the University
of St. Thomas.
Harry Benson, 1235 Oakview Road, stated the list of cons is very impressive and
seemed to overwhelm the pros in his estimation. He stated that Hennepin County has
goals and objectives that are worthy, and must have developed a long-range plan to
address challenges. He stated he would like to hear what other sites they have in mind,
like City parks, light poles along highways, and where the next wind turbine will be
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located. He stated that as an investor he has been interested in energy companies and
maybe T. Boone Pickens will validate whether wind is or is not the answer. Benson
suggested that as you "read between the tines," there is a lot of expense for upkeep and
maintenance due to broken parts. He asked what are the goals and objectives and how
far Hennepin County's plan has advanced. Benson stated he would like to hear about
the County's dollar goals and objectives they plan to achieve because he does not think
that one turbine is the way to address energy problems for the country, city, community,
or county.
Doug Dickerson, 2625 Pioneer Trail, stated he is a former Planning Commissioner and
wanted to address the issue of integrity. He stated he recalls that the City Council made
a pledge to keep Medina rural and the vistas and sight lines, sunrises and sunsets, that
are important to them. He suggested the wind turbine is a contradiction. Dickerson
stated there are areas designed in the Comp Plan for high density. He recalled a
comment to respect the Planning Commission and stated they unanimously turned this
down. He stated to consider approval would be a discredit to the Planning Commission
and the service they do. He stated his concern about the strobe effect and potential
traffic deaths. Dickerson stated he would rather have the $3 million used to expand
Highway 55 from Arrowhead to Highway 19 than putting up a wind turbine.
Ken Bechler, 4182 Arrowwood Drive, asked why Medina graciously gave room for
Hennepin County's maintenance facility, noting it pays no taxes. He stated they work on
the roads but are the primary user of the roads they take care of. Bechler stated
Medina is a community of about 5,000 and asked why it bears the brunt of Hennepin
County "problems." He suggested spreading around the "fun" to places like Edina, St.
Louis Park, the Walker Art Center, or airport.
Elizabeth Sedgwick, 4182 Arrowwood Drive, stated she has lived in the northeast
quadrant of Highway 55 and Arrowhead for 20 years. She commented that today all
awoke to national and local election results and all agree, by the historic number of
voters, they were a united part of the conclusion. Sedgwick noted the Senate race is
only 725 votes apart, and she has never felt the impact of how much her vote counts.
She stated that tonight she feels a sharp contrast to those feelings because she, many
other taxpayers, and the Planning Commission are here again tonight to seek answers
to why their voices strongly opposing a 41-story monstrosity have been marginalized by
a rush for federal funding. Sedgwick read a paragraph from the letter submitted by
Randall Hogan requesting an environmental impact statement, an independent
professional analysis, and an economic impact analysis. She thanked Randy and Sara
Hogan for writing their amazing letter.
Dan Sheehy, 4745 Settlers Court, Foxberry Farms, stated he was told by several that he
is a NIMBY (Not In My Back Yard) and admits that he is. He stated he is the owner of a
small business built by himself, starting from scratch, and using his savings. He stated
that in doing so, he had to look at every cost, how every nickel was spent. Sheehy
expressed concerns with hearing terms like "hopefully get a little extra after expenses,"
which make no sense to him. He referenced information from the Office of Energy
Security, Minnesota Department of Commerce, indicating it could take anywhere from
10 to 40 years to capture the cost for installation. He stated no one in private enterprise
would take that bet or spend a dime based on a 10 to 40 year payback. He stated he is
all for renewable energy if it works. Otherwise, it is throwing good dollars after bad.
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Sheehy stated if the life cycle of the windmill is 20 years and it takes 40 years to pay it
off, it does not make sense. He pointed out that someone had mentioned their taxes
had not changed, but taxes do not determine value, the market does. He stated his
concern that if someone sees a 400-foot tower, almost as high as the Foshay Tower, it
will eliminate a potential buyer. Sheehy stated this is in Medina, not Kenyan, Minnesota.
He stated that it was said the wind turbine could "potentially" reduce the cost of
electricity, but it is not really known if that will occur.
Crosby explained that an application was submitted so the City Council has to take
action on it. He stated that if this wind turbine was a public relations gambit for
Hennepin County, he would not favor of it. Crosby stated he and the City Administrator
met with Hennepin County and based on the nature of the financing being interest free,
it is an attractive investment.
