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HomeMy Public PortalAbout04.19.2022 City Council Meeting MinutesMedina City Council Meeting Minutes April 19, 202 2 1 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 19, 2022 The City Council of Medina, Minnesota met in regular session on April 19, 2022 at 7:00 p.m. in the City Hall Chambers. Acting Mayor Albers presided. Albers explained 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 Dave Anderson, Finance Director Erin Barnhart, City Engineer Tom Hoffman, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police Jason Nelson. II. PLEDGE OF ALLEGIANCE (7:05 p.m.) III. ADDITIONS TO THE AGENDA (7:0 5 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:06 p.m.) A. Approval of the April 5, 202 2 Regular City Council Meeting Minutes Albers stated that prior to the meeting Johnson distributed proposed changes from Martin for incorporation. Johnson stated that he also received proposed changes from Cavanaugh related to page 10 that were also distributed prior to the meeting. Moved by Albers, seconded by Martin, to approve the April 5, 2022 regular City Council meeting minutes as amended. A roll call vote was performed: Martin aye Reid aye Cavanaugh aye DesLauriers aye Albers aye Motion passed unanimously. Medina City Council Meeting Minutes April 19, 202 2 2 B. Approval of the April 6, 202 2 Local Board of Appeal and Equalization Meeting Minutes Albers noted that prior to the meeting Johnson distributed proposed changes as submitted by Martin for incorporation. Moved by Albers, seconded by Reid, to approve the April 6, 2022 Local Board of Appeal and Equalization meeting minutes as amended. A roll call vote was performed: DesLauriers aye Cavanaugh aye Reid aye Martin aye Albers aye Motion passed unanimously. C. Approval of the April 13, 2022 Local Board of Appeal and Equalization Meeting Minutes Albers stated that prior to the meeting Johnson distributed proposed changes as submitted by Martin for incorporation. Moved by Albers, seconded by Cavanaugh, to approve the April 13, 2022 Local Board of Appeal and Equalization meeting minutes as amended. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. V. CONSENT AGENDA (7:10 p.m.) A. Approve Hackamore Road Reimbursement Agreement B. Approve Curb and Concrete Installation Services Agreement C. Approve Street Striping Services Agreement D. Approve D’Fence Amended Agreement E. Approve Mill and Paving Services Agreement F. Approve Seal Coating Services Agreement G. Adopt Resolution 2022-26 Approving MnDOT Master Partnership Agreement H. Adopt Resolution 2022-27 Updating 2022 City Appointments I. Adopt Resolution 2022-28 Granting Amended Final Plat Approval for Weston Woods J. Adopt Ordinance 686 Establishing a PUD for Weston Woods and Amending the Official Zoning Map Medina City Council Meeting Minutes April 19, 202 2 3 K. Approve Weston Woods Planned Unit Development Agreement L. Adopt Resolution 2022-29 Granting Amended CUP Approval for Expansion of McDonald’s Drive-Thru Lane M. Approve 3692 Pinto Drive Development Agreement N. Adopt Resolution 2022-30 Accepting Donation from the Hamel Lions Club Albers thanked the Hamel Lions for their very generous donation of $124,840 for the new digital video scoreboard for Paul Fortin Field. Martin echoed the comments of appreciation to the Hamel Lions. Moved by Reid, seconded by DesLauriers, to approve the consent agenda. A roll call vote was performed: DesLauriers aye Cavanaugh aye Reid aye Martin aye Albers aye Motion passed unanimously. VI. COMMENTS (7:14 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Park Commission will meet the following night to discuss the Hamel Townhome LLC Preliminary Plat and Site Plan pertaining to park dedication. He stated that the group will also continue discussions related to the upgrade/redesign of Lakeshore Park. C. Planning Commission Planning Commissioner Sedabres reported that the Planning Commission met the previous week to hold multiple public hearings including the proposal from Hamel Townhomes at 342 Hamel Road. He stated that there was a good debate on the architectural style and density and ultimately recommended denial of the request. The Commission also considered a variance to setback for a barn and unanimously recommended approval. He stated that the Commission also had discussion related to electric vehicle charging stations and there was a mix of support as well as concern on development costs. He stated that the Commission also considered amendment to City Code related to signage within parks and recommended approval. He noted that the Commission also discussed a potential land sale, and the Commission directed the Chair to express support for the sale as it is consistent with the Comprehensive Plan. Reid appreciated the time spent on these topics and thorough discussion of the Commission. Albers also recognized the work of the Commission and expressed appreciation. Medina City Council Meeting Minutes April 19, 202 2 4 VII. PRESENTATIONS A. 2021 Audit Presentation - Abdo (7:20 p.m.) (Mayor Martin had to leave the meeting) Johnson introduced Justin Nilson from Abdo to provide a presentation on the audit. Nilson thanked staff for their work and preparation for the audit. He reported a clean unmodified opinion for 2021 with no instances of noncompliance. He stated that there was one finding, which is not unique to Medina, related to the preparation of financial statements. He stated that this is a common finding in smaller cities. He provided information on the general fund, special revenue funds, capital project fund, debt service, water fund, sewer fund, and storm water fund. He also provided