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Medina City Council Meeting Minutes 1
November 17, 2020
MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 17, 2020
The City Council of Medina, Minnesota met in regular session on November 17, 2020 at
7:00 p.m. in the City Hall Chambers. Mayor Martin presided.
Martin read aloud a statement explaining that all Council, Board and Commission
meetings continue to be held in a virtual format due to the ongoing pandemic.
I. ROLL CALL
Members present: Albers, Anderson, DesLauriers, Martin, and Pederson.
Members absent: None.
Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi
Gallup, City Attorney Ron Batty, Planning Consultant Nate Sparks, Finance Director Erin
Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works
Director Steve Scherer, Chief of Police Jason Nelson, and Alison Harwood of WSB.
II. PLEDGE OF ALLEGIANCE (7:07 p.m.)
III. ADDITIONS TO THE AGENDA (7:08 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:08 p.m.)
A. Approval of the November 4, 2020 Regular City Council Meeting Minutes
Moved by Martin, seconded by DesLauriers, to approve the November 4, 2020 regular
City Council meeting minutes as presented.
A roll call vote was performed:
DesLauriers aye
Albers aye
Pederson aye
Anderson aye
Martin aye
Motion passed unanimously.
V. CONSENT AGENDA (7:10 p.m.)
A. Approve 2021 Agreement with TimeSaver Off Site Secretarial, Inc.
B. Approve 2021 Rate Schedule with WSB
C. Appoint Dino DesLauriers as Acting Mayor through the end of 2020
D. Motion to Confirm Moving Forward with a Fire Service District/Joint Powers
Agreement to Explore Options and Opportunities
E. Approve Letter to State Fire Marshal Requesting Facilitation Services
F. Resolution No. 2020-92 Accepting Donation from Memorial for Vicki Perri
Moved by Anderson, seconded by DesLauriers, to approve the consent agenda.
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November 17, 2020
A roll call vote was performed:
DesLauriers aye
Albers aye
Pederson aye
Anderson aye
Martin aye
Motion passed unanimously.
VI. COMMENTS (7:12 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 night to discuss park
dedication and trail options related to the Weston Woods development request. He
stated that the group will also discuss the lakeshore park plan and how to gain
community input.
C. Planning Commission
Planning Commissioner/Councilmember Elect Robin Reid reported that the Planning
Commission met the previous week and held three public hearings. She stated that the
first hearing was for the Weston Woods project noting that two written comments were
received prior to the meeting in support of the project. She stated a few Commissioners
were hesitant to advance the staging but agreed that the benefits outweighed that
concern and the Commission recommended unanimous approval. The second hearing
was to consider the Holy Name Estates project and highlighted some of the comments
expressed during the discussion. She noted that substantial improvements will be made
to Pinto Drive and some utilities as part of the project. The Commission ultimately did
not have concern with the longer cul-de-sac length and recommended unanimous
approval of the request and variance. The third public hearing was to consider an
amendment to the Three Rivers Park CUP to add a new building, no public comments
were received, and the Commission recommended unanimous approval of the request.
DesLauriers congratulated Reid on her election win and commented that he looks
forward to working with her on the Council.
VII. PRESENTATIONS
A. Resolution No. 2020-87 Recognizing Joshua McKinley for Five Years of
Service to the City of Medina (7:17 p.m.)
Martin read aloud the draft resolution recognizing Joshua McKinley for five years of
service to the City of Medina.
Moved by Pederson, seconded by Albers, to adopt Resolution No. 2020-87 recognizing
Joshua McKinley for Five Years of Service to the City of Medina.
Further discussion: Nelson commented that Josh is a great member of the department
and was a CSO more than five years ago before he went to the Buffalo Police
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November 17, 2020
Department and then returned when there was a position available in Medina. He
commented that Josh does great work with investigations and fills in wherever he is
needed.
Martin commented that Medina is fortunate to have a great Police Department and
thanked Josh for his willingness to wear multiple hats in the department.