Johnson stated Edward Garvey, former Deputy Director of the Department of Energy
and Securities and Chair the Public Utilities Commission, would stand before you as a
very strong advocate of altemative energy development and this project. He explained
that the assumptions used to derive a 10 to 20 year payback are fundamentally flawed
because they assume an extremely slow growth rate of energy costs based on the
historic 30-year energy rates. Johnson advised of the items not yet incorporated into
the rate base, noting the American Power Institute has indicated it will cost $10 trillion
over the next 20 years to build a generation and transmission system, which has also
not hit the rate base. Johnson estimated an increase of 10% per annum annually, at
best, for energy costs. He stated the payback analysis is fundamentally flawed unless
you factor a geometric increase for the cost of energy.
Cindy Nash, 4610 Bluebird Trail N., stated she is a resident of Bridgewater, business
owner of a city planning consulting firm, a certified planner, and generally applauds the
efforts of Medina to look at forms of alternate energy. However, she believes this is not
the right site. She stated she is not coming at it from a NIMBY standpoint because she
is not convinced it will negatively impact her neighborhood but believes there is a
quantifiable impact to surrounding property owners of the project. She stated the staff
talked about PUC wind access buffer setbacks from one tower to another tower buffer.
However, the January 2008 order of PUC indicates that is a setback from the tower to
the property line. She explained that permitting staff has informed the Commission that
towers have to be spaced between 4 to 12 rotor diameters apart. Nash stated Medina
should follow the wind access buffer setbacks, which protects adjacent private property
owners of their right to develop wind facilities on their property. She explained if you
want to put in another wind turbine in Medina, the setback from the Hennepin County
tower rests with the new facility. She read the January 2008 PUC order requiring a wind
access buffer setback of three rotor diameters on the cross wind axis and five rotor
diameters on the predominant wind axis is an external setback from land and wind rights
outside of the applicant's site control to protect the rights of persons outside of the
permitted project boundary and persons who are not participating in the project. With a
2.1 MW turbine, it should be set back on the cross wind 867 feet and on the
predominant wind access 1,445 feet, both from the property line. Nash stated staff also
indicated the PUC didn't change the wetland setbacks and that is correct but in the
same order it does say that the Commission will request their staff to investigate the
setback issues more thoroughly and develop recommendations for future consideration.
The DNR recommended a 1,000-foot setback and many counties are instituting a 600-
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November 5, 2008
464
foot setback in their current ordinances. Nash stated the threshold for PUC regulations
is for a 5 MG combined facility, which three wind turbines would be. However, the City
has great discretion in approving or denying the PUD amendment and asked the
Council to afford its residents the same rights afforded for slightly larger facilities. Nash
stated it is not unforeseeable that there could be more turbines in Medina. She stated
she e-mailed a letter with additional details.
Larry Zilverberg, Tuckborough Farms resident, stated he sent a letter to the Mayor and
Council. He stated he has seen wind farms and finds them fascinating but he has
always seen them in rural settings, not communities like Medina. He suggested Medina
had made a commitment to not be a leading community in development and there are
no other windmills like this except for a small one in Maple Grove. He stated he is very
opposed because it opens the floodgates and asked how the City can deny wind turbine
requests from residents and businesses if this is approved. Zilverberg stated everyone
recognizes wind is coming as an energy source but due diligence has not yet been done
and Medina is getting ahead of itself with this proposal.
The meeting recessed at 8:58 p.m. and reconvened at 9:10 p.m.
With regard to the standards to approve an amendment to the CUP, Attorney Batty
explained the City adopted a PUD ordinance in 1995 in connection with the original
Hennepin County public works site and allowed rezoning or a CUP. This project was
approved under the rezoning category and the ordinance requires you look at and
evaluate whether the project is consistent with or detrimental to public heath, safety, and
welfare, meets the purpose and intent of the CUP, and is consistent with the Comp
Plan.
Benetti stated at the previous meeting, staff identified some general policies, goals, and
statements from the current draft Comp Plan indicating that it was undecided whether
this proposed project fits into the rural character of Medina and sustainable energy goals
and policies. Adams described a Wind Energy Conversion System (WECS) and
advised of recently adopted standards in the rural zoning ordinance and plans in 2009 to
a adopt single ordinance that would be applicable to WECS Citywide.
