HomeMy Public PortalAbout12-07-2021 City Council MinutesMEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 7, 2021
The City Council of Medina, Minnesota met in regular session on December7, 2021 at
7:00 p.m. in the City Hall Chambers. Mayor Martin presided.
Martin read a statement explaining that the meeting is being held in a virtual format due
to the ongoing pandemic and provided instructions for public participation.
I. ROLL CALL
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid.
Members absent: None.
Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi
Gallup, City Attorney Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim
Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and
Chief of Police Jason Nelson.
II. PLEDGE OF ALLEGIANCE (7:02 p.m.)
III. ADDITIONS TO THE AGENDA (7:03 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:03 p.m.)
A. Approval of the November 16, 2021 Regular City Council Meeting Minutes
Martin stated that prior to the meeting, Johnson distributed proposed changes for
incorporation as submitted by herself and Cavanaugh.
Albers noted on page three, line 35, it should state, "...development of for residential."
Moved by Martin, seconded by Albers, to approve the November 16, 2021 regular City
Council meeting minutes as amended.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
•
Motion passed unanimously.
V. CONSENT AGENDA (7:04 p.m.)
A. Approve LMCIT Liability Insurance Renewal Waiver
B. Approve 2022 Kennedy and Graven Rates
C. Approve 2022 WSB Rates
Medina CityCounal Meeting Minutes
December 7.2021
1
D. Adopt Resolution 2021-84 Establishing Polling Places for 2022
E. Approve 2022 Tobacco License Renewals
Moved by Cavanaugh, seconded by Reid, to approve the consent agenda.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
VI. COMMENTS (7:06 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reported that the Park Commission will meet the following week to consider park
goals, Park Commission terms, the Lakeshore Park survey, and reviewed the asset
inventory document. He noted that it will be the last meeting for Commissioner Steve
Lee.
Martin expressed thanks for the great work Commissioner Lee has done on the Park
Commission.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to hold a
public hearing to review the rooftop elements ordinance.
VII. NEW BUSINESS
A. 2022 Budget (7:08 p.m.)
1. Budget and Tax Levv Presentation — Public Comment
Johnson stated that staff is recommending a budget of $5,742,058 and total levy of
$4,980,597. He noted the recommended budget is consistent with the preliminary
budget adopted on September rh. He thanked the Council for its leadership and
Barnhart and Department Heads for their excellent work.
Barnhart stated that there have been several detailed, in-depth discussions between the
Council and staff as this process began in June. She stated that a preliminary budget
was set in September and highlighted a few of the minor changes that have been made
since that time that have a positive impact on the budget and levy. She noted that
reductions to line items and savings from other items that came in under anticipated
amounts were moved to a future fire facility. She provided additional details on staffing
changes and related wage adjustments. She noted that health insurance increases will
be split between the City and employees. She stated that Public Safety continues to be
the largest portion of the budget. She stated that the property tax levy contributes to the
majority of the general fund and highlighted the other sources of revenue for the City.
She provided comparison information from other municipalities based on the preliminary
Medina City Council Meeting Minutes
December 7.2021
2
budgets adopted in September. She stated that Medina falls in a favorable spot in
comparison to the neighboring cities. She stated that they are seeing much higher
market values, noting a 6.9 percent market value increase. She questioned how long
the market value can increase at this rate. She provided examples of tax increases or
decreases a home would see depending upon the percentage of change in market
value. She explained how property taxes are allocated between the different entities.
She stated that the utility rate analysis from 2018 was updated and it was determined
that a zero percent increase is reasonable for sewer and water, and a three percent
increase would continue to be proposed for stormwater. She advised of some of the
outside funding opportunities and collaboration efforts the City participates in with other
entities.
DesLauriers thanked staff for the great presentation and a well-done budget. He
commented that it was great to see Medina with the third lowest taxes per capita. He
referenced the fire fund contributions noting that he did not see any slides for the special
reserve fund and asked where that information would be found.
Barnhart replied that the funds for the future fire facility are shown in attachment A, on
line 38. She explained that the item is included within the general fund of the budget for
2022. She provided options on how those funds can be marked during 2022.
Albers commended Barnhart for the thorough report and presentation. He commended
staff for keeping the rate flat this year, as that is great for the citizens in 2022.
Cavanaugh commented that this presentation is just a fraction of the work staff has put
into this and appreciated the effort of staff.
Reid echoed the compliments to Barnhart and staff.
2. Resolution 2021-81 Approving 2022 Final Tax Levy
Moved by Reid, seconded by DesLauriers, to Adopt Resolution Approving the 2022 Final
Tax Levy.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
3. Resolution 2021-82 Approving 2022 Final Budget
Moved by Reid, seconded by DesLauriers, to Adopt Resolution Approving the 2022 Final
Budget.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Medina City Counai Meeting Minutes
December 7, 2021
3
Reid aye
Martin aye
Motion passed unanimously.
B. Ordinance 681 Adopting an Amended Fee Schedule — Public Hearing (7:30
p.m.)
Johnson highlighted the main change to the fee schedule, shown on page two, related to
penalties for unauthorized fire hydrant use.
Barnhart noted that the other main item of note was related to the Hamel community
building. She advised that the deposit requirement for weekend rentals has been
increased.
Albers referenced the peddler/solicitor/transient merchant application fee. He stated that
fee seems pretty low and asked if that should be increased. He referenced the radio
transmitter fees and asked if that relates to replacement.
Scherer replied that is the actual increase in price for the purchase of meters and radio
transmitters.
Johnson stated that some fees are set by the State and asked for legal counsel to opine.
Anderson stated that typically cities would have the discretion to enact and adopt fees
that are commensurate with the administrative cost of issuing such permits. He would
assume that the application cost is meant to address the staff time to complete
background checks and process applications.
