Loading...
HomeMy Public PortalAbout10.18.2022 City Council Meeting MinutesMedina City Council Meeting Minutes October 18, 2022 1 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 18, 2022 The City Council of Medina, Minnesota met in regular session on October 18, 2022 at 7:03 p.m. in the City Hall Chambers. Mayor Martin presided. I. ROLL CALL Members present: Albers, Cavanaugh, Martin, and Reid (arrived at 7:50 p.m.). Members absent: DesLauriers. Also present: City Administrator Scott Johnson, Attorney Dave Anderson, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, City Clerk Caitlyn Walker, and Police Sergeant Kevin Boecker. II. PLEDGE OF ALLEGIANCE (7:03 p.m.) III. ADDITIONS TO THE AGENDA (7:03 p.m.) Johnson stated that staff is requesting to add an item to the agenda, Closed Session: Attorney-Client Privileged Discussion Pursuant to Minn. Stat. 13D.05, Subd. 3(b) to Discussion Threatened Litigation by Chris and Michelle Sele. Moved by Martin, seconded by Albers, to add the requested item to the agenda and approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES (7:04 p.m.) A. Approval of the October 4, 2022 Regular City Council Meeting Minutes Martin stated that prior to the meeting Johnson distributed proposed changes that she had proposed to the minutes for incorporation. Cavanaugh noted on page nine, lines eight and nine, and asked those to be stricken. Moved by Martin, seconded by Cavanaugh, to approve the October 4, 2022 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA (7:06 p.m.) A. Resolution 2022-80 Certifying Delinquent Utility Charges to the Hennepin County Auditor for Collection in 2023 B. Resolution 2022-81 Certifying Delinquent Storm Water Utility Charges to Hennepin County Auditor for Collection in 2023 C. Resolution Certifying 2022-82 Delinquent City Charges for Service to the Hennepin County Auditor for Collection in 2023 D. Approve Escrow Agreement for 1735 Medina Road E. Adopt Resolution 2022-83 Granting Extension of Time to BAPS Minneapolis LLC Site Plan Review Approval F. Adopt Ordinance Establishing Hamel Townhomes Storm Sewer Improvement Tax District G. Adopt Resolution Authorizing Publication of Hamel Townhome Storm Sewer Improvement Tax District by Title and Summary Medina City Council Meeting Minutes October 18, 2022 2 H. Resolution 2022-84 Approving Pioneer Highlands Preliminary Plat I. Approve Pioneer Highlands Preliminary Development Agreement Johnson requested that Items F and G be pulled from the Consent Agenda and placed later on in the agenda as four members are needed, and Reid is running late. Martin agreed that those items could be placed under Old Business. Moved by Martin, seconded by Albers, to remove Items F and G from the Consent Agenda to be considered under Old Business. Motion passed unanimously. Moved by Albers, seconded by Cavanaugh, to approve the consent agenda as amended. Motion passed unanimously. VI. COMMENTS (7:07 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer provided an update on the progress at Legion Park. He stated that they canceled the Park Commission meeting for lack of items to be considered. C. Planning Commission Planning Commissioner Ron Grajczyk reported that the Planning Commission met the previous week to discuss the concept review plan for the Cates Industrial Park. He stated that resident input was received related to traffic, potential issues with noise from trucks, as well as views. He stated that the Commission discussed screening and potential changes to the layout to place the loading docks in the center. The Commission also reviewed the preliminary plat and site plan review for Loram and Scannell and discussed the wetlands and potential impacts, the potential to reduce the number of buildings and increased landscaping. The Commission acknowledged the work of the applicant to lessen the wetland impacts and ultimately the item was recommended for approval with a vote of four to two. Albers asked why the two members voted against the request. Grajczyk replied that the wetlands were the main factor in that decision. VII. NEW BUSINESS A. Cates Industrial Park Concept Plan Review (7:16 p.m.) Johnson stated that the applicants have requested a review for approximately 310,000 square feet of warehouse/office/light industrial development on 30 acres of the subject site. Finke commented that the Council has reviewed this use several times over the past year and conditionally approved a reguiding of the property within the Comprehensive Plan and under the current staging period, contingent upon site plan approval. He stated that the applicant proceeded with a similar concept to what had been preferred by the Council in the last review and is requesting one last round of input before proceeding to formal application. He stated that there were some comments at the Planning Medina City Council Meeting Minutes October 18, 2022 3 Commission meeting related to the residential properties to the east and the potential to orientating the loading docks to the center of the site. He stated that the applicant did receive that input and provided an updated concept, which he displayed for the Council. He stated that the orientation of the loading docks in this manner would make them exempt to the 10 percent loading dock limitation. He commented that this concept is the same square footage as the previously submitted concept, just changing the orientation. He stated that there would be some limited impact to a wetland in this concept, about 1,800 square feet. He stated that there would be some wetland impacts in order to realign Cates Ranch Drive as well. He summarized the additional information available in the packet. He stated that staff would like to direct as much traffic as possible to Willow Drive as that provides the most stacking opportunity and most direct path to Highway 55. He commented that some residents raised concerns with concentrating the truck traffic on the new access at Cates Ranch Drive. He stated that most of the employee traffic would come from the other routes. He stated that the applicant has attempted to address some of the comments received during