Crosby stated he was on the Planning Commission three years ago and saw this as an
important issue that the City needed to regulate. He stated his property is relatively
adjacent to an older wind turbine, which has been inoperable for two years. Crosby
explained that noncommercial wind turbines will be regulated in future ordinances.
Benetti presented considerations contained in the draft Comp Plan and read the
community visioning statement. He stated staff is providing this information to keep in
mind the planning and strategies that will be considered in the 2010 Plan, including to
encourage innovative and creative approaches to planning energy and City
performance, LEED, Low Impact Design (LID) standards, andopen space planning
conservation.
Smith felt that some of the "cons" stated by Crosby are not issues but, rather, are
"perceived" cons. She noted that noise is not a "con" or relevant and it has been proven
to not be an issue. Unfortunately, letters were sent to Medina residents saying the wind
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465
turbine could be heard a mile away, which is misinformation. Smith stated that noise,
vibration, and other issues are not legitimate "cons" as some of the public believes.
Crosby stated noise may be an issue to individuals with land directly adjacent or in the
immediate vicinity, but not for people on the other side of Highway 55 because of the
intervening noise. He noted that most everyone else agrees that noise is not an issue.
Smith stated that after touring a wind turbine site, she does not think noise is an issue
even for properties on the south side.
Weir agreed Crosby listed "cons" but did not refute them. She stated she responded to
letters and agreed that when standing under the working wind turbine you could not
hear the turbine but could hear birds singing. When walking away, at 300 feet you could
hear a "shoo shoo" and at 600 feet you could hear corn and trees blowing but not the
turbine. She noted Medina has a 705-foot setback so she does not think noise will be
an issue. Weir stated she cannot refute the visual issue. She stated it appears horses
are comfortable near a wind turbine. Weir questioned whether Medina is rural or
suburban, which may be an issue. She stated that in all studies she looked at, she
could not find a sustained property value loss. She stated those were some of the
"cons" listed by Crosby that are not valid but she believed the visual issue is valid.
Johnson stated it has been an interesting evening to have everyone come out and be
engaged in democracy in action. He thanked the audience for taking time to come and
weigh in, noting a lot of people stand on both sides of the issue. He commented that
the Council is trying to be good stewards of the community. He stated he hopes all can
continue to be respectful of discussions as the Council reaches a conclusion and moves
forward.
Johnson stated he knows about wind turbines and what is happening in the country from
his former career to finance large power plants. He noted that for the past 20 years,
through activism, the country has not built a major power plant so a "perfect storm" in
energy is coming because the demand has been growing at five percent per year yet
there has been no growth in capacity. This is why there have been brownouts, power
shortages, and rising energy costs. Johnson commented it is a looming problem that
will require massive investment to address this issue and wind turbines are at the
forefront in the move to alternative energy and considered to be state-of-the-art as an
approach of solve this problem. Johnson stated that putting a turbine in Buffalo Ridge
will need infrastructure to get the energy into the grid and distributed. He explained it is
well studied that distributed generation delivers a lower future cost of energy.
Johnson indicated the Legislature and Governor acted with great foresight and
leadership by saying we need to do something about energy consumption in the State.
However, there has been no coordinated plan for 20 years to build new generation or
transmission systems. Wind turbines are a very cost effective, pragmatic, sustainable
resolution. He advised that there are many wind turbines in the UK and urban areas of
London and Copenhagen and here as well. Johnson stated it shows leadership on the
part of the State to be proactive and he applauded Hennepin County for doing
something about it.
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Johnson stated there may be a modest issue of noise but he believed it was deminimus.
He stated he served on the Airport Commission where 110 decibels is an issue, but this
is not an issue. With regard to economics, he stated there is clearly a payback period
based on very conservative assumptions with regard to growth and the cost of energy.
Johnson stated he hoped the Council had the courage and foresight and would look
beyond the fact this may not be what we want in our back yard" but recognize it is an
important step forward to meet the energy needs of the community, county, state and
country. Johnson stated that with regard to aesthetics, it is easy to argue both ways but
personally he does not find it offensive. He pointed out there is already a 400 foot
communication tower on this site, which he can see from his house. This will have the
same physical mass, noting the tip of the wing is at 400 feet but core is at 260 feet,
which is 150 to 200 feet lower than the height of the communication tower. Johnson
stated he hopes we can get beyond the immediate and realize this is a reality that we
will have to deal with sooner or later and be proud of Hennepin County for being
proactive.