Johnson confirmed that the fees are set in an attempt to be commensurate with the
associated staff time.
Barnhart commented that the fee could be adjusted if desired. She stated that one hour
of administrative staff time would have a cost of $70. She stated that the item could be
adjusted to be in line with the cost of staff time. She commented that the
peddler/solicitor/transient merchant application is one of the more time-consuming
applications for administration and therefore she would support increasing the cost.
Martin asked if an appropriate cost would be $150 for an application and $250 for more
extensive background checks.
Barnhart asked if the price for a more extensive background check would need to be
specified in the fee schedule or could be determined whether there is more extensive
work needing to be done.
Anderson stated that perhaps Nelson could provide additional input on the amount of
staff time spent on extensive background checks. He stated that they could also specify
an average cost for the fee schedule.
Martin agreed that she would prefer to have a basic fee rather than using a range to be
determined.
Medina CityCounal Meeting Minutes
December 7, 2021
4
Nelson estimated that one to three hours, or more, is spent on the application depending
on the work needed. He suggested $150 to $250 in order to cover those costs of staff
time.
Reid stated in her experience the most nuisance peddlers are the tree and roofing
people. She stated that if she tells the peddler they need to have a permit, they move to
the next house, and she did not anticipate that they actually obtain a permit. She
commented that it is difficult to enforce.
Martin suggested that the peddler/solicitor/transient merchant application fee be
increased to $150, and up to $250 if an extensive background check is needed. She
confirmed consensus of the Council with that change.
Cavanaugh asked if there is a fine imposed for those that complete that activity without a
license.
Nelson commented that there is a fine associated as specified in ordinance. He stated
that the City has a zero tolerance on this policy. He encouraged all residents to report
those peddling or solicitating without a license.
Martin opened the public hearing.
No comments.
Martin closed the public hearing.
Moved by Martin, seconded by DesLauriers, to Adopt Ordinance Adopting an Amended
Fee Schedule with the noted change to increase the peddler/solicitor/transient merchant
application fee to $150 and up to $250 if an extensive background check is needed.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
1. Resolution 2021-83 Authorizing Publication of Ordinance 681 by
Title
Summary
Moved by Martin, seconded by DesLauriers, to Adopt Resolution Authorizing Publication
of Ordinance by Title and Summary.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Medina City Council Meeting Minutes
December 7.2021
5
Martin aye
Motion passed unanimously.
C. BPS Properties, LLC — 4250.4292 Arrowhead Drive — Marsh Pointe Preserve
- PUD Concept Plan (7:46 p.m.)
Johnson stated that this proposal is for a 30 unit detached villa development. He stated
that most of the subject property is within the wetland area and there are 12.6 net acres
once the wetland and boundaries are removed.
Finke reviewed the adjacent development and land uses. He stated that the trail
location has been updated to run behind block 2 in response to a comment from the
Park Commission. He stated that the applicant intends to sell the developed lots to
Charles Cudd to construct the homes throughout the development and provided
photographs of similar types of homes. He stated that the property is guided for low
density residential which has two to three units per acre and noted that the proposed
development falls within that range. He reviewed the related lot size and setback
requirements for R-1. He noted that the R-2 designation allows for smaller lots and
reduced setbacks. He stated that R-2 can be used to cluster development and protect
natural resources. He stated that the applicant proposes a PUD largely fashioned after
the R-2 zoning regulations. He stated that the applicant proposes a PUD or R-2 zoning
because the depth of the wetland only provides for a single loaded roadway in many
places throughout the development. He noted that the applicant has stated that the
PUD would result in single level development which would likely be preferable to the
two-story homes that would likely result under R-1 zoning. He stated that the proposed
development would exceed the maximum length and number of homes for a cul-de-sac
but noted that there are not many other options as there is not another way to loop or
connect the street. He stated that the PUD would allow a method to address that
challenge. He provided additional details related to transportation.
Martin suggested that the Council provide input on lot size and site layout.
Cavanaugh asked if the proposed trail would go behind block two, lots one, two and
three.
Finke replied that the first page of the report shows the updated trail alignment. He
stated that the Park Commission preferred that alignment in order to avoid additional
driveway crossings.
Martin asked how the trail would reach the preserve.
Finke identified the path of the trail on the sketch.
Martin asked where the parking would be for access to the park area.
Finke identified the proposed parking. He stated that staff visited the site today and a
few significant trees would need to be removed. He stated that there is a potential
benefit of opening the preserve to the public through the parking.
Cavanaugh commented that he does not see the tot lot or parking that were previously
shown near lot 3, block 2.
Medina City Council Meeting Minutes
December 7, 2021
6
Finke replied that the tot lot would be located west of lot one. He stated that there is
street parking in that area and dedicated spots would not be identified on this concept.
Cavanaugh asked if the first concept plan included those additional parking spots.
Finke replied that those parking spots were intended for the trail head and have been
shifted to Medina Lake Preserve, rather than on the private property.
Cavanaugh commented that he believes it would make sense to have additional parking,
if possible. He asked if there would be an option to push the northern trail on the north
side of lot 1, block 1 to avoid the intersection and driveway. He noted that would provide
more of a trail experience compared to a sidewalk.
Finke replied that if the lot exists, it would be difficult to squeeze the trail corridor through
that location because of the existing stormwater location. He stated that a turnaround
could be incorporated with the driveway to minimize the conflict with the trail.
Cavanaugh asked if the ponding could be pushed into the pie shaped land area and
whether lot 1, block 1 could be shifted to accommodate for the trail.
Finke replied that there is a pond proposed in that area. He noted that the watermain
also runs under the existing roadway.
Albers referenced the curve in the road which takes the development near Bridgewater.
