HomeMy Public PortalAbout07.18.2023 City Council MinutesMedina City Council Meeting Minutes
July 18, 2023
1
MEDINA CITY COUNCIL MEETING MINUTES OF JULY 18, 2023
The City Council of Medina, Minnesota met in regular session on July 18, 2023 at 7:00
p.m. in the City Hall Chambers. Mayor Martin presided.
I. ROLL CALL
Members present: Albers, Cavanaugh, DesLauriers, and Martin.
Members absent: Reid.
Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, 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 (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:01 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:02 p.m.)
A. Approval of the July 5, 2023 Regular City Council Meeting Minutes
Moved by Albers, seconded by DesLauriers, to approve the July 5, 2023 regular City
Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA (7:02 p.m.)
A. Approve 2024 Residential Assessing Contract with Southwest Assessing
Services
B. Approve 2024 WSB Rates
C. Approve Compost Removal Service Agreement with Minnesota Topsoil
Moved by Cavanaugh, seconded by DesLauriers, to approve the consent agenda.
Motion passed unanimously.
VI. COMMENTS (7:03 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were no comments.
B. Park Commission
Park Commissioner Will Gunter stated that the Park Commission met in regular session
on June 21st to discuss pickleball noise comments where one person spoke in opposition
and many others spoke in support. He stated that the Commission ultimately agreed to
take the comments under advisement and that more time is needed to consider court
times, noise mitigation, and other elements. He stated that they also heard from the
applicants for the Preserve of Medina PUD and unanimously supported the trail
easement and cash in lieu for the additional park dedication. He reported that the
Commission has been working on plans for Lakeshore Park and recommended to
approve the concept plan. He stated that the Commission also reviewed the Great River
Medina City Council Meeting Minutes
July 18, 2023
2
Greening Grant opportunity related to the Woods of Medina and Medina Park Reserve.
He stated that the Commission also discussed the CIP, park fund balances, and asset
inventory, reviewing those recommendations.
Martin asked and received confirmation that the Commission is still processing the input
received related to the pickleball courts and will be coming back with a recommendation
for the Council to consider. She noted that she, staff, and other members of the Council
have visited with residents living near the courts and invited members of the Park
Commission to do the same as she found that experience to be educational.
C. Planning Commission
Finke reported that the Planning Commission did not hold a regular July meeting.
Albers asked if it is anticipated to hold an August meeting.
Finke replied that the Commission will meet in August.
VII. NEW BUSINESS
A. Pickleball Court Discussion (7:09 p.m.)
Johnson stated that at the July 5 City Council meeting, staff was directed to research
options for potential limited times.
Scherer stated that his specific direction was to provide a recommendation for reduced
court hours while the Park Commission considers further sound mitigation options. He
stated that the recommendation of staff would be to temporarily change the hours to 8
a.m. to 8 p.m. He stated that some members of the Commission have visited the courts
and have been more involved in this topic as the group continues to discuss pickleball.
He stated the Park Commission will discuss screening and other potential measures of
mitigation for the courts at their meeting tomorrow night.
Albers agreed that the action item was to receive temporary hours until they could
develop some mitigating strategies for sound and potentially visually for the residents
living nearby.
Martin stated that she will allow members of the public to speak on this topic related to
the temporary hour proposal. She stated that other mitigating strategies will be analyzed
by the Park Commission and that body will make a recommendation for the Council to
consider.
Cathy Carr, 3201 Butternut Drive, commented that her family chose to live by a park and
accepted the activity that came along with that choice. She stated that their lives
changed in May of 2023 when people started playing pickleball nonstop. She stated that
when the Park Commission chose to add pickleball to the plans for the park in 2020, it
was already a highly divisive sport. She commented that pickleball is widely known as a
noisy game and experts recommend that courts not be placed closer than 500 to 600
feet from residential homes. She stated that if a closer distance is chosen, a sound
engineer should be used to mitigate the noise from the sport. She noted that lawsuits
have and continued to be filed over the issues being discussed related to pickleball. She
provided examples of sounds that would compare to the noise from pickleball noting that
her home is 100 feet from the courts. She noted that her family has had to stay in their
Medina City Council Meeting Minutes
July 18, 2023
3
home because of the noise from the activity of pickleball and those playing the sport.
She commented that people are arriving at 6:30 a.m. to begin playing. She noted that
the signs state that the courts are only to be used by Medina residents and their guests
and did not believe that all players fall into those categories.