Cavanaugh stated a wind turbine in Medina makes sense from a green perspective. But
he is not willing to vote for it tonight given all the e-mails he had received from a
negative response, about 3-4 to 1 against the windmill. He noted that a lot of resident
input is based on information that is not correct or totally informed. Cavanaugh stated
he does not think rates will go down, or the wind turbine will be a danger on the
highway, or property values will go down. Cavanaugh stated that his uncle owns a farm
across the street and has a direct view of this site but he does not give his uncle any
more or less protection than given to other residents. Cavanaugh stated he does not
think aesthetics and noise are big issues.
Cavanaugh stated he would like to see if Hennepin County would be willing to hold open
houses so residents who came in late can leam the real facts and can make informed
decisions. He stated he would like the City to have the opportunity to negotiate with
Hennepin County on its public works facility. Cavanaugh stated he does not think there
is a deadline that has to be met tonight, so there is time. He stated it would be nice to
incorporate the City's public works facility, which would be a huge benefit.
Cavanaugh stated he hears people saying they don't want it in their back yard but want
the other guy to do green standards and go to great expense to put environmental -
friendly standards into their building and project. He stated he sees this as a project
that has no consequential impact to a lot of people. Cavanaugh stated if Medina is
willing to make others go to great lengths, it needs to take steps to do the same.
Crosby explained the Open Meeting Law and advised that the Council assures it is not
violated so none of the Councilmembers have discussed this issue or rehearsed what is
being said tonight.
Crosby stated Cavanaugh's comments are appropriate and polled the Council on how
they wanted to proceed.
Weir stated the City has already asked Hennepin County for two extensions and leamed
a lot by spending time researching the issues. She stated the only thing she cannot
resolve to satisfaction is the visual issue. Weir stated that as she indicated in the
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467
newspaper article, she thinks it is a vision and leadership issue and the Council should
address acute energy needs. Weir stated she liked the idea of inviting residents to tour
the Northfield wind turbines. She stated she is ready to take action tonight.
Moved by Weir, seconded by Johnson, to direct Staff to prepare an ordinance for
approval of the Hennepin County Wind Turbine at 1600 Prairie Drive with the 17
conditions as detailed in the staff report.
Weir stated Mr. Hogan approached the Council about concern that his large barn could
potentially have a natural frequency hum. She asked whether Hennepin County would
be responsible to correct any natural frequency hums in a building should that occur.
Michaud answered in the affirmative.
Council consensus was reached to add Condition #7 indicating Hennepin County will be
responsible to correct any natural frequency hums in adjacent buildings.
In response to Weir's question about Condition #13, Scherer explained the city -owned
antenna would be of minimal size, like a radio antenna, and located on the Sheriffs
communication tower, not the wind turbine.
The Council discussed the maximum height of the tower.
Council consensus was reached to direct staff to reword Condition #5 so the maximum
height for the hub and the blades are separately defined. It was agreed that the
maximum height for the tip of the blade would be 407 feet.
Johnson noted Hennepin County may need some leeway because there may be newer
and more efficient technology so he would like to give some latitude as long as the
same physical characteristics are maintained.
Crosby stated Hennepin County would have to return for Council consideration if the
height is beyond what is included in the conditions. Batty stated the conditions as
drafted respond to the County's current request so to provide more flexibility would
require changing the language.
Council consensus was reached to direct staff to redraft Condition #14 to require
Hennepin County to remove the turbine if it is not operational.
Crosby stated he is reluctant to require Hennepin County to hold an open house.
Smith stated she believes enough information has been provided and questions asked.
Unfortunately, the public is afraid of change, of what it might bring, and the fear was
driven by misinformation that was circulated. Smith stated she believes the Council
should vote on it tonight since they have already asked Hennepin County for several
extensions. Smith stated she likes the idea of having an open house to talk about what
is coming to Medina and for those willing to go and look at a wind turbine, it would help
alleviate their fears. She stated she does not think that should delay the Council from
taking acting.
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Crosby noted the formal action will take place at the Council meeting in two weeks, after
staff drafts the resolution.
Muchard stated Hennepin County conducts a lot of energy conservation activities and
could bring an energy fair to the public works facility to address the plans of Hennepin
County, provide information about the wind turbine, and get a better idea of the number
who want to tour the Northfield site.