A roll call vote was performed:
Albers aye
DesLauriers aye
Anderson aye
Pederson aye
Martin aye
Motion passed unanimously.
B. Resolution No. 2020-88 Awarding the Sale of General Obligation Refunding
Bonds, Series 2020A, in the Original Aggregate Principal Amount of
$5,720,000; Fixing Their Form and Specifications; Directing Their Execution
and Delivery; Providing for Their Payment; and Providing for the
Redemption of Bonds Refunded Thereby (7:22 p.m.)
Martin applauded staff for its perseverance to find options to save the City money. The
bond refunding will save Medina a total of $512,000.
Johnson thanked Eldridge and Barnhart for their work on the refunding noting that the
results were much better than expected.
Shelly Eldridge, Ehlers, confirmed that the results of the sale were wonderful with five
bids received and that the results were contained in the sale report sent via email earlier
today. She stated that the winning bidder had a true interest cost of .9952, which is less
than one percent. She stated that a premium bid was also received which resulted in a
reduction of $320,000. She confirmed that there was a reduction to both the debt and
the interest rate. She stated that the bidding results were very tight and close, which can
be attributed to the rating of the City, the size of the debt and the 13-year term. She
stated that the majority of the savings the City will see as a result of this action are
related to the capital improvement bond for the public works and police facility, which
reduces the need for the City to include those interest costs within its levy.
Martin thanked Eldridge for her work and presentation.
Johnson also thanked Eldridge and Barnhart noting that the timing was perfect and
taxpayer dollars will be saved because of this action.
Pederson echoed his comments and of thanked staff.
Anderson stated that as the Council moves forward it is important to maintain a good
bond rating which affords the City these opportunities to save money.
Moved by Martin, seconded by Pederson, to adopt Resolution No. 2020-88 Awarding the
Sale of General Obligation Refunding Bonds, Series 2020A, in the Original Aggregate
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Principal Amount of $5,720,000; Fixing Their Form and Specifications; Directing Their
Execution and Delivery; Providing for Their Payment; and Providing for the Redemption
of Bonds Refunded Thereby.
A roll call vote was performed:
Pederson aye
Albers aye
Anderson aye
DesLauriers aye
Martin aye
Motion passed unanimously.
VIII. NEW BUSINESS
A. Holy Name Lake Estates – Preliminary Plat and Variances – Northeast of
Pinto Drive, North of Holy Name Lake (7:33 p.m.)
Sparks stated that the subject property contains three parcels totaling about 90 acres in
size, noting that about 25 acres is under the ordinary high water (OHW) for Holy Name
Lake. He stated that the proposal would replat the three lots into six lots ranging in size
from 10 to 23 acres. The property is zoned rural residential and is guided as such under
the Comprehensive Plan. He stated that the applicant is contesting the soil designation
and a variance is being sought for the cul-de-sac length. He stated that a portion of the
existing road would also be required to be reconstructed and provided details on the
extension of Pinto Drive and the reconstructed portion. He reviewed the rural residential
zoning district and shoreland overlay standards. He identified the area that Hennepin
County does not count towards suitable soils because of the slope. He explained that
the applicant’s surveyor visited the site and identified additional areas that can be
included in the suitable soil configuration because the slope is under 12 percent. He
stated that many times in rural subdivisions the City prefers to have a private street
system but that was not considered in this proposal as the street would serve two
existing properties that are not part of the proposed subdivision. He stated that the
proposed cul-de-sac length would exceed the maximum allowed, and therefore a
variance would be required. He noted that the standard of 750 feet is more urban
related and this proposal could be deemed acceptable because there are no other road
connections, there would be minimal abilities to further develop in this area, and this
would be the most effective approach to provide access to the site. He identified the
substandard portion of Pinto Drive that would be reconstructed to meet City standards.