He asked the distance from the road to Bridgewater.
Finke replied that the trail would be a few feet from the bottom of the retaining wall and
then there would be a boulevard between the trail and roadway. He estimated seven
feet between the wall and roadway, confirmed that the retaining wall would be new.
Albers asked what exists in that area currently to provide buffer between the properties.
Finke stated that some of the tree line on the aerial photo on the Bridgewater side may
have been impacted when those homes were constructed. He was unsure the number
of significant trees along that property lines. He commented that most of the existing
vegetation most likely lies south of the property line and would be impacted by the wall.
Martin stated that she was also concemed with the proximity of the road to the existing
homes in Bridgewater. She asked the visual impact for the proposed roadway to the
existing Bridgewater homes.
Finke replied that the grade in Bridgewater is higher and therefore the roadway would be
below grade from the homes.
Reid commented that this is a very creative use of a difficult property. Her only comment
was related to the proximity of the roadway to the Bridgewater homes. She believed that
single story homes were an advantage for this development.
DesLauriers shared the opinion with the proximity of the road to the four Bridgewater
homes. He asked the height of the retaining wall and whether it would be a safety
hazard.
Medina City Council Meeting Minutes
December 7, 2021
7
Finke commented that the wall is near ten feet at its highest point and therefore would
need a fence.
Stremel agreed that the highest point of the wall is ten feet tall and therefore a safety
fence would be required on the wall.
DesLauriers commented that there would then be a ten -foot landscaping wall and four -
foot fence on the wall which would impact the views of the adjacent Bridgewater homes.
Finke commented that the homes to the north would see the fence but would not see the
wall.
DesLauriers stated that he struggles with the side setbacks and asked if the applicant
proposes 7.5 feet between the homes.
Finke replied that is the correct setback as proposed, which aligns with the R-2
requirement. He clarified that the side setback would be 7.5 between the home and lot
for a total of 15 feet between structures.
Martin commented that it seems close to have a side setback of 7.5 feet. She asked the
side setback of the homes near the golf course.
Finke believed that the distance between those structures is 14 feet.
Cavanaugh commented that this proposal would then have 15 feet whereas the homes
near the golf course have one less foot between structures.
Martin summarized the comments of the Council noting the concern with the roadway
proximity to the Bridgewater homes and the impact of the retaining wall and safety fence
on adjacent properties. She stated that she would like to better understand the visual
from the backyard of the Bridgewater properties. She also summarized the comments
related to the trail alignment and the desire for parking spaces that is less impactful to
trees. She welcomed comments related to architecture.
Cavanaugh commented that he is excited to see Charles Cudd would be the builder and
he believed they would do an excellent job.
Reid agreed that she also has confidence in Charles Cudd and believed this would be a
lovely development.
Martin echoed the comments about having a high regard for the Charles Cudd products.
She noted that Charles Cudd is not linked to this development yet and therefore she
would like to see architectural requirements infused into the development agreement.
She commented that the elevations presented suggest a number of trees behind the
homes, which there are not. She encouraged more developed landscaping such as
more, or larger trees. She stated that she would also like to see something distinct and
different from what Charles Cudd has done in other Medina developments. She asked if
the Fire Marshal has commented on the cul-de-sac length.
Finke noted that there were not comments to that regard as it is unavoidable on this
property. He noted that comments were received related to hydrant locations. He
provided details related to tree preservation and noted that most of the trees on the site
Medina CityCouncil Meeting Minutes
December 7, 2021
8
were planted as landscaping by the four homes on the site. He stated that the applicant
proposes that the planted trees be discounted from the tree preservation requirements.
He noted that the intent would be to landscape and plant as many trees as possible on
the site and forte remainder to be considered waived through a contribution to the
City's related fund.
DesLauriers commented that he has never heard a distinction between natural trees or
trees planted.
Finke stated that the tree preservation provides flexibility for trees planted by the
property owner. He provided an example when that clause was used in the past.
DesLauriers commented that it seems like a lot to remove those trees. He commented
that it would be great to keep some of those trees if possible.
Reid commented that she would prefer to have as few trees removed as possible. She
stated that she would also encourage more trees to be planted in the backs of the
homes as there are not many natural trees in those areas currently.
Albers commented that he struggles with the definition of a tree and discounting trees
that were planted in the 1980s. He commented that although the tree was planted, it
would also provide screening if it were adjacent to the existing Bridgewater homes. He
asked if 261 trees would be proposed for the waiver.
Finke confirmed that number is correct. He stated that inch per inch replacement would
be required, therefore that would be significant.
Martin asked if there is an existing condition report on the trees within the plans. She
commented on the trees proposed for removal within the plans and asked if there is a
way the road could be moved to save some of the trees along the boundary and reduce
the impact to the neighboring properties. She commented that this plan seems tight and
overreaching. She noted that there was a horrible loss of trees with the lots on the north
side of the golf villa development and believed something could be done to reduce the
impact to trees.
Albers commented that the waiver request would be a significant concession. He stated
that perhaps the Council should review that ordinance in the future to further discuss
natural trees versus planted trees.
Martin commented that when the trees marked in red and black are removed, the result
is another development with very little trees. She referenced the minimum landscaping
requirements and asked for clarification on the buffer line.
Finke provided additional details noting that the buffer line is more of a landscaping feel
rather than screening.
Martin asked if the retaining wall would impact the root system of trees on the other side
of the property line. She asked if the Bridgewater side would experience a loss of trees
because of the retaining wall.
Medina City Council Meeting Minutes
December 7, 2021
9
Finke replied that generally the City would expect that any disturbance within the drip
line of trees would have impact to the trees and therefore would be counted as lost trees
even if they are not physically removed.