Cavanaugh stated he would like to have the onus on Hennepin County to meet with
residents and change some minds, which can be done if they are given all the facts. He
stated that based on the number of negative comments heard tonight, he cannot
support it tonight.
Crosby noted the visual impact is what has been communicated by those against the
wind turbine and he does not think tours or more information will solve the visual
"apprehension" issue.
Cavanaugh asked whether the City's negotiating power is lost if this is acted on tonight
instead of incorporating the public works facility into negotiations to get better terms.
Crosby stated the City's public works facility is a complex project and would require a
bond issue and referendum. Cavanaugh stated a deal may not be completed, but
options can be negotiated. Crosby stated he and Smith are on the public works facility
subcommittee and there is a lot of work yet to be done. Smith agreed.
Crosby suggested the resolution not be placed on the consent agenda at the next
meeting. Cavanaugh stated since the resolution will be discussed at the next meeting,
he can support the motion on the floor directing staff to draft the resolution.
Weir asked whether, in the intervening two weeks, the City can approach Hennepin
County about a favorable land option. Smith stated they have already talked with the
County who indicated they are interested in talking to Medina about it. Crosby stated
the conversations were at the staff level but the question is whether the Board and
County Administrator would also be in agreement. He questioned whether this option
would have support from the top and the answer was that it would have support.
Smith stated if. Hennepin County would be willing to hold an energy fair, people will get
more information.
Crosby asked if Hennepin County can hold an informational session at the Medina City
Hall or public works facility within the next two weeks to present pictures of the wind
turbine and plans for the future.
An audience member stated she had driven through Iowa where there are many wind
turbines and she found they were huge and an eyesore. She asked why the Council is
continuing to say they will support the wind tower if they are getting three to one
responses against the project.
Crosby stated that 3,139 residents cast a ballot in yesterdays election and he has
received 30 negative comments and 6 affirmative comments. He noted that usually
people who don't support a project show up so it is difficult to extrapolate that to the rest
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November 5, 2008
469
of the community. Crosby stated he believed it was the job of the City Council to take all
factors into consideration and have the courage to do something that may be, in part,
the right thing on a larger scale.
Smith stated you also need to remember that a letter with inaccurate information was
mailed out to every resident in the City.
Tony Hainault, Hennepin County staff, stated they are happy to provide an informational
meeting and are prepared to do a tour of the Carleton wind turbines but will first need to
ask if they will open their facility. He stated he does not know if that can be scheduled in
the next two weeks.
Adams asked if the alternative PUC standards should be included in the draft ordinance.
Staff was directed to address PUC standards and include all that are applicable.
Cavanaugh asked if there will be a problem with another extension if the Council is not
ready to take action at the next meeting. Adams answered in the affirmative. Crosby
asked that a Hennepin County representative attend the next Council meeting in case
another extension is requested.
Motion passed unanimously.
The meeting was recessed at 10:12 p.m. and reconvened at 10:21 p.m.
B. Fire Department Merger Planning Outline
Police Chief Belland reviewed that the Council had recommended moving forward with
planning a merger process with the Loretto and Hamel Fire Departments and directed
staff to draft an outline. Belland stated he found a lot of information because mergers
are occurring across the country as suburban areas grow. He advised of mergers in the
Twin Cities area and suggested a process to come together to plan, look at benefits,
and shortfalls. Belland suggested that, at some point, Medina will need to consider
hiring a consultant to work through this process. He stated he heard Jeffrey Johnson,
who has a lot of merger experience, speak at the Minnesota Fire Chief Conference and
he will be talking with him on November 24, 2008, at 1 p.m.
Crosby suggested the term "merger" not be used but, rather, a term like "efficiencies in
management." He indicated he would favor hiring a consultant, if at a reasonable cost,
who would prepare the rest of the outline.
Adams stated staff does not want a consultant to lead every step of the process, but to
develop an outline and be part of the process to collaborate with the different
departments. However, Medina would lead the process. He suggested staff obtain a
cost estimate.
The Council discussed whether it would be in Medina's best interest to consider a
merger, consolidation, or "other." The Council also discussed how a consultant would
be used.
Smith noted the Councilmember Elect Mike Siitari has this type of experience.
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470
Belland asked whether an RFP process would be used or if he should make some
telephone calls to get price estimates. Crosby suggested the subcommittee (Johnson
and Cavanaugh) talk with the consultants and recommend who should come before the
Council for interview.