He noted that process would require some tree removal and relocation of utilities but
only within the right-of-way. He stated that the Park Commission reviewed this request
to discuss trail corridor planning within this area and provided an overview on the
recommended park dedication. He reviewed the remaining standards that are met by
the request. He stated that the cul-de-sac length variance seems justified because of
the limited potential future development in this area and limited capacity for development
in this area as well as there being no future road connections to this area planned. He
noted that the soil contestation also seems appropriate with the additional information
provided by the applicant. He reported that the Planning Commission held a public
hearing to consider the request at its meeting the previous week and unanimously
recommended approval of the request and variance.
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Martin asked for input on the plat in general with discussion then focusing on the cul-de-
sac variance and soil contestation. She stated that she finds the plat to be fairly well laid
out and the requirements of the ordinance met. She stated that she does not fully
understand the soils review and the necessity to contest the soil survey as the lots seem
to meet the minimum standards.
Sparks stated that the applicant suspected that there were certain areas on the site
where the soils were omitted due to the slope exceeding 12 percent but when those
areas were measured the slope was under 12 percent and therefore those areas could
be considered as suitable soils for the purpose of calculating minimum lot size. He
stated that the Hennepin County soils map is completed on more of a global basis and
the specificity of certain areas are lost, therefore the applicant focused on those areas
and has proven that in the areas they are contesting. He noted that there may be areas
that were counted as suitable by Hennepin County but perhaps exceed the 12 percent
slope, which might then cause the lots to shift counterclockwise around the cul-de-sac.
He stated that in the past the City has focused on the areas contested and has not
looked above the area of review. He stated that in this case the ultimate number of lots
would not be changed and therefore the Council could accept the soils contest as such.
Martin asked if the applicant would need to take the soils contest further or whether it
would be made a condition of plat approval.
Sparks stated that the applicant has completed further investigations on the identified
areas, which allows the City to amend its review of the soils on this specific subdivision.
He stated that the Hennepin County map would be amended through this process and
the applicant has successfully done that in the opinion of staff.
Martin asked and received confirmation that the City would be the decision maker on
whether the Hennepin County map is incorrect.
Scherer asked if there would be an easement on the entire northern border all the way to
the west.
Sparks stated that this is the drawing the Park Commission reviewed prior to its
recommendation and confirmed that would occur.
Donavan DesMarais, applicant, confirmed that the northern border could continue all the
way to the west and along Lots One and Two as discussed by the Park Commission,
which provides the option to go west or south.
Martin referenced proposed condition seven of the recommendation from the Planning
Commission, which speaks to park dedication. She stated that perhaps additional
language should be added to include the language “…easements granted for trail
purposes will be extended along the north boundary”.
DesLauriers asked if there was a possibility to extend this road to connect to another
roadway.
Sparks commented that staff reviewed where the road could potentially go. He stated
that this area is rural, designated for one unit per acre and it would not be possible to
connect to another roadway without subdividing additional parcels that are too small to
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divide. He stated that there would be no way to connect to another road or cul-de-sac
without impacting additional properties.
Martin asked and received confirmation on the details on Pinto Drive to be improved and
extended. She stated that she is comfortable with the cul-de-sac but asked for input
from the other members of the Council.
Pederson stated that the cul-de-sac extension is a concern but if public safety is not
concerned, he believed that the upgrade of Pinto would be a nice trade off.
Scherer provided input noting that this would provide additional space for public works
and public safety to navigate and turn around. He stated that he would also want to see
a clause that requires the developer to cost share the final overlay lift for the first 300-
400 feet of the roadway as damage will be done from the construction vehicles. He
confirmed that in discussions with the applicant, and the applicant has agreed to pay the
50 percent assessment which would avoid the residents having to pay the assessment.
DesMarais confirmed that he discussed that with staff and agrees with that statement.
He noted that the forecasted damage may not exist, but he still agrees to split the cost at
the rate proposed by the City for that section of up to 400 feet. He stated that he and
staff agree with the desired outcome for the road after the development is completed.
