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HomeMy Public PortalAbout11.08.2023 City Council MinutesMedina City Council Meeting Minutes November 8, 2023 1 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 8, 2023 The City Council of Medina, Minnesota met in regular session on November 8, 2023 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. I. ROLL CALL Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. Members absent: None. 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 (7:01 p.m.) III. ADDITIONS TO THE AGENDA (7:02 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:02 p.m.) A. Approval of the October 17, 2023 Regular City Council Meeting Minutes Moved by Albers, seconded by Reid, to approve the October 17, 2023 regular City Council meeting minutes as presented. Motion passed unanimously. V. CONSENT AGENDA (7:02 p.m.) A. Appoint Stephen Mattayer to the Position of Community Service Officer B. Approve 2024 TimeSaver Agreement C. Approve Grancius Proposal D. Adopt Resolution 2023-103 Granting Extension of Time to Request Final Plat Approval for Preserve of Medina; Amending Resolution 2023-83 E. Approve Right of First Refusal Agreement with Loram Maintenance of Way, Inc. F. Approve Hackamore Road Change Order #2 Cavanaugh requested to remove Item 5C from the Consent Agenda for additional discussion. Albers referenced Item F and stated that he interpreted that the change order was a result of things the City did not have control of and is related to the trenching. He asked why the City would be responsible for that additional cost. Stremel stated that they coordinated a joint trench process for the private utility work, which was intended to go ahead of the City’s contractor. He stated that things extended into the summer/late summer for the private utility work which held up the City’s contractor. Martin commented that the City’s contractor was then unable to perform the work under the conditions agreed upon in the contract, which results in the change order. Medina City Council Meeting Minutes November 8, 2023 2 Stremel noted that the slowdown was not a subcontractor of the City’s contractor. He noted that this change order cost is a relatively small amount compared to the entire contract cost. Scherer stated that the lines were in the way of the project, therefore that portion of the project had to be completed first. Moved by Albers, seconded by Reid, to approve the consent agenda as amended. Motion passed unanimously. C. Approve Grancius Proposal Cavanaugh asked for more information. Johnson stated that staff may need to pull this tonight in order to provide more information on the potential savings and efficiencies. Martin asked if one of the goals of the proposal is to improve the website and make it easier to maneuver. Johnson confirmed that is true. Walker commented that currently the City is not receiving IT assistance for its website and therefore staff is limited in the ability to improve the City website, which is why this recommendation is made to move to Grancius to develop and manage the website. She stated that the current website cannot sustain the City as it moves forward. Cavanaugh commented on the challenges in finding information online for previous Council packets. Walker commented that while she has not experienced that issue, Laserfiche holds those files and is separate from the website. She stated that she can help Cavanaugh look into the settings and formatting in an attempt to assist. Martin commented that virtual meeting participation is not as smooth as they would like it to be and asked if this would assist with that. Walker commented that would be one of the add on options including packet management, videography, and meeting minutes that could be added in the future for an additional cost. Albers stated that he would be interested in being part of the design review for the website development. Moved by Martin, seconded by DesLauriers, to appoint Albers to assist with the design review for the new website. Motion passed unanimously. It was determined that action on this proposal would be delayed in order to bring back additional information as requested by Cavanaugh. Medina City Council Meeting Minutes November 8, 2023 3 VI. COMMENTS (7:14 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Park Commissioner Sharp reported that the Park Commission met on October 18th to discuss the Capital Improvement Plan and heard from several residents in the Deerhill neighborhood and summarized the recommendations that were made. The Commission continued discussion regarding pickleball at Hunter Lions Park and proceeded to provide a recommendation that it believes is in the best interest of all residents and not in violation of the MPCA noise regulations. He stated that the Commission agreed with the staff recommended trail and easement dedications related to Medina Park and Boardwalk. He also provided an update on maintenance activity and updates. Martin asked for more information on the rationale related to the pickleball recommendation. Sharp commented that the Commission spent a lot of time doing research to ensure adequate feedback from residents, noting that the initial planning began in 2020 