HomeMy Public PortalAbout12/02/2014 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 2, 2014
The City Council of Medina, Minnesota met in regular session on December 2, 2014 at
7:08 p.m. in the City Hall Chambers. Mayor Weir presided.
I. ROLL CALL
Members present: Anderson, Pederson, Martin, Martinson, and Weir.
Members absent: None.
Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
Tom Kellogg, City Planner Dusty Finke, Planning Consultant Nate Sparks, Public Works
Director Steve Scherer, City Finance Director Joe Rigdon, Chief of Police Ed Belland,
and Recording Secretary Amanda Staple.
II. PLEDGE OF ALLEGIANCE AND CEREMONIAL MATTERS
A. Resolution No. 2014-83 Accepting Resignation from Councilmember Jeff
Pederson from his Current City Council Seat (7:08 p.m.)
Johnson explained that Pederson was elected to a special two-year term during the
November 4t' elections and therefore would need to resign from his current seat and
accept the new seat.
Moved by Anderson, seconded by Martin, to adopt Resolution No. 2014-83 Accepting
the Resignation from Councilmember Jeff Pederson from his Current City Council Seat.
Motion passed unanimously.
B. Oath of Office for Councilmember Jeff Pederson for his Special Term City
Council Seat to Fill Vacancy in a Term Expiring January 2, 2017 (7:10 p.m.)
Johnson administered the Oath of Office to Councilmember Jeff Pederson.
C. Discussion to Fill Vacancy for the Remainder of Councilmember Jeff
Pederson's Term through January 5, 2015 (7:11 p.m.)
Johnson stated that this situation now allows for an appointment to be made to the
position made vacant by Pederson. He explained that Martin previously held the seat, to
which Pederson was just appointed and recommended that Martin be appointed to the
vacant seat as she is a current member of the City Council and was also re-elected
during the November 4th election.
Moved by Martinson, seconded by Anderson, to appoint Kathy Martin to the vacant
Council position through the term ending January 5, 2015. Motion passed
unanimously.
Batty offered an explanation of what had just transpired with council members. Following
the death of Tom Crosby, Weir was appointed mayor, vacating her council seat. Martin
was appointed to fill Weir's seat until a special election could be held. The special election
was held November 4 and Pederson was elected to fill the last two years of Weir's term.
Pederson resigned from his previous council seat and took the oath of office for the seat
he won at the special election. Upon Pederson taking the oath of office, Martin's
temporary appointment expired. Martin was then appointed to fill the one month
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December 2, 2014
remaining in Pederson's term. In January, Martin will begin serving a four-year term for
the seat to which she was elected at the general election on November 4.
D. Oath of Office for Councilmember to Fill Remainder of Councilmember Jeff
Pederson's Vacant Term (7:13 p.m.)
Johnson administered the Oath of Office to Kathy Martin.
III. ADDITIONS TO THE AGENDA (7:14 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:14 p.m.)
A. Approval of the November 18, 2014 Special City Council Meeting Minutes
Moved by Anderson, seconded by Martin, to approve the November 18, 2014 special
City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the November 18, 2014 Regular City Council Meeting Minutes
Moved by Anderson, seconded by Pederson, to approve the November 18, 2014 regular
City Council meeting minutes as presented. Motion passed unanimously.
C. Approval of the November 21, 2014 Special City Council Meeting Minutes
Moved by Martin, seconded by Martinson, to approve the November 21, 2014 special
City Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA (7:15 p.m.)
A. Resolution No. 2014-84 Accepting Donation from Seth Hoyt and Nancy
Samuels
B. Ordinance No. 570 Amending Section 512 of the Code of Ordinances
Regarding Surface Use of Lake Independence
C. Resolution No. 2014-85 Authorizing Publication of the Ordinance Amending
Section 512 by Title and Summary
Moved by Martinson, seconded by Pederson, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:16 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Thies stated that the Commission met the previous month to
discuss the Villas of Medina. She noted that the plan presented at the meeting was
different from what had been included in the packet but advised that the Commission
was pleasantly surprised with the changes. She stated that an eight -acre park had been
proposed and the Commission unanimously recommended approval of that item. She
advised that the Commission also reviewed the goals for the year and the progress the
Commission was able to accomplish this year.
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C. Planning Commission
Finke reported that the Commission will meet the following Tuesday to consider two
public hearings including a continuation of the Comprehensive Plan Staging Plan and a
discussion regarding nursing home and similar uses.
VII. NEW BUSINESS
A. 2015 Budget (7:19 p.m.)
Weir reported that the tax rate will be reduced by 5.7 percent for 2015 and explained the
budgeting process, which began in May of this year. She highlighted key issues during
the budget discussions including road improvement projects, debt service and capital
levies, and insurance cost increases.
1. Budget and Tax Lew Presentation — Public Comment
Johnson reviewed the proposed changes from the 2014 budget including the general
fund budget and tax rate proposed. He advised that a budget insert was mailed in
September to residents and reviewed the proposed tax levy rate of 23.6 percent. He
reviewed the proposed 2015 general fund budget, comparing that to the 2014 figures.
