HomeMy Public PortalAbout12/02/08 CCM503
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MEDINA CITY COUNCIL MEETING MINUTES OF-DECEMBER 2, 2008
The City Council of Medina, Minnesota met in regular session on December 2, 2008 at
7:00 p.m. in the City Hall Chambers. Acting Mayor Smith presided.
I. ROLL CALL
Members present: Cavanaugh, Smith, and Weir.
Members absent: Crosby and Johnson.
Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Sergeant
Jason Nelson, Planning Director Tim Benetti, Public Works Superintendent Steve
Scherer, City Administrator Chad Adams, Administration Intern Kim Ann, 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 November 18, 2008 Special Citv Council Meeting Minutes
Moved by Weir, seconded by Cavanaugh, to approve the November 18, 2008 special
City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the November 18, 2008 Regular City Council Meeting Minutes
The following changes were requested: Page 2, Line 44, "He advised that the Hennepin
County Energy Fair open house..." Page 3, Line 9, "...newspaper that covers the whole
City. Weir reminded the audience that the City's website is an up-to-date source of
information." Page 7, Line 27, "She is in the environmental field after fighting a landfill
project in the City and cited studies that landfills do not lower..." Line 34, "...which is the
number one cause of mercury pollution in our environment." Line 35-36, "Sedgwick will
live -by -and drive by the wind turbine..." Page 11, Line 8, "...a semi delivery truck was
modeled through the area..." Page 13, Line 18, "Smith asked where are the parking lot
access points were located:" Page 17, Line 27, "Smith stated it does not matter if it is a
commercial or..." Line 28, "...bans the burning of waste for everyone in the County,
there are no exceptions, including farmers." Line 29, change "assure" to "ensure" Line
35, "...that practice, as illegal dumping at businesses is a major problem." Page 18,
Line 17, "...educational component on the storm water treatment train in Wild
Meadows."
Moved by Weir, seconded by Cavanaugh, to approve the November 18, 2008 regular
City Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Tractor and Mower Agreement
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B. Resolution Certifying Delinquent City Charges for Services to the Hennepin
County Auditor for collection in 2010
Moved by Weir, seconded by Cavanaugh,• to approve the consent agenda. Motion
passed unanimously.
VI. PRESENTATION
A. Resolution Recognizing Patrol Officer Keith Converse for Five Years of
Service to City of Medina
Adams advised that Patrol Officer Keith Converse is unable to attend the meeting
tonight. Police Sergeant Nelson reviewed Officer Converse's work that included
becoming Medina's first DARE Officer. Converse has also worked on juvenile projects,
as a juvenile liaison, donates time to Retro Roast in Loretto, and an elementary school
in Delano.
B. Long Lake Fire Department Third Quarter Call Report — Fire Chief James
Van Evll
Fire Chief Van Eyll introduced himself and presented the third quarter call report. Van
Eyll stated he would like to present reports on a quarterly basis, which has not
happened in the past. He displayed a pie chart of third quarter calls, noting the
percentages were fairly consistent with past quarters. There were seven mutual aid
calls. Van Eyll presented a breakdown of calls for 2007, noting again consistent call
volumes. He explained that medical calls are about 23% of the call volume, down from
35-38%, partly due to a wheelchair bound Long Lake resident now being in a senior
care facility.
Van Eyll advised that dispatch canceled about 36% of the calls while in route. Since he
has come on board, he has undertaken a project to go to the call areas to become more
familiar with the area and to educate residents if things can be changed to eliminate the
need for a call in the future, such as moving a fire alarm out of the kitchen. He advised
that departments in surrounding communities have also seen a decrease in the number
of calls. However, there is nothing to pinpoint the reason for that reduction.
Van Eyll advised that at the end of the third quarter, they are 72% of budget so they
should not see an excess. He stated there is a little increase in the operating budget for
Medina this year due to his full-time salary being on the books. There is a large
increase in capital equipment for next year to purchase a new 3,000-gallon tanker truck
at $160,000 and a more fuel -efficient rescue vehicle. Van Eyll stated he evaluated
current staffing needs. Currently, there is a part-time administrative assistant shared
with City Hall to do payroll functions and call reporting to the State. He stated he thinks
the officer in charge of the scene should do the call reporting to the State because it is
more efficient and a good educational opportunity for officers to understand the
requirements of the State so they have the information needed from the scene.
Weir asked how much contact he has with Loretto, Maple Plain and Hamel. Van Eyll
stated they respond to mutual aid calls to Maple Plain and some to Wayzata. At the
monthly Fire Chief meetings, he interacts with the Hamel and Loretto Fire Chiefs.
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Smith asked if he does inspections. Van Eyll explained that he is tasked with doing
inspections for Long Lake and Orono. Starting in 2009, he will utilize the individual
doing Orono inspections to continue sprinkler calculations and new building evaluations.
Cavanaugh asked Van Eyll for his thoughts on residential neighborhood road widths
from a fire/safety perspective. Van Eyll stated the width of 20-25 feet is considered to
be an accessible road for fire apparatus but can be more narrow if the development
(homes/businesses) has sprinkling systems. He commented on the danger of allowing
roads any narrower because Medina has roads with soft rural shoulders where fire
apparatus could become stuck.
Smith stated the Council recently talked about a long driveway that served three houses
and that the road width seemed to be excessive.
