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HomeMy Public PortalAbout11-16-2021_minutesMedina City Council Meeting Minutes November 16, 2021 1 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 16, 2021 The City Council of Medina, Minnesota met in regular session on November 16, 2021 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. Martin read a statement explaining that the meeting is being held in a virtual format due to the ongoing pandemic and provided instructions for public participation. I. ROLL CALL Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. Members absent: None. Also present: City Administrator Scott Johnson, Attorney Ron Batty, 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 (7:03 p.m.) III. ADDITIONS TO THE AGENDA (7:04 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:04 p.m.) A. Approval of the November 3, 2021 Regular City Council Meeting Minutes Moved by Martin, seconded by DesLauriers, to approve the November 3, 2021 regular City Council meeting minutes as presented. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. V. CONSENT AGENDA (7:05 p.m.) A. Adopt Resolution 2021-78 Granting Approval of a Site Plan Review to BAPS Minneapolis LLC at 1400 Hamel Road B. Approve Recording Secretary Service Agreement with TimeSaver Off Site Secretarial Inc. C. Approve Uptown Hamel Corridor Planning Grant Agreement with Hennepin County D. Approve 2022 Meeting Calendar Moved by Reid, seconded by Cavanaugh, to approve the consent agenda. Medina City Council Meeting Minutes November 16, 2021 2 A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. VI. COMMENTS (7:06 p.m.) A. Comments from Citizens on Items not on the Agenda Robert Belzer, 4245 Wild Meadows Drive, referenced a City Council Memorandum from Scherer dated April 15th related to water, sewer and storm water within Wild Meadows and a related report from WSB. He would like the information entered into the record for the meeting and made available on the City website. He stated that the document provides an overview of ponds within Wild Meadows that have drainage issues and related recommendations. He commented that the residents within the HOA are not aware of the document. He stated that there are 15 ponds within Wild Meadows, and they are degraded and need help. He noted that the report includes photographs of the pond from different times to show the degradation. He stated that he also presented this information to the Elm Creek Watershed as the residents need help in getting this resolved. Martin stated that Mr. Belzer’s information will be forwarded to the Council and is a part of the public record. She stated that Belzer can share the information with the residents and HOA. She noted that the recommendations were made to the Wild Meadow’s HOA and therefore the HOA is where the attention should be focused. Johnson stated that staff has reviewed the information and requested an update from the Wild Meadows HOA and Minnesota Land Trust on the status of the engineering plans. He noted that he has not received a response. Belzer commented that there is no housing authority in Medina to deal with issues that arise. He noted that this is a serious problem with the storm pond as the HOA is not sharing the information. He recommended that all financial matters related to the utilities of a pond should be made public related to maintenance. He commented on the difficulty he had in obtaining this information and believed it should be provided to the public as it is a matter of public health. B. Park Commission Scherer reported that the Park Commission will meet the following night to discuss the Marsh Pointe proposal in terms of park dedication and trails. The group will also review the progress towards the 2021 goals. C. Planning Commission Finke reported that the Planning Commission met the previous week to hold public hearings to review a concept plan for a 30-unit townhome development at 342 Hamel Road and the Commission provided comments. The Commission raised concerns with Medina City Council Meeting Minutes November 16, 2021 3 the footprint of the development and urged for connection to the greenspace. The second hearing related to a Conditional Use Permit and Site Plan review for a multi- tenant retail building at the corner of Highway 55 and Pinto Drive which would include a drive-thru Caribou Coffee. The Commission recommended approval but expressed a preference to develop the parcel in conjunction with the adjacent small parcel for better planning. The Commission also reviewed the Marsh Pointe concept plan and was generally in favor of the proposed development and use of the PUD. Some members of the Commission asked if there was a way to increase buffering and reduce density. He noted that the Commission also reviewed the sign ordinance once again and did not change its previous recommendation. VII. NEW BUSINESS A. SH Ventures, Inc. – PID 05-118-23-22-0005 – Lifestyle Auto Condos – PUD Concept Plan (7:23 p.m.) Finke presented a concept plan review for an auto condo project on the subject site approximately 258,000 square feet in size. He reviewed the zoning and guiding of the parcel and adjacent properties. He displayed the concept plan noting the primary access proposed from Highway 55. He displayed an updated rendering for the site. He provided details on the future development area, noting that it is generally not intended for development within the current timeframe of the Comprehensive Plan. He also provided details on the rural residential urban reserve zoning. He stated that technical review items were included in the staff report. He asked if the Council would support non-residential uses within the future development area. Martin stated that perhaps the Council should be polled at this time as that question would determine whether additional review would be necessary. She noted that if the rezoning and use were not supported, the other questions would then perhaps become moot. DesLauriers commented that he likes what he is seeing in terms of the