Martin stated that she would like to find out more details. She stated that if activity on
adjacent property killed a tree on her property, she would be upset.
Finke commented that this site is important within the City's parks and trails planning
document, therefore a number of improvements are identified within the site including
the trail connecting Arrowhead to the preserve along with the Diamond Lake Regional
Trail (DLRT) route. He noted that ultimately a boardwalk connection would be proposed
across the large wetland to the south. He noted that the parks plan also identifies
parking for the trail head on the east side. He stated that the applicant also proposes a
privately maintained park for small children on the north side of the roadway. He stated
that the original trail followed the road for the entirety of the site, but the Park
Commission desired to have less conflict between the trail and driveways, therefore the
trail has been relocated.
DesLauriers commented that he agrees with the importance of connection between the
different areas.
Albers referenced the concept of parking for the trailhead connection and noted that he
would not want to see trees removed to do so. He asked how large the parking area
would need to be.
Scherer believed that six stalls were desired. He believed that removing the brush and
tree in that area would open up the park for people to see and would also make the area
more inviting. He commented that he is not worried with tree removal for the parking
because of the heavily wooded five acres.
Finke commented that the park at Fields of Medina has 16 to 20 spaces and therefore
staff believed six spaces would be adequate for public use.
Reid commented that there are other ways to access the preserve.
Cavanaugh stated that he would prefer to have the trail constructed now rather than
waiting. He stated that other cities have had trails dead-end at wetlands and installed a
mini boardwalk into the wetland. He commented that it would be nice to see a feature of
that nature but recognized that perhaps the boardwalk element is not the responsibility
of the developer.
Finke stated that a PUD has a high level of discretion and should serve the goals and
objectives of the Comprehensive Plan.
Martin asked how many lots the property would yield under R-1 standards.
Finke commented that 25 units would be required to meet the minimum density
requirements. He noted that 30 lots are proposed in this development.
Martin commented that she would like to hear from the developer as to what the City
would receive in return for the flexibility requested under a PUD.
Medina CityCoundl Meeting Minutes
December 7, 2021
10
Tara Toolan, 4478 Bluebell Trail S, stated that the developer was kind enough to visit
her home the previous week to discuss his plans. She stated that the developer
indicated that the public trail had been moved, which was concerning to her as it would
now run along her property line. She asked if the trail location is set in stone and
whether it would run adjacent to the Bridgewater properties.
Martin commented that these plans are not set in stone and explained that this is the first
presentation from the developer to the City. She stated that the Parks Commission
believed it would be safer to realign the trail to run behind the properties to avoid conflict
with driveways.
Toolan stated that this proposal would include a retaining wall, fence, trail, and the street
behind the existing homes. She stated that she would not prefer to walk behind homes
in people's backyards. She asked if the trail could be put towards the south where the
marsh view would be available to those on the trail. She acknowledged that would
impact the proposed homes but had a hard time imagining how a trail would fit between
backyards of properties. She stated that she has three young children and a dog and
would be concerned with their safety if a public trail ran along her backyard. She stated
that the developer was kind enough to mention that he would be willing to work with
them related to trees. She stated that her view has been of the marsh, and it would be
changed to 30 homes and a public trail. She stated that they chose this property for the
views and to not be in a dense area. She commented that there is so much beautiful
land and was unsure why an area with four homes would need to become 30 homes.
She commented that these would be expensive homes and was unsure why they would
be condensed into a tiny area adjacent to train tracks and then adding a public trail
through the properties. She commented that there is an open space meant for a park
and noted that through her discussion with the developer it was stated that the park
would be for the residents of the development and for the enjoyment of those using the
public trail. She asked if that would then become a public park, noting that she would
have a concern with safety and privacy. She asked who would help her maintain privacy
and safety from the trail and public park.
Martin commented that there could be a long discussion on the zoning ordinance,
density and development. She noted that this property could be developed fairly easily
for multi -family residential the way it is currently zoned. She stated that the Council
would need to determine if this property should be developed under a PUD in return for
favorable attributes for the residents of the City. She commented that the City has to
designate a certain percentage of land for development, and higher density
development. She stated that in this review the Council is mindful of the existing
neighbors, noting the concern the Council expressed with the impact the road would
have on adjacent properties. She commented that it was generous of the developer to
say those using the trail could use the park, but it is being developed as an amenity for
the residents in the development.
Scherer stated that City funds would not be used for a park and the developer has stated
that the park he would create would be available for use by those on the trail.
Anderson noted that the park would not be deeded to the City and would remain on
private property, most likely owned by the HOA for the development. He stated that the
HOA would have the right to preclude others from using the park, if desired.
Medina City Counal Meeting Minutes
December 7, 2021
11
Toolan stated that if the park is intended to be maintained by the HOA and only for those
residents, would there be a responsibility to gate in the park. She noted that if the park
is along a public trail, ft would be difficult to negotiate a child away from the play
structures.
Anderson commented practically speaking it would be difficult and unlikely for an HOA to
enforce private use of the park along a public trail. He commented that it would not be a
City park and the City would have little control over the park should there be issues.
Martin commented that perhaps the developer should consider segregating the tot lot
away from the trail and moving it to another location. She stated that perhaps that is
considered as part of the discussion as to whether the road should be relocated to
minimize impacts to the Bridgewater properties.
George Stickney, developer, thanked the Council for its feedback. He stated that he
completed a market analysis for the first of the four homes on the site. He commented
that there were no trees on the site when that property owner moved to the property in
1994. He stated that the proposed road would go directly through the areas where the
homes are currently constructed. He commented that as a developer he will not become
involved unless he believes that he could make it the best possible for the property. He
stated that the villa homes would be a perfect fit for the property. He noted that each lot
would be 68 to 70 feet wide. He noted that there are other homes in the area that have
60 -foot lots. He commented that he has created some of the nicest properties.
