HomeMy Public PortalAbout10.03.2023 City Council MinutesMedina City Council Meeting Minutes
October 3, 2023
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MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 3, 2023
The City Council of Medina, Minnesota met in regular session on October 3, 2023 at
7:00 p.m. in the City Hall Chambers. Mayor Martin presided.
I. ROLL CALL
Members present: Albers, DesLauriers, Martin, and Reid.
Members absent: Cavanaugh.
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 Police
Sergeant Kevin Boecker.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:00 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:00 p.m.)
A. Approval of the September 19, 2023 Regular City Council Meeting Minutes
Moved by Martin, seconded by Reid, to approve the September 19, 2023 regular City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the September 26, 2023 Special City Council Meeting Minutes
Moved by Martin, seconded by Albers, to approve the September 26, 2023 special City
Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA (7:01 p.m.)
A. Adopt Resolution 2023-96 Accepting Donations for Medina Celebration Day
2023
B. Adopt Ordinance 718 Prohibiting the Sale of Edible Cannabinoid Products
Under Minnesota Statutes, Section 151.72
C. Adopt Resolution 2023-97 to Public Ordinance Prohibiting the Sale of
Edible Cannabinoid Products by Title and Summary
Martin expressed appreciation for the donations received for Medina Celebration Day.
Moved by Albers, seconded by DesLauriers, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:02 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
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B. Park Commission
Scherer reported that the Park Commission discussed pickleball at its last meeting and
recommended that the City Council not remove pickleball from Hunter Lions Park.
Additionally, based on the sound study, the Commission determined that sound
mitigation is not a feasible solution and recommended that sound mitigation not be
pursued at this time. He stated that the Commission recommended that before its next
meeting, the Commission should explore ways to work with a committee to find an
alternate solution. He confirmed that the kayak racks have been installed along with the
seating areas and benches would be installed within the next week at Lakeshore Park.
He commented that the grandstand is looking great and highlighted a few remaining
items that need to be completed. He noted that will be a great addition to that park.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to hold a
hearing to consider an amendment to the plat and PUD for the Meander Park and
Boardwalk project. He noted that the applicant is looking to purchase additional land to
the east to expand the parking and other features along with the addition of solar panels.
Martin asked if the interest rate conditions are slowing down development in Medina.
Finke suspected that is part of the issue along with a lack of platted lots for development.
He noted that there were a fair number of permits issued last month as there were six
twinhome units and a larger commercial development.
DesLauriers asked for more detail on the solar panel carport concept.
Finke replied that there would be pillars that the panels would sit on above the parking
area with clearance for vehicles underneath. He was not aware of an example locally
but noted that there would be examples in other locations that he could gather.
VII. PRESENTATIONS (7:08 p.m.)
A. Wayzata Public School Technology Levy Presentation
Wayzata School District Superintendent Chase Anderson thanked the City for its
partnership over the years noting that he has appreciated the opportunity to meet with
staff in the past related to projects and collaboration. He referenced the 80-acre parcel
that the School District owns in Medina, noting that the eventual purpose was for an
elementary and middle school. He commented that COVID slowed down their growth
projections but that is picking back up. He stated that he is present tonight to provide
information on the technology levy that is on the November 7th ballot, noting that early
voting has begun. He stated that this technology levy would otherwise expire in 2025
and the other technology levy would expire in 2029. He reviewed some of the items
provided for under the technology levies. He commented that there are four open seats
on the School Board, recognizing the members that have chosen not to run for
reelection. He commented that there are six candidates running in this election and
more information can be found on the School Board website. He played a short video
explaining more about the technology levy request. He commented that they have been
fortunate to have supportive communities, noting that typically the technology levies
pass with a rate of 80 percent.
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DesLauriers asked for an update on recruiting teachers and whether there is funding for
competitive wages.
Anderson replied that hiring can be challenging. He stated that they have been able to
draw in good candidates but acknowledged that there are fewer candidates. He
believed that they are able to offer competitive pay.
DesLauriers asked if enrollment is full or whether students are still being accepted from
other cities.
Anderson replied that they have been closed to open enrollment for a number of years.
He commented that COVID had a negative impact on enrollment, which in turn impacted
the financial assistance received from the State. He stated that they considered
reopening open enrollment for grades nine and ten.
Martin thanked Anderson and his staff for the work they do to enrich the lives of the
children in the community.