and provided details on the multiple platforms used to collect input. He stated that the Commission reviewed all the feedback and there were no negative comments related to the concern for noise from pickleball. He stated that the Commission also reviewed the sound study results. He stated that the Commission also reviewed the feedback received from the residents with noise concerns along with the positive feedback and usage of the park. Martin asked how long the park has existed in that location. Scherer replied that the park was built in the 1980s and confirmed the park existed long before The Enclave neighborhood. Sharp stated that the Commission reviewed all the information from start to finish in order to make its recommendation. Martin referenced the concept of a sound curtain and asked the thought of the Commission related to that type of mitigation. Sharp replied the option of a sound curtain was reviewed, along with the cost, and did not believe that there would be a cost/benefit to that type of improvement. He noted that several of the residents that have a concern with noise and provided input at the October meeting said that they did not support any of the mitigation efforts/sound curtain. He stated that the Commission ultimately decided that based upon those comments, it was decided that the added expense of noise mitigation would not be helpful as those residents would still not be satisfied. He noted that those residents only wanted the courts moved to another park. He stated that the addition of the pickleball courts has transformed Hunter Lions Park from a park that was not being used to a park that is being enjoyed by residents. DesLauriers asked the thought process between the time changes. Medina City Council Meeting Minutes November 8, 2023 4 Sharp commented that sunset would be a natural thing to regulate play as courts are not utilized in the dark. He stated that a lot of residents came to the meetings to explain why they enjoy the early morning start as that allows people to play before they go to work or once their kids leave for school. He stated that the Commission decided that those residents should not be penalized. He stated that since this issue arose, he has gone to Hunter Lions Park over 200 times to observe the activity at different times of the day. He noted that there are many times when the courts are not being used. He stated that the courts are not being used during that full timeframe and estimated maybe five to six hours per day. He noted that hot temperatures also limit when people play. He noted that the goal is to provide recreational opportunities to residents, and it is exciting to see the park being used again. Cavanaugh asked if there would still be a plan for trees to be added. Sharp commented that the original plan included landscaping, which was approved. He noted that the original plan included the landscaping closer to the baseball fields than the courts because of irrigation availability. DesLauriers asked if the trees would be planted this year. Scherer confirmed that the trees could be planted once he receives that direction and could be extended as close to the courts as feasible working within the site constraints. He noted that the plantings may be delayed because of the time of year. DesLauriers asked if there would be plans to put trees across the street in the gap. Scherer replied that was not planned. He stated that the $5,000 that was budgeted was for the west side of the trail on the City side of the street. Cavanaugh asked if it would be possible to slide arborvitaes near the fence. Scherer replied that there is a pipe in the ditch and the ditch conveys water. He stated that it would not be feasible to have trees in that area but perhaps some shrubbery could be added to provide screening, as long as it would not be deep rooted. Martin asked if the 7 a.m. open time is consistent with other park usage. Sharp confirmed that 7 a.m. is an average start time noting that many courts in other communities open at 6 a.m. DesLauriers commented that Medina does not have a noise ordinance, so people could be cutting grass at 6 a.m. Sharp commented that he lives on Medina Country Club and that business starts mowing and yard work at 5 a.m. Cavanaugh recognized the huge contribution of time and effort Sharp has spent on this topic. Medina City Council Meeting Minutes November 8, 2023 5 C. Planning Commission Finke reported that the Planning Commission may meet the following week to potentially review an ordinance update related to non-conforming uses and structures. He stated that the meeting may be canceled due to lack of quorum as the issue is not time sensitive. DesLauriers referenced the lift station on Willow which appeared to go in well. He asked if any of that was contingent on the build out of the Cates project and whether there would be any potential issues with a new buyer. Finke commented that there was an easement agreement with the property owner, noting that an easement is not fee ownership. He stated that there could be potential payment due depending on land use entitlements. He stated that the northern parcel was not contemplated to be staged now for development and the southern