Weir asked about having a more narrow section and then "balloon" areas for passing of
vehicles. Van Eyll stated he has seen that design but no experience using them, noting
that it would have to be assured vehicles do not park in those wider locations.
Van EyII stated the Minnesota State Fire Code contains the road width requirement and
he will provide that information to the Council.
C. Lake Sarah Total Maximum Daily Load (TMDL)
Randy Lehr, Three Rivers Park District, displayed a map of Lake Sarah that identified
fishing locations. He outlined the TMDL process and explained that in 1972 the Clean
Water Act was adopted that required the Environmental Protection Agency to set up
water quality standards for water bodies. Minnesota took into consideration many
different factors including aesthetics of the water quality, level of pollutants in the water,
impact to water clarity, and species of fish. Once a water quality standard was
established, they looked at bodies of water to see if they meet those standards. It was
found that Lake Sarah has excessive phosphorus, which results in excessive algae
bloom. Total Maximum Daily Load (TMDL) is the amount of pollutants that can be
discharged into a body of water without impairing the use of that water. Lehr explained
how the TMDL equation is calculated by adding impacts such as point sources, non -
point sources, wastewater discharges, includes a margin of safety, and reserve
capacity. This TMDL process has two parts, science and assessment to identify the
TMDL and current condition; and 2) creation of an implementation plan.
Lehr stated he would like to talk about how to reduce phosphorus concentrations from
getting into Lake Sarah. He explained the modeling process they use and then
presented a mathematical equation that determined physical/chemical/biological
relationships. In Lake Sarah, they looked at lake quality data from the last ten years
and put that data into models to find the estimation of total phosphorus to make the lake
look like that. Then they confirmed that number with a landscape model using a Soil
Water Assessment Tool (SWAT) model to determine how much phosphorus, on
average, comes from different types of land uses. The numbers from this model were
the same as found in the first model. To assure they are correct, they collected water
quality samples to find out how much phosphorus is running through the streams and
into the lake. These models determine where the phosphorus is coming from. Lehr
displayed a map showing the Lake Sarah Watershed and phosphorus yields. He used
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the map to note the City boundaries and areas that are showing higher levels of
phosphorus.
Lehr advised that the Lake Sarah TMDL goal is 1,076 pounds of phosphorous; the level
that can be in Lake Sarah without impairing the water quality. The current conditions
have 3,000 pounds of phosphorus so they need to determine how to reduce it by about
60%. The share of Medina is a reduction of 392 pounds of phosphorus. Lehr reviewed
the land uses in Medina and contributing phosphorus levels.
Lehr requested feedback on what are the best options•to meet the needs and methods
by the citizens of Medina. He stated that sometimes there is a tradeoff between costs,
impact on residents, and efficiencies. He stated capital projects like reconstructed
wetlands are very effective at removing phosphorus but cost a lot of money and do not
improve practices. Also cost share and incentive programs like soil phosphorus testing
are productive because sometimes ag fields have enough phosphorus for plant needs
so there is no need to add more phosphorus, which can run into streams and lakes.
Lehr stated ordinance/rules can be put into place to address storm water treatment and
education and outreach are important but it is difficult to determine how effective they
are.
Lehr addressed opportunities for restoration and best management practices, explaining
that a lot of runoff comes from agricultural land so they looked at the best way to
minimize phosphorus from agricultural land. One option is potential collaborations to do
an in -stream restoration project to make channelized stream sections more meandering
and connected to the flood plain. Other opportunities are soil phosphorus testing or
wetland reconstruction along Town Line Road to pull phosphorus into plant matter
before it gets to the lake. Lehr stated that best management practices are effective. He
stated they want to work with all municipalities to identify opportunities to remove
phosphorus so Lake Sarah can be used year round.
Cavanaugh asked about using barley straw along the ponds. Lehr stated sometimes it
does work and sometimes it does not, depending on the pond and site characteristics.
Smith asked if Medina has ponds where it would work. Lehr stated there is a pond in
Loretto where that option may be considered.
Weir stated the Lake Sarah TMDL meeting is tomorrow and, as Medina's
representative, she has been charged to come back with a set of agreed upon methods
to address Medina's TMDL to Lake Sarah. She asked about utilizing best management
practices. Lehr described stream restoration projects and how channelized systems can
be converted into meandering streams that are connected to the flood plain. He also
discussed the options of urban rain gardens, feedlot regulations, manure management,
keeping cattle out of streams, row crop agriculture best management practices, low -till
and non -till agriculture practices, and riparian buffer zones to remove nutrients.
Weir asked the Council to consider the list of best management practices.
Lehr advised of available grant programs to help reduce phosphorus runoff and the
Clean Water and Legacy Act that dedicates 30% to water quality improvement projects.
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Smith stated there are many options, some very expensive and others costing nothing,
and asked what is the number one thing Medina can do that would be the most effective
for the lowest cost. Lehr stated Medina's•best bets would be things that involve many
partners so costs can be spread out over many entities, and requirements that require
relatively little sacrifice on everyone's part such as phosphorus soil testing.
Smith asked how soil testing could be required. Lehr stated it would be required by
ordinance, voluntary programs, cost -share programs, or requiring a permit to apply
phosphorus that is conditioned on soil testing.