Martin confirmed the consensus of the Council that the developer is correct in its
assessment that the Hennepin County soils assessment was incorrect in the areas
shaded in orange on the plans presented and it is appropriate that those areas be
included in the suitable soils calculation for the purposes of meeting the five-acre
minimum standard. She stated that ten conditions were proposed by the Planning
Commission and reviewed the suggestions to amend condition seven to clarify the
extension of the trail easement and add a condition that the applicant shall pay 50
percent of the cost to improve up to the first 400 feet of Pinto Drive measured from CR
24 to ensure conformity and consistency with the remainder of the improved Pinto Drive.
Pederson asked if the regional trail has been addressed as it appears that could move
forward in the future and just wanted to ensure that the easement provided was
sufficient.
Scherer confirmed that was included and explained that the extension to the west was
provided in the case that those properties to the west subdivide, therefore two options
are provided.
DesLauriers stated that it seems excessive that the Diamond Lake regional trail would
be proposed to be 25 feet wide and asked for details.
Scherer replied that the easement would be that large for the purpose of drainage, but
the surface of the trail would most likely be ten feet.
Sparks confirmed that the easement is wider to accommodate the trail and any drainage
needs.
Moved by Martin, seconded by DesLauriers, to direct staff to prepare a resolution of
approval subject to the conditions noted in the staff report, the amendment to condition
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seven and the inclusion of the additional condition related to the improvement of the first
400 feet of Pinto Drive as measured from CR 24.
A roll call vote was performed:
Anderson aye
Albers aye
DesLauriers aye
Pederson aye
Martin aye
Motion passed unanimously.
B. Chippewa Road Extension/Weston Woods EAW (8:21 p.m.)
Finke stated that the public comment period for this environmental assessment
worksheet (EAW) occurred in October and ten comments were received from different
agencies. He explained that an EAW is intended to summarize the environmental
impacts of a project and solicit input. He stated that ultimately an EAW leads the
decision-making body, in this case the Council, to determine whether additional
environmental study is necessary through an environmental impact statement (EIS).
The criteria are summarized in the staff report, noting that the natural resources expert
from WSB is present, as she coordinated the City portion of the EAW. He noted that
much of the work was completed by the applicant’s consultant. He stated that the EAW
was mandatory because of the wetland impacts anticipated for the extension of
Chippewa Road. He stated that a summary of the comments from the agencies
received was included in the staff report. He noted that the moderate quality woodland
on the site was called out by multiple agencies and was discussed at length during the
concept plan review. He noted that the seven acres identified by the City are proposed
to be preserved through this development. He stated that the DNR also commented that
there are Blanding’s turtles in this area and suggested construction practices. He stated
that most of the other comments were more technical related to each of the agencies
review practices. He stated that none of the agencies recommended requiring an EIS
and therefore staff believes that the existing regulatory practices would provide sufficient
review and recommends that an EIS is not necessary.
Martin commented that this is an excellent compilation of the comments received and
the staff responses thereto. She noted that she has no additional comments.
The Council had no further questions and commended staff for the well-done work.
Moved by DesLauriers, seconded by Albers, to approve the Response to Comments,
Findings of Fact, and Record of Decision.
A roll call vote was performed:
Albers aye
DesLauriers aye
Pederson aye
Anderson aye
Martin aye
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Motion passed unanimously.
1. Resolution No. 2020-89 Approving the Response to Comments,
Findings of Fact, and Record of Decision for the Chippewa Road
Extension and Weston Woods EAW and Making a Negative Declaration
of Need for an Environmental Impact Statement
Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2020-89 Approving
the Response to Comments, Findings of Fact, and Record of Decision for the Chippewa
Road Extension and Weston Woods EAW and Making a Negative Declaration of Need
for an Environmental Impact Statement.
A roll call vote was performed:
Albers aye
Anderson aye
Pederson aye
DesLauriers aye
Martin aye
Motion passed unanimously.