parcel was not going to flow to the lift station, therefore those two parcels are not linked in terms of the lift station. Martin asked and received confirmation that the easement has been recorded. VII. NEW BUSINESS A. Hunter Lions Park Pickleball Courts Recommendation (7:31 p.m.) Johnson stated that the Park Commission held its October 18th meeting where the Commission discussed the cost-benefit of the different mitigation efforts, the various outcomes of those mitigation efforts, reviewed the sound study and concluded that the pickleball activities at the park are within the MPCA noise threshold. He stated that the Commission unanimously voted to make the following recommendations: sound curtains are not purchased, the courts are not moved, trees are planted per the original landscaping plan, the court hours are to be 7 a.m. to sunset, and the court season is at discretion of the Public Works Director. Scherer stated that the courts were opened in spring and within one-week residents began to express complaints about the noise. The Park Commission discussed this topic on four different occasions and the Council also discussed this on multiple occasions. He stated that the Council temporarily restricted the hours of play and authorized a sound study to be completed. He stated that the results of the sound study were found not to violate the MPCA thresholds. He reviewed the cost estimates for the different options including moving the courts from Hunter Lions to Hamel Legion or installing sound curtains. He recapped the recommendation from the Park Commission noting that the Council could choose to affirm that recommendation or modify that recommendation. Reid commented that hours should be established and enforced. She stated that she would agree with 7 a.m. to sunset and with the other recommendations of the Commission. DesLauriers stated that while he originally leaned towards an 8 a.m. start, he agrees with the Park Commission recommendation of 7 a.m. He stated that he would also like to see trees on the other side of the street in that gap which is perhaps 50 feet. Albers asked the life expectancy of a sound curtain. Medina City Council Meeting Minutes November 8, 2023 6 Scherer commented that they would plan to remove the curtain in the fall rather than leave it up during the winter to extend the life, but estimated between five to seven years for the curtain. He noted that estimated price is not just the curtain but the posts and other related elements. Sharp commented that he believed the life expectancy of the sound curtain was three to five years. Cavanaugh asked if adding the trees across the street, as suggested by DesLauriers, would double the $5,000 landscaping estimate to $10,000. Scherer confirmed that to be true. Martin referenced the recommendation not to purchase the sound curtains, noting that the Commission did not believe that would satisfy the neighbors with the complaints. She noted that this is a park that has existed prior to the construction of the homes in The Enclave and it would seem that people purchasing those homes made the decision to do so knowing that there was a park in that location. She recognized that there are pros and cons to living near a park and people purchasing a home near a park would have taken those things into consideration. She stated that she would be inclined not to expend resources on something that would not mitigate the issue, or if it did would only be for a small number of residents. Albers agreed with the comments of Martin. He stated that there would also be an ongoing expense to install a sound curtain as that curtain could have a replacement cost every five years. He stated that if that would not solve the problem, it would not seem to make sense. The other members of the Council agreed with Martin and Albers. Martin referenced the recommendation not to move the courts from Hunter Lions Park. Cavanaugh noted that a significant amount of money and research was spent to place the courts in this location, therefore it would be a waste of resources to move the courts. Albers commented that there would be a cost in excess of $80,000 to relocate the courts, which is not fiscally responsible. Martin agreed. She noted that there were opportunities for the public to participate in the planning of the park and there was no resistance to pickleball expressed during that time. Reid commented that is true, but the residents also may not have anticipated the noise that came along with pickleball. Martin commented that she visited three homes and was inside two of the homes, noting that the noise was not at a level you could hear inside the home, but you could hear people playing pickleball from the backyards. She referenced the recommendation to plant trees as originally planned in the landscaping plan and confirmed agreement from the Council. Medina City Council Meeting Minutes November 8, 2023 7 Albers stated that perhaps additional trees are contemplated on both sides of the street to provide additional screening. He stated that perhaps a not to exceed amount could be set. Martin recognized that the plantings may not be installed until the next planting season. Albers suggested a not to exceed