Weir stated the City currently does not have any enforcement ability for farming due to
the Right to Farm Act. Lehr stated the options he is suggesting are not against the spirit
of the Right to Farm Act.
Smith stated her support to consider an ordinance requirement and commented on the
difficulty with educational efforts. Smith stated her interest in the option of stream
meandering, noting Medina just went through septic tank testing to bring those systems
into compliance.
Weir asked if a grant could be an option to fund soil testing and then an ordinance can
be adopted to require soil testing. Attorney Batty stated he is unsure and would
research that option.
Cavanaugh requested input from Scherer who is a farmer and knows the impact of the
programs being suggested. Scherer stated that early on, he had suggested soil testing
because there can be benefit to farmers to find out if additional fertilizer is even needed.
He stated a lot of farmers are already doing this test and if a grant is offered, Medina
could get the test results.
Adams agreed there are opportunities through incentives or education.
Lehr stated information is available about testing based on the slope of the land, types
of crops, and types of soil. He advised of a cost share program available through the
NRCS for buffer filter strips that pays for the initial process of setting it up. Another
option to consider is to establish an easement. Lehr stated the farmer could also create
a mixed crop buffer by planting different species of crops. In this way, the crop closest
to the waterway would be harvested later so it could absorb the runoff from areas that
are harvested earlier. The buffer crop can also be pulp trees that remain on the soil for
a period of time.
Adams stated that he, Weir, Scherer, Lehr, and Bob Barth of Bonestroo talked about
these options and identified five implementation programs: 1) the Pond in Loretto; 2)
Stream Restoration; 3) Soil Testing; 4) Buffer Filter Strips; and, 5)'Development
Standards for this area. He advised that per the Comprehensive Plan, the earliest
segments of this area will develop is 2020 but, effectively the northern areas of Loretto
can develop in 2015. He noted Medina is requiring a 20% phosphorus loading reduction
with all new developments (citywide 'regulation) so that will be quantified and Medina will
take credit for that in its Implementation Program. He suggested Weir take those five
implementation programs to the Lake Sarah TMDL meeting tomorrow. Staff asks that
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the programs be included in the Local Surface Water Management Plan, which is in the
last stages of being finalized, and will provide grant opportunities for funds in 2010.
Lehr described how a stream meandering project will allow the plants along the stream
banks to absorb phosphorus and if a flooded condition, allow phosphorus to settle out.
Weir stated Loretto has agreed to provide the land for the meandering stream areas so
it would not impinge on the farmer or require utility line easements. Adams agreed that
it would be challenging to ask farmers to provide easements and participate if additional
land is needed.
Smith stated that grant money is wonderful but Medina may also need to consider
regulation. She noted that there is a State-wide ban on phosphorus fertilizers but it
does not apply to farmers.
Lehr commented on the benefit of including these measures in the City's Storm Water
Management Plan when making application for grants.
Weir suggested that rain gardens be added to the list of five methods mentioned by
Adams. Lehr stated the flows may exceed rain garden standards but it could be called a
constructed wetland or detention pond.
Cavanaugh also asked that the barley straw option be considered. Lehr stated that may
work in a detention pond option. Adams stated Medina previously contacted Minnehaha
Creek as well who indicated barley straw works in some areas, but not all. Cavanaugh
stated it is a cheap alternative so he would like it considered. Lehr advised that it only
works in still water, such as a constructed wetland.
Moved by Weir, seconded by Cavanaugh to direct staff to update the City's Surface
Water Management Plan to incorporate seven approaches to lower phosphorus loading
to Lake Sarah including: 9) Pond in Loretto; 2) Stream Restoration; 3) Soil Testing; 4)
Buffer Filter Strips; 5) Development Standards for this area; 6) Rain Gardens and
Constructed Wetlands and Detention Ponds; and, 7) Barley Straw in Still Water. Motion
passed unanimously.
VII. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Beth Nielsen stated their last meeting was held on November 19,
2008, and the majority of time was spent to review the recreationalsfield use policy and
field use fee schedule. She noted that document would be considered by the Council
tonight.
Smith thanked the Park Commission for the work they put into these issues.
C. Planning Commission
Benetti stated the Planning Commission will meet next Tuesday and consider two land
use applications: Woodridge Church for a 20,446 sq. ft. addition to the back of their
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facility; and, lot Tine rearrangement and variances to lot standards for Michael and Wally
Anderson. The Council will consider these requests in January, 2009.
VIII. OLD BUSINESS
A. Private Recreation Zoning Ordinance
Benetti stated on December 2, 2008 the Council discussed the Private Recreation
(PREC) zoning ordinance. He displayed a map, noting the three areas guided as
Private Recreation are the Medina Country Club, Camp lduhapi, and the Spring Hill Golf
Club. Previously they were included within Public/Semi-Public but during the Comp Plan
discussion, it was determined it should be divided into the PREC and Public/Semi-Public
and Recreation
Benetti stated it was recognized that private ownership of the property was a key
element in PREC. A proposal was discussed to develop residential units along the
perimeter of the Medina Golf and Country Club and there were also discussions about
churches, cemeteries, schools, and other uses in the PREC area.