IX. OLD BUSINESS
A. US Home Corp (Lennar) – Meadowview Commons – North of Hwy 55, South
of Meander Road, West of County Road 116 (8:31 p.m.)
Finke stated that this first phase of development would include 42 townhomes along with
various outlots. He stated that the purpose of the final plat review is to ensure
consistency with preliminary plat and review whether the conditions of preliminary have
been met, or will be met, with this final plat. He stated that the final plat is consistent
with the preliminary plat, noting that some alignment was changes for the outlots to
include the private road and accommodate utilities. He stated that the staff report
discusses how the conditions of preliminary plat have or will be met. He called attention
to the construction of Tamarack Drive along the western portion of the plat, noting that
the proposed resolution for final plat calls for the construction of the northern 500 feet of
Tamarack Drive south of Meander. He noted that additional right-of-way would be
needed from another property and provided additional details on what could occur if that
right-of-way cannot be secured. He stated that the preliminary plat resolution included a
condition that allowed the City to secure a petition and waiver to contribute towards
additional improvements on Tamarack at Highway 55. He noted that staff does not
however recommend a petition and waiver for the improvements at Highway 55. He
explained that if the City collects petition and waiver as developments come forward it
gives the idea that the City will complete that improvement. He stated that staff believes
that perhaps those improvements can be constructed with an adjacent development
project and therefore a public improvement project would not be necessary. He stated
that in the case that the City needs to complete those improvements as a public
improvement project, the City could collect petition and waiver or assessments from
properties in the area, therefore that opportunity will still exist. He explained that there
are a number of items that could change between now and the time the ultimate project
is completed, including the cost, which is why staff does not want to collect petition and
waiver at this time. He noted that 45 percent of the anticipated traffic generation will be
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November 17, 2020
developed in the future which provides the City with additional opportunities for
contributions.
Martin stated that she received a letter dated November 12, 2020 from the civil engineer
for the Cavanaughs, which has been circulated to the Council, noting that the civil
engineer is present tonight to address any questions. She commented that much of the
content from the letter was addressed through the staff report.
Pederson commented that a traffic analysis was completed for Meander Road, noting
that significant traffic will try to enter from CR 116. He did not believe that assistance
would be received from Hennepin County for improving that intersection and commented
on the other paths the traffic could take. He stated that he believes that this would be
the last opportunity for the City to have a nice retail development on the westerly
property and wants to ensure that the road is sufficient to handle the traffic. He asked if
the applicant would be paying their share towards the stoplight improvement at Highway
55 and whether the applicant would be constructing the full width of roadway for the first
500 feet. He used the example of Bridgewater in which the developer was supposed to
build the full width of road but because of the recession did not complete that task.
Finke replied that the conditions within the proposed development agreement would
require the construction of the 500 feet of Tamarack. He stated that related to the
Highway 55 intersection improvements, the City could not require construction of that
improvement because traffic counts do not warrant that improvement. He stated that the
alternative would be to require petition and waiver of properties that develop. He noted
that although the preliminary plat required a condition as such, staff now recommends
against that.
Pederson stated that he agrees with construction of 500 feet of Tamarack Drive but does
not support removing the condition related to petition and waiver.
Finke stated that the Council can choose to include that condition if it feels appropriate.
Anderson echoed the comments of Pederson related to the concern of traffic and the
desire to require the construction of the northern 500 feet of Tamarack Drive and include
the petition and waiver.
Martin used the example of the Brockton Lane project, which came a number of years
after the Enclave project. She stated that part of the City’s cost for that project came
from funds received in the Enclave approval process. She asked why this developer
would not also be required to contribute to the cost of those future improvements as it
will benefit the development and these homes contribute to the necessity of the
improvement.
Batty stated that there have been several court cases that have indicated that it is not a
permissible way to pay for public roads, which is why the City has avoided that. He
stated that the alternative has been described by staff. He explained that the conclusion
was that petition and waiver are of the most value when used immediately. He
explained that when improvements are delayed, land uses, and costs can change which
are risks to a petition and waiver.