information on tax per capita, debt per capita and expenditures per capita, also comparing the City to other municipalities. Albers thanked Nilson for the presentation and commended Barnhart for an excellent job in managing the City’s finances. DesLauriers asked for clarification on the capital project fund balances mentioned and whether the balances are interchangeable. Nilson replied that there are restricted, separated and assigned funds and provided more details. He noted that a majority of the funds are interchangeable. DesLauriers also expressed thanks for the work Barnhart and Nilson have done in preparing the audit this year. Cavanaugh referenced the financial statements and noted that there are unrestricted investment earnings showing as a loss. He recognized that is due to changes in market values and asked if that is consistent with other cities in 2021. Nilson replied that in the current environment he would expect to see that consistently for cities that are managing their money and have money to invest. Reid commented that it appears the City is well run and provided Barnhart with a lot of credit for the work she does. Moved by DesLauriers, seconded b y Reid, to accept the 2021 Audit from Abdo. A roll call vote was performed: DesLauriers aye Cavanaugh aye Reid aye Martin absent Albers aye Motion passed unanimously. VIII. NEW BUSINESS Medina City Council Meeting Minutes April 19, 202 2 5 A. Stormwater Pollution Prevent Plan – Public Hearing (7:35 p.m.) Johnson noted that the City is required to conduct an annual public hearing for its Storm Water Pollution Prevention Plan (SWPPP). Scherer stated that this public hearing is a requirement of the SWPPP. He reviewed the 2021 storm water activity accomplishments and projects for 2022 and beyond. He reviewed the minimum control measures including public education and outreach, public participation, illicit discharge detection and elimination, construction site storm water runoff control, post construction storm water management, and pollution prevention and housekeeping. He also identified partners in water quality improvements. Albers referenced pond maintenance and asked which ponds that refers to, whether that includes all ponds or just City ponds. Scherer replied that was in reference to ponds within the stormwater system. He noted that those include City owned ponds as well as pond owned by HOAs. DesLauriers asked for more information on smart salt. Scherer provided details on the smart salt certification program that educates the public works crew on proper salt application. DesLauriers commented that the team did a great job cleaning up and replanting in Harriet’s Woods. He also noted the upcoming City-wide cleanup day. Cavanaugh thanked Scherer and his staff for the excellent job. Reid appreciated the efforts on salt reduction as that salt eventually ends up in a body of water and once it is in the water it cannot be removed. Albers also thanked Scherer and his team. Albers opened the public hearing. No comments. Albers closed the public hearing. B. Long Lake Water Association Project (7:57 p.m.) Johnson stated that Medina has contributed towards carp removal projects in Long Lake and also partnered with the Long Lake Waters Association and other cities for a study. He stated that the group has received grant funding in the past and would like to continue to partner with projects. He stated that funding is being requested from Medina to complete additional carp removal. Finke stated that Medina has been a part of the partnership related to the Long Lake Creek Subwatershed which includes Medina, Long Lake, Orono, Minnehaha Creek Watershed, and Long Lake Waters Association (LLWA). He stated that this partnership was able to obtain two grants to complete a subwatershed assessment and the Wolsfeld Ravine project. He recognized the active participation of the LLWA in terms of advocacy and funding. He noted that LLWA completed carp removal in 2021 and is proposing Medina City Council Meeting Minutes April 19, 202 2 6 another carp removal project this spring and summer. He provided a total estimated project cost of $24,000. He noted that LLWA has set aside $12,000 of that cost and the City of Long Lake authorized $5,000 towards the project. He noted that Orono has chosen not to participate in funding for the removal. He stated that staff supports partnering on 1/6 of the cost for the project. Cassy Ordway, LLWA, stated that LLWA is an all-volunteer nonprofit organization focused on education, incorporating resources, and doing the most they can to improve water quality within the watershed. She appreciated the support of Medina on these projects and opportunities for water quality improvement. She stated that the partnership of Medina and its funding helped to obtain additional funding from BWSR and to initiate and fund smaller in lake projects. She provided details on the carp removal LLWA completed in 2021 in Long Lake. She stated that project removed carp but also identified the movement of the carp. She stated that the goal is to use that data and remove additional carp to have the lake at a better level to restore a healthy ecosystem. She stated that this project would be completed by Carp Solutions in two phases and reviewed those details. She commented that LLWA would like to continue the partnership with Medina and would welcome its funds and support for the project. DesLauriers stated that he supports the initiative and asked for insight on why Orono decided not to participate. Ordway replied that although Long Lake is in their territory, it seemed the decision of Orono was that in lake projects fall to the Watershed District