Benetti noted the Comp Plan update states that "limited numbers of residential uses will
be included" within PREC, although it does not require a specific density for the
development or define what is meant by "limited numbers." PREC also identifies areas
held for open space and recreational activities, which are important to the overall
character of the community. But, the City does not hold conservation rights to preserve
them as Tong -term open spaces. To encourage owners to maintain these areas for the
enjoyment of the community, the PREC land use designation allows for limited
residential and business uses. A minimum of two zoning districts supporting this land
use will be required: one for urban service areas and one for rural areas.
Benetti displayed a chart depicting lot standards and impervious areas for different
classes and uses. He then presented the original draft that allowed limited development
and residential development up to 20% of the overall property, requires any
development to be within a density range of 3-5 units/net acre (consistent with Medium
Density Residential), and requires a PUD. Benetti explained that staff reconsidered the
need for a PUD approval process because the draft ordinance allows residential
dwellings as a permitted use. The PUD process for the Medina Country Club and other
property would require developers and other owners to be part of an overall PUD
agreement. Benetti explained that various ownerships may change or not share the
same desired outcomes or future development plans of others, so that may be
problematic.
Benetti advised that staff looked at alternatives to make residential dwellings a
conditional use with the City specifying regulations, and to allow residential development
without rezoning. However, staffs concern is that if all established CUP standards are
met at the time of the review, the City may be required to approve it.
Benetti noted that Cavanaugh had suggested creating a new zoning classification.
Then the City would rezone all three areas into a general PREC District and PREC-
Residential would only be permitted inside the PREC District and limited to Urban
Service areas. He noted it would be clearly defined from other PREC lands by means of
the platting process, and can describe certain development standards for housing and
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density. In addition, the Council retains more control and discretion through a zoning
process. This is not necessarily spot zoning since it is compatible with the Comp Plan in
targeting this area for some limited residential.
Benetti advised that the Planning Commission recommended increasing the percentage
of property that can be developed from 15% to 20%, increasing density from 3.5 to 5
units per acre, requiring two-sided architecture for houses, decreasing the level of hard
cover, and requested additional research on lot sizes.
Benetti displayed a table identifying new development'standards, noting minimum lot
size, setback requirements, impervious surface, building height, and outside storage
requirements.
Benetti stated the Council is being requested to provide direction on the preferred
alternative (PUD process, create a CUP process for residential, or create a separate
PREC-Residential District) and to table further consideration until January when staff will
present its recommendation.
Weir asked for clarification on the multiple ownership issue and whether allowing
residential development would help secure open space. Benetti stated staff met with
Mr. Hendry and Mr. Newman. All three have represented in various letters that they
have resolved the ownership issues and the separation can take place once the
ordinance is adopted. Benetti explained that the Medina Country Club would like to take
official ownership back from Mr. Hendry and preserve the golf course.
Adams stated the issue is land use control and what the Council wants this land to be.
He advised the Guide Plan stated at least a portion of this land could be residential but
the City does not want to create a zoning district around one boundary or based on the
economic circumstances of a property.
Cavanaugh stated he was initially interested in an effort to preserve open space and any
altemative except for a PUD seems to "leave the door open" for additional development
along other portions. Whereas, with a PUD you would need all parties involved and it
would restrict usage on other portions. He felt a PUD would be the best vehicle to use if
the Council's goal is to find a way to allow some development but keep the rest of the
property open.
Adams explained that staff also discussed that the land is guided to allow for some
residential component and questioned if the official zoning could occur at a later time in
conjunction with a land use application. He asked if the entire property can be zoned
PREC non-residential now, and then, when an application comes forward, a rezoning to
a specific area to include residential could be considered at that time. Also, by then the
ownership issues could likely be sorted out.
Batty stated that is a possibility. He explained the original strategy was that the entire
property would be zoned PREC-Urban and one allowable use would be limited
residential, based on a percentage. Then the question is the mechanism for taking that
potential residential off the shelf and developing it. Batty explained staff is suggesting
the Council may want to consider doing it by CUP instead of PUD. The issue raised is
to ask why create an interim step and not just create a companion district for residential.
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He advised that the Council retains the highest degree of discretion with a rezoning of
the property. He noted that if the City forces residential into a PUD, it results in having a
permitted use in the district that could only be used if subsequently rezoned. The
second point is that you would end up with a PUD that includes disparate uses (golf club
and residential), which are owned individually. Batty explained that the City wants the
uses and people involved in a PUD to have something in common with one another and,
over time, it would not have commonality to merit a PUD. Batty advised that it may be
better to look at an option that treats residential and golf course uses separately.
Cavanaugh stated there was discussion about an unresolved ownership issue and if
certain portions are rezoned, it does not solve the issue of keeping open space.
Weir stated she would not be interested in allowing housing if it did not assure keeping
open space.
Smith stated the area along Highway 116 was discussed for housing and, as seen all
over the metro area, it is viable development to put housing on a golf course. She
stated if Medina is looking for more housing, there may be a benefit to have it around
the golf course.
Cavanaugh stated that would also lose the viewshed and the open space. He stated
that if it does not preserve open space and help the Country Club, he would not be as
supportive.
Weir stated this issue came -about because of a wish to preserve open space and may
not be a zoning issue.
The Council discussed the option of zoning the property to PREC and allowing limited
housing on large lots to also provide open space.
Cavanaugh noted there are four PIDs and asked how the City would limit a residential
component on one parcel but not on the others. He pointed out that with a PUD
process, it is a joint consideration.