VIII. OLD BUSINESS
A. Tree Preservation Ordinance Discussion (7:24 p.m.)
Johnson noted that the Council reviewed the proposed changes to the ordinance at its
last meeting and provided additional direction to staff. He noted that staff has gathered
the additional information.
DesLauriers recused himself from the discussion.
Finke stated that he will be updating the ordinance with “pioneer trees”. He stated that
staff also researched the use of bare root trees and discovered that it could be beneficial
to allow them as it would provide for a more diverse tree species population. He noted
that perhaps two-inch credit is allowed for 1.5-inch trees in order to encourage a more
diverse tree population as not all species come in two-inch sizes.
Reid agreed as she preferred to have a more diverse tree community.
Albers agreed that diversity is good. He noted that sometimes trees are overplanted and
when a disease comes through that then has a larger impact. He asked what species of
trees would fall under that category.
Finke provided some examples that would fall under the two-inch category and
additional examples that would fall into the lower size category.
Scherer commented that when he purchases trees in the spring there is a huge list of
bare root trees. He noted that smaller trees also tend to grow faster. He agreed that
this change would be helpful to promote diversity.
Albers commented that if bare root were allowed, he would not want to go smaller than a
one-inch size. He stated that if that were done, perhaps the maintenance period is
changed from two to three years.
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Martin stated that perhaps the maintenance period is changed to three years for all trees
in order to avoid a situation where different trees have different guarantee periods. The
Council agreed.
Finke commented that he can look into that and provide feedback. He stated that
perhaps the change to three years is made for bare root stock.
Scherer commented that he would be interested in feedback from WSB as there is a gap
between two and three years where many balled and burlap trees are lost.
Finke stated that staff was able to create a spreadsheet, as they have discussed, in
order to provide the three examples requested by the Council and reviewed that
information. He reviewed how the tree inventory was broken down into different
categories. He then reviewed what would need to be replaced on an inch per inch basis,
on tree per tree for disease susceptible, and reducing the pioneer trees to half an inch
per inch replacement. He then reviewed the number of inches/trees that would be
required to be replanted on this size parcel and related payment to the forestry fund. He
stated that historically the requirement for replanting has exceeded what could feasibly
be planted on a site and therefore the result of the changes to the ordinance would be
related to the payment into the forestry fund.
Albers noted the substantial difference between columns F and H on those payments.
Finke stated that comes down to the value that is placed on different tree species.
Martin commented that the chart was very helpful. She commented that a tree is a tree
and reviewed the benefits that trees provide, regardless of species, and concluded,
therefore, that there should be little difference in the valuation because of the
environmental benefit provided by trees.
Albers agreed that a tree is a tree and different trees have different purposes. He noted
that even a boxelder has a purpose.
Finke commented that if a tree is a tree, the inch per inch standard would come into
discussion as a tree will eventually grow and therefore a large tree could be replaced
with one tree.
Martin commented that when she looked at the table, she was more inclined to only
reduce replacement for trees that would die anyways, such as elm and ash.
Reid noted that elms will always be vulnerable therefore those should be looked at
differently and commented that ash could also factor into that. She stated that diversity
would be important as there will always be something that comes along. She agreed
that those trees could be valued lower.
Martin commented that in terms of species of tree, the only differentiation would be for
insect disease prone trees. She asked if certain species of trees, because of their ability
to grow so fast, not be replaced at the same inch per inch basis.
Albers agreed, noting that he would tend to limit that to the few fast-growing species of
trees.
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Martin agreed noting that would be the pioneering tree category. She asked if there is a
maximum size that would apply to that lesser replacement calculation for pioneer trees.
Albers suggested that be allowed up to a certain size, suggesting 36 inches as the
differential.
Finke provided additional factors that a developer may consider when laying out a
potential development. He noted if boxelders have a lesser replacement rate, a
developer may choose to remove those trees and preserve higher value trees. He
stated that perhaps he consults with WSB to determine if there is a tipping point on
pioneer trees where they will not have much longer of a lifespan and perhaps the
differential is placed at that point.
Martin confirmed that there is a consensus to place a cap on the inch per inch
replacement for pioneer trees. She asked if there should be an incentive/penalty related
to old growth hardwood trees.
Finke stated that the two ways to do that would be to have a more complicated chart that
allows a lower removal allowance for deciduous hardwood trees or to do so through the
replacement requirement which would be done by having a lower replacement for other
lesser desired trees or higher replacement for deciduous hardwood trees. He explained
how the waiver exists in policy today and was unsure if there would be a way to build in
discretion to provide flexibility for preserving to be what the City determines to be higher
value wooded areas. He confirmed that has been done through a PUD and agreed that
is a good tool because other flexibility can be provided for other standards. He noted
that a developer may not be incentivized to use the PUD path because it puts everything
at the discretion of the City.