Martin acknowledged that the resident has researched this topic well but noted that
speakers are asked to limit their comments to two minutes. She asked that the Council
be provided a copy of the resident’s written materials and limit the remainder of her
comments towards the suggestion for reduced hours.
Carr estimated 99 ball hits per game, which over the 12-hour period proposed would
subject residents to 4,752 ball hits per court. She stated that the public nuisance
ordinance would not allow a dog to bark at that rate. She stated that repeated requests
of residents to have noise studies have not been answered. She asked that the courts
be immediately relocated to another court that would simply require restriping, is 450
feet from the closest home, and already has two buffering rows of trees. She stated that
most residents chose to live in Medina to enjoy the rural character and the City has
made a commitment to preserve that character. She stated that the Council has the
opportunity to change course and resolve this issue. She stated that while pickleball is a
great addition to Medina, it should be located in another park.
Brian Kirkendall asked what the plan is. He stated that in reviewing the records, the plan
that was presented to the public three years ago is very different than what occurred.
He stated that the plan was to remove the tennis court, basketball court and baseball
field. He commented that the City spent money to move the baseball field when the
Hamel Athletic Club had committed to do that. He was unsure why the City spent the
money when HAC had committed to that. He noted that everyone agreed to remove the
court and was unsure why funds were spent to line that court for pickleball. He asked
who is making the decision as it is certainly not the public. He stated that the concept
was to have new tennis courts with pickleball courts but that also was not how it turned
out. He stated that he reviewed the City Code which would provide specific guidance on
the hours. He noted that while 8 a.m. to 8 p.m. is fine in July, that would not work in the
other seasons. He noted that those limited hours are still the entire day. He commented
that people begin to play at 5:45 a.m. He stated that external speakers and radios
should not be allowed, and pets should not be allowed on the courts or tied to the courts.
He stated that people are tying dogs to the courts and the dogs bark consistently during
play while the ball goes back and forth. He proposed that additional signage should be
installed listing the actions that are prohibited. He commented that people are yelling at
each other and pushing each other, and this will continue to occur and potentially get
worse.
Martin confirmed that the resident would like to see the rules posted in the park
expanded to include the rules set forth in city ordinances.
Christine Kirkendall, 3185 Butternut Drive, commented that she spoke at the July 5th
meeting about her personal situation and how the pickleball courts have impacted her.
She commented that the first speaker covered a lot of the issues the community is
facing. She invited everyone in the room to come to her home and stand on her deck to
hear the sound that carries from the pickleball courts and parking lots. She stated that a
few weeks ago she was home alone with COVID, waiting for two players to finish their
game on the courts so that she could go outside and enjoy her deck. She stated that the
Medina City Council Meeting Minutes
July 18, 2023
4
two men proceeded to talk loudly in the parking lot about a woman they both had an
affair with. She commented that the language was disgusting, and she could not
imagine anyone being subjected to that conversation. She stated that she never
intended to leave Medina, but they are moving because of this issue and is aware of the
declining property value that they will face. She commented on an incident the previous
day where she wanted to go to sleep but could not because there were six teenagers on
the court playing loud music. She commented that she called the police as the Council
had previously directed but the policeman did not say anything to the teens as he said
he could not hear the music from the parking lot. She stated that she calmly went to the
court and asked the teens to turn the music off and the teens yelled at her and screamed
profanities at her. She stated that she went to talk to the policeman to tell them about
the incident. She noted that the teens proceeded to say that they were going to make
her life a living hell and proceeded to play for four more hours with their music blasting
and yelling profanities. She asked that the hours for the courts be changed from 9 a.m.
to 7 p.m. with one day off per week. She pleaded with the Council noting that sound
mitigation measures have to be put in place. She asked for trees and greenscreen on
both sides of the road.
Rohit Agarwala, 3241 Butternut Drive, commented that they are already looking forward
to winter at his house because the courts will be closed. He stated that if the Council
chooses a reduced hours solution, he asked that the Council look at the hours that he
has suggested. He stated that the majority of cities have implemented a 40-hour play
week with either longer hours and more days off or shorter hours and less days off. He
stated that the proposal of 8 a.m. to 8 p.m. is insulting as it shows that staff is not taking
this problem seriously. He stated that kids sleep more than adults and therefore may not
experience any quiet time during the day. He stated that as days grow shorter the entire
daylight time will be filled with noise. He stated that for cities that use 12-hour play days
they require courts to be 600 feet from the lot line, noting that they are not measuring
from homes but from property lines. He stated that cities are choosing the wellbeing of
homeowners and reduced hours would allow outdoor family time for children to play and
for those around the park to enjoy their yards. He asked how the 12-hour time was
developed and whether they considered the neighbors in the area. He asked the
Council to reject the hours proposed and consider the neighbors and their best interest
when considering this short-term solution as well as a long-term solution. He
commented that the neighbors have lived with this issue for two months already and
need some relief.