amount of $12,500 for total tree/landscaping plantings. Martin confirmed that the not to exceed amount would include the original landscaping plan with the additional funds to be spent on trees to be planted on both sides of Hunter Drive. She confirmed the consensus of the Council in support of the hours of operation as proposed by the Commission of 7 a.m. to sunset. Scherer confirmed that those hours are similar to the hours allowed for tennis. Anderson noted the ordinance hours for parks in Medina which is sunrise to sunset. Martin noted that these proposed hours would be more restrictive than regular park hours but confirmed the consensus of the Council that this would be a good compromise. She also confirmed consensus of the Council in support of the ability for Public Works to lock access to the court when the weather becomes inclement. Moved by Martin, seconded by Albers, to adopt the recommendations provided by the Park Commission during its October 18, 2023 with the addition that the Public Works Director would have a budget of up to $12,500 to install the landscaping plan and additional trees along both sides of Hunter Drive as discussed. Motion passed unanimously. B. Meander Park and Boardwalk – Lot Split and Amended PUD (7:54 p.m.) Cavanaugh recused himself from this discussion. Johnson stated that the Council granted approval to an amendment to the PUD and Final Plat approval in April of 2023. The applicant is now requesting a change to the general plan of development. Finke stated that the main reason for the review is that the applicant has an agreement to purchase the 60-foot strip of property east of the commercial portion of the development to incorporate into the site in order to increase the size of the daycare building and to add additional parking. He stated that staff has proposed a lot split to split that 60-foot strip of property from the property is currently belongs to as one action. He stated that the amended plat would then incorporate that strip of property. He stated that one condition of the lot split approval would be that it becomes effective with the plat. He presented a comparison of the previously approved site plan to the proposed site plan, highlighting the differences to the daycare building size and increased parking. He referenced dashed lines shown over the parking lot which would be a carport with solar panels installed above. He stated that the location of the trash enclosure for the event center also changed from the north side of the building to the west end of the service drive to be more accessible for collection. He asked if the new location would be in agreement with the Council. Medina City Council Meeting Minutes November 8, 2023 8 Albers asked if all the trash would end up in that location. Finke replied that each building has its own trash enclosure, and this relocated location would only be for the event center. Martin noted that the change would be that the enclosure is not adjacent to the building. Finke commented that it is not uncommon that an enclosure does not directly abut a building. He stated that this could be found to be adjacent as the service drive does serve the building. Martin reviewed the different changes proposed and confirmed that there were not any objections from the Council related to the incorporation of the additional strip of land, increased size of the daycare center, increased parking, location of the trash enclosure, and increased size of the basement. She moved to the concept for the solar panel carport. She commented that she believes it to be an ingenious idea. Reid also agreed that it would be wonderful. Albers commented that aesthetically he does not love it but that would be his only hesitation. Martin commented that it would not be very visible from outside of the property to people driving. She stated that this would be a good location to try this concept. DesLauriers commented that he recently traveled and noticed something similar and while it is not pretty, the panels are not that noticeable when driving by. He recognized that this does serve a purpose. He commented that it seemed from the minutes of the Planning Commission that only two thirds of the parking would have this carport/panel concept and asked why they would not fully utilize that space for panels. He asked if the intention would be to have some of the landscaping screen this area. Finke identified the area that would be proposed for the carport/panel concept. DesLauriers commented that he would think the daycare parking would be a great fit for the carport/panels. He noted that the lighting proposed under the carport will also be great for safety. Chris Pederson, applicant, stated that the turning radius on the northern side for trucks would have an issue if that entire area had the carport concept. He stated that they did contemplate having half of that area but believed that would look out of place. It was noted that there is also underground storm water treatment in that area. He stated that the daycare developer seems to be interested in using solar panels on that building. He recognized that there is an opinion of aesthetic but noted that a parking lot is also not very aesthetic. He