Martin noted that if boxelders do not require the same level of replacement and
hardwoods require two for one replacement, that could provide the desired result.
Finke noted that the question would then be how far Medina wants to go compared to
other communities. He noted that there are some cities that define a heritage tree over
a certain size and require a different replacement rate for that.
Albers confirmed that would also meet his objective.
Finke commented that he has a concern with noting a size of tree, as that would not
protect a stand of trees that would have trees of different sizes.
Albers noted that the forest inventory has identified the high-quality remnants of the big
woods in the area.
Finke commented that in a single development site there would not be that distinction
from a natural resources standpoint.
Albers noted that natural resources inventory overlay could be compared to the
development site.
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Finke commented that from a natural resources inventory standpoint, the broader tool is
to look at the inventory and guide those areas appropriately, as once you are on an
individual parcel for development that opportunity is sometimes missed. He stated that
there are also questions of equity for a person that owns a parcel with a stand of trees
that is available for development. He explained that the larger tool would be zoning.
Albers asked if there is regulation in Medina related to logging.
Finke replied that the City would regulate that removal, not exempt it, unless it was
planned for that purpose.
Albers recognized the intent of a Christmas tree farm. He asked how a parcel would fall
that is 40 acres in size and trees are removed to open up portions of the parcel.
Finke replied that there would be a lower removal allowance than a typical development
because of the roads and utilities involved for a development. He explained how tree
removal on private properties is documented and tracked. He commented that it seems
there is interest in using the removal percentage rather than just the replacement ratios
for hardwoods, although he was unsure quite how to develop that method. He noted
that there is a baseline recognition that there will be a certain level of trees needed for
removal in order to support development and then additional guidelines should be in
place to incentive/disincentive the trees they place lower or higher value on.
Martin commented that she does appreciate the efforts of staff as this is something they
have wanted to dive into for some time, and the lack of development has allowed this
more thorough review and discussion.
Finke referenced the topic of planted trees, noting that the current ordinance does
provide some account for trees that were planted by the property owner. He explained
how the process has worked to provide credit for planted trees through a waiver or PUD,
noting that the City has not actually ever followed the current process outlined in the
ordinance. He then provided an example of how the current ordinance language would
apply.
Albers stated that perhaps if the goal is to preserve trees, they should focus on the
percentage allowed for removal.
Martin asked Finke for input on planted trees.
Finke stated that one option would be to have no provision for planted trees.
Albers asked for a tree worksheet from another past development for comparison
purposes.
Finke stated that he probably could do that, recognizing that would provide more data
points but also wanted them to focus on things that could help them move ahead. He
stated that other development was not a PUD and the credit was provided under the
waiver portion of the Code.
Martin commented that she believes it would be appropriate to give some credit for
planted trees.
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Albers agreed.
Finke stated that perhaps rather than giving credit at two inches, credit is given to the
size of the planted tree.
Martin stated that perhaps the credit is for planted hardwoods and perhaps conifers as
well. She stated that if ash or elm was planted, she would not want to give credit for
those. She stated that she is not interested in giving credit for the actual size and would
want to stay with the two inch.
Finke stated that the language as written accomplishes that goal.
Martin noted that the definition of native tree should be moved to the definition section.
She also thought it would make sense to include the three most prominent invasive
species within the ordinance under the exemptions. She provided additional language
suggestions to be added. She commented that in the next report she would like to see
the redline of the current ordinance, and a second redline that would show the changes
resulting from this discussion.
DesLauriers rejoined the Council.
IX. CITY ADMINISTRATOR REPORT (8:41 p.m.)
Johnson had nothing further to report.
X. MAYOR & CITY COUNCIL REPORTS (8:41 p.m.)
No comments.
XI. APPROVAL TO PAY THE BILLS (8:41 p.m.)
Moved by DesLauriers, seconded by Martin, to approve the bills, order check numbers
054838-054888 for $324,423.27, EFT 007003E-007018E for $71,825.49, and payroll
EFT 0513028-05132057 for $65,983.17. Motion passed unanimously.
XII. ADJOURN
Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 8:42 p.m. Motion
passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Caitlyn Walker, City Clerk