autoplex but is unsure if he would support the rezoning. He noted that he would be willing to listen to more details. Albers stated that this area was purposely set aside for future development for residential when the current Comprehensive Plan was developed. He stated that if there are changes to Corcoran, Medina may need to allocate additional housing units and therefore this area was reserved for residential development. He stated that another question would be what may happen with Highway 55 and its expansion and therefore he is hesitant to change the designation of the property from FDA to PUD. He stated that he would also be willing to continue to listen. Reid stated that FDA is for properties designated for urban services in 20 years or more and in the time being the property is not to be used for large businesses. She did not believe the FDA guiding should be changed. Cavanaugh commented that the property is currently raw land. He noted that if large homes are developed on the property that would also lock the City into a use which he is not sure was the best use of property along Highway 55. He stated that he does like the increase in tax base that the project would provide and the low amount of traffic that would be generated. He stated that he would be open to listening. Medina City Council Meeting Minutes November 16, 2021 4 Martin concurred with the comments made thus far. Finke stated that the applicant proposes a direct access to Highway 55. He noted that preliminary discussions were had with MnDOT indicating that right and left turn lanes would be required. He noted that generally staff recommends against new access onto Highway 55. He stated that the property is afforded access to adjacent roadways. He stated that if the City is going to allow non-residential use within FDA perhaps it would make sense to have that adjacent to a different roadway, such as CR 19. He provided details on the right-of-way that would be requested if this were allowed to move forward. He stated that the City has a rural business holding district, reviewing those regulations, and asking if that would be a good guide to use. He stated that if this moves forward staff would recommend larger setbacks and more buffering to limit the impact on existing residential properties. He stated that a review was completed by the Park Commission which recommended that the City be aggressive with the requirement for trail easements. The Park Commission did not recommend a significant amount of park land. He stated that the Planning Commission held a public hearing and two adjacent neighbors raised concern with the intensity adjacent to residential property and originally proposed second access which has since been removed. He noted that the majority of the Commission did not find the use compatible with FDA, although two Commissioners believed it may be consistent with certain adjustments. Cavanaugh stated that he would want to ensure that any potential changes for Highway 55 have been accounted for. He stated that in terms of the concept, an auto condo would be a low user of City services in return for the increase in tax base. He stated that this is an intense use and would perhaps need to come down in scope. Martin asked if the City could say interim access would be provided at one location now and then if Highway 55 is expanded, the access would need to change. Batty commented that would be a challenge to draft and he could not recall doing something specific like that but did not see a reason that could not be done if there were alternate access available. Reid stated that this does not seem to qualify for a PUD. She stated that there has been no explanation on how this would qualify for a PUD. She did not believe this would be an appropriate use within FDA. She commented that the architect appears to be unaware of the desire for Medina to maintain a rural atmosphere. Albers commented that his property abuts Highway 55 and he is aware of how busy that roadway is. He stated that his concern would be related to access to Highway 55 and believed that should be done from CR 19. He stated that he would not want to see access using Pioneer Trail. He stated that he also has a concern with events that could be hosted at the site in terms of frequency and the traffic that would be anticipated. He stated that he was concerned with a lack of modulation in the design. He agreed with Reid that this does not seem to meet the requirements of Medina in terms of design. DesLauriers commented that it is a great opportunity as the tax base generated is a benefit for a use that generally does not have much intensity. He stated that he is concerned with this use having access onto Highway 55. He suggested that the property access from Chippewa Trail. Medina City Council Meeting Minutes November 16, 2021 5 Martin appreciated the input and agreed with the comments made. She stated that she also has trouble seeing that this development would justify the use of a PUD. She noted that she is also concerned with access from Highway 55. She noted that this was zoned FDA being they are uncertain how Highway 55 improvements will play out. She also expressed concern with noise that would be generated from events and the impact that would have on the existing residential development. Neil Campion, resident, stated that he voiced his objection to the concept at the public hearing held by the Planning Commission. He noted that he voiced objection to the secondary access, which has since been removed. He was also concerned with events, noting that some people could choose to park on Pioneer Trail and walk up his driveway to access the site. He stated that gaining access to Highway 55 from Pioneer is already a challenge and was unsure how another access would not generate additional backups. He stated that the building height seems tall and had concern with light spill onto his property. Bill Stoddard, applicant, stated that he has developed a number of projects throughout the metro mainly apartments, residential, and