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Martin stated that it would appear that either the developer commit to that contribution
towards the improvement now or the homeowners would be hit with an assessment
later. She stated that she would not want to see residents of the townhomes responsible
for the assessment rather than the developer. She asked if the prospective purchasers
of the townhomes could be made aware of the potential future improvements and related
assessments to ensure that they have been informed.
Batty commented that there are two improvements to consider, the first being the
construction of the northern portion of Tamarack Drive, which Lennar will be required to
build that full width of the 500-foot road segment, as long as the necessary right-of-way
can be obtained from the other property owner on the west side. He stated that with
regard to the stoplight and other intersection improvements, those would be warranted
more in the future and therefore a petition and waiver would not be utilized for some
time. He stated that the Council was very clear during the numerous meetings related to
the Tamarack Drive study that the Council did not want to see the City put funds into the
project. He explained that requiring petition and waiver signals that the improvement
would be completed as a public improvement project and therefore staff does not
support requiring a petition and waiver.
Pederson stated that Wayzata School District has a property on the south side of
Highway 55 and has a projected timeline of three to five years and will need a stoplight.
He asked how that property owner would feel when the City tells them that a petition and
waiver was not done. He stated that an inflation rate could be added to the petition and
waiver.
Batty stated that the City always includes an inflator in petition and waivers but uses a
construction cost index. He explained that while that is a good general estimator,
construction costs can change disproportionately. He stated that the improvement may
be completed as a public improvement project which would include assessments but
there is also the possibility that a developer may be willing to complete a
disproportionate amount of work in order to move forward with the project. He noted that
requiring a petition and waiver would discourage against the second possibility.
Anderson commented that Batty did a good job explaining why a petition and waiver was
not recommended.
Albers commented that his questions have been addressed.
DesLauriers agreed with the comments of Batty. He asked if the road would be large
enough to support emergency vehicles if the right-of-way is not obtained from the
property owner to the west and Lennar only constructs their half of the road. He also
asked if there would be a concern with vehicle stacking on that short segment of road if
only half the road is constructed.
Finke stated that the design would need to be shown in order to make those
determinations, noting that it could possibly only be used as a secondary emergency
access as there is alternative access to the site.
DesLauriers asked if there would be an any ideas as to the possible width in that
scenario.
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Stremel commented that the proposed segment of Tamarack would be 32 feet wide,
therefore if only the east half is constructed that would be 16 feet wide and could suffice
for emergency access. He stated that perhaps a temporary two-way segment could be
constructed within the Lennar right-of-way.
Finke confirmed that the temporary road would be very different and would remove other
options, noting that the trail area could be used for additional width and the trail could
then be constructed in the future with the remainder of the road.
Batty stated that the development agreement states that Lennar will build the full width of
the road as long as the necessary right-of-way is dedicated by the property owner to the
west by December 31st. He stated that if the right-of-way is not dedicated, Lennar would
only be responsible for construction within the right-of-way that would be dedicated by
Lennar.
Pederson commented that while he respects the position of staff, he disagrees with it
because of the safety concerns. He stated that a 16-foot road would only place
additional burden on Meander Road.
Scherer clarified that the road would not be 16 feet wide, as there is additional right-of-
way proposed for trail that could be used if the right-of-way from the other property
owner cannot be obtained. He stated that while it would not be the road envisioned, it
could support the temporary use.
Pederson stated that if the trail is removed to create additional road width, that would
create additional safety concerns for pedestrians.
Anderson stated that he now believes it would be inadvisable to use a petition and
waiver as this is not a City road and he would not want this to be a City improvement
project. He stated that if the road has to be constructed in a temporary manner, as long
as it is safe, he will support that.
DesLauriers agreed with the comments of Anderson. He stated that after receiving input
from staff he does not believe that a petition and waiver would be the best course. He
stated that like Pederson, he would prefer the full segment of road be constructed but
recognized that without right-of-way from the other property owner, that is something
that is out of the control of the City and Lennar.