Martin asked the developer to address some of the questions the Council had with the
proposal.
Rick Osberg, developer, commented that the trail parking was originally proposed in a
different location but was moved under the guidance and comments received. He also
provided details on the comments from the Park Commission related to avoiding
conflicts between the trail and driveways. He stated that he has been to the site on two
occasions in the past week to walk the property line and review the tree locations. He
commented that in his opinion the row of trees along the property line are undesirable
and unhealthy. He stated that they would prefer to speak with the residents that would
be along the property line to better sculpt that area. He stated that the roadway needs to
be lowered in elevation by five feet because of the grading efforts they would undergo to
avoid wetland impacts. He stated that there is almost no impact to the wetlands
throughout the development. He stated that the residents to the north would not see the
wall and would only see the decorative safety fencing atop the wall. He stated that they
have taken a great efforttowards finding other alignments, but it was challenging to find
a more opportune alignment.
Martin asked the intent of outlot E.
Osberg commented that outlot E would encompass the wetland, buffer areas, and
delineation.
Martin asked if there has been consideration to dropping the back two lots.
Osberg commented that had been considered but that is not the portion of the side with
grading challenges.
Medina City Council Meeting Minutes
December 7, 2021
12
Martin asked if the road could come south from Arrowhead and be in the front of the first
three or four homes, then winding north to create a divided area.
Osberg commented that could be explored. He commented that having the roadway on
that side would provide challenges to the wetland and would still have the same
elevation. He commented that much of the grade comes through the walkout elevation
of the homes. He commented that the tree inventory report does not address the health
and condition of the trees. He stated that while there are a number of significant trees
identified, the species and health lower the condition of what is seen. He stated that
there are some nice trees that would not be able to be saved, but most of the trees are
not even species that could be replanted such as ash and boxelder.
Stickney commented that originally, he designed the property with a roundabout to have
38 lots, but he reduced that number. He commented that the homes are angled to have
views of the wetlands to the north and east rather than at the other homes. He stated
that when he met with the resident that spoke earlier, he discussed removing the three
boxelders on their property and planting a better species of tree. He noted that he has
met with many other Bridgewater residents to discuss what he could do. He noted that
some of the property owners would allow him to plant additional trees on their properties
as well to add more screening. He stated that he would work towards improving the
quality of trees. He stated that he could remove the park if that is the desire but noted
that his park was meant to be an amenity and not an eyesore. He stated that he would
not want to pursue a development that neighbors felt were negative and that is why he
interacts with all of the neighboring property owners to ensure the project is desirable for
all parties. He commented that he would plant additional trees to provide privacy
between the backyards and trail. He commented on the change in grade between the
Bridgewater properties and the trail, noting that many of the Bridgewater properties
would not see the trail. He stated that after the Park Commission meeting, everyone
seemed happy with the changed trail alignment.
Brian Lorenz, 4484 Bluebell Trail South, commented that he is concemed that this
project would have an impact on the privacy for their development. He acknowledged
that this development would be nice, but it would change the rural character to a more
suburban character. He stated that they currently enjoy the view of the marsh which
would become a view of homes.
Martin asked if the resident would be amenable to work with the developer to landscape
Lorenzes' side of the property line to enhance their privacy.
Lorenz stated that if the development is going to happen, that would be a great idea. He
stated that there is space to do that work in his yard.
Martin noted that at some point land is developable. She explained that this type of
requirement provides an opportunity to reap public benefit and benefit adjacent
properties. She acknowledged that it can be difficult to be a homeowner in the first
development when other developments will follow on adjacent property. She stated that
this developer is willing to work with adjacent property owners to enhance their privacy,
while others may not be willing to do so.
Anderson noted that offsite improvements proposed should be included in the
PUD/development agreement and they would want to ensure that access to the
Bridgewater properties to complete those improvements should also be verified.
Medina City Council Meeting Minutes
December 7, 2021
13
Martin suggested that the developer and adjacent neighbors work together to create a
plan that would minimize impacts on those adjacent properties.
Martin briefly recessed the meeting at 9:31 p.m.
Martin reconvened the meeting at 9:36 p.m.
D. 342 Hamel Road — Hamel Townhomes LLC — Concept Plan (9:36 p.m.)
Johnson stated that the applicant requested a concept plan review for a 30 -unit
townhome development on the property located at 342 Hamel Road.
DesLauriers recused himself from this discussion.
Sparks identified the subject property which is slightly over two acres in size. He stated
that the 30 townhome units would be a mix of three- and four -bedroom units, split
between five buildings. He stated that the site is zoned Uptown Hamel which specifies a
density between four and 15 units per acre and advised that this property falls within that
range. He reviewed the adjacent land uses and zoning. He reviewed the relative zoning
regulations and how the request would meet those regulations. He highlighted the staff
comments related to the drive lane, connectivity, stormwater management, tree
preservation and replacement, and landscaping and lighting plans. He provided the
renderings of the proposed buildings and related potential floorplans. He stated that this
request was heard by the Planning Commission and noted that some members believed
this plan was a misalignment with the Uptown Hamel zoning district and did not prefer
this development for the site. He stated that it was also mentioned that this density
would not be preferred for the site. He stated that more parking may also be necessary
in order to accommodate three- and four -bedroom units. He stated that the comment
was also made that this development feels isolated and lacks connectivity. He stated
that if the Council did not feel that this type of development is a fit for the Uptown Hamel
zoning district, staff would recommend a moratorium on development in order for
specific standards to be created for that zoning district. He noted that currently the
Uptown Hamel district does not have a lot of specificity in its standards.