senior living. He appreciated the input and feedback of the Council. He stated that this is a large 31-acre site, and they are willing to address the recommendations of staff related to landscaping, buffering, setbacks, right-of-way, stormwater treatment, and fire suppression service. He stated that initially they did propose a secondary access but removed that and would dedicate the road to the neighboring properties. He stated that they have met with MnDOT, and they would allow an access to this location, noting that the road would be widened to add a left and right turn lane, which would make that section safer. He noted that this is a property that would not use many City services but would provide a good tax base. He stated that they can have lighting restrictions and limit the number of events on the site. He stated that the property was previously zoned commercial before the change to FDA. He believed that the timing is now or soon for this property and did not believe residential would be the best use of the property along Highway 55 with commercial use across the street. He stated that senior living was previously not believed to fit within residential but has turned out to be a good combination. Albers asked if there would be a limit on the size of berming that could be done along the southeastern edge to provide additional screening for the residential area. Finke believed there is a limitation on the height of the berm and other specifications. He noted that significant berming can be done. Reid asked if the applicant would be willing to redesign to better fit within the rural design of Medina. Stoddard confirmed that they could work on the design to make it fit in better. Martin commented that she is having difficulty understanding how a piece of property designated FDA and RRUR would be allowed for a condo complex of this nature and whether that would make sense. She also struggled to see how this plan would achieve the objectives of the PUD ordinance. She stated that should this move forward she would like a narrative on how this would achieve the PUD objectives. She stated that she would also want input from legal on how the change from FDA to this use is allowed. Medina City Council Meeting Minutes November 16, 2021 6 Reid stated that she objects to this use on this property and does not see how it qualifies for a PUD. Albers stated that he always thinks about what may be developed on this property if this is not allowed. He stated that he would want to think through what is best for the City and what the future could bring. DesLauriers commented that he is looking forward to the additional feedback from the applicant. B. Weston Woods of Medina – Storm Sewer Improvement Tax District – Public Hearing (8:13 p.m.) Johnson stated that at the October 19th meeting final plat approval was provided for Weston Woods and the City’s practice is to require the HOA to maintain the storm sewer improvements which is done through a tax district. Staff recommends the establishment of two districts as proposed. Martin opened the public hearing. No comments. Martin closed the public hearing. 1. Ordinance 678 Establishing the Weston Woods of Medina – North Storm Sewer Improvement Tax District Moved by DesLauriers, seconded by Cavanaugh, to adopt the ordinance establishing the Weston Woods of Medina – North Storm Sewer Improvement Tax District. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. 2. Ordinance 679 Establishing the Weston Woods of Medina – South Storm Sewer Improvement Tax District Moved by DesLauriers, seconded by Cavanaugh, to adopt the ordinance establishing the Weston Woods of Medina – South Storm Sewer Improvement Tax District. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Medina City Council Meeting Minutes November 16, 2021 7 Motion passed unanimously. 3. Resolution 2021-79 Authorizing Publication of Ordinance by Title and Summary Moved by DesLauriers, seconded by Cavanaugh, to adopt the resolution authorizing publication by title and summary. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. C. Planning and Building Assistant Position Recruitment (8:17 p.m.) D. City Clerk/Assistant to City Administrator Position Recruitment Johnson noted that Items 7C, 7D, and 7E are all interrelated. He noted that staff has been updating job descriptions. He stated that the City Clerk position pay grade has been reduced by changing the scope of the position and reallocation of duties. He noted that the goal is to use this staffing structure for the near future. He stated that adjustments may be needed and would then become part of the 2023 budget discussions. He stated that the proposed reduction to the City Clerk position along with the pay step and grade scale adjustments recommended by the DDA study would result in an increase to the 2022 budget of $984. Council Member DesLauriers had requested information prior to the meeting regarding individual increases. Johnson stated the original information given to DesLauriers prior to the meeting was incorrect. He stated that the market adjustment for the department heads as proposed would be $3,750 per year per department based on updated information from Barnhart. Barnhart stated that as per her memorandum, the department head market adjustment would be spread over a period of two years and the other market adjustments would be spread over three years. Martin welcomed comments on the recruitment for the two vacant positions. DesLauriers referenced the Planning and Building Assistant which is a grade three while the City Clerk would be grade five/six. He asked if the larger range provided more flexibility for hiring. Johnson stated that the planning position would be a grade three and reviewed the minimum qualifications which are less than the City Clerk position which has higher qualifications and expectations and therefore a higher grade. DesLauriers asked for input on the City Clerk position. Barnhart stated that the position is currently budgeted around $37 dollars per hour but would vary depending on the skills of the applicant. Medina City Council Meeting Minutes November 16, 2021 8 Martin applauded staff in approaching these positions and thinking it through and for department heads willing to move responsibilities and spread around duties. She appreciated the collaboration of staff. Johnson thanked the department heads for their leadership. He stated that they have stepped up, along with their staff members to fill in for an important part of the City staff that has moved on to a new position. Moved by Martin, seconded by Reid, to approve the job descriptions and authorize staff to begin recruitment for the vacant Planning and Building Assistant and City Clerk/Assistant to City Administrator positions. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. E. Proposed Pay Scale Market Adjustments for 2022 Budget (8:25 p.m.) Johnson noted that the Assistant City Administrator has moved on to a new position with Plymouth which allowed discussion of what could be done differently and to make market adjustments to the pay scale. Cavanaugh asked if the net effect would be about $3,000 per department head per year. Johnson confirmed that the market adjustment would be $3,750 per department head per year. Reid commented that these adjustments are much needed. Martin stated that she also welcomes the adjustments. Moved by Martin, seconded by Albers, to approve and direct staff to implement market adjustments in the 2022 budget. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. VIII. OLD BUSINESS Medina City Council Meeting Minutes November 16, 2021 9 A. Ditter Cooling, Heating, and Electric – Sign Ordinance Regulations – Text Amendment (8:28 p.m.) Johnson stated that the applicant is interested in a dynamic display sign to advertise its business but believes the current regulations would impact the effectiveness. The Council reviewed this at the October 19th meeting but tabled the item after providing preliminary direction to staff. Finke stated that the Council agreed with a number of the changes proposed, which have been incorporated into the draft ordinance. He stated that the discussion prior to tabling the matter surrounded the increase in size for dynamic display. He reviewed the current limitations, proposal from the applicant to increase the sign size and portion of dynamic display, and recommendation of the Planning Commission. He stated that the applicant has since indicated that the dynamic display be allowed at the full size of sign allowed on their property, which would be up to 80 square feet. He stated that the draft ordinance shows the proposed update but limits that increase to properties adjacent to an arterial roadway separated by a railway. Martin commented that she believed the Council supported the recommendation of the Planning Commission to increase the size from 32 square feet to 40 square feet. She stated that there would now be the addition for the properties setback from the railroad and whether that increase should be allowed to 80 square feet. DesLauriers stated that he would like to stay close to the recommendation of the Planning Commission but would consider looking at the MPH chart. He commented that 80 feet seems large for that area. He stated that he would support an increase up to 48 square feet. Albers commented that he would not support more than 48 square feet. Martin commented that this property is segregated from the roadway by the railroad and therefore the Council would seem to allow 48 square feet for those properties, but 40 square feet would remain for all other properties. Cavanaugh stated that since the last meeting he has paid attention to signs on Highway 55. He stated that one sign that caught his interest is the sign at Hy-Vee and asked staff how large that sign might be. Finke replied that he believed that sign is 50 to 60 square feet. Cavanaugh commented that he is not distracted by that sign and believes it is a sharp sign for that development. He noted that the purpose of a sign is to assist a business to be successful and if the business is saying the bigger sign is helpful, he does not see the difference between 48 feet or 60 feet. He stated that he would also advocate for a larger size for other businesses along Highway 55 that do not involve railroad tracks as long as it does not negatively affect adjacent land owners or traffic safety. Reid stated that she could support 48 square feet for the railroad properties and 40 square feet for the other properties. Medina City Council Meeting Minutes November 16, 2021 10 Martin confirmed the consensus of the Council to allow 48 square feet for signs along the railroad corridor and for other properties a size of 40 square feet. Finke reviewed the current regulations for height related to dynamic displays. He noted that the applicant requested to remove that regulation and therefore the dynamic display could be the same allowed height for the other portions of the sign. He stated that the Planning Commission recommended an increase to 15 feet. He stated that the draft ordinance would allow a height of 20 feet for properties in the railroad corridor. He reviewed the message duration requirements and noted that the applicant proposes to change that to 30 seconds, but the Planning Commission recommended to stay at one minute. Martin stated that she believed the Council previously agreed that the height should be increased to 15 feet with the accommodation that height be measured from the grade of the road. Finke confirmed that was the recommendation of the Planning Commission, but the applicant proposes to allow a height of 20 feet for properties in the railroad corridor. DesLauriers stated that he does find that acceptable. He noted that 20 feet still might not allow complete visual of the sign. Chuck Winkler, Ditter, stated that their consultant is available as well to provide input. Martin stated that comments from one constituent be allowed after the comments of the City Council. DesLauriers stated that he would entertain a height of 25 feet. Albers stated