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HomeMy Public PortalAbout03.01.2022 City Council Meeting MinutesMedina City Council Meeting Minutes March 1, 2022 1 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 1, 2022 The City Council of Medina, Minnesota met in regular session on March 1, 2022 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, City Attorney Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, Planning Intern Colette Baumgardner, Public Works Director Steve Scherer, and Chief of Police Jason Nelson. II. PLEDGE OF ALLEGIANCE (7:03 p.m.) III. ADDITIONS TO THE AGENDA (7:03 p.m.) Johnson requested to remove item 5K from the Consent Agenda. He noted that Hennepin County may have additional funds that could be used for the project, therefore staff would like to explore that option. Martin asked if a motion would be needed at this time to amend the agenda. Anderson noted that the person making the motion to adopt the Consent Agenda could make that change at that time. IV. APPROVAL OF MINUTES (7:04 p.m.) A. Approval of the February 15, 2022 Regular City Council Meeting Minutes Albers noted on page five, line 18, it should state, “Albers stated that at this time, he is noncommittal...” Moved by Martin, seconded by Reid, to approve the February 15, 2022 regular City Council meeting minutes as amended. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. Medina City Council Meeting Minutes March 1, 2022 2 V. CONSENT AGENDA (7:06 p.m.) A. Authorize Interfund Loan for Advance of Certain Road Construction Costs for Arrowhead Drive B. Adopt Ordinance No. 683 Establishing a Planned Unit Development District for Marsh Pointe Preserve C. Adopt Resolution 2022-14 Authorizing Publication of Marsh Pointe Preserve Ordinance by Title and Summary D. Adopt Resolution 2022-15 Granting Preliminary Plat and PUD General Plan Approval for Marsh Pointe Preserve E. Approve Marsh Pointe Preserve Wetland Replacement Plan F. Approve Temporary Liquor License to Wildlife Rehabilitation Center of Minnesota G. Adopt Ordinance No. 684 Rooftop Elements Amendment H. Authorize Resolution 2022-16 Authorizing Publication of Rooftop Elements Ordinance by Title and Summary I. Approve Weed Control Services Agreement with Jenco Property Maintenance J. Adopt Resolution 2022-17 Appointing Will Gunter to Park Commission K. Approve Uptown Hamel Economic Development RFP Johnson requested to remove Item A as a needed change was noticed by staff. Moved by Martin, seconded by Albers, to approve the consent agenda as amended. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. A. Adopt Resolution 2022-13 Authorizing Interfund Loan for Advance of Certain Road Construction Costs for Arrowhead Drive Johnson noted a change suggested by staff. Martin noted that the revised resolution was circulated to the Council in redline form. Moved by Albers, seconded by Cavanaugh, to authorize interfund loan for advance of certain road construction costs for Arrowhead Drive. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Medina City Council Meeting Minutes March 1, 2022 3 Motion passed unanimously. VI. COMMENTS (7:09 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer stated that the Park Commission met on February 16th and discussed the Lakeshore Park survey results. He noted that no conclusions were reached, and the group will revisit that topic. He stated that the Commission also discussed park acquisition for 2120 Chippewa Road, reviewed the Hunter Lions Park reconstruction progress, and vacant position on the Commission. DesLauriers asked for an update on Hunter Lions Park progress planned for this year. Scherer highlighted the items that are slated for this spring. He stated that they would like to begin on the courts as soon as possible. He noted that they would then stop and complete a review to determine what could be done in conjunction with Lakeshore Park. C. Planning Commission Finke reported that the Planning Commission will meet the following week to hold public hearings to consider an amendment to the Planned Unit Development and Plat for Weston Woods which would result in a reduction to the number of lots, and an amended Conditional Use Permit for the drive thru at McDonalds located at 822 Highway 55 to add a second lane. VII. PRESENTATIONS A. Hennepin County Commissioner Kevin Anderson (7:15 p.m.) Martin noted that Commissioner Anderson was unable to visit tonight and will instead attend the March 15th meeting. B. Fire Department Annual Report (7:16 p.m.) Chief Ruchti, Hamel Fire Department, presented the 2021 review for the department. He stated that the department was busy with a total of 235 calls, 228 of which were in Medina for a total of 2,177 hours. He stated that they also responded to seven calls for mutual aid. He commented on the increased trend for medical calls and reviewed the average response time. He also highlighted hours spent on training, support activities, business administration, and other activities. He stated that they pinned two firefighters in 2021 and recruited three