Neil Wolf, 3390 Elm Creek Drive, commented that he does not hear any of the noise
mentioned. He stated that he has not heard the fighting in the parking lot, or the dogs
and he works from home. He stated that he has lived in his home for 35 years and was
there when the park was initially created. He stated that the city has grown since that
time and more facilities are needed for the residents. He appreciated the comments
made tonight but these improvements were needed to serve all the residents of the
community, not just the needs of those on Butternut. He stated that he interviewed over
40 people in his area and received no complaints about the park and the activities of the
last six months. He was puzzled by the comments of the previous speakers and likened
it to fake news as he lives just as close to the park as the others that spoke tonight. He
commented that he does believe that some changes are necessary to allow the others
that have spoken to enjoy their decks. He suggested the hours proposed of 8 a.m. to 8
p.m. and noted that if people on Butternut do not like it, they could plant trees. He stated
that he did not particularly like it when the homes on Butternut were built and the
Medina City Council Meeting Minutes
July 18, 2023
5
construction noise that occurred nor the traffic that was added but also understands that
is part of progress. He believed that the comments received were just a response to
change. He stated that public works staff did an exceptionally good job in designing this,
noting that there were changes in the plan, but the City received tremendous cost
savings as well. He stated that he interviewed ten people last night and did not receive
one complaint. He found it difficult to respond to the previous speakers as he has not
experienced that. He stated that he does see kids and their parents playing pickleball
and leaving with smiles on their faces. He commented that the needs of the many
outweigh the needs of the few. He stated that if the neighbors do not like the noise,
there are improvements they can make on their own property. He stated that buffers are
needed along Hunter from his property, all the way down, estimating six to 12 trees. He
asked that the City implement the hours of 8 a.m. to 8 p.m. noting that the gates would
most likely have to be locked as people have been playing at 10 p.m. He stated that the
parking lot should also be striped as people are parking all over. He also suggested that
the police make frequent stops to interact with the public and check on the courts. He
noted that a drinking fountain would be nice because of the activity and hot weather. He
commented that the signage could be improved stating the regulations clearly for users.
He commented that the City is not responsible to fix everything and if people on
Butternut are not happy, they can look into improvements on their property similar to
what the others in the area had to do if they did not like the homes on Butternut being
built.
Gabe Vogel, 2972 Butternut Drive, commented that he is in support of the pickleball
courts noting that he and his friends play on the courts multiple times a week. He noted
that it provides them an opportunity to get together and be outdoors. He thanked the
City for giving the community another reason to be outside and enjoy the summer
season. He noted that he also enjoys the winter rink. He stated that his generation gets
a bad reputation for their use of technology and when they do get outside and off
technology, there seems to be an issue with that as well. He commented that when he
is at the courts there are people of all ages and backgrounds enjoying pickleball. He
stated that he recently heard an older woman comment that pickleball gives her and her
friends an opportunity to get outside and be active and that she has made new friends at
the courts. He commented that a few years ago all the parks were empty, and it is
amazing to see people back outside and enjoying the company of others. He supported
the hours of 8 a.m. to 8 p.m.
Joe Vogel, 2972 Butternut Drive, commented that despite their address on Butternut,
their home is not adjacent to the park. He stated that after reading the minutes from the
previous City Council meeting, he was concerned that the Council was only receiving
negative feedback, therefore he is present to voice his support. He commented that as
a taxpayer he is pleased to see investment in amenities that are actually used. He
wanted to see a way to keep this investment open and available to the public. He
commented that he is a regular user of the trail system in Medina and thanks the City for
its year-round maintenance. He commented on the noise from the busy road and
therefore was not sure that buffering the courts alone would solve the issue of noise for
those neighbors that spoke.