that he thought the height would be acceptable. Finke provided clarification that the intent would be to allow the dynamic messaging to go to that height. Reid stated that she supports what has been discussed related to height. Cavanaugh also agreed with the height change. Martin noted the changes that would be necessary to support the height of 25 feet. She confirmed that height would only apply to the railroad adjacent properties and a height of 20 feet would be allowed for other properties. Winkler introduced his consultant. Mike Casbalm, consultant representing the applicant, commented that the applicant would like to incorporate images and text in a readable manner. He stated that a smaller sign size limits the language that can be included at a readable size for moving traffic and eliminates the option of including an image. He stated that when a minimized display is required, the sign can become more distracting for drivers attempting to read the message. He stated that 80 square feet would allow for the Ditter logo at the top and messaging at the bottom. Medina City Council Meeting Minutes November 16, 2021 11 Finke stated that he believes the applicant would advocate that the Council be more open to dynamic displays, essentially allowing the display to encumber the entire sign area for all properties, but their particular interest is in their own property. DesLauriers commented that his position has not changed, and he would not allow an 80-foot sign at that location. Albers agreed and stated that his position has not been swayed. He asked if this is trying to fit a square peg into a round hole in modifying the ordinance that only benefits a few properties. Cavanaugh stated that perhaps they could go to 55 square feet as a compromise. Reid stated that she could support 55 square feet. Martin stated that she would not be inclined to go further than that as Medina has always been conservative in terms of signage. She stated that having a lot of dynamic display signs of significant size would be contrary to the goal of maintaining the City’s rural character. She stated that she would be inclined to stay with 48 square feet but could support 55 if the remainder of the Council supported that change. She asked the Council for input on whether they would support 55 feet for the properties in this railroad corridor. DesLauriers stated that he can support 55 square feet for this area. Albers agreed that he could also support that change. Martin confirmed the consensus of the Council to allow 55 square feet for the properties in this corridor. She asked the Council for input on the message timing request. DesLauriers stated that he would be open to allowing flexibility. Albers stated that he has not been persuaded that the timing should be changed from 60 to 30. Reid stated that she would also stay with 60 seconds. Cavanaugh asked for comment regarding the impact to traffic and safety in reducing from 60 to 30 seconds. Casbalm stated that from an advertising perspective it provides flexibility to the business owner to have more messages cycling through. He stated that traffic is traveling past the sign would only see one message as it would take five to seven seconds to pass the sign. Martin noted that most drivers on 55 drive that corridor everyday and will see the different messaging on different days or trips. She believed 60 seconds is fine for the duration. Medina City Council Meeting Minutes November 16, 2021 12 Casbalm stated that timing was not an issue important to the applicant and the suggestion was just based on his knowledge as a sign consultant and current trends. Martin confirmed the consensus of the Council to keep the duration of 60 seconds. She summarized the other changes agreed upon by the Council. Finke asked if the Council would support increasing the height for other zoning districts adjacent railroad tracks, such as other commercial districts. Martin confirmed that change would apply to all commercial districts. She continued to review the proposed changes agreed upon by the Council. 1. Ordinance 680 Amending Regulations Pertaining to Signs; Amending Chapter 8 of the City Code Moved by Martin, seconded by Albers, to adopt the ordinance amending regulations pertaining to signs as revised pursuant to the Council discussion. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. 2. Resolution 2021-80 Authorizing Publication of Ordinance by Title and Summary Moved by Martin, seconded by Albers, to adopt the resolution authorizing publication by title and summary. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT (9:19 p.m.) Johnson informed Council that Belzer made the comment about a memorandum Scherer put together for a Council packet, noting that is a public document. He stated that the WSB report is also a public document and includes documents from other public agencies. He noted that typically these documents are not placed on the website. Martin and the City Council agreed with the policy not to place these documents on the City of Medina’s Website. Medina City Council Meeting Minutes November 16, 2021 13 X. MAYOR & CITY COUNCIL REPORTS (9:20 p.m.) Reid stated that she continues to work on the logo approval. Cavanaugh noted that he attended the mayors meeting and reported that it was a fun a lively discussion. Martin encouraged the Council to rotate attendance for that event. XI. APPROVAL TO PAY THE BILLS (9:22 p.m.) Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006148E-006161E for $51,327.18, order check numbers 052241-052300 for $315,034.80, and payroll EFT 0511426-0511459 for $54,477.53 and payroll manual check 020451 for $7,834.82. A roll call vote was performed: Martin aye Reid aye Cavanaugh aye Albers aye DesLauriers aye Motion passed unanimously. XII. ADJOURN Moved by Cavanaugh, seconded by Martin, to adjourn the meeting at 9:23 p.m. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. __________________________________ Kathy Martin, Mayor Attest: ____________________________________ Scott Johnson, City Administrator