Martin suggested that they begin with the vision for Uptown Hamel. She stated that she
has no issue with townhomes along Hamel Road that would have significant density.
She stated that her focus is on the storefront, which would be the buildings adjacent to
Hamel Road, and how that would look to passersby. She stated that the homes on the
front should have architectural significance and acknowledged that the homes in the
back of the development would not need to mirror that look.
Albers stated that there are twin homes down the road from this location and therefore
did not believe townhomes would be problematic for this site. He commented that this
does feel dense but understands why this number of homes would be proposed. He
also expressed concem with the storefront and the vision for the units facing Hamel
Road.
Reid commented that she intensely dislikes this plan as she believes that the density is
too high. She commented that the only grass the development has is a small strip in the
backyards. She believed that the look and feel of the development would need to be
more suitable to fit in with the area, such as wood windows and doors. She commented
that a little roof with pillars does not create a front porch. She stated that she could
Medina City Council Meeting Minutes
December 7, 2021
14
support a townhome development on the parcel but would want additional greenspace, a
design that better flts with Uptown Hamel, and actual front porches.
Cavanaugh commented that he owns a property three doors down from this
development and asked if the City Attorney would see a conflict of interest.
Anderson commented that he did not see a legal conflict of interest.
Cavanaugh commented that he would be okay with a townhome concept but would
agree that the storefront would need to be reworked to fit within Uptown Hamel. He
commented that the density is something that will help the rest of Uptown Hamel
develop. He stated that if the intent is to bring in business, this type of development
would provide users for businesses.
Martin confirmed the consensus of the Council to proceed in a review of a townhome
concept. She referenced the building setbacks and noted that this development would
propose a front setback of five feet and side setback of eight feet. She asked if those
would be acceptable with City Code.
Sparks confirmed that those setbacks would comply.
Martin commented that the developer proposes 30 units, and the density range would
allow between 9 and 32 units. She commented that even though the density in on the
high end, it is within that range. She commented that the largest concem seems to be
with the architectural design.
Reid commented that the building looks too modem, and the windows and doors look
very modem. She stated that the shape of the building is fine, but more effort would
need to be made for the development to fit within Uptown Hamel. She agreed that the
more developed designs could be on the street facing units. She noted that she would
want to see an actual front porch as well.
Martin commented that the Council would like to see enhancements on the street facing
units, along with views that would be exposed to other outward facing units. She stated
that porches adjacent to Hamel Road are preferred. She asked if it would make sense
to include more open space in the interior for a playground, gathering space, or common
amenities. She commented on neighborhoods where front porches have been
incorporated and are successful. She believed that the design should follow a modern
farm or turn of the century look, which would provide a feeling of age that is missing from
this development. She commented that this seems to fall under the category of 1980s
development, which does not fit well with Uptown Hamel.
Albers stated that when he thinks of what Uptown Hamel might look and feel like, he
would think of the row homes proposed for Weston Woods. He stated that those homes
had a lot of character in the front. He stated that perhaps the developer could use that
as a model to provide the unique character feel the City is attempting to create for
Uptown Hamel.
Cavanaugh commented that if he were to think of Uptown Hamel, his suggestion would
be to look at rowhomes in Saint Louis Park next to Home Depot. He believed that this
development could help to set the tone for the development in the area.
Medina City Council Meeting Minutes
December 7, 2021
15
Martin commented that the west elevation would be quite visible from Hamel Road as ft
is adjacent to the wetland and therefore that side should also be given consideration.
She asked if street parking would be available at this location.
Sparks commented that street parking would be available during some times of the year
but not during others.
Scherer commented that staff discussed that as well, noting that perhaps there is a joint
venture between the City and developer to widen that area to create on -street parking.
Martin commented that perhaps the developer could explore how on street parking could
be accommodated in conjunction with City staff. She stated that there are a few issues
mentioned in the staff report related to the drive lane configuration, which should also be
discussed with City staff. She commented that she would like to see additional
greenspace in the interior or along the perimeter. She stated that she would also like to
see interesting landscaping along Hamel Road and landscaping along the east and west
elevations.
Reid commented that perhaps the vertical siding is an "old time" color it would better fit
within Uptown Hamel.
Martin summarized the comments of the Council to enhance the elevations visible to the
public with particular focus on the Hamel Road elevation, enhance greenspace and
improve landscaping along the elevations, and addressing the comments of City staff
from the report.
Cavanaugh asked if the developer considered a mixed use to have commercial or office
along Hamel Road with residential above or behind.
Reid commented that she believes that this proposal is a long way from feeling like it
belongs in Uptown Hamel.
Josh Sanderson, developer, commented that they believe they are building something
that would fit within Uptown Hamel and agreed that the Hamel Road units would have
better front porches. He stated that they see the Uptown Hamel area as having three
different zones, the industriaVwarehouse, residential, and commerciaVretail. He stated
that adding 30 townhomes would provide more opportunities for families to live and
support the local businesses in the area. He displayed an updated front porch sketch.
Martin commented that looks a lot more like what she would envision.
Reid also agreed that this concept would work better and is a good example of the
direction this should go.
Cavanaugh agreed that would be a good start.
Sanderson commented that while there is not a lot of greenspace on this site, there is
five acres of greenspace adjacent to the site and the site is in close proximity to Hamel
Legion Park.
DesLauriers rejoined the Council.
Medina CityCouncil Meeting Minutes
December 7, 2021
16
E. 3692 Pinto Drive — Woodbury REI LLC — Conditional Use Permit and Site
Plan Review (10:18 p.m.)
Johnson stated that the applicant is requesting a Conditional Use Permit and Site Plan
review for a 2,590 square foot multi -tenant retail facility with a drive-thru at 3692 Pinto
Drive. He noted that Caribou Coffee would be the drive-thru tenant and would not have
indoor sit down service at that location and the other space would be general retail.