Albers echoed the comments of Anderson and DesLauriers and agrees that at this time
it would not be in the best interest of the City to pursue a petition and waiver.
Martin confirmed the consensus of the Council not to include a petition and waiver and
provided suggested language for the condition related to the construction of the 500-foot
segment of Tamarack Drive to ensure that a safe roadway could be constructed if the
necessary right-of-way is not received from the western property owner.
1. Easement Vacation – Public Hearing Continuation
Martin reopened the public hearing.
No comments made.
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Martin closed the public hearing.
2. Resolution No. 2020-90 Granting Final Approval of the Meadowview
Commons Plat
Martin asked if it would be appropriate to add an addition to item 11 requiring that
homeowners be made aware of the potential assessment.
Batty stated that he does not object to the action but commented that he has not seen
that in other instances. He stated that the developer could be required to add language
to the HOA documents attempting to notify purchasers of the property.
Albers commented that he would support that.
Anderson asked for input from Martin as to why she believes that should be done.
Martin explained that if the developer will not incur the additional costs for the
intersection improvements, then the potential cost could be absorbed by the
homeowners via future assessments of which potential buyers should be advised.
Anderson asked why would the Council potentially put homeowners at risk rather than
make it clear to all parties that the developer would be responsible to build out the
roadway.
Martin stated that everyone is in agreement that the developer is responsible for building
out the segment of Tamarack contiguous to the development. She stated that her
statement regarding notice would be for the other future improvements related to the
segment and intersection at Highway 55.
Finke clarified that the City could require the physical construction of whatever portion of
the road that can be constructed depending upon right-of-way. He stated that if the
right-of-way can be obtained, the developer would be responsible to construct that full
500-foot segment of roadway. He stated that if the right-of-way is not provided from the
other property owner, the physical construction can only be required on the right-of-way
provided by the applicant. He stated that Lennar would not be required to reconstruct
the other portion of Tamarack Drive if the other property owner does not provide the
right-of-way and explained that portion of the roadway would be constructed along with a
future development project that necessitates that portion of the roadway.
Anderson stated that he does not object to the language proposed by Martin.
Martin acknowledged that it would be unusual in this instance to include this type of
language in a HOA document but believed it could be appropriate.
DesLauriers stated that he agrees it would be transparent, noting that perhaps that
language could be added to condition 16 related to HOA documents.
Pederson stated that he also likes being transparent and would agree to the additional
language.
Moved by Martin, seconded by Albers, to adopt Resolution No. 2020-90 Granting Final
Approval of the Meadowview Commons Plat with the conditions noted and amended as
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follows: condition four should state in the event that the property owner to the west does
not contribute the necessary right-of-way by the identified deadline, the applicant shall
submit plans to be reviewed by the City Engineer related to the second access to the
site which shall be constructed as a full roadway utilizing the road right-of-way and area
marked as streetscape/greenspace/trail; and condition 11 shall be amended to include
the language that the documents shall include a notice to prospective owners that the
full construction of Tamarack to Highway 55 has not been assessed nor budgeted for by
the City and any such future road improvements may subject the property to future road
assessments.
Further discussion: Johnson noted that two people have requested to speak on this item.
Anderson stated that while he respects the requests to speak, he would have thought
those requests would have come forward at an earlier time in the discussion, such as
when the public hearing was opened. He stated that it is now late in the discussion to
receive input.
Martin noted that the public hearing was related to vacation of easement and did not
specifically concern the road improvement topic.
Pederson commented that he would accept the comments if they were kept brief. He
asked that the comments be kept under three minutes.
Martin agreed with the comments of Pederson and confirmed the consensus of the
Council.