Paul Hermann commented that he believed that a voice from the older generation
should speak. He commented that he has played pickleball in many places and many
states and has not found an instance where cities do not allow play until 9 p.m. He
stated that other courts open at 6 a.m. or 7 a.m. He stated that in Golden Valley the
Medina City Council Meeting Minutes
July 18, 2023
6
courts are similarly close to the homes and a decision was made to wait until 8 a.m. for
play. He stated that he has not heard one swear word while playing at the courts nor
has he seen bad behavior in the parking lot. He did agree that the rules should be more
clearly posted. He stated that he has heard laughter at the courts. He noted that he has
lived in Medina since the time when it was all country, before the larger developments
were added and they do not complain about that. He stated that children are running
around in those neighborhoods screaming and laughing, but that is called fun. He stated
that perhaps the police will need to check in from time to time. He stated that the rules
state Medina residents and guests, which is vague for users. He stated that one group
that plays early are not Medina residents. He stated that the 8 a.m. to 8 p.m. hours
seem to be in line with most communities and he would support those hours. He stated
that he has never heard of a court having a day off, but perhaps that would provide
some quiet. He noted that the most popular time for people to play is between 7 a.m.
and 10 a.m. He stated that some people play before they go to work.
Cavanaugh commented that it seems the resident has experience at other courts and
asked if he has noticed sound mitigation at those courts.
Hermann replied that he has never seen anything that he could say has worked. He
noted that some courts have windscreens and perhaps there could be some type of
screen that would help to mitigate noise.
DesLauriers asked if the other courts were restricted to residents only.
Hermann replied that none of those courts restrict to residents only. He commented that
Plymouth tried that, but it did not work well, and the city dropped that, leaving the courts
open and it has seemed to work well. He stated that people learn how many people are
using the courts, the skill levels, and adjust their playtime appropriately.
Martin thanked the residents for their input and asked that the minutes from this meeting
and all written comments be provided to the Park Commission for its continued review.
She asked the Council for input on the proposed hours of 8 a.m. to 8 p.m. seven days
per week.
Cavanaugh asked if it would make sense to say 8 a.m. to 8 p.m. or sunset, whichever is
earlier.
Scherer stated that these hours would be specific to the courts and noted that the courts
are not lit, and people cannot play in the dark. He stated that the park hours are until
sunset as people get up early and walk trails and do the same in the evenings.
Martin referenced a question from a resident on the basis for the hour recommendation.
Scherer stated that he met with a member of the Park Commission that has been tasked
with research on this issue and his suggestion was 9 a.m. to 7 p.m. for three days per
week and then until sundown for four days per week. He commented that he believed
that would be complicated for users and therefore the 8 a.m. to 8 p.m. would provide the
same playing hours. He noted that the representative from the Park Commission agreed
it would be easier to have consistent hours each day of the week.
Medina City Council Meeting Minutes
July 18, 2023
7
Martin commented that it would seem appropriate to have some study of the level of
noise to ensure the activity is not above the level set through ordinance.
Anderson commented that he spoke with staff on this topic and referenced the comment
from a resident about MPCA noise standards. He stated that he has also inquired
whether WSB would have the instruments to complete that type of study. He noted that
the MPCA has specific standards on how those levels are measured, providing
additional details on that process. He believed that staff could work with an engineering
firm to have that type of study completed if the Council desires.
Martin recalled that when the MPCA evaluated noise standards decades ago there was
a lot of public comment and long hearings on the topic. She stated that regulation has
evolved in a sophisticated manner and believed the City should be able to determine if
the activity is above the State standards and City ordinance.
Anderson stated that the City does not have specific standards and relies on the MPCA
noise standards. He commented that mitigation standards could be taken whether or
not the standards are violated.
Martin commented that noise impacts people in different ways and therefore it may be
helpful to have the noise measurements as a baseline.
Anderson commented that there are a lot of apps that people can download on their
phones to measure sound but those are not calibrated to determine whether there is an
actual violation.
Moved by Cavanaugh, seconded by Martin, to direct staff to temporarily limit pickleball
court use hours to 8:00 a.m. to 8:00 p.m. and allow the Park Commission time to review
noise reduction options and provide a recommendation to the Council.
Further discussion: DesLauriers recognized that the Park Commission will be meeting
the following night and asked if that feedback could be provided to the Council at its next
meeting.
Scherer commented that staff intends to bring some information back at that time.
Martin noted that would most likely not allow sufficient time for a noise study to be
completed.
DesLauriers retracted his request.
Albers asked if staff could also be directed to place a sign within a reasonable amount of
time, such as one week, with the hours posted.