He reviewed the long-term needs including the road projects that will occur in 2015, fire
department needs and equipment needs. He advised that the Finance Department has
done an excellent job preparing the Financial Management Plan for viewing on the
website. He advised that the property valuations have been increasing, following the
recession. He advised that the new housing has helped to offset the cost of the new
public works/police facility. He reviewed the tax rate history of the City, noting that the
rate is trending downward and provided comparison tax rates for neighboring cities. He
advised that the proposed utility rate increase of three percent is consistent with the
direction from the September 2nd preliminary budget.
No public comments were made.
2. Resolution No. 2014-86 Approving 2015 Final Tax Lew
Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2014-86
Approving the 2015 Final Tax Levy. Motion passed unanimously.
3. Resolution No. 2014-87 Approving 2015 Final Budget
Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2014-87
Approving the 2015 Final Budget. Motion passed unanimously.
Pederson commended staff for doing such an excellent job preparing the budget
information.
B. Wealshire Comprehensive Plan Amendment Request — Public Hearing (7:30
p.m.)
Finke presented a request to amend the land use for the 22 acres of property located at
the northwest corner of Mohawk Drive and Chippewa Road from low density residential
to general business. He explained that this change would allow for the development of a
senior memory care facility on ten acres of the property. He reviewed the land uses of
the adjacent properties and the proposed Comprehensive Plan Amendment to change
the future land use of the property. He noted that the location would be limited to a right-
in/right-out onto Highway 55. He stated that the future land uses of the properties to the
north, east and west is low density residential while the future land use to the south is
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December 2, 2014
commercial. He stated that the amendment would not significantly change the
projections, infrastructure planning, etc., but advised that there is a fair amount of vacant
property currently guided for such use within the City. He stated that the applicant can
speak to the reason the subject property is preferable. He reported that the Planning
Commission held a public hearing on November 12th and was generally supportive of the
proposed use on the subject property although concern was raised relating to the other
potential uses which would be possible in the business guiding on the other portion of
the property. He stated that the Commission recommended approval but recommended
that the Council consider if there would be an alternative means to permit the use on the
property. He reviewed alternative options including amending the land use to another
use, to amend the zoning code to permit for this use within the R-1 zoning district, or to
utilize a Planned Unit Development (PUD) district where this use would be permitted for
flexibility with development standards.
Martinson questioned if there is a reason that a lot of this size could not be subdivided.
Finke stated that the lot could be subdivided, although not under the current guiding. He
advised that if the property were reguided to general business the lot could then be
subdivided.
Martinson asked if the lot were split the southern portion could be rezoned into another
zoning district.
Tom Wiskow stated that they would like to build a senior dementia care facility, similar to
what they built in Rogers and Bloomington. He stated that the building would be
residential in terms of appearance and function.
Cory Wiskow provided an aerial view of the property they own and operate in
Bloomington, which identifies the building as well as the adjacent uses, which are
residential and commercial. He advised that there is a 40-foot setback between the
facility and two residential homes and noted that the residents are very satisfied with the
use. He provided photographs of the building to display the quality of construction and
the buffering that is planted. He also provided photographs of the inside of the building
including common areas and resident rooms. He provided similar photographs of the
facility in Rogers. He advised that they also have an assisted living facility at their
Rogers location, which they developed at the request from the City of Rogers because of
demand. He stated that an assisted living facility could also be a future possibility in
Medina if desired.
Weir stated that she visited the Bloomington site and was very impressed with the
quality.
Tom Wiskow stated that his goal is to purchase 11.07 acres and noted that if a 75-foot
setback is required that would kill this development. He stated that if the total footprint
cannot be more than 20 percent of the total square footage of the property that would
also be detrimental as their goal is to create a one level facility under two phases of
construction which equal 33.1 percent of the total square footage.
Weir questioned if the intent would be to develop the entire 11.07 acres or just a portion.
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December 2, 2014
Tom Wiskow stated that he could not develop this project with a 75-foot setback and a
restriction of 20 percent of the site. He stated that the intent would be to construct
75,000 square foot building with the remainder of construction to be completed two
years later.
Finke advised that a PUD could be used to allow additional flexibility.
Pederson questioned the maximum height under the potential zoning districts.
Finke replied the maximum would be 2.5 stories.
Martinson questioned why one story is being proposed rather than a multi -level building.
Tom Wiskow explained that the best care for those with dementia is in a one level
residential setting, both in appearance and function.
Weir opened the public hearing at 7:57 p.m.
Donald Atkinson, 2000 Pawnee Road, stated that his property is adjacent to the northern
portion of this site. He identified the roadway that is heavily used and recommended
that Chippewa be continued east to Arrowhead along with this project.
Weir closed the public hearing at 7:59 p.m.
Martinson stated that if it is possible to split the property into two lots that would be
considerate of the low density residential in the area, as she was concerned with
possible industrial use in the southern half of the property. She explained that if the
property were split this zoning could be applied only to the northern portion.