Batty noted that rezoning alone will not accomplish every thing the Council wants and
the process will need to also involve combining parcels or replatting. If and when this
ordinance is adopted, it exists in the text of the ordinance and does not actually rezone
the property, similar to the action taken with Uptown Hamel. Batty stated that before the
Council would want to map it, the Council would have to be convinced it makes sense
and that depends on how the lots lay out, how lots are combined, and how the
percentages work.
Adams asked what would be the risk of mapping it with rezoning the entire area as
PREC non-residential, and later to PREC residential that is accommodated with a plat
and site plan to a specific area. Batty stated the only "tweak" on the first approach is
that rather than requiring the utilization of a permitted use, moving residential to
conditional use would avoid the awkward position of having to rezone the property to
utilize a permitted use. He reviewed the draft ordinance language and the process to
create a PUD.
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Adams asked why an initial rezoning has to say residential is a permitted or standard
use (Section 4) since it is implicitly approved through the Comp Plan guiding. Batty
stated that raises the question whether a PREC ordinance lacking mention of residential
is consistent with the Comp Plan. Benetti clarified the Comp Plan requires two districts,
one for rural service area and one for urban service areas. The rural service area
makes no reference to residential uses.
Cavanaugh stated it seems to "open the door wide" for housing without getting what the
Council wanted initially (open space) when the process was started.
Smith stated if this is adopted, it does not happen until actually mapped but would leave
the option. Batty stated that is true but the Council has to be comfortable where it is
going because the basic land use decision is whether this guide designation is going to
allow residential. The approved Comp Plan makes that determination. Batty explained
that if the Council wants to carry through to allow some residential in PREC, then they
need to determine how to do it, by zoning or PUD or CUP.
Cavanaugh stated the PUD process is the only way the City could assure it is getting
what it wants and all the property is considered. Batty stated the City could also refrain
from mapping until a plat is submitted that makes sense.
Weir asked whether the City could be sued if residential is contained in the Comp Plan
and ordinance text but not mapped.
Batty stated the original staff version of the ordinance is that if by PUD, it means a
rezoning. The Council retains the greatest discretion if a legislative action is needed.
He stated that he does not like his suggestion to change from rezoning by PUD to a
CUP, because the Council would have less discretion with a CUP as compared to a
rezoning. Staff is asking whether to go with creating another zoning district (PREC-
Residential), which could be mapped on the property and would maintain more authority
for the City.
Smith stated support for the option of rezoning just the areas where the City is
interested in having residential instead of rezoning the entire area PREC.
Batty stated if the City is leaving the reference to "limited residential" in the Guide Plan,
then at some point through zoning the City will need to provide a mechanism for the
property owner to use the residential piece.
Cavanaugh presented a scenario where a large parcel of property is split so a portion
can be used for residential, is sold off, and under different ownership. He asked how
the owner of the remaining parcel can be denied residential. Batty stated the ordinance
language will have to make clear it is not a percentage remaining on the district but a
requirement on the original acreage.
Cavanaugh stated his concern that the draft language leaves ambiguity and does not
assure a buyout of other property owners. Batty stated he does not fear the Council will
be "backed into a corner by someone invoking the limited residential because the case
can be made it has fulfilled the limited residential requirement of the Comp Plan.
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Cavanaugh asked about the drawback of the PUD process. Batty stated if the entire
property is in a PUD, it creates the awkward position of requiring a rezoning to utilize a
permitted use, and if the PUD is over the entirety of the property there would be
disparate ownership and uses. One of things staff likes about the PUD option is that
even though uses may be different, there is uniform ownership or control. Batty stated
he does not know if it would work to have a PUD that includes residential property
owned by many different people plus the golf course.
Weir asked about keeping it all as PREC and allowing a limited housing option.
Smith stated the concern is how to ensure there would be a limited amount of residential
allowed but no more. She asked what is the best way to ensure that happens while
retaining open space.
Batty stated that the City's strongest position is to require a legislative act (rezoning) to
accomplish residential. Then the Council can approve or decline any residential
application. He suggested creating a separate PREC-Residential district so when
someone comes in andsays they want to develop the perimeter of the golf course, they
can be told to apply for a rezoning to PREC-Residential so the City can evaluate the
plan and determine whether it meets the overall Comprehensive Plan goal of limited
residential. Batty stated there is no way to prevent someone from making application
but the greatest degree of discretion for the City is to require a legislative action (like
rezoning) and have a percentage restriction. He noted, however, that a future Council
can change that limitation.
Weir stated it seems crazy that permitted uses for PREC-U do not include outdoor
recreational facilities, they are conditional uses. Benetti stated it is in the event of
another expansion of any outdoor recreational facility; they would have to follow the
CUP process.
Smith stated she is not sure an agreement will be reached on this matter tonight and
suggested a list of important issues be created and to ask staff to determine how to
meet that list of issues.
Cavanaugh stated he does not understand how the PREC rezoning process is stronger
than a PUD process.
Adams stated the Council has indicated it is looking for district regulation, preserving the
right to maintain open space, and to allow for some residential development but not to
perpetuate residential on every parcel. Adams stated staff will need to recommend
which process is the best option.
Smith stated the Country Club will also need to settle ownership issues.
Smith recessed the meeting at 8:59 p.m. The meeting was reconvened at 9:06 p.m.