Scherer confirmed that a temporary banner would be installed immediately, noting that
staff would be working on that tomorrow morning.
Martin recapped the motion as stated, with the addition to direct staff to post
appropriately sized visible banners with the new hours of operation for the courts.
Motion passed unanimously.
Medina City Council Meeting Minutes
July 18, 2023
8
VIII. PRESENTATIONS (8:06 p.m.)
A. Representative Kristin Robbins – Legislative Update
Johnson introduced Representative Kristin Robbins.
Representative Robbins commented that she became the representative for Medina
through the redistricting that occurred. She stated that she typically provides a preview
and review of the legislative sessions to her cities. She stated that they were able to get
a bonding project approved that included the railroad crossing at Townline Road. She
commented that the Highway 55 corridor was not included in the bonding bill, and she
has asked that to be considered in the bonding tour that will occur this summer/fall. She
stated that she also represents the I-94 corridor, which was successful in obtaining
funding. She encouraged the cities along the corridor to work together, as that often
creates a more successful outcome in terms of bonding. She reviewed her committee
assignments and highlighted the activity of each during the last session. She also
reviewed other positive outcomes of the legislative session related to public safety,
nursing home funding, and education.
DesLauriers referenced the increase to the State budget and asked how that would be
sustainable.
Robbins commented that it is not sustainable, and she was unsure what would be done.
She commented that it is very concerning and believed it would be discussed again in
the next session.
Martin thanked Robbins for the update and the work she does on behalf of the
community.
VII. NEW BUSINESS (Continued)
B. Preserve of Medina – PUD General Plan and Preliminary Plat (8:16 p.m.)
Johnson stated that the applicant is requesting PUD General Plan and Preliminary Plat
approval for five lot rural development that would also include restoration of a large area
of wetland which would create a wetland bank.
Martin commented that this topic has been before the Council conceptually and the
Council has reviewed the information in the packet thoroughly.
Finke stated that the Planning Commission and Council did review a concept plan for
this project last summer, which is similar to the proposal tonight. He reviewed the
project location and noted that the proposed development would include five lots on 73
gross acres, where about 20 acres is currently wetland. The property is zoned rural
residential, and Finke reviewed the surrounding zoning. He noted that the applicant
proposes a PUD, which provides flexibility to the standards of the zoning code. He
stated that a five-lot subdivision would be allowed under the zoning district and
explained that the PUD proposes to use the same number of lots on a smaller area in
order to restore wetlands in the center of the property. He stated that the restored
wetlands would be used to develop wetland credits and after the credits are sold that
area would remain wetland in perpetuity.
Medina City Council Meeting Minutes
July 18, 2023
9
Martin asked if anyone has concerns with the lot dimensions proposed and no concerns
were voiced. She noted that there may be some flexibility to adjust the numbers slightly
as the design is finalized in order to create the wetland bank. She stated that she would
be fine with slight variation as long as lot five does not get smaller.
DesLauriers asked for clarification on the base density and total number of lots.
Finke explained that the applicant provided a standard rural residential development
showing that five lots could be created, and that was used to establish the maximum
density for this parcel.
Martin commented that there must be some rationale for the City to provide flexibility and
a number of findings were listed within the staff report. She commented that this is such
a unique development and she finds no reason not to approve this proposal.
Albers agreed.
Finke noted that although PUDs are used quite often in development, there is not much
history of using a PUD in a rural setting. He stated that this is the first request for a rural
PUD in the last two decades. He stated that the applicant is going to work with Gordon
James as a home builder and information was included in the packet on that builder.
Cavanaugh asked if the developer would have the option to place covenants on the
development if desired.
Finke confirmed that the developer will likely place design covenants on the
development, but the City does not have architectural design standards for the rural
residential district. He noted that density is based on minimum lot size and the
requirement for a lot served by septic to show two type one septic locations for each lot.
He noted that the northern lots (one and two) did not have two sites for septic located on
the lot, but the owner owns property on the north side of the wetland and could meet the
technical requirement for lots one and two on that property. He stated that the likely
scenario that has been discussed with the applicant and Building Official is that a more
high-tech septic system could be used on those lots rather than a traditional mound
system. He stated that staff would recommend that those two lots (one and two) utilize
the type four system, if the type one system is not used. He stated that the developer
would sell the wetland credits and once those are sold, the long-term maintenance of the
wetland area comes into play. He stated that the Minnehaha Creek Watershed District
has been a partner in this project and would support taking on the long-term
maintenance of the wetland area once it is established, up and running, and the credits
are sold. He noted that the Watershed District would require a payment from the
proceeds of the credit sale to support the ongoing maintenance. He stated that the City
would own the outlot at that time with the Watershed District handling the maintenance.