and the City obligation falls on stormwater management, land use and things outside of the water. She stated that Orono does support the project, but the decision was related to the funding strategy of the City. She stated that LLWA appreciates the support of Medina and Long Lake as well as businesses within Medina, Long Lake and Orono that appreciate the quality of natural resources and also provide support. Cavanaugh asked for clarification on the movement of the carp and the impact these carp may have on Wolsfeld. Ordway provided additional details on the 2021 project that was completed to remove carp and the movement of the carp that was identified through that project. She noted that as carp move up the creek for spawning, they cannot go past the pond because of the weir and provided additional details on that barrier. Cavanaugh commented that it is a great effort and initiative. He stated that the only hesitation he would have would be similar to Orono in that this seems to be a watershed issue. He noted that the primary benefit is outside of Medina, in a lake completely outside of Medina. He asked if it is appropriate for the City to use funds on a project outside of Medina as the carp are not coming into Wolsfeld. Ordway stated that this project will also provide data on the size of the carp and the related improvement of water quality. She noted that additional educational benefit will be gained as well as improved water quality. Finke recognized that when Medina started looking into carp management, the analysis started more systemically in tracking migration patterns. He stated that the partnership Medina City Council Meeting Minutes April 19, 202 2 7 was able to determine that the migration to Medina waters is not happening and that data still provides benefit to Medina and the other entities involved in the partnership. Reid asked if the money from Medina is needed to move forward on this project. Ordway replied that LLWA is in a financial position to complete both phase one and two of the project. She stated that if Medina were to partner, LLWA could look at additional project opportunities in the northern part of the watershed. Reid stated that she is hesitant as she does not see direct benefit to Medina. She noted that a report was already provided from Carp Solutions to LICA. Johnson stated that the focus on the partnership and noted that in working together the partners can focus on other projects in the watershed. He stated that while the focus of this presentation was on Long Lake, there would be projects in other areas of the watershed that would provide benefit to Medina. Albers stated that the Council will assume that Martin has dropped off the call for the remainder of the meeting. He noted that the weir is not a 100 percent barrier to prevent migration. He stated that in high waters, the carp could bypass the weir and get into the waters to the north. He stated that carp are late spawners compared to other fish breeds and typically occurs after snow melt when the waters are warming, perhaps along the timing of large spring rain events which could cause higher than normal water levels. He stated that removing the biomass out of Long Lake would provide benefit as it would reduce the number of fish that travel north to spawn. He believed that the amount of funding requested is acceptable as it will reduce the breeding population as the weir is not an absolute prevention method. Cavanaugh asked if any fish were tagged that moved north beyond the barrier. Ordway replied that she did not believe so but was not 100 percent certain. Albers commented that it would depend when the study was completed, whether it was done premigration or post migration and also would depend upon the water levels at that time. He referenced the migration of the Asian carp up the Mississippi River, noting that those fish were able to get into the river 10 or 15 years ago because of flooding which allowed the fish to travel from their ponds into the rivers. He noted that any high -water event in the right timing can allow the fish to migrate. He believed that the cost of $4,200 is a small cost to assist in preventing the spread of carp. Reid stated that she does not have a problem with the contribution, but the carp are not coming to Medina from Long Lake. She stated that the contribution is warranted, and she does support that action. Ordway appreciated the partnership of Medina and its interest in understanding carp. She noted that the partnership assists in the overall work in the watershed to improve water quality. Reid agreed with those statements. Medina City Council Meeting Minutes April 19, 202 2 8 Moved by DesLauriers, seconded by Reid, to authorize payment of $4,200 or 1/6 of the total cost (whichever is greater) from the Environmental Fund toward the 2022 carp removal project as described in the materials submitted by Long Lake Waters Association. A roll call vote was performed: DesLauriers aye Cavanaugh aye Reid aye Albers aye Motion passed unanimously. C. Marsh Pointe Final Plat – Public Hearing (8:32 p.m.) Johnson stated that staff anticipates that final review of the plat will occur on May 3rd. He stated that the public hearing for the storm sewer improvement tax district was noticed for this meeting, therefore staff recommends the Council hold the public hearing and table consideration of the ordinance to the May 3rd meeting in order for staff to bring all the items forward at the same time. DesLauriers asked why this would be done now instead of waiting for May 3rd. Johnson stated that everything was noticed and supposed to be ready to go at this meeting, but staff did not receive