Batty advised that would be possible but asked how realistic that would be to place
residential between commercial and this proposed use.
Weir stated that this is a very needed and desirable project for the City. She believed
the best way to move forward is to take the recommendation of staff to reguide the
property to general business. She noted that the use is essentially residential and would
not have a lot of traffic coming and going.
Anderson asked how many jobs the facility planned to hire.
Tom Wiskow estimated 175 to 225 employees, noting that these would be high quality
positions in the health care industry. He advised that these positions would be split into
three shifts, estimating 40 on duty employees on site at any given time.
Pederson felt that the setbacks would have to stay in place and noted that additional
land could be purchased. He stated that he would also be opposed to this if Chippewa
Road does not connect through.
Finke stated that there is an approved Stage I Plan to the south and east of this site,
noting that one condition of that approval was the construction of Chippewa Road. He
noted that if that development does not move forward the road would simply be planned
as a future roadway.
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December 2, 2014
Martin stated that she would support submission of a Comprehensive Plan Amendment
to the Metropolitan (Met) Council for a reguiding of the property to general
business/business park. She noted that any approval would be contingent upon the
approval of the Met Council and the review of the plans, noting that a PUD could be
used to provide additional flexibility. She believed that submission of the amendment
would be the first step, with additional evaluation occurring during the next steps.
Anderson stated that taking the next step would be appropriate as this would be a great
opportunity to bring in new business.
Pederson stated that his concern would be that if the property was reguided and this
development did not move forward, the property would still be reguided.
Weir explained that the City would apply for the amendment but the Council would still
have discretion over the site.
Finke explained that even if approval is granted from the Met Council, the Council can
still choose whether or not to enact the changes once the plans are reviewed.
Batty confirmed that this would be the first step to submit the amendment to the Met
Council. He explained that once that is returned to the City for approval, the Council will
have seen the details of the project and can then make the determination whether to
rezone the site. He advised that if everything were approved and the development did
not move forward, the Council could always choose to rezone the property to another
designation.
Moved by Martin, seconded by Anderson, to direct staff to prepare a resolution
approving of the proposed Comprehensive Plan Amendments to reguide the subject
property to general business/business park, subject to the conditions noted in the staff
report. Motion passed unanimously.
C. Ordinance No. 571 Establishing the Woodland Hills Preserve Storm Sewer
Improvement Tax District — Public Hearing (8:14 p.m.)
Johnson stated that this is a housekeeping item as taxing districts have been set up by
Medina over the storm sewers of homeowners associations.
Weir opened the public hearing at 8:15 p.m.
No comments made.
Weir closed the public hearing at 8:15 p.m.
Moved by Anderson, seconded by Martinson, to adopt Ordinance No. 571 Establishing
Woodland Hill Preserve Storm Sewer Improvement Tax District. Motion passed
unanimously.
1. Resolution No. 2014-88 Authorizing Publication of the Ordinance
by Title and Summary
Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2014-88
Authorizing Publication by Title and Summary. Motion passed unanimously.
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December 2, 2014
VIII. OLD BUSINESS
A. Dominium Stage II Plan Review/Preliminary and Final Plat (8:16 p.m.)
Sparks presented a Stage II Plan and Preliminary and Final Plat review. He advised that
a three -stage review is required for mixed use by ordinance. He stated that this would
be the second stage of the review, as the Stage I Plan was approved on October 21st.
He stated that the proposal includes 26 townhome units and one clubhouse. He
reviewed the adjacent property uses. He stated that the proposed project would have
eight total buildings intended for dwellings, which would include multiple townhome units.
He reviewed the density bonuses proposed and the proposed plans that would meet the
requirements of the zoning district. He stated that the Council requested additional
landscaping in the south central portion of the site during the Stage I review and advised
that seven additional trees were proposed for planting. He advised that fencing had also
been discussed and noted that a black chain link fence is planned for the northeast and
would terminate in the northwest corner of the site. He reviewed the recreational
features including two playgrounds for different age groups as well as additional open
space that could be used for other recreational activities. He noted that additional
recreational activities/equipment could possibly be checked but through the office. He
advised that only one family would be allowed to live in each unit, regardless of the
number of bedrooms. He reviewed the proposed design elements including building
materials. He stated that the Planning Commission found the plan to be generally
conforming to the mixed use ordinance and recommended approval, subject to the
conditions noted in the staff report. He noted that Belland commented that he would be
bringing forward a crime free multi -unit housing ordinance that would apply to this
property.
Weir stated that this item has been before the Council many times. She noted that this
is a smaller development than previously considered and believed it to be a better
proposal. She advised that the development meets the requirements of the zoning
district and therefore the Council has very little discretion. She expressed concern with
the safety in one location of the site due to golf balls. She also believed it would be
beneficial to have a portable basketball hoop on site and advised that she would be
willing to fund that item.
Nick Anderson, Dominium, stated that they would be willing to provide a basketball hoop
and/or soccer net.