commented that solar panels are becoming an increasing trend in new development, and this is a great opportunity to generate additional energy through solar utilizing an area that will already be hardcover. He stated that the things they are building on this site are going to look nice and this is a unique opportunity to be forward thinking as well. DesLauriers asked the height of the solar panels. Medina City Council Meeting Minutes November 8, 2023 9 Pederson replied that the panels are 16 feet at the peak and 12 feet at the low point. DesLauriers asked if there is any concern for a fire truck. Finke noted that the plans state 15 feet, and if that is 12 feet that might be a concern. Pederson commented that the plans would be accurate. He stated that they will also have four car charging stations under the carport. DesLauriers asked if staff would confirm that the height requirement is met. Finke confirmed that he would verify that height. DesLauriers asked if the lighting underneath the carport would be triggered with sunset/sunrise. Pederson confirmed that the lights would be automatic, turning on at dusk and turning off in daylight. He also provided additional details on the proposed location of the trash enclosure, noting that this allows for a larger space and the ability to compost. He stated that the location also allows easier access for collection. Moved by DesLauriers, seconded by Reid, to direct staff to prepare documents approving the lot split and the amended Meander Park and Boardwalk PUD and Plat subject to the conditions as presented. Motion passed unanimously. Cavanaugh rejoined the Council. VIII. OLD BUSINESS A. Tree Preservation Ordinance Discussion (8:20 p.m.) Johnson stated that the Council reviewed this at two previous meetings providing direction to staff, along with additional information it would like to review. DesLauriers recused himself from this discussion. Finke provided a brief overview of his written report. He noted that the longer warranty is not suggested by the forestry expert he consulted with, therefore the two-year warranty was left in the draft. He referenced the replacement ratio for pioneer and hardwood trees and the consensus of the Council previously for a lower replacement ratio for pioneering trees and higher replacement ratio for hardwoods. He stated that he would not recommend exceeding the one for one replacement for hardwoods but noted that a lower ratio could be provided for pioneering trees. Martin appreciated the additional research and education provided and noted that she seems to agree with this draft. The other members of the Council also agree with the draft as presented. 1. Ordinance 719 Amending Chapter 8 of the City Code Pertaining to Tree Preservation and Replacement Medina City Council Meeting Minutes November 8, 2023 10 Moved by Albers, seconded by Martin, to adopt Ordinance 719 pertaining to Tree Preservation and Replacement as presented. Motion passed unanimously. 2. Resolution 2023-104 to Publish Ordinance by Title and Summary Moved by Albers, seconded by Martin, to adopt Resolution 2023-104 to publish the ordinance by title and summary. Motion passed unanimously. DesLauriers rejoined the Council. IX. CITY ADMINISTRATOR REPORT (8:26 p.m.) Johnson had nothing further to report. X. MAYOR & CITY COUNCIL REPORTS (8:26 p.m.) Martin commented that prior to this meeting the Council held a worksession where it concluded a review of the City Administrator. Anderson clarified that the meeting was conducted in a special meeting rather than a worksession. Martin commented that she and Johnson attended the future fire planning meeting earlier this month and provided a recap and some of the future steps. DesLauriers commented that he attended a quarterly Loretto fire department meeting and provided a recap. He also noted planned retirements. It was suggested that the Council recognize the retirement of Chief Ruchti and a detail of the resolution could thank all that have served Hamel Fire throughout the years. Nelson commented that they could begin to recognize the retiring members of the fire departments, along with those that received special awards during the year at the holiday party to recognize their years of service. XI. APPROVAL TO PAY THE BILLS (8:40 p.m.) Moved by Cavanaugh, seconded by Reid, to approve the bills, order check numbers 054945-055003 for $223,516.70, EFT 007037E-007058E for $79,528.10, and payroll EFT 0513093-0513122 for $64,914.35. Motion passed unanimously. XII. CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 0411823110002 AND PID 0411823140004 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(C) Moved by Martin, seconded by Cavanaugh, to adjourn the meeting to closed session at 8:42 p.m. to consider land acquisition at PID 0411823110002 and PID 0411823140004 pursuant to Minn. Stat. 13D.05, subd. 3(c). Motion passed unanimously. The meeting returned to open session at 9:50 p.m. XIII. ADJOURN Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 9:51 p.m. Motion passed unanimously. Medina City Council Meeting Minutes November 8, 2023 11 __________________________________ Kathleen Martin, Mayor Attest: ____________________________________ Caitlyn Walker, City Clerk