Sparks stated that the property is about .6 acres in size and the property owner also
owns the property to the south. He stated that the property is zoned Commercial
Highway, and the applicant would propose a shared drive, developing the northern site
independently of the southern site. He stated that City staff encouraged the applicant to
develop both sites at the same time, but the applicant did not want to take that path. He
stated that the applicant proposes to build a coffee shop with no inside service and
advised that the drive-thru service would require a Conditional Use Permit. He stated
that there would also be separate general retail space for another tenant. He explained
how parking was calculated and advised that the plan does show the 14 stalls
recommended. He stated that setback requirements are met by the proposal and
provided details on tree removal, noting that the applicant would seek a waiver and pay
for the tree removal. He noted that the architecture has been revised following the
comments of the Planning Commission in order to have four-sided design. He stated
that the drive-thru would have space for stacking of 11 vehicles, which is acceptable to
staff. He stated that stormwater would be treated in an underground facility. He stated
that the applicant has been made aware that a variance would not be accepted for the
southern portion of the site, should they bring that forward for development in the future.
He stated that staff recommends approval of the requests.
Cavanaugh asked if there is an existing sidewalk in place currently.
Sparks commented that there is a trail there that would be preserved and incorporated
into the design, which has been done. He noted that a sidewalk would also be provided
from the trail into the site.
Cavanaugh asked the condition of the trail.
Sparks commented that the trail has been constructed within the County right-of-way.
He confirmed that the trail also goes through the parcel to the south.
DesLauriers referenced the eight stalls for the Caribou and seven stalls for the retail,
which would be a total of 15 whereas the applicant proposed 14 stalls.
Sparks replied that five stalls for employees is not a requirement. He provided additional
details on how the 14 stalls were determined.
DesLauriers asked if the parking space would interfere with the vehicles exiting the
drive-thru lane.
Sparks commented that staff does not believe there would be an issue with that parking
stall.
Martin recognized that there is not yet specific use for the remainder of the building and
asked if the City would have the ability to deny a use that would require more parking
than would be available at this location.
Medina City Coundl Meeting Minutes
December 7, 2021
17
Sparks confirmed that a use that could not be supported by the available parking would
not be allowed under zoning code. He stated that the applicant proposes a retail use.
Moved by DesLauriers, seconded by Martin, to direct staff to draft a resolution granting
approval for the requested Conditional Use Permit and Site Plan Review with the list of
conditions.
Further discussion: Cavanaugh asked what would happen if a retail use was proposed
that requires intense parking.
Sparks commented that if a retail use was proposed, the parking standard is based on
the square footage of the building.
Cavanaugh asked if a gym would be considered a retail use, noting that would generate
more traffic and parking than an apparel shop.
Martin commented that there is one set of standards for a general retail use. She stated
that if the use is more intense that would be to the detriment of the user/owner, and they
would perhaps need to seek shared parking with an adjacent site.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
F. Jeffery and Chris Cates — Environmental Assessment Worksheet (EAW) —
Proposed Commercial/Industrial Development — PIDs 04-118-23-11-0002%
04118-23-140004 (10:37 p.m.)
Johnson stated that the applicants are requesting a Comprehensive Plan amendment
and concept plan review for 665,000 square feet of warehouse/office buildings on
approximately 70 acres. He stated that under Minnesota rules an Environmental
Assessment Worksheet (EAW) is required and explained the purpose of the EAW.
Finke stated that the subject site is shown in red, and the applicant has requested a
Comprehensive Plan amendment as the property is currently designated as Future
Development Area and the applicant would propose to add the property to the MUSA for
a business use. He noted that application is under review concurrently with the EAW.
He stated that the City needs to make a determination on the EAW prior to any
development. He stated that the City is the responsible government unit and therefore
the information within the published EAW is the responsibility of the City. He reviewed
the purpose of an EAW noting that the EAW would determine if an Environmental Impact
Statement (EIS) would be necessary. He stated that staff is requesting approval of the
EAW language and authorization to release that content to various agencies. He noted
that staff would then report back when the comment period expires.
Medina City Council Meeting Minutes
December 7, 2021
18
Albers asked why the City would not proceed with the Comprehensive Plan amendment
first before taking the step of the EAW.
Finke stated that much of the analysis for the Comprehensive Plan amendment is similar
to the EAW process. He stated that staff believed that identifying the cumulative impacts
of the development would be informative for the Comprehensive Plan amendment
discussion. He noted that the required timeline for the EAW also supported this process.
Albers commented that this would seem presumptuous that the Comprehensive Plan
amendment would be approved.
Martin also supported that statement. She stated that her comments related to the EAW
do not guarantee that she would approve a Comprehensive Plan amendment. She
commented that she does not believe this development fits within this Comprehensive
Plan.
Albers commented that this property is zoned FDA and therefore development is not
anticipated within the next ten years.
Finke stated that identifying the potential impacts through the EAW process would be
important in the review of the Comprehensive Plan amendment.
Martin wanted to ensure that the comments made on the EAW would not have an impact
on the decision of whether to approve the Comprehensive Plan amendment. She did
not want this discussion to constrain or limit the Comprehensive Plan amendment
discussion.
Albers agreed that he did not want to be hamstrung by the EAW when the
Comprehensive Plan amendment proposal comes forward.
Reid wanted to be assured that this action would not imply that the Council is committed
to approving this plan. She stated that she does not believe there is a point to looking at
the plan tonight. She wanted to ensure that the developers do not assume that if this
action is approved, it does not guarantee that the Council would approve any further
requests.