Assistant Hamel Fire Chief Tom Gregor stated the outline has not yet been shared with
either Fire Department. He agreed that Jeffrey Johnson is a great speaker and merged
nine departments in Oregon; however, he is expensive. Gregor recommended the two
Fire Departments be allowed to meet and work out their differences. He stated another
element is where the City fits into this plan since they are currently two independent
departments. He noted the City needs to address funding for the Fire Departments.
Cavanaugh stated he envisions having a City -managed Fire Department with a paid
Chief and volunteers and duty staff. Crosby stated that is a possible solution. Smith
stated that may fall into the other" category.
Crosby stated the Loretto Fire Chief said he was not willing to talk about a merger, but
was willing to talk about "other."
Weir stated she envisioned coordinating with the two Fire Departments, eventually
coming together into a central, City -owned, facility on the public works site and to have
cross training with public works personnel.
Smith stated her preference to have a facilitator involved.
Belland stated he wants this to be an open process and if the Fire Departments are
willing to meet and develop a plan, his first question to the fire command staff would be
what they want to see. He noted the first question for the Council is to determine what
is best for its constituents. Belland stated something needs to be done in a timely
fashion. He stated he met with the two Fire Chiefs and information was collected but
the next step is needed from the Fire Board. Once it is known what the Fire
Departments can offer, it can be presented to the City Council who can then decide if
that is the best for the constituents.
Gregor stated it is important to include both Fire Departments. He stated the City's
timeframe is important and asked if it is to have the departments joined in three to five
years.
Crosby stated there are a number of issues, such as whether volunteer fire fighters will
be available into perpetuity, will each Department ask for a ladder truck, and other
issues. He stated he is more interested in the procedure and how to create a forum to
talk about these issues than in substance. In the past, Loretto indicated they are not
ready to consider a merger.
Belland agreed that if it takes 20 years for a City -owned Medina Fire Department, it has
to start with putting together a procedure or outline. He stated it may take six months to
put the plan together but three to six years to implement the plan.
Cavanaugh stated he thinks the Council has to make the decision on what is best for
Medina and then develop a plan to have it realized. Adams stated it has been
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a
0
0
misunderstood the fire fighters and departments will be excluded, but that is not the
case. He stated the process, as identified in Chief Belland's outline, starts with the fire
departments and will include them from the beginning.
Adams stated the action being requested is to provide direction to move forward with the
process to start deliberations to create a plan in six months and return in four weeks
with options to hire a consultant.
Cavanaugh urged the Council to define the target and then develop the plan. Johnson
stated that can be defined but may be perceived as the City trying to force it.
Gregor stated his belief that the Fire Departments can define it better than anyone. He
announced that the Loretto Fire Chief will retire the first of the year and suggested it
would be best to schedule a joint meeting after the first of the year with Belland in
attendance. Belland noted that is the second step identified on the outline.
Belland stated the Fire Department has beendiscussing this matter over the past four
weeks and recommended the word "merger" not yet be thrown out. Instead, he
suggested it be set as a goal and then to work towards that goal.
Johnson stated he imagines the process will involve the two groups getting together with
a facilitator to map out how to best meet the future fire needs of the community. Gregor
stated he thinks "consolidation" sounds better than "merger" and asked if the Council
would consider City ownership of the department. Crosby stated the simple answer will
be yes.
Johnson asked about the impacts to fire services for contract cities if there is City
ownership. Cavanaugh stated Medina would negotiate those contracts. Johnson
pointed out there would be efficiencies to have a centralized facility and equipment.
Since there will be a new Loretto Fire Chief, it was agreed the joint Fire Department
meeting with Chief Balland will be scheduled after the first of the year. In the mean
time, Belland will contact facilitators to explore efficiencies with fire service and
Councilmember Elect Mike Siitari will be invited to attend subcommittee meetings. The
Council will discuss the next action in• January of 2009.
VIII. NEW BUSINESS
A. Resolution Approving Canvass of Returns and Declaring the Results of the
Municipal Election Held on November 4, 2008
Moved by Weir, seconded by Johnson, to approve amended Resolution Approving
Canvass of Returns and Declaring the Results of the Municipal Election Held on
November 4, 2008, as amended. Motion passed unanimously.