Laronda Brown, resident of Dominium, stated that she has lived at a Dominium for 12
years and has found it to be beneficial for her family. She stated that the opportunity has
allowed her to go back to school and has provided educational opportunities for her
children as well, who have graduated from Wayzata and moved on to college.
Jaycie Sletten stated that she lives in a similar community in Albertville. She stated that
she has three children, one of whom has moved on to college and this development has
allowed her children additional opportunities in education and activities. She advised
that this housing development has allowed her and her children opportunities they would
not otherwise have on simply her income.
Moved by Martinson, seconded by Pederson, to direct staff to prepare resolutions
granting plat and Stage ll approval, based upon the findings included within the staff
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report and subject to the conditions recommended by the Planning Commission and
directing staff to work with the applicant regarding equipment for older children. Motion
passed unanimously.
B. Villas at Medina Golf and Country Club General Plan PUD/Preliminary Plat
(8:31 p.m.)
Pederson recused himself from the discussion.
Anderson asked the developer to consider tabling the matter so that it could be
reconsidered by the Planning Commission. He explained that the City Council defers, to
a large extent, to the Planning Commission as they hold that group in high regard. He
advised that the Planning Commission unanimously denied the request but has asked to
review the plans again. He noted that this is a revised plan and believed that would
benefit the developer for the Planning Commission to review again. He advised that this
would require that the developer grant the City a time extension.
Weir felt that the Council could act on what is presented because it is a different plan.
Martin asked where the timeline stands.
Sparks reported that the current timeline expires on January 5th and advised that if that
path were followed a 60 day extension would be needed.
Chuck Alcon, Rachel Contracting, stated that they would like to hear the input of the
Council before responding.
Weir stated that this is a different plan than what was reviewed by the Planning
Commission, noting that 8.8 acres of mature woodland would be given to the City to
preserve. She referenced a Lennar development where the City was able to preserve
half of the woodland area and believed this to be a similar situation. She stated that if
two acres of woodland were lost, 8.8 acres of high value, old growth woodland would be
gained. She stated that she would like to move forward, rather than delaying the request
through another round in the Planning Commission.
Sparks presented an application to place some residential uses along the edge of the
golf course. He explained that a PUD would allow for mixed uses in order to achieve
something that meets the intent of the ordinance. He stated that this development
proposed 43 residential uses, 35 of which would be located along a roadway that would
be created that would be considered villas or detached townhomes. He stated that 28 of
those units would have side loading garage doors, while the other units on the northern
portion would have street facing garages. He advised that there would be eight more
regular style single-family homes along Shawnee Woods Road. He advised that a park
of just under nine acres in size is also proposed. He stated that the Concept Plan
included 54 units, which have been decreased in order to preserve the woodland area.
He reviewed the Comprehensive Plan land use, noting that the property is guided private
recreation and would allow limited amounts of residential uses within the land use
designation. He noted that the par three golf course is actually zoned multi -family
residential. He explained that the applicant is requesting to rezone the whole property,
both the private recreation and multi -family residential, to PUD. He stated that there are
some standards of which the applicant is seeking flexibility in order to provide this type of
development with the existing use, the golf course. He provided sketches of the design
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December 2, 2014
for the villas proposed for block one, which would also include a buffer yard and 30-foot
wide street surface with parking allowed on only one side. He reviewed the design
proposed for block two, explaining that the street would backup to the Woods of Medina
development which would create double frontage homes. He advised that the developer
would propose a buffer space with privacy fence and noted that the Woods of Medina
lots are very deep and heavily wooded. He referenced block three in which the
developer is proposing a low -density R-1 type housing, with flexibility. He advised that
block four would be recommended as park to preserve the woodland area. He stated
that the tree preservation ordinance allows for removal of up to 15 percent, noting that
the application as proposed is around 12.5 percent tree removal. He advised that
ponding would be proposed as well as extensive storm system and drain tiles proposed
behind the homes which would be maintained by the homeowners association. He
stated that as proposed the development plan could work to address the water issues
currently on site. He confirmed that the Planning Commission did not review this version
of the plan, noting that the park has been increased from under one acre to 8.8 acres.
He stated that by ordinance two acres of park would be the adequate park dedication
and noted that the additional park would be in return for the additional flexibility
requested. He was unsure if the changes to the plan would have an impact on the
decision of the Planning Commission to deny the request. He stated that if the Council
feels that this would meet the PUD requirements he would recommend approval subject
to the conditions noted in the staff report.
Martin stated that the Park Commission was very pleased with this version of the plan
and mentioned a trail connection to the nearby retail area. She asked for additional
information.
Finke stated that was not part of the recommendation of the Park Commission but
presumed that connection would be along the east side of the property. He advised that
the item was not included in the proposal or recommendation.
Martin asked if there were innovative storm water or low impact development practices
incorporated into the plan.
Kellogg stated that he would not call the approaches innovative but would call them
unique. He advised that the villas would have a drainage system in the backyard that
would travel to a stormwater pond. He stated that the plan allows for filtration as the
soils do not allow for infiltration. He did not feel that the plan goes above and beyond
but would meet the requirements.