Bruce Hendry, Minneapolis, stated he has had an interest in the golf club since 1982
and wants to no longer be an owner. He stated when the property is rezoned to the
satisfaction of Mr. Newman, he will take the portion of property he wants to develop.
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Hendry stated he is under contract with the golf club, which has the legal right to take
the remaining property. At that point, Mr. Hendry is no longer involved.
David Newman, Bancor Group, stated they were charged at a September Council
meeting to clarify land ownership. They met with staff and prepared a memo to
summarize their position, which was sent to all interested parties. He stated they also
tried to clarify the confusion that occurred at the last meeting. Newman stated they tried
to provide a response and assurance that the future of the golf club will be protected.
John Swierzewski, President of Medina Country Club, stated that while there are
multiple ownership interests, they have a contractual agreement to buy out Mr. Hendry if
the development goes forward. He stated they appreciate that the Council is
considering the issues they raised on the hardscape issues. He explained that until they
exercise their option, they don't have sufficient land to deal with the maintenance issues
because they need a larger piece of land to relocate their equipment storage. He stated
that ownership will be rectified by this and they intend to acquire the other parcel to
obtain the land they need.
Cavanaugh asked if the golf club is comfortable with the restrictions that could be
placed. Swierzewski stated they would like to see the ordinance so they can understand
the restrictions. He assured the Council they have no intent to develop land for
residential purposes. However, there is no guarantee of the future.
Smith stated she does not want them to think they can put housing on the rest of the
property if this moves forward. Swierzewski stated that is not their intent.
Smith stated this is not a public hearing but she will allow comment by the audience.
Steve Theesfeld, 600 Shawnee Woods Road, suggested, since the purpose of tonight's
discussion is to allow the Council to provide direction to staff, to think about what the
Council wants the entire piece of property to look like in five to ten years and then work
back from that point. He suggested staff be directed to create a law to allow that to
occur. Theesfeld stated he has no objection to development along Highway 116 and
thinks it would be great to put in two-story condo units that are affordable, maybe 1,000
sq. ft. He again stated he thinks the property along Highway 116 should be high -density
development. Theesfeld stated the concern along Shawnee Woods Road is to not
destroy the inherent character of their neighborhood and trees. If they need to move the
barn to develop the Highway 116 area, then they should be allowed to move the barn.
Theesfeld again suggested the Council direct staff to provide language that allows the
greatest leeway to consider the entire parcel, not just density along the north or west
sides, which would lock in the development that residents have objected to in the past.
Eric Voltin, 630 Shawnee Woods Road, stated he agreed with Mr. Theesfeld in not
objecting to development along Highway 116. He stated he understands the need to
secure a financial future but not at the cost of residents occupying the north side of the
golf course. He stated there should be a way to develop the property without having to
take out the forest. Voltin noted this is a huge golf course and could be replatted to
save the wooded area so it does not ruin their neighborhood. He stated he moved there
because he wanted the woods. Voltin explained he received a letter about the Bancor
Group proposal two weeks after they closed on their house and spent $250,000 on their
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December 2, 2008
515
property. He asked the Council to consider Theesfeld's comments and the residents of
Shawnee Woods Road who will be the greatest impacted.
Jill Voltin, 630 Shawnee Woods Road, stated she agreed with the comments of Mr.
Voltin and Mr. Theesfeld and has no problem with development along Highway 116 but
is concerned about development on Shawnee Woods Road. She stated this is a dirt
road with five homes so if something does go in, she would like it to mirror the five
homes on the other side. She suggested residents work with the Bancor Group to reach
a compromise agreement for the north side of Shawnee Woods Road.
Weir stated it appears the requirement for PREC and zoning for a specific area is the
best option. Cavanaugh stated he is not yet comfortable with that option.
Smith stated she is hearing there is some support for a PREC-Residential district to
apply to a limited area. Cavanaugh stated he wants it to encompass the entire area so
there is a buy off and ability to regulate going forward. Smith stated if there is more than
one ownership, this will not move forward.
Benetti asked Cavanaugh if he is looking for a cap on residential. Cavanaugh stated he
would like input from Dan Johnson and the Mayor, who is a real estate attorney, before
this moves forward.
Benetti explained that if only 20% of the site can be developed as residential and Bancor
uses 15%, then only 5% would be left over. Weir stated she would be more comfortable
with a maximum of 15% instead of 20%.
Moved by Weir, seconded by Cavanaugh, to table further consideration of the PREC
Zoning Ordinance to allow time for staff to redraft the ordinance and a full Council is
available for consideration. Motion passed unanimously.
B. Special Assessment Policy
Adams stated staff is not looking for direction but for substantive comments that can be
incorporated. He stated the road designation language can be considered at a future
meeting.
Smith referenced Section I. Policy Definitions, 2. Access, and noted some properties
may be farther back than 150 feet from the utility. Adams explained that hookup is a
separate issue.
Weir questioned Page 3, Section 16. Side -Lot Footages. Adams stated staff is working
on this standard and will create a visual map if needed.
The Council agreed with Weir's suggestion on Page 3, Section 19, Street, A. to
remove the words "such as"
Smith clarified that the City would not pay for sewer and water improvements from the
General Fund, but would be paid by the user. Adams stated if the question is where the
water and sewer assessment payments go, it would be the water and sewer funds, not
general fund.