He explained that the City would have stronger enforcement tools related to the wetland
and potential violations from adjacent property owners, which is why the City would be
desired as the eventual owner of the outlot that contains the wetlands. He asked for
feedback from the Council on that ownership and then noted that he and legal counsel
could draft language for that related condition. He noted that staff views the partnership
with the Watershed District as a benefit.
Medina City Council Meeting Minutes
July 18, 2023
10
Martin asked if there could be an indemnification clause for the City should it take on that
ownership.
Anderson confirmed that could be added above and beyond the typical indemnification
language within a development agreement. He stated that if the Council supports this
approach, he could work with Finke to develop language for that specific condition in a
way that makes the most sense.
Finke noted the careful analyzation of the drain tile to ensure that will function correctly
and not negatively impact adjacent development. He stated that the Park Commission
did recommend a trail easement from Holy Name Drive to the easement to the north to
assist in creating future pedestrian trails. He noted that trail construction would not be
required at this time. He stated that the park dedication would then be recommended in
the form of the trail easement and the remainder to be accepted through cash in lieu.
DesLauriers commented that he was unsure that it would make sense to have a trail go
through the property.
Martin agreed that it would not seem to make sense to have a trail that traverses through
the property as it would seem to go through backyards. She noted the change in density
between this rural development and adjacent higher density development. She
recognized that a trail was required in a conservation development but explained that
provided a tradeoff for residents of both developments, as the older development had a
playground and the newer development had the open space areas, therefore connecting
the two made sense as it would provide those amenities to both neighborhoods. She
stated that she does not have that same sense here.
Albers agreed and stated that he does not favor an east/west trail that would connect
Holy Name to the Plymouth development. He stated that he would support a north/south
trail that could potentially connect to Medina Road in the future.
Cavanaugh agreed that the east/west trail would not make sense and would impact the
privacy of those lots. He asked if enough easement would be gained for a north/south
trail. He asked if an easement could be considered through the wetland for a potential
boardwalk in the future.
Albers commented that he would see a boardwalk as counterintuitive in this instance.
Cavanaugh commented that he is not stuck on the boardwalk concept but thought it
would be a nice amenity, noting a similar boardwalk in Plymouth.
Martin confirmed the consensus of the Council was not in support of the east/west trail
easement. She referenced the north/south easement noting that it only goes a certain
length and then stops, therefore she questioned if that would be feasible.
Albers commented that the termination is at the Plymouth boundary.
Finke commented that he does believe that easement would be of value as it could
provide connection to a larger network of trails in the future.
Martin confirmed consensus to keep the north/south easement.
Medina City Council Meeting Minutes
July 18, 2023
11
Finke stated that as proposed the lots meet the minimum lot width and depth, but the
developer has requested slight flexibility as they determine the final boundaries for the
wetlands. He stated that there is also a request for flexibility on the setback for animal
structures. He stated that the Planning Commission supported the 50-foot setback
internally and/or between lots and the outlot but recommended keeping the 150-foot
setback for external property boundaries.
Martin confirmed consensus of the Council in support with the Planning Commission
recommendation.
Finke stated that there is also flexibility in the wetland buffering. He explained that a
larger amount of buffer will be provided as part of the development but in some locations
the applicant is requesting a lesser buffer between the wetland and adjacent lot line. He
stated that staff and the Planning Commission supported that request and confirmed
agreement of the Council. He stated that accessory dwelling units (ADUs) are permitted
through Conditional Use Permit in certain residential districts, and the applicant has
requested that ADUs be allowed without a CUP and that there be a few changes to the
standards for ADUs, specifically related to size. He reviewed the current ADU size
regulation and compared that to the request from the applicant. He noted that staff does
not believe the size would be much different due to the definition used by the applicant.
Albers asked if the City needs to revisit its ADU regulations.
Finke commented that it could make sense to reconsider the regulations.
Martin commented that this could be a slippery slope to permit this development to have
two buildings on a lot without requiring the usual review under the City’s ADU ordinance.
She commented that there is a lot that goes into discussion and review for an ADU.
DesLauriers stated that this would essentially allow two houses on a lot that could go
down to 1.2 acres in size. He recognized that the development mentioned the likelihood
of the ADU being a pool house.