B. Ordinance Creating the Commercial -Highway, Commercial -Highway 2,
Commercial -General, and Commercial -Neighborhood Zoning Districts;
Amending Sections 825.07 and Adding New Section 838
Crosby stated he is not sure at what point you need a CUP based on the size of the
building and is concerned that if the threshold is too low, it will discourage merchants.
Benetti stated a site plan review is required but a CUP will require a tighter review.
Medina City Council Meeting Minutes
November 5, 2008
472
Crosby stated if the CUP has a low threshold, the Council may be telling them too much
what they can do. Benetti agreed that the regulations are too restrictive and the
stakeholders have indicated the same. •
The Council asked that the map be reprinted to include a color for Commercial
Neighborhood (CN).
Weir reported the Planning Commission was concerned with the one -acre minimum,
and developers wanted smaller lots, and were also interested in the hard surface
regulation. Smith stated 80 percent is too much hard cover and she preferred 75
percent. She disagreed with going smaller than a one -acre lot.
Cavanaugh stated if existing lots are grandfathered in, he does not think a one -acre lot
will be an issue.
The Council discussed whether the PUD process should be required for all business.
Batty explained that a PUD process is more expensive because there is a development
agreement.
Cavanaugh noted that requiring four-sided architecture and 75-foot setbacks, starts to
be restrictive. He asked why a 15-foot side setback would be required if next to another
commercial use. Benetti stated that is a typical commercial setback for fire safety.
Cavanaugh stated with impervious surface, he would support a higher percentage
because it will result in a nicer development that is more expensive and stable. Smith
stated she would consider that if there was zero runoff from the site. Weir noted the
Surface Water Pollution Prevention Program (SWPPP) standards require zero runoff.
Council consensus was reached to table consideration of the Commercial Zoning
Regulations.
C. Schutzhund Dog Training Club at Hamel Legion Park
Moved by Johnson, seconded by Smith, to deny the request for Schutzhund Dog
Training at Hamel Legion Park. Motion passed unanimously.
D. Snowplowing Policy
Scherer explained this agenda item involves staffs procedure and common practice
rather than a policy. He asked Council if they support the current practice to not replace
a mailbox if damaged by snow or sod torn by the snowplows.
Smith stated if the plow hits the mailbox, she thinks the City should replace the mailbox.
Council consensus reached to direct staff to draft a broad language snowplowing policy.
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473
IX. CITY ADMINISTRATOR REPORT
A. Schedule Special Meeting Budget Work Session for December 2, 2008 at
6:00 p.m.
Moved by Smith, seconded by Weir, to direct staff to schedule a Special Budget Work
Session for December 2, 2008, starting at 6:00 p.m. at City Hall. Motion passed
unanimously.
Crosby advised that he will not be able to attend on December 2, 2008.
X. MAYOR & CITY COUNCIL REPORTS
The Council briefly discussed green acres tax regulations.
XI. APPROVAL TO PAY THE BILLS
Moved by Johnson, seconded by Weir, to approve the bills, EFT 000335-000345 for
$34,076.55 and order check numbers 033150-033200 for $150,559.27 and payroll
checks EFT 501623-501651 for $44, 809.18. Motion passed unanimously.
XII. ADJOURN
Moved by Weir, seconded by Johnson, to adjourn the meeting at 11:07 p.m. Motion
passed unanimously.