Anderson confirmed that a land use would need to be found appropriate and then it
would need to be considered whether a PUD would also be appropriate.
Finke advised that this is a unique situation as there is a fairly broad designation within
the land use. He stated that the developer is attempting to show that the goals of the
PUD ordinance are being accomplished. He stated that the applicant could have moved
forward on another option but chose to formalize the limited residential of the golf course
in conjunction with the PUD.
Martin stated that the southeast corner of the site is currently zoned for higher density
residential and is about 13.8 acres in size. She questioned the land area consumed by
the lots, setback buffers and new roads proposed on the north and west sides.
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December 2, 2014
Sparks estimated 21 acres with the pond, and 17 to 18 acres without the pond area.
Marty Campion, project engineer, referenced the innovative approach to stormwater
management and stated that there has been discussion with reusing the water in the
ponds for irrigation.
Alcon stated that in the future if the golf course develops the trail could be extended to
the south.
Rick Denmann, Charles Cudd de Novo Homes, stated that six years ago they had
worked with a different developer on the same site. He stated that they had great
success with Medina Highlands, which has the same buyer profile. He stated that the
luxury empty nest buyers is a great niche for them and is not being served in Medina
right now. He stated that in Medina Highlands they constructed attached homes, while
these would be detached homes. He stated that the average lot in block one average
about 25 percent larger than the R-2 zoning district. He stated that the same side yard
setbacks are proposed which meet or exceed the R-2 zoning district. He explained that
the side loading garages look much better from a streetscape aspect and provide more
privacy between the street and front door.
Weir referenced the eight units on Shawnee Woods Road and questioned if the depth of
the lots on block three could be reduced to save additional trees.
Denmann stated that perhaps but that would require the setback in the front to be
shortened. He was unsure how that would affect drainage.
Campion explained that the tree cutting in that area has been reduced but is necessary
in order to facilitate drainage.
Martin questioned if there would be a possibility to setback the homes further from the
right-of-way without additional tree cutting in that area.
Campion confirmed that would be possible to set the homes back further but advised
that would not save additional trees in the front because of the grading that will occur.
He confirmed that the homes could be setback further from the roadway without losing
additional trees.
Anderson confirmed that the homes could be moved 30 to 35 feet from the right-of-way.
Campion confirmed that could be done, noting that at a certain point additional trees
would be lost. He believed that the homes could be setback an additional ten feet
without losing additional trees.
Alcon referenced the staff report, noting that the tree preservation has been reduced to
12.5 percent, which is below the 15 percent allowed. He advised that the wetlands on
the site will not be disturbed and the stormwater will be management entirely onsite. He
advised that there will be a homeowners association and believed the landscaping
comments could be accommodated on the final plans. He identified the 8.8 acre tree
preservation park would be adjacent to the Wild Meadows area that is also preserved
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December 2, 2014
creating a contiguous preservation area. He highlighted the benefits he believed that the
PUD would create and asked that the City Council to approve the request.
Weir stated that granting the PUD would allow open space and for the golf course to
continue. She highlighted golf courses in other communities that are being sold and
developed. She stated that if the open space is going to remain there needs to be
something innovative, such as this, in order to preserve the golf course. She noted that
the homes will be very high end and attractive and stated that although the double
frontage would not be ideal, the privacy fence and landscaping would be attractive. She
questioned if grading and tree cutting for block three could be delayed until the other two
blocks are complete, which would allow for additional privacy for the existing
homeowners.
Steve Theesfeld, 600 Shawnee Woods Road, stated that his concern is that the
comments have been made that the four homeowners on Shawnee Woods will be
selling. He stated that the four homeowners have approached developers and have
been told that it would not be cost effective to develop those properties because of the
tree preservation ordinance. He stated that the homeowners spent a lot of money
investing in their properties in order to prepare for the proposed zoning. He recognized
the desire of the golf course to preserve the par three golf course but believed that the
Council is responsible for preserving the investment of homeowners. He commended
Charles Cudd for their presentation but did not believe that this request meets the intent
of a PUD. He referenced the raised height along the Shawnee Woods Road for those
lots and had concern that additional drainage would be sent onto their properties.
Eric Voltin, 630 Shawnee Woods Road, stated that he has spoken out against the loss of
the trees. He believed it to be a false argument that in order to preserve the trees in the
park area, trees in this area need to be cut. He did not believe that the landowner has
rights to develop that area of the property. He stated that the application has only
changed in a small way, as there had not been development planned in the tree
preservation area before. He did not believe there was additional tree preservation
planned in this version.
Mark Czech, 660 Shawnee Woods Road, stated that they are all aware of the issues
and concerns regarding this proposal. He stated that although many questions have not
been answered, the reason they are here tonight is to determine if the application meets
the intent of the PUD ordinance. He stated that the Planning Commission has found that
the application does not meet the intent of the ordinance and believed that the Council,
appointed by the residents of the City, should stand behind the decision of the Planning
Commission. He explained that decisions involving the entire community are not left to
one entity and that is why the system of checks and balances, including the Planning
Commission, has been developed. He asked that the Council support the
recommendations of the Planning Commission and deny this request.