Eric Miller, civil engineer representing the Cavanaughs, stated that he attempted to
respect the process and appreciated the allowance to speak. He recognized the
evolution of the discussion but noted that even though this is the final plat approval there
are still unresolved issues. He referenced the future funding of the roads and referenced
the City’s study and the allocation of traffic that can occur to Meander Road until the
connection to Highway 55 is provided. He noted that this development would only
consume 30 percent of the trips needed to trigger the connection to Highway 55. He
stated that the total development is area is 70 acres and this development area is 22
acres of that. He stated that as identified, following this development, a four-acre
development would be the trigger to fund the remaining construction of Tamarack Drive,
which will hinder potential development opportunities. He asked that the Council
withhold final approval until those items have been resolved.
Joe Jablonski, Lennar, appreciated the discussion tonight. He referenced the second
proposed change to the resolution related to HOA documents. He stated that while he
appreciates the attempt of the Council, the additional language could cause problems
because there is not identified dollar figure which could cause hesitation from buyers.
He stated that they would not be able to provide clarity as to when that could occur or
how much the amount could be.
Pederson commented that he appreciated the input from staff related to the issue of
petition and waiver. He stated that although he still feels differently, he will support the
action.
A roll call vote was performed:
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November 17, 2020
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
3. Resolution No. 2020-91 Vacating Drainage and Utility Easements within
Outlot A, Rolling Green Business Center
Moved by Martin, seconded by DesLauriers, to adopt Resolution No. 2020-91 Vacating
Drainage and Utility Easements within Outlot A, Rolling Green Business Center.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
4. Development Agreement by and between the City of Medina and
U.S. Home Corporation for Meadowview Commons
Moved by Martin, seconded by DesLauriers, to approve the Development Agreement by
and between the City of Medina and U.S. Home Corporation for Meadowview Commons
with the added conditions related to final plat approval as modified to be incorporated
into the development agreement.
A roll call vote was performed:
Albers aye
DesLauriers aye
Anderson aye
Pederson aye
Martin aye
Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT (9:43 p.m.)
Nelson provided a brief update on recent liquor license violations of two businesses
conducted on October 28th. He stated that these are first offenses for both businesses
which typically result in a $500 fine and/or ten-day suspension of the liquor license. He
asked that the Council accept the $500 fine and stay the ten-day suspension of the
liquor license for 12 months so long as there are no additional violations.
The Council confirmed consensus with the recommendation of Nelson to impose the
$500 fine and stay the ten-day license suspension for a period of 12 months as long as
there are no additional violations.
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November 17, 2020
Johnson stated that Albers had brought forward an idea for an ordinance against
protests on private residences or property, like what was enacted in Lino Lakes. He
asked for direction from the Council on whether to investigate the issue.
Anderson agreed that he would strongly support that idea.
The Council confirmed consensus with directing staff to research that topic.
XI. MAYOR & CITY COUNCIL REPORTS (9:46 p.m.)
No comments.
XII. APPROVAL TO PAY THE BILLS (9:47 p.m.)
Moved by DesLauriers, seconded by Albers, to approve the bills, EFT 005710E-
005727E for $61,653.82, order check numbers 050873-050950 for $96,973.34, and
payroll EFT 0510615-0510649 for $56,538.52.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
XIII. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON
POTENTIAL LITIGATION RELATED TO ZONING VIOLATION AT 2402 STATE
HIGHWAY 55 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD.3(b)
Moved by Martin, seconded by DesLauriers, to adjourn to closed session at 9:48 p.m. to
discuss potential litigation related to zoning violation at 2402 State Highway 55 pursuant
to Minn. Stat. 13D.05, Subd. 3(b).
A roll call vote was performed:
Anderson aye
Albers aye
DesLauriers aye
Pederson abstain
Martin aye
Pederson noted that he has a conflict and will not be able to participate in the closed
session.
Motion passed unanimously.
The meeting returned to open session at 10:28 p.m.
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November 17, 2020
XIV. ADJOURN
Moved by Anderson, seconded by DesLauriers, to adjourn the meeting at 10:28 p.m.
A roll call vote was performed:
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Jodi M. Gallup, City Clerk