Finke explained that a pool house would be allowed without architectural review and
essentially without standards as long as it did not have a bedroom.
Martin commented that while she cannot recall denying an ADU, the City has in the past
imposed additional conditions and/or made suggestions about architecture or screening.
Finke noted that it sounds like a few members of the Council would feel more
comfortable leaving ADUs under the current review process. He stated that he believes
the developer was planning for the case where a homeowner would want to have a
mancave or she-shed, or pool house, that would have a bedroom along with the
recreational space.
Cavanaugh asked if there would be a way to provide some flexibility in terms of an ADU,
or a method to streamline that.
Martin commented that it seems that there is not a desire to provide flexibility for this
PUD related to ADUs, but there is a commitment to further study the City ADU
Medina City Council Meeting Minutes
July 18, 2023
12
regulations. She suggested that condition five be changed to only reflect the north/south
easement and remove the east/west easement which would also increase the cash in
lieu. She stated that the ultimate tree program would need to be compliant with City
ordinance, which would be reflected in condition ten. She confirmed that any special
provisions related to ADUs would be excluded from this request. She noted that Finke
and Anderson will work to develop a condition related to the ownership of the wetland
outlot and a partnership with the Minnehaha Creek Watershed District related to ongoing
maintenance of the wetland.
Tim Boser, applicant, stated that they do not anticipate major changes to the lot lines
and hoped to have a preliminary plan to submit to the governmental review agency
related to the wetland area. He stated that he understands the direction the Council is
moving related to ADUs, to address that more globally rather than just within this
development. He asked if there is an estimated timeline for that process. He noted that
they intended to use the ADU as one of the selling points when marketing the properties.
Martin commented that there would not be an anticipated timeline as the City has a list
of things it needs to review and discuss. She stated that ordinance reviewed are fit in as
time allows but sometimes development requests come forward and those receive
priority. She stated that buyers could be told that the City does allow ADUs and has
flexibility to review proposed ADUs, and that homeowners would simply need to follow
that review and approval process.
Boser appreciated elimination of the east/west easement as they were also concerned
with that and believed it would have significant impact on the values for lots one and two.
Martin thanked the developer for being so innovative with the use of the land.
DesLauriers referenced the comment from the Planning Commission meeting which
estimated a three-to-five-year process for the establishment of the wetland bank. He
asked if the applicant could move forward with building the homes before that time.
Finke commented that the applicant would take on some amount of risk with proceeding
with the subdivision and creation of the wetlands without knowing if the credits would be
saleable but confirmed that there would still be value in the lots and wetland. He stated
that the development would not be conditioned upon the ability to sell the credits but
would be upon the creation of the wetlands.
Martin recognized two neighbors to this property that are present in support of the
application.
Moved by Martin, seconded by DesLauriers, to direct staff to prepare documents of
approval for the PUD General Plan and Preliminary Plat, subject to the conditions noted
in the staff report and as discussed by the Council. Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT (9:16 p.m.)
Johnson stated that Night to Unite will be held on August 1st and asked that the Council
let staff know if they would like to ride along to the parties. He noted that the Council
would meet on August 2nd.
Medina City Council Meeting Minutes
July 18, 2023
13
Martin noted the upcoming celebration of the merging of two local fire departments. She
also noted Medina Celebration Day.
Walker provided an update on the planning for Celebration Day.
X. MAYOR & CITY COUNCIL REPORTS (9:18 p.m.)
Martin provided a brief update on recent fire service meetings.
XI. APPROVAL TO PAY THE BILLS (9:21 p.m.)
Moved by Martin, seconded by DesLauriers, to approve the bills, EFT 006907E-
006921E for $101,527.03, order check numbers 054541-054598 for $705,948.84, and
payroll EFT 0512833-0512867 for $65,613.92. Motion passed unanimously.
XII. CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 11-
118-23-21-005 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(C)
Moved by Martin, seconded by DesLauriers, to adjourn the meeting to closed session at
9:22 p.m. to consider land acquisition at PID 11-118-23-21-0005 pursuant to Minn. Stat.
13D.05, subd. 3(c). Motion passed unanimously.
The meeting returned to open session at 9:38 p.m.
XIII. ADJOURN
Moved by DesLauriers, seconded by Albers, to adjourn the meeting at 9:39 p.m. Motion
passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Caitlyn Walker, City Clerk