additional firefighters that are completing their training. He highlighted 12 policies that were added along with adjustments to COVID protocols. Martin referenced the response summary. She asked for and received clarification on the different items included in that report. DesLauriers asked the length of time for training for new recruits. Ruchti stated that they allow up to one year for the training. Medina City Council Meeting Minutes March 1, 2022 4 Albers stated that there have been a lot of discussions with Loretto recently and asked for an update on the potential merger. Ruchti replied that the merger has a lot of moving parts and provided a brief update. Albers asked if Ruchti is confident that this could be achieved by the end of the year. Ruchti replied that there is not a target as any little piece can change the timeline. He was unsure if it would be completed by the end of the year. Albers asked if the members are supportive of the potential merger. Ruchti stated that he cannot go into detail but noted that both departments are on board. He again emphasized that there are a lot of moving parts to fit together as these are two independent departments. He stated that they want to be able to fit the parts together correctly and be able to move forward. Cavanaugh thanked Ruchti for everything he and his department do for Medina. Martin recognized the work and hours the department provides to Medina. Chief Van Eyll, Long Lake Fire, stated that last year was a banner year for recruitment with 11 new firefighters added in 2021 for a total of 45 members. He noted that 32 of those members have less than ten years of experience, which makes their department fairly young. He stated that they responded to 23 calls in Medina, with half of those being medical calls. He also highlighted the upcoming events including the pancake breakfast scheduled for May 1st, the memorial 5K on July 30th, fire prevention open house on October 3rd, and toy drive on December 3rd. Martin commented that they are all fun events. She asked that Johnson circulate those dates to the Council to include on its calendar. She encouraged the other departments to provide dates for their community events as well. Cavanaugh thanked Van Eyll for the service his department provides. DesLauriers thanked Van Eyll and noted that he will attend the pancake breakfast. Martin expressed appreciation for the work of the Long Lake Fire Department in the community and surrounding cities. Chief Leuer, Loretto Fire, provided a summary of the year end report. He stated that there was a total of 299 calls during 2021, 50 of which were in Medina. He reviewed the types of calls they responded to and the makeup of the department membership. He echoed the comment of the other departments that calls for service were increased in 2021. He reviewed the hours spent on other activities such as maintenance and training. He reviewed the response times for calls. He noted that the department responded to 47 mutual aid calls. He stated that the department received over $100,000 in donations, $45,000 to $50,000 gained through gambling proceeds, along with grant funds that helped to fund needed equipment purchases. He also highlighted community events the department participated in during the year. He stated that the department has a combined 445 years of experience. He provided details on an emergency call the Medina City Council Meeting Minutes March 1, 2022 5 department responded to at the home of a firefighter whose life was lost in that incident. He noted that they are partnering with a company that specializes in mental health to work with the members of the department. He thanked the other three departments that provided assistance during that hard time. He noted that they will be holding a pancake breakfast on April 24th. Martin expressed condolences for the loss the department experienced. DesLauriers asked for an update on the merger from the Loretto point of view. Leuer stated that the process is going well, although there have been a few challenges, but believes they can get over those hurdles. He stated that the departments have been training together. He stated that once the issues between the relief associations are resolved, they will move to operations. He noted that they recently met with fire districts that exist in Northern Minnesota and left that meeting believing that this merger will be doable. DesLauriers appreciated the update. Cavanaugh thanked Leuer for the service his department provides and expressed condolences. Martin also expressed appreciation for the service the department provides and for the collaboration between Loretto and Hamel in their forward thinking for fire delivery services. Johnson noted that Chief McCoy from Maple Plain sent communication to Chief Nelson that he will not be able to attend tonight. He noted that staff did not receive a written report from the Maple Plain Fire Department yet. Martin stated that if McCoy was able to join a later meeting, that would be appreciated, or if a written report could be