Martin questioned how wooded the lots of the four homes along Shawnee Woods Road
are.
Czech advised that the tree line extends to the roadway.
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December 2, 2014
Anderson confirmed that all the properties of the four homes continue south of the
roadway. It was also noted that edge of the properties include a road and sidewalk
easement.
Jill Voltin, 630 Shawnee Woods Road, referenced the cul-de-sac placement and was
curious why that would be designed in that manner. She referenced the southeast
corner of the property zoned for development and questioned why the applicant is not
limited to that for development.
Elizabeth Theesfeld, 600 Shawnee Woods Road, referenced the discussion where the
homes along Shawnee Woods Road would be setback from the road further and
questioned if the road could then be moved towards those properties in order to split the
roadway.
Martin explained that the road easement exists and the homes in existence along
Shawnee Woods Road purchased those lots with the easement in place.
Batty stated that this is an a -typical situation but is not unique. He stated that the City
obtained that easement in 1977 for street and utility purposes. He stated that typically
when property is platted the area would be split between two properties but noted that it
is not unique that a full right-of-way be taken from one property, when that property
develops first. He referenced the vacation of a portion of the easement along Shawnee
Woods and stated that would have no impact along the remainder of the easement. He
stated that the City can use the easement for the purpose granted, which is street and
utility.
Kimberly Murrin, 290 Cherry Hill Trail, stated that this is an opportunity for Rachel
Contracting to build luxury townhomes, which would move development from the par
three and would result in luxury townhomes. She stated that if this is not done it is
unknown the quality of multi -family residential that would develop on the par three site.
She stated that this area is zoned for development and will develop. She explained that
this development placement would also assist the country club, which she believed was
a benefit to the community. She explained that by moving the growth to the proposed
site would assist the country club, which provides a gathering place and jobs. She
advised that if the country club fails that area will be developed and this would place the
development where it would make the most sense. She believed that this would benefit
the greater good of the community. She stated that if people do not want more growth in
the community the zoning should be reviewed as the Comprehensive Plan shows the
area zoned for development. She stated that the contractor has made some
concessions in order to assist in the process.
Heather Czech, 660 Shawnee Woods Road, emphasized that development is marching
on. She believed that the development is moving ahead prior to the traffic problems
being solved. She stated that the development to the north of the City is impacting
Medina as well. She believed that additional infrastructure would need to be in place
before additional development is added.
Scott Peterson, President of Medina Golf and Country Club, stated that over the last
several weeks the City Council has received calls and emails in support of the
development. He stated that this is a great compromise solution that Rachel has worked
diligently in reducing the footprint and loss of trees and worked with the golf course to
Medina City Council Meeting Minutes 12
December 2, 2014
preserve the par three and remove the housing from that area. He stated that this
application would solve all of the issues on that parcel in one project. He recognized
that this would place homes on both sides of the Shawnee Woods Homes in existence
but believed that this is a terrific outcome for all parties involved.
Moved by Anderson, seconded by Weir, to briefly recess the meeting at 9:43 p.m.
Motion passed unanimously.
Weir reconvened the meeting at 9:47 p.m.
Weir stated that this is a different application and believed there were increased benefits
to the City. She stated that she could consider sending this back to the Planning
Commission if the item could be on the agenda for the Planning Commission the
following week and back before the Council at their next December meeting.
Finke advised that the requirements for a public hearing have been met and believed it
was in the ability of the City Council to send the application back to the Planning
Commission for consideration without an additional public hearing notice.
Batty agreed that the statutory requirement for a hearing have been met. He stated that
it is probably that most people interested in this issue are in this room and staff could
make an effort to notify anyone that may be interested. He advised that once the initial
public hearing notification is made there is not additional notice sent to follow up on the
item. He stated that a good faith attempt could be made but did not think there would be
a legal problem.
Weir stated that she would not like to slow down the developer as they have been a
great listener and have accommodated requests. She appreciated the ability for the
Planning Commission to consider the request again.
Batty referenced the timeline date of January 5th.
Finke explained that normally once the Council reviews the issue they direct staff to
prepare a resolution of approval to be approved at the next meeting, which would be
January 6th. He advised that the Council could direct staff to prepare the resolutions at
this time, pending the input of the Planning Commission, and action could be taken at
the December Council meeting.
Weir confirmed that Alcon would be in agreement with this direction.
Martin confirmed that there will be improvements to that section of Shawnee Woods
Road along with this development. She also confirmed that the roadway surface will not
be wider than the existing roadway.
Don Rachel explained that the sidewalk will be on the south side of the roadway and
further expansion needed would occur on the south side of the roadway.
Alcon confirmed that this would be referred to the Planning Commission for their review
the following Tuesday and back to the Council the following Tuesday with an extension
of the review period to January 6th. He agreed with this route.
Medina City Council Meeting Minutes 13
December 2, 2014
Anderson recognized that this may not be the most favorable decision but believed that
it would be important to involve the Planning Commission in review of this plan.