all of the information for Final Plat to make that happen. He stated staff would prefer to have all of the actions taken at the same time. Finke stated that the notice for the public hearing was noticed and therefore it is appropriate to open the hearing and allow anyone to speak on the topic. He stated that the Council could continue the hearing to the May 3rd meeting if desired, but that would not be necessary and could be closed tonight. He stated that final action on the plat will occur at the May 3rd meeting. Anderson also clarified that the public hearing remained on the agenda because it had been noticed for this meeting. He noted that the Council could complete the public hearing at this time or could republish the public hearing for the next meeting which would have additional cost. Johnson stated that staff is attempting to avoid having to publish the notice for the public hearing again which is why this was brought forward to this meeting. Albers opened the public hearing. No comments. Albers closed the public hearing. Moved by DesLauriers, seconded by Albers, to table consideration of the ordinance establishing the Marsh Pointe Storm Sewer Improvement Tax District to the May 3, 2022 meeting. Medina City Council Meeting Minutes April 19, 202 2 9 A roll call vote was performed: DesLauriers aye Cavanaugh aye Reid aye Albers aye Motion passed unanimously. D. Arrowhead Drive Contract Johnson stated on February 1, 2022 the Council approved the resolution approving the plans and specifications and authorizing this project to be bid. He stated that bids were received and opened on March 4, 2022. He reported an estimated project cost of $875,500 which included contingency. He noted the petition and waiver agreement with OSI that specifies a contribution of 40 percent of the project cost up to a maximum of $357,710. He stated that OSI has agreed to relocate their driveway to align with Meander Road. Stremel stated that five bids were received ranging from $610,000 to $755,000. He referenced the engineer’s estimate of $665,000 and the total project cost estimate of $875,000. He reviewed the different forms of funding that will be used and noted that OSI will be using New Look Contracting for their driveway relocation project as well which may provide opportunity for overlapping cost savings. He provided a summary of the proposed project elements and also reviewed other projects in the surrounding area. Albers asked how disruptive this project and the others would be to residents in this area. Stremel stated that for this project, they did not plan for a full closure, although there will be lane interruptions having only one lane open during short periods of time. He stated that more information will be known about the schedules of the other projects in the near future and staff will work with Weston Woods residents. He stated that the Mohawk Drive utility projects will have full closures for about two days. Scherer stated that staff will contract to ensure dust control and gravel prior to the Arrowhead Drive project beginning. Cavanaugh referenced moving the OSI entrance from north to south and asked if staff is comfortable with the amount of stacking that would be available. Stremel confirmed that element was part of the review in the study. He stated that stacking can occur into the intersection if it needs to but having dual lanes for left turns will assist with stacking. DesLauriers thanked OSI for participating in the realignment and restriping. Albers echoed the comment that OSI is a great partner in helping this project become a reality. Medina City Council Meeting Minutes April 19, 202 2 10 Moved by DesLauriers, seconded by Cavanaugh, to adopt resolution 2022-31 accepting the lowest responsible bid and awarding the contract to New Look Contracting, Inc. for the Arrowhead Drive Turn Lane Expansion Project in the amount of $609,541. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT (8:50 p.m.) Johnson advised of Cleanup Day on April 30th from 8 a.m. to noon at 600 Clydesdale Trail. X. MAYOR & CITY COUNCIL REPORTS (8:51 p.m.) No comments. XI. APPROVAL TO PAY THE BILLS (8:51 p.m.) Moved by Cavanaugh, seconded by Reid, to approve the bills, EFT 006303E-006327 E for $107,695.10, order check numbers 052736-052791 for $323,272.57, and payroll EFT 0511716 -0511776 for $118,016.69. A roll call vote was performed: DesLauriers aye Cavanaugh aye Reid aye Albers aye Motion passed unanimously. XII. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON LITIGATION RELATED TO ZONING VIOLATION AT 2402 STATE HIGHWAY 55 PURSUANT TO MINN. STAT. SEC. 13D.05, Subd. 3(b) Medina City Council Meeting Minutes April 19, 202 2 11 Cavanaugh commented that he will be abstaining from the closed session. Albers asked if three members would still be considered a quorum. Johnson confirmed that three out of five members is needed for the quorum, so the Council would still have a quorum without Cavanaugh and Martin. Moved by DesLauriers, seconded by Albers, to adjourn the meeting to closed session at 8:54 p.m. for attorney-client privileged discussion on litigation related to zoning violation at 2402 State Highway 55 pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b). A roll call vote was performed: DesLauriers aye Reid aye Albers aye Motion passed unanimously. The meeting returned to open session at 9:34 p.m. XIII. ADJOURN Moved by DesLauriers, seconded by Reid, to adjourn the meeting at 9:36 p.m. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Motion passed unanimously. __________________________________ Kathy Martin, Mayor Attest: ____________________________________ Scott Johnson, City Administrator