provided that would be helpful as well. She thanked all the Fire Chiefs that attended tonight. VIII. OLD BUSINESS A. Medina Ventures – Medina Park and Boardwalk – PUD Concept Plan – 1472 Highway 55 (7:46 p.m.) Finke stated that this concept has been reviewed previously by the City Council and Planning Commission. He stated that the primary reason for additional discussion is related to transportation. He noted that the primary discussion is related to the Tamarack Drive study, which was included in the staff report. He provided background on the Tamarack Drive study the City completed and the components that were included. He reviewed the concepts involving the subject site and noted that earlier during the study stage the Council expressed a preference for concept A. He noted that the property owner to the east had concerns related to the impacts concept B would have on their property. He stated that if the City is interested in the dedication of right- of-way for the subject site that would have impacts on the layout of the site. He provided background on the discussion that occurred related to the preference for concept A. He stated that if the City is interested in connectivity throughout the sites, the sure way to do that would be through dedication of right-of-way for a public street rather than relying on Medina City Council Meeting Minutes March 1, 2022 6 a series of private drives with cross access agreements between property owners. He stated that this site is the furthest from Tamarack Drive and is comparatively small, therefore it could be difficult to project where the best location would be, noting that would become a dead-end street until development of adjacent parcels occurs. He stated that there is a parcel under separate ownership between this parcel and the adjacent parcel which is under separate ownership and could cause issues with connectivity. Martin received confirmation that Cavanaugh is recusing himself from this discussion. Finke stated that the concept plan submitted by the applicant includes an access road on the far east side of the project which would provide a fair amount of flexibility to provide connectivity to the east. He stated staff believes either concept in the Tamarack Drive study could provide connectivity, as could other options. Albers recognized that previous a Council favored concept A in the Tamarack Drive study, noting that recommendation was made without having any insight on the potential development of these parcels. He did not believe that preference would handcuff the Council as to what could be done. He stated that both concepts would provide challenges to owners of both properties, noting that perhaps the road to Meander could run along the strip of property between the two properties as that strip would be useless if nothing else happens there. He asked if there is a willingness to sell from that landowner. Finke stated that he has no indication that the property owner of the strip is actively not wanting to participate in anything but stated that in terms of using that property as an intersection location to Meander there would be challenges. He noted the lack of distance to another intersection north of Meander Road, and vertically the land does not have good sight distances to the east. DesLauriers stated that when the concepts were originally reviewed the preference was given to traffic flow. He noted that both concepts provide for a flow of traffic. He did not believe the Council considered this type of proposal for this property using the wetlands and boardwalk. He asked if there would be a possibility to move forward without access through either property. Finke stated that the only proposal in front of the City is this concept plan. He stated that decision would be available to the City at some time in the future when the Cavanaugh property to the east comes forward for potential development. He noted that is a 30- acre parcel which could subdivide and would provide the opportunity to require right-of- way dedication. He stated that if the City does not start establishing a street network at this time, a similar argument could be made that street dedication could impact their layout as well. He stated that the City did plan for the roundabout on Tamarack as the primary access to the commercial areas, with the thought that they would like to encourage as many left turns as possible through the roundabout rather than going to Meander to make a left. Martin commented that she read through the previous minutes and did not feel bound by a conclusion of a prior Council that had a preference of concept A for the purposes of planning. She noted that many of those comments acknowledged that future development is unknown, and the decision may change in the future. She commented Medina City Council Meeting Minutes March 1, 2022 7 that the Meander Boardwalk proposal is a unique upscale gateway to the northern part of Medina and it could be that larger big box development occurs on the property to the east. She noted that it would then not