Weir referenced the idea to delay the disturbance along Shawnee Woods Road unit
blocks one and two are well along their way.
Anderson stated that he would like additional information on the zoning that would be
used for blocks one and two.
Batty clarified that the property would be rezoned to PUD for the entire site.
Martin stated that she would encourage dialogue with the neighbors regarding whether
they would like the development delayed or whether they would like it all completed as
fast as possible. She felt it would be beneficial to see additional front yard setback for
block three to 35 feet, with the exception of lots one and eight. She also wanted
affirmation that when the roadways are completed that there would not be any road
improvements beyond the northern boundary of the existing roadway. She also asked
for affirmation from Kellogg in consultation with the applicant and that drainage proposed
for blocks two and three to ensure that all drainage flows south and does not flow to the
properties to the north. She believed that the spirit of the PUD ordinance is met with this
development, with some tweaking. She was hard pressed to believe that this would not
be an appropriate PUD development and noted that a lot of concessions have been
made by the developer. She thanked the residents for their input and noted one does
not always have control over what occurs on the other side of the street, noting that this
is a high quality developer.
Moved by Martinson, seconded by Anderson, to table the request to allow for a review of
the Planning Commission and to come back before the Council on December 16, 2014.
Motion passed unanimously.
Pederson rejoined the Council.
IX. APPROVAL TO PAY THE BILLS (10:08 p.m.)
Moved by Martinson, seconded by Pederson, to approve the bills, EFT 002875E-
002906E for $89,441.50, order check numbers 042131-042199 for $261,620.67, and
payroll EFT 506042-506068 for $47,917.45. Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT (10:08 p.m.)
Johnson reported that the recognition event on December 4th has been moved to the
Hamel Community building. He advised that an open house will be held at 5:00 p.m. on
December 16th for Weir and Martinson to thank them for their service.
Xl. MAYOR & CITY COUNCIL REPORTS (10:09 p.m.)
Martinson stated that she found the business tour to be enjoyable.
XII. ADJOURN
Moved by Martinson, seconded by Pederson, to adjourn the meeting at 10:10 p.m.
Motion passed unanimously.
Medina City Council Meeting Minutes 14
December 2, 2014
"
E l i t h W e i r , M a y o r
A t t e s t :
1 1
S c o t t J o h n s o n , C i t y d m i n i s t r a t o r
M e d i n a C i t y C o u n c i l M e e t i n g M i n u t e s 1 5
D e c e m b e r 2 , 2 0 1 4
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Medina City Council Meeting Minutes 16
December 2, 2014
ORDER CHECKS November 19, 2014 - December 2, 2014
042131 DESHMUKH, KIRTIBALA $500.00
042132 MALLETT, CHRISTOPHER/JUDY$383.05
042133 MARASAKATLA, SUNITHA $180.00
042134 MATHESON TRI-GAS INC $269.96
042135 SMITH, JESSICA $150.00
042136 ERICK OR ALISON KAARDAL $154.37
042137 RAUDA MAHFOUZ $225.00
042138 MAKING A DIFFERENCE $250.00
042139 MATTAMY MPLS PRTNSHP $30,000.00
042140 NIH HOMES, LLC $34.37
042141 RICHIE, AL/MARILYN $39.80
042142 ROBINSON, MARK $160.00
042143 SAHNEY, JATIN $500.00
042144 SCOTT/GLORIA SHANNON $61.15
042145 STEADMAN, MARCUS $40.46
042146 TALLEN & BAERTSCHI $5,411.74
042147 TIMBERIDGE BUILDERS INC $10,000.00
042148 ACTION FLEET inc $1,575.19
042149 ALDEN POOL & MUNICIPAL SUPPLY $872.50
042150 ALLIED 100,LLC $48.94
042151 BATTERIES + BULBS $139.60
042152 BIFFS INC $82.28
042153 CARGILL INC. $6,413.94
042154 CARLSON CLEANING $616.00
042155 CITY OF CORCORAN $864.00
042156 ECM PUBLISHERS INC $82.94
042157 EQUIFAX $12.83
042158 GDS, LLC $52.82
042159 GRAFIX SHOPPE $93.61