Martin asked if a statement could be added stating that the City's acceptance of the
EAW does not constitute approval, conceptual or otherwise, of the project proposal. She
provided some proposed language changes. She noted that this would take pristine
agricultural property and turn it into industrial use which would have an impact on
neighboring properties.
Cavanaugh commented that although there are great vistas from one side of the
property, most people along Highway 55 would not see the property.
Martin commented that Medina prides itself on this scenic and agricultural landscape
and this proposed use would change that.
Albers commented that Medina is starting to lose the agricultural land along Highway 55
in Medina and in adjacent communities. He agreed that this would change the visual
impact as the property is not slated for development in this period.
Medina City Counal Meeting Minutes
December 7, 2021
19
DesLauriers agreed with the comments made thus far.
Reid agreed. She stated that farms are part of the charm of Medina and the more land
that is lost, the less charm the community will have.
Martin noted that many of those concepts can be supported by language within the
Comprehensive Plan. She provided additional comments on how this proposed
development would impact adjacent properties.
Cavanaugh commented that he believes that alternate types of development along
Highway 55 would be appropriate in the future, such as commercial and industrial.
Albers commented that the City went through planning exercises to identify future
commercial areas and he did not believe there was any intent for this property to
become commercial.
Reid noted that the property to the east is rural residential, guided FDA. She noted that
if this is changed to commercial it would discourage residential development on the
adjacent site.
Martin noted that any development on this site will be impactful on surrounding
properties and industrial would be very impactful.
DesLauriers asked what this property would be zoned in the future.
Finke commented that the current zoning is Rural Residential/Urban Reserve. He stated
that the FDA is not planned for residential development but for consideration of a use in
future planning processes. He stated that in the future the City would have a need for
additional industrial property.
Martin asked if staff has enough guidance to incorporate her comments or whether this
would need to come back to the Council with the amendments.
Johnson commented that the item could be tabled to allow staff to make the requested
revisions and bring it back for additional review.
Martin and Reid agreed with that direction.
Albers stated that he would like to discuss the Comprehensive Plan amendment first
before taking this step as he believes that decision is more important.
DesLauriers asked if there is a requirement to make this document public for comments
within 30 days.
Finke confirmed that there are timelines in which the document needs to be finalized.
He stated that if the Council would like staff to request that the applicant withdraw the
EAW until the Comprehensive Plan amendment is reviewed, that request could be
made. He again commented that identifying the cumulative impacts would be important
in reviewing the Comprehensive Plan amendment.
Medina City Coundl Meeting Minutes
December 7, 2021
20
Anderson agreed that there is a statutory timeline that needs to be followed now that the
EAW has been initiated. He noted that none of this would have an impact on reviewing
the Comprehensive Plan amendment on its own merits when that should come forward.
Reid asked what would happen if Medina did not approve the EAW.
Anderson commented that an EAW is an information gathering process to determine
environmental impacts. He believed that the information gleaned from the EAW would
be helpful in additional reviews that will come. He stated that there should not be any
concem with allowing this to go forward and believed the City should follow the statutory
timelines.
Reid asked when the Comprehensive Plan amendment would come forward for review.
Finke replied that would be done as soon as practicable.
Martin noted that the comments made tonight should be incorporated by staff. She
suggested that the Council ask staff to determine when the comments need to be
submitted. She stated that if time permits, this should return to the next meeting, but if
doing so would go past the allowed time, staff should just incorporate the comments and
release the document.
1. Resolution Authorizing Release of Cates Industrial Park
Environmental Assessment Worksheet (EAW) for Distribution and
Public Comment
Moved by Martin, seconded by Cavanaugh, to direct staff to incorporate the comments
made tonight and bring back the revised version for Council review at the next meeting if
time permits, if time does not permit, staff should incorporate the comments and release
the documents for distribution and public comment.
Further discussion: Johnson asked if Finke had an estimate on the allowed time.
Finke stated that the applicant resubmitted on December 1s1. He stated that the City
should then have the month of December for its review.
Johnson confirmed that this could then be brought back at the December 21st meeting.
He stated that a motion could be made to table.
Martin withdrew her motion and Cavanaugh agreed.
Moved by Martin, seconded by Cavanaugh, to table this item directing staff to
incorporate the comments from the Council.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
Medina CityCounal Meeting Minutes
December 7, 2021
21
VIII. CITY ADMINISTRATOR REPORT (11:18 p.m.)
Johnson had nothing further to report.
IX. MAYOR & CITY COUNCIL REPORTS (11:18 p.m.)
Reid commented that she would like to share the Uptown Hamel logo they have been
working on and additional comments would be made at a future meeting related to the
banners and other marketing efforts.
Martin thanked Reid for her work on this matter.
X. APPROVAL TO PAY THE BILLS (11:21 p.m.)
Moved by Cavanaugh, seconded by DesLauriers, to approve the bills, EFT 006162E -
006182E for $79,999.93, order check numbers 052301-052344 for $145,942.10, and
payroll EFT 0511460-0511488 for $58,128.38.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
XL CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 03-
118-23-24-0002 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(c)
Moved by Martin, seconded by Cavanaugh, to adjoum the meeting to closed session at
11:23 p.m. for the consideration of land acquisition at PID 03-118-23-24-0002 pursuant
to Minn. Stat. Sec. 13D.05, Subd. 3(c).
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
The meeting returned to open session at 11:58 p.m.
XII. ADJOURN
Moved by Reid, seconded by Martin, to adjoum the meeting at 11:59 p.m.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh absent
Medina City Counail Meeting Minutes
December 7, 2021
22
Reid aye
Marvin aye
Motion passed unanimously.
Kathy Martin, Mayor
Attest:
Scott Johnson, City Administrator
Medina City Council Meeting Minutes
December 7, 2021
23