Medina City Council Meeting Minutes
December 2, 2008
516
The Council agreed with Weir's suggestion to revise Page 9, second line, to
indicate: "...culverts, ditches, swales, rain gardens, street grading..."
Smith suggested the definition of reconstruction, rehabilitation, and street improvement
be inserted. Kellogg suggested a graphic be used, which would be space saving. The
Council agreed the definition of reconstruction, rehabilitation, and street
improvement should be included.
Smith asked about assessing 100% for sidewalks to residents if in a mixed -use area.
Adams stated this is a standard percentage. Kellogg agreed and noted they are also
responsible for maintenance of the sidewalk.
Adams stated this will be on a Council agenda after the first of the year.
IX. NEW BUSINESS
A. Field House Facility in Hamel Legion Park
Adams stated the Parks Sub -Committee and Park Commission have recommended the
City proceed with planning and construction of the Field House facility project for 2009
as outlined in the Project Timeline. He advised the project is included in the 2009 CIP
and would have sufficient funds for construction from donations and the park dedication
revenues.
Smith stated the time line was prepared to show the community that the Council was
committed to build a Field House next fall.
Weir asked if it is a workable time line. Adams stated it is workable, but tight. Weir
stated she applauded everyone who put work into this project.
Moved by Weir, seconded by Cavanaugh, to approve the Project Timeline for the Hamel
Legion Park Field House Facility. Motion passed unanimously.
B. Recreational Field Use. Policy
Weir asked if the current buildings will be removed. Smith stated they may not be
removed because some are used for equipment storage. Weir stated she hopes the
park will not appear cluttered with buildings. Adams stated staff will return with a
response to that question as well as field lighting and irrigation.
Adams stated Batty has provided grammatical corrections and staff is looking for
direction from the Council to approve with such corrections.
Administration Intern Kim Ann referenced the fee schedule information and explained
the concept of the field use policy to have fees in place so whoever uses the fields,
there is a set standard. Then if someone else wants a contract for seasonal use, there
is a base guideline. She presented the field use schedule and asked the Council to
consider the group designations and pricing for usage of the fields.
Ann explained the group designation is given for priority use of the fields. Reservations
will be accepted to use fields and once all are received, they will be prioritized by staff.
She stated they defined five designations, starting with: A.) City -Sponsored Events. B.)
Medina City Council Meeting Minutes
December 2, 2008
517
Local Youth Organizations (non-profit organization of children from the ages of 4-17
years of age, or 30% Medina residents on roster, and provides a public service in
Medina).
Weir referenced the description for B) Local Youth Organizations, and asked if there is
such a group with 30% of Medina residents on the roster. Ann stated there is not but
with the very active youth organization, 22-24% of their youth are Medina residents.
Also, there is a group from Wayzata that has close to 25% residents.
Smith stated there was Council discussion that the youth organization would get priority
to use the fields so they should strive to get 30% Medina residents. Ann stated this
designation will clarify to Medina residents who may not support athletic activities that it
serves more of the community.
Cavanaugh raised the possibility of negotiating a reciprocal agreement with other cities,
such as Plymouth, for discounted.field use based on percentage of residents on the
roster. An audience member indicated doubt that would occur.
Ann continued presentation of the last three designation descriptions: C.) Non Resident
Youth Athletic Associations (non-profit organization of children from ages 4-17 years of
age); D.) Local Adult Resident (with 30% Medina residents on the roster); E.) Non -
Resident Adult/Corporate Events.
Ann presented the field usage fee table, noting there is a nominal $5 per game and $10
per day fee for a "B User." She then presented the levels of security deposits, advising
there was a lot of discussion on this item.
Ann pointed out that Medina is separated from Plymouth, Orono, and Wayzata because
it does not have a Park and Rec Department or School District so the burden of the
fields lies with the City's Administration and Public Works Department.
Ann stated the policy allows someone to use the field without the contract process. This
would be considered for someone who wants to use the field for a month or two, one
night a week, or for a tournament. Seasonal usage would continue by the contract
process and negotiation.
Weir suggested a formatting change on Page 2 to make it more consistent. Weir asked
if litter is addressed. Smith stated it is addressed under Park and Field Use.
Moved by Cavanaugh, seconded by Weir, to approve the Recreational Field Use Policy
with the grammatical and technical corrections discussed. Motion passed
unanimously.
X. CITY ADMINISTRATOR REPORT
None.
XI. MAYOR & CITY COUNCIL REPORTS
Medina City Council Meeting Minutes
December 2, 2008
518
Weir advised that she met with Scherer, Loretto staff, and Lehr at the Loretto field to
discuss the option of making the meandering stream and enlarging the wetland. She
stated the Lake Sarah TMDL meeting will be on December 3, 2008 at the City Hall,
starting at 6:30 p.m.
XII. APPROVAL TO PAY THE BILLS
Moved by Cavanaugh, seconded by Weir, to approve the bills, EFT 000353-000359 for
$28, 883.24 and order check numbers 033302-033353 for $119, 906.24 and payroll
checks EFT 501685-501713 for $44,963.31. Motion passed unanimously.
XIII. ADJOURN
Moved by Weir, seconded by Cavanaugh, to aJjeit n the meeting at 10:- p.m. Motion
passed unanimously.