make sense to have a passthrough between the properties because they are very different uses. She stated that if the property to the east were to develop in a compatible nature, with more high-end retail and restaurants, then there could be benefit to both property owners to have connection between the parcels. She stated that the property owners could then make that decision at a later point in time. She did not think it would be fair to saddle the first developer to plan connection for a future development that could be incompatible in use. She suggested letting the Boardwalk proposal move through with accommodation for connection between the parcels, if that is in the best interest of both parties in the future and those details could be worked out between the two property owners. Matt Pacyna, representing the Cavanaughs, appreciated the previous Tamarack Drive study that was completed as that is a useful planning tool. He stated that those studies tend to fall short in contemplating other options. He stated that the goal would be to provide flexibility for the Cavanaugh site to the east. He stated that placing a condition upon connecting between the sites would have impacts to the marketability of the site. He commented that it would make sense to think about the transportation network when a proposal comes forward in the future. He believed there were other opportunities to tie into Meander and make that successful. He stated that for the Boardwalk project, the previous studies did not anticipate the details of the use. He asked if the roadway connection is a need or more of a desirable want. He stated that concept B would not be supported by the Cavanaughs. He stated that concept A would have some options that could work but would need to be vetted out. He stated that if there is a daycare on the Boardwalk site, connectivity and added vehicle traffic may not be beneficial. DesLauriers commented that he did not hear a solution or suggestion. Pacyna commented that a solution would need to work for both properties. He stated that from a planning standpoint, the Boardwalk site having one access from Meander would not burden the transportation network. He stated that if and when the Cavanaugh site comes through for development it would make sense to have connection to the roundabout and perhaps to have an access to Meander. He noted that engineering would come in at that point to review the best options. He stated that realistically perhaps a private drive to Meander on the Cavanaugh site may make sense, perhaps midpoint between Tamarack and Cavanaugh Drive, noting that would be dependent upon the type of development proposed at that time. DesLauriers stated that there is a site with proposals for the Boardwalk site and therefore it is hard to plan for if and when the Cavanaugh site may develop. Pacyna agreed that there is not guarantee that site would develop. Albers stated that it sounds like if the Council is too prescriptive of where to put the road now without knowing how the Cavanaugh property could develop, it would seem to be picking a winner. He liked the idea of moving forward with the property to the west and not plan for a road at this time. Joe Cavanaugh stated that this concept for the Boardwalk is a great proposal that would be a great addition to Medina. He stated that his family is okay with the concepts, but Medina City Council Meeting Minutes March 1, 2022 8 concept B cuts out a big portion of their land on the northwest corner as there is a sewer line and other challenges that exist as well. He stated that they want to be good neighbors and find a solution for everyone, but that portion of concept B does not work for them. Martin stated that perhaps another concept will emerge if and when the Cavanaugh property comes forward for development. Cavanaugh commented that he would prefer for each of the sites to develop independently and if it makes sense to provide connection in the future, they could work that out between the property owners. Martin stated that the City attempted to plan prior to development proposals in order to secure what would be needed to achieve the transportation goals. Chris Peterson stated that given the concept with the boardwalk and their desire to create a boutique development with a natural development that leans into the wetland, concept A would destroy the boardwalk and remove 1.5 acres of their lot. He stated that if concept A were chosen, their development would not move forward. He stated that he does like the idea of letting the developments occur independently without forcing a connection point. He stated that his biggest concern was with the uncertainty of what will be developed on the Cavanaugh property and the traffic that could come through a wedding venue site and daycare. He stated that they desire the access from Arrowhead, which does not have a lot of traffic. He stated that if the property to the east has compatible development in the future, the property owners could work together to provide connectivity as that would benefit