042160 GRAINGER $85.26
042161 HACH COMPANY $544.36
042162 HAMEL VOLUNTEER FIRE DEPT $57,350.00
042163 HD SUPPLY WATERWORKS LTD $3,909.01
042164 HENN COUNTY INFO TECH $898.57
042165 HENRYS WATERWORKS INC $877.00
042166 HOLIDAY FLEET $508.81
042167 LAW ENFORCEMENT LABOR $720.00
042168 LEAGUE OF MINNESOTA CITIES $315.00
042169 MADISON NATIONAL LIFE $559.46
042170 MAPLE PLAIN FIRE DEPT $2,619.15
042171 MARCO INC $51.22
042172 NAPA OF CORCORAN INC $29.38
042173 NORDGREN AUTOMATIVE INC $1,080.63
042174 NORTH MEMORIAL $50.00
042175 PHYSIO-CONTROL INC $65.50
042176 POWERHOUSE SYSTEMS LLC $27,750.00
042177 PRAIRIE RESTORATIONS $3,425.00
042178 ROLF ERICKSON ENTERPRISES INC $6,880.40
042179 S & S TREE SPECIALISTS $255.00
042180 SAMS LAWN & LANDSCAPE INC $300.00
042181 STREICHER'S $641.84
042182 SUBURBAN TIRE WHOLESALE INC $125.82
042183 TEGRETE CORP $1,332.00
042184 TIMESAVER OFFSITE $131.00
042185 VACKER INC $1,306.00
042186 VIKING INDUSTRIAL CENTER $21.70
042187 WESTSIDE WHOLESALE TIRE $835.60
042188 ALL AMERICAN TITLE $10,000.00
042189 CENTURYLINK $651.32
042190 CHARLES CUDD DE NOVO $1,000.00
042191 EATON, CHRISTINE $250.00
042192 HANSON, MICHAEL $150.00
042193 KALAVATHI, AJITHKUMAR $250.00
042194 US HOME CORP $20,000.00
042195 MATTAMY MPLS PRTNSHP $50,000.00
042196 PRIGGE, KRISTEN $150.00
042197 RPC LLC $6,000.00
Medina City Council Meeting Minutes 17
December 2, 2014
042198 GREGORY SMITH $237.06
042199 ELM CREEK WATERSHED $1,050.00
Total Checks $261,620.67
Electronic Payments November 14, 2014 — November 26, 2014
002875E $13,550.86
002876E $14,702.91
002877E $1,000.00
002878E $3,210.07
002879E $540.00
002880E $18.00
002881E $20.00
002882E $1,642.16
002883E $1,068.29
002884E $118.96
002885E $349.50
002886E $1,940.42
002887E $219.90
002888E $386.56
002889E $13,224.10
002890E $14,741.88
002891E $1,000.00
002892E $3,255.40
002893E $540.00
002894E $18.00
002895E $20.00
002896E $966.00
002897E $4,153.41
002898E $11,238.48
002899E $168.48
002900E $404.85
002901E $47.00
002902E $219.90
002903E $270.40
002904E $123.00
002905E $197.33
002906E $85.64
PR PERA
PR FED/FICA
PR MN Deferred Comp
PR STATE OF MINNESOTA
SELECT ACCOUNT
CITY OF MEDINA
FARMERS STATE BANK OF HAMEL
WRIGHT HENN COOP ELEC ASSN
VERIZON WIRELESS
EXXONMOBIL FLEET - WEX BANK
CENTERPOINT ENERGY
ELAN FINANCIAL SERVICE
MEDIACOM OF MN LLC
AFLAC
PR PERA
PR FED/FICA
PR MN Deferred Comp
PR STATE OF MINNESOTA
SELECT ACCOUNT
CITY OF MEDINA
FARMERS STATE BANK OF HAMEL
MINNESOTA, STATE OF
SELECT ACCOUNT
XCEL ENERGY
KONICA MINOLTA
HARTFORD LIFE
FARMERS STATE BANK OF HAMEL
MEDIACOM OF MN LLC
PAYMENT SERVICE NETWORK INC
PITNEY BOWES
PIVOTAL PAYMENTS INC
PREMIUM WATERS INC
Total Electronic Checks $89,441.50
PAYROLL DIRECT DEPOSIT November 5. 2014
506042 ALTENDORF, JENNIFER L. $1,338.08
506043 BARNHART, ERIN A $1,945.28
506044 BELLAND, EDGAR J. $2,346.39
506045 BOECKER, KEVIN D $3,033.98
506046 CONVERSE, KEITH A. $2,108.68
506047 DINGMANN, IVAN W. $2,534.31
506048 DOMINO, CHARMANE $1,676.25
506049 FINKE, DUSTIN D $2,169.34
506050 GALLUP, JODI M. $1,825.49
506051 GLEASON, JOHN M $2,063.31
506052 GREGORY, THOMAS $1,795.32
506053 HALL, DAVID M $2,055.30
506054 HUNZ, MATTHEW E $522.66
506055 JESSEN,JEREMIAH S. $1,907.10
506056 JOHNSON, SCOTT T $2,164.74
506057 KLAERS, ANNE M. $1,601.97
Medina City Council
December 2, 2014
Meeting Minutes 18
506058 LANE, LINDA $1,437.27
506059 LEUER, GREGORY J $1,999.61
506060 MCGILL, CHRISTOPHER R. $1,778.48
506061 NELSON, JASON $2,150.44
506062 PETERSON, DEBRA A. $1,536.56
506063 REINKING, DEREK M $1,803.29
506064 SCHERER, STEVEN T $2,388.84
506065 VIEAU, CECILIA M $1,174.79
506066 VINCK, JOHN J. $1,829.65
506067 WENANDE, BRANDON S. $471.38
506068 WHITE, JANET $258.94
Total Payroll Direct Deposit $47,917.45
Medina City Council Meeting Minutes 19
December 2, 2014
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