Carolyn Smitf, Acting Mayor
Attest:
Get
Chad M. Adams, City Administrator -Clerk
Medina City Council Meeting Minutes
December 2, 2008
519
ORDER CHECKS November 14.2008 - November 25, 2008
033302 ACCLAIM BENEFITS- $115.50
033303 ALTERNATIVE BUSINESS $1,078.42
033304 AMERICAN TIRE $420.63
033305 ASPEN EQUIPMENT CO. $57.09
033306 BROCK WHITE $2,982.00
033307 BUDGET PRINTING $301.19
033308 CHUNKS AUTOMOTIVE $94.34
033309 CIPHER LABORATORIES INC $1,843.94
033310 DOCUMENT RESOURCES INC $82.71
033311 ELECTRON HERDERS $20.74
033312 ERICKSON, ROLF ENT., INC $6,351.76
033313 EXXONMOBIL $187.46
033314 GOPHER SIGN CO. $79.15
033315 GOVERNING $16.00
033316 GREGOR, PATRICIA $83.30
033317 HARMON AUTOGLASS- $218.78
033318 HAWKINS INC. $3,081.15
033319 HEALTHPARTNERS (NEW) $21,790.08
033320 HENN COUNTY SHERIFF (JAIL) $165.25
033321 HENRYS WATERWORKS INC $172.96
033322 HONEST AUTO $3,137.02
033323 HOPPER, ROBERT $1,000.00
033324 HOSTINGMINNESOTA.COM $24.95
033325 KENNEDY & GRAVEN $14,811.64
033326 KONICA MINOLTA (COPIER $600.04
033327 LAW ENFORCEMENT LABOR $336.00
033328 LAW ENFORCEMENT TECH. $307.61
033329 LUBES UNLIMITED/MAYER DISTR $628.98
033330 METRO WEST INSPECTION $11,686.20
033331 MODERN MARKETING INC $112.60
033332 NAPA AUTO PART $576.47
033333 NELSON AUTO CENTER $23,998.32
033334 OFFICE DEPOT $53.63
033335 OFFICE OF ENTERPRISE $5.00
033336 ON SITE SANITATION $63.90
033337 ORONO, CITY OF $8,870.28
033338 PITNEY BOWES(RENTAL) $112.17
033339 SIGNS UNLIMITED $254.19
033340 SPRINT(POLICEINTERNET) $286.93
033341 SPRINT/NEXTEL $560.92
033342 STREICHER'S $1,424.97
033343 STS CONSULTANTS $329.75
033344 SUN NEWSPAPERS $56.58
033345 TIME SAVER OFFSITE SEC. $380.63
033346 TOWMASTER $5,672.63
033347 VIKING INDUSTRIAL CENTER $331.82
033348 WAYZATA, CITY OF $31.25
033349 WESTSIDE WHOLESALE TIRE $522.42
033350 WRIGHT HENNEPIN COOP $2,324.00
033351 XCEL ENERGY $1,838.41
033352 ZEP MANUFACTURING $332.17
033353 OFFICE OF CHILD SUPPORT $92.31
Total Order Checks $119,906.24
E-CHECKS November 14, 2008 - November 25.2008
000353E MINNESOTA, STATE OF $255.00
000354E PR PERA $10,364.91
000355E PR FED/FICA $12,206.91
000356E PR MN Deferred Comp $925.00
000357E PR STATE OF MINNESOTA $2,630.00
000358E FARMERS STATE BANK OF $25.00
000359E DELTA DENTAL $2.476.42
Total E-Checks $28,883.24
Medina City Council Meeting Minutes
December 2, 2008
520
PAYROLL DIRECT DEPOSIT November 14, 2008 — November 25, 2008
501685 ADAMS, CHAD M. $2,566.86
501686 ANN, KIMBERLY $538.20
501687 BARNHART, ERIN $1,280.31
501688 BELLAND, EDGAR J. $2,605.31
501689 BENETTI, TIMOTHY $2,008.01
501690 BOECKER, KEVIN D. $2,197.77
501691 CONVERSE, KEITH A. $2,383.24
501692 DAY, JEANNE M $1,895.96
501693 DINGMANN, IVAN W. $1,948.41
501694 DOMINO, CHARMANE $1,357.37
501695 DRESSEL, ROBERT P. $1,614.91
501696 FINKE, DUSTIN D $1,421.12
501697 GALLUP, JODI M $1,170.81
501698 GREGORY, THOMAS $2,072.34
501699 HALL, DAVID M. $2,232.92
501700 JESSEN, JEREMIAH S $1,290.99
501701 KLAERS GROTHE, ANNE M. $594.52
501702 LANE, LINDA $1,206.97
501703 LEUER, GREGORY J. $1,574.67
501704 MAROHNIC, NICHOLAS $499.62
501705 MCGILL, CHRISTOPHER R. $2,028.33
501706 MCKINLEY, JOSHUA D $534.00
501707 NELSON, JASON $1,912.60
501708 PETERSON-DUFRESNE, DEBRA $1,299.61
501709 PORTINEN, TERI $1,213.45
501710 REINKING, DEREK M $1,188.99
501711 SCHERER, STEVEN T. $1,808.32
501712 VIEAU, CECILIA M. $1,039.30
501713 VINCK, JOHN J. $1,478.40
Total Payroll Direct Deposit $44,963.31
Medina City Council Meeting Minutes
December 2, 2008