them both but recognized there is an unknown with the strip of land between them. He stated that he would prefer to move forward independently and determine if it would make sense to provide connection in the future. He stated that he is about to put six to seven figures into his development and would like to move forward as he has proposed without contemplating what if scenarios. He stated that when the Petersons purchased this property, they gave up access to Highway 55 and provided an easement for Meander. He stated that they are trying to develop something special for the community and would like to focus on the development rather than a connection they do not desire. He stated that they are also not interested in paying costs towards Tamarack Drive as they do not believe that provides benefit to their development. Reid stated that there are not yet proposals for these different areas within concepts A and B and asked where those development presumptions came from within the study. Finke explained that WSB provided some potential layouts for high level planning purposes. He confirmed that the uses were theoretical in order to project traffic volumes. Reid stated that she would prefer to see the Peterson concept laid out and the City can work out details after that. She believed that this concept development should be a priority as it would provide benefit to Medina. Peterson thanked the Council for its input. Medina City Council Meeting Minutes March 1, 2022 9 DesLauriers echoed the comments of Albers. He stated that having this additional conversation between both property owners and the Council seemed to provide direction going forward to let the sites work independently. Martin confirmed that was her thought as well. She commented that there is bargaining that can be done between the property owners to provide benefit to their developments without the City forcing one development to rearrange its layout to benefit another. She confirmed the consensus of the Council to allow these sites to develop independently, which means that the Council would not require public right-of-way dedication through the Peterson property but would encourage them to plan for points of connection to the Cavanaugh property should that opportunity arise and make sense. Peterson stated that he will plan to move forward as discussed tonight and would not want to see curveballs after investing money into the development of plans. Martin commented that the Council is urging Peterson to move forward, with thought of potential connection that could be made to the Cavanaugh property, should that make sense in the future. DesLauriers mentioned the gazebo near the wetlands noting that the Council has not seen any details on that element and therefore it would be important to see those details as soon as possible. Peterson commented that feature is an unknown and could end up as a tree in the end. Martin briefly recessed the meeting at 8:42 p.m. Martin reconvened the meeting at 8:47 p.m. B. Jeffrey and Chris Cates – Environmental Assessment Worksheet (EAW) – Proposed Commercial/Industrial Development – PIDs 04-118-23-11-0002, 04-118-23-14-0004 (8:47 p.m.) Johnson stated that staff does not believe the project meets the criteria to require an EIS. He noted that this action would not limit consideration of the land use and zoning requests that may come before the City in the future. Finke stated that the draft findings and record of the decision were included in the staff report along with a draft resolution for the Council to consider. He stated that the comments received, and related responses were also included. He stated that staff does not believe the criteria to require an EIS have been met. He noted that there would be additional review for any land use application and a negative declaration of an EIS does not have an impact on any future decision-making ability. Martin commented that staff did an excellent job preparing the findings of fact. Reid asked and received confirmation that approval of this action would not equate in approval of a future project. Moved by DesLauriers, seconded by Martin, to approve the Cates Industrial Park EAW Findings of Fact and Record of Decision. Medina City Council Meeting Minutes March 1, 2022 10 A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. Moved by DesLauriers, seconded by Martin, to adopt the Resolution 2022-18 Approving the Response to Comments, Findings of Fact, and Record of Decision for the Cates Industrial Park EAW and Making a Negative Declaration Upon the Need for an Environmental Impact Statement. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. IX. NEW BUSINESS A. Deng – Variance from Setback to ISTS to Wetland – 2472 Parkview Drive (PID 1611823330002) – Public Hearing (8:52 p.m.) Johnson stated that the Deng family is requesting a variance from the setback of the ISTS to wetland at 2472 Parkview Drive. Finke stated that the variance pertains to the wetland setback within the City’s ISTS septic ordinance. He noted that this is an additional standard within the City’s ordinance that goes above the State’s septic regulations. He stated that there is an existing home and septic system on the property, both of which are approximately 30 feet from the wetland. He stated that the applicant is planning to expand the system to accommodate an additional bedroom and the tanks will be updated during this process. He noted that the new tanks will be further from the wetland but because the mound will be expanded, it will be three feet closer to the wetland. He stated that the criteria for this type of variance is different than zoning variance criteria and reviewed how the property owner believes they have met the criteria. He noted that the building official recommends approval. Martin opened the public hearing. No comments. Martin closed the public hearing. Medina City Council Meeting Minutes March 1, 2022 11 Moved by DesLauriers, seconded by Cavanaugh, to direct staff to draft a resolution approving the variance subject to the conditions noted in the staff report. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. B. Abraham Accessory Dwelling Unit CUP (8:58 p.m.) Johnson stated that the Abraham family is requesting to build an accessory dwelling unit on their property. Baumgardner stated that the applicant proposes to build a two-bedroom accessory dwelling unit along with the single-family home they will be constructing on the subject property. She reviewed the property zoning. She provided details on the proposed design, noting that the request meets all setback and size requirements for an accessory dwelling unit. She noted that the primary dwelling and accessory dwelling will be constructed from the same materials as they will be constructed together. She stated that staff believes the general conditions are met through this proposal and provided an overview. She reported that the Planning Commission held a public hearing at its February meeting and unanimously recommended approval. Cavanaugh commented that this seems to be a straightforward CUP and asked if this is something that could qualify for administrative approval in the future. Martin commented that the concept of accessory dwelling units is relatively new to Medina and therefore the desire of the Council was to review these proposals for compliance with the CUP as they come forward. She commented that the Council could discuss the concept of administrative review in the future if desired. Moved by DesLauriers, seconded by Cavanaugh, to direct staff to draft a resolution approving the Conditional Use Permit based upon the findings and subject to the conditions described in the staff report. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. Medina City Council Meeting Minutes March 1, 2022 12 X. CITY ADMINISTRATOR REPORT (9:07 p.m.) Johnson stated that on March 15th staff will bring forward the virtual meeting discussion to the Council and the recommendation of staff will be to return to in person meetings on April 19th. Martin asked if there is a continuation of the Board of Equalization meeting would that have to be done virtually as well. Johnson confirmed that a continuation of that meeting would be done virtually. He noted that should that happen, the continued Board of Equalization meeting would be held virtually, and the regular Council meeting would be done in person. DesLauriers commented that if there were a continuation, he would prefer to hold the regular meeting virtually as well. Martin agreed. Johnson commented that there has been a tendency for the Board of Equalization meeting to carry over to a second meeting and therefore it may make more sense to return to in person meetings for the first meeting in May. Cavanaugh commented that he would agree with the recommendation of staff. Albers commented that he believes both meetings should be held virtually. Martin confirmed the consensus of the City Council is to plan to return to in person meetings on May 3rd. XI. MAYOR & CITY COUNCIL REPORTS (9:11 p.m.) Martin provided an update on the recent fire district planning meetings that she has attended, noting that it was interesting to hear the different perspectives regarding different equipment such as ladder trucks. She noted that Wayzata has joined the discussions. She stated that Johnson is a part of the subcommittee working on a draft JPA. Johnson stated that the subcommittee met earlier today to begin discussions on a draft JPA. He stated that the group will meet again in late March in hopes of presenting information to the larger fire district group at its April meeting. XII. APPROVAL TO PAY THE BILLS (9:15 p.m.) Moved by Cavanaugh, seconded by Albers, to approve the bills, EFT 006258E-006284E for $86,501.64, order check numbers 052621-052684 for $144,723.98, and payroll EFT 0511649-0511679 for $56,260.95. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Medina City Council Meeting Minutes March 1, 2022 13 Motion passed unanimously. XIII. ADJOURN Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 9:21 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