T.M. Crosby, Jr., Mayor
Attest:
4, et 624 4—Zer,
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
November 5, 2008
474
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Medina City Council Meeting Minutes
November 5, 2008
475
ORDER CHECKS October 17, 2008 - October 30.2008
033150 AGGREGATE INDUSTRIES INC $1,424.66
033151 AMERICAN TIRE $1,404.14
033152 ARGENTO, MARK $10,000.00
033153 BONESTROO, ROSENE, $56,917.53
033154 BUDGET PRINTING $481.78
033155 CARGILL INC. $11,073.53
033156 CLASSIC CLEANING $692.26
033157 COMMERCIAL ASPHALT CO. $597.87
033158 ERICKSON, ROLF ENT., INC. $6,193.28
033159 GALLS $270.93
033160 GARY'S DIESEL SERVICE $735.21
033161 GEISLINGER AND SONS INC $13,475.92
033162 GLOBAL SYNERGY GROUP LLC $5,021.36
033163 GOPHER SIGN CO. $1,095.72
033164 GREEN STUFF $175.73
033165 HAMEL BUILDING CENTER $28.76
033166 HAWKINS INC. $2,943.20
033167 HD SUPPLY WATERWORKS $265.38
033168 HENN COOPERATIVE SEED $74.54
033169 HENRYS WATERWORKS INC $400.49
033170 HONEST AUTO $1,009.98
033171 INTERSTATE BATTERY SYSTEM $212.99
033172 KD & COMPANY $163.31
033173 KENNEDY & GRAVEN $14,311.77
033174 KONICA MINOLTA (COPIER $600.04
033175 LANGUAGE LINE $9.90
033176 LEAGUE OF MN CITIES $1,000.00
033177 METRO WEST INSPECTION $8,767.45
033178 MIDWEST ASPHALT $25.00
033179 MOTHERS MOTORS/LORETTO $20.00
033180 NAPA AUTO PART $179.82
033181 NORTHERN TOOL & $428.15
033182 OFFICE DEPOT $127.32
033183 ON SITE SANITATION $319.50
033184 PITNEY BOWES $112.17
033185 PITNEY BOWES POSTAGE BY $1,000.00
033186 QWEST $433.83
033187 RPM GRAPHICS INC $272.97
033188 SCHARBER & SONS, INC $31.82
033189 SPRINT(POLICEINTERNET) $286.93
033190 SPRINT/NEXTEL $554.88
033191 ST JOSEPH EQUIPMENT INC $84.58
033192 STREICHER'S $368.91
033193 SUN PRESS & NEWSPAPERS $316.64
033194 TIME SAVER OFF SITE SEC. $348.44
033195 TWIN CITY STRIPING $1,352.45
033196 WAYZATA $23.50
033197 WILSON DEVELOPMENT $526.27
033198 WRIGHT HENNEPIN COOP $2,071.00
033199 XCEL ENERGY $1,991.36
033200 LAW ENFORCEMENT LABOR $336.00
Total Order Checks $150,559.27
E-CHECKS October 17, 2008 - October 30.2008
000335E $1,136.00
000336E $697.78
000337E $1,800.66
000338E $1,132.04
000339E $11,834.580
000340E $925.00
000341E $2,538.70
000342E $25.00
000343E $2,480.37
000344E $30.00
Medina City Council
November 5, 2008
MINNESOTA, STATE OF
CITY OF MEDINA
ACCLAIM BENEFITS -
PR PERA
PR FED/FICA
PR MN Deferred Comp
PR STATE OF MINNESOTA
FARMERS STATE BANK OF
ACCLAIM BENEFITS -
FARMERS STATE BANK OF
Meeting Minutes
476
000345E DELTA DENTAL $2,476.42
Total E-Checks $34,076.55
PAYROLL DIRECT DEPOSIT October 17, 2008 — October 30, 2008
501623 ADAMS, CHAD M. $2,601.77
501624 ANN, KIMBERLY $547.82
501625 BARNHART, ERIN $1,287.01
501626 BELLAND, EDGAR J. $2,506.73
501627 BENETTI, TIMOTHY $2,026.38
501628 BOECKER, KEVIN D. $2,101.88
501629 CONVERSE, KEITH A. $2,122.63
501630 DAY, JEANNE M $1,929.56
501631 DINGMANN, IVAN W $1,688.39
501632 DOMINO, CHARMANE $1,412.76
501633 DRESSEL, ROBERT P. $1,277.94
501634 FINKE, DUSTIN D $1,421.12
501635 GALLUP, JODI M $1,170.81
501636 GREGORY, THOMAS $2,265.34
501637 HALL, DAVID M. $2,001.69
501638 JESSEN, JEREMIAH S $1,383.71
501639 KLAERS GROTHE, ANNE M $559.54
501640 LANE, LINDA $1,310.55
501641 LEUER, GREGORY J. $1,729.30
501642 MAROHNIC, NICHOLAS $519.02
501643 MCGILL, CHRISTOPHER R. $2,027.10
501644 MCKINLEY, JOSHUA D $534.00
501645 NELSON, JASON $1,909.76
501646 PETERSON-DUFRESNE, DEBRA $1,341.21
501647 PORTINEN, TERI $1,280.04
501648 REINKING, DEREK M $1,200.34
501649 SCHERER, STEVEN T. $1,850.90
501650 VIEAU, CECILIA M. $1,140.40
501651 VINCK, JOHN J. $1,661.48
Total Payroll Direct Deposit $44,809.18
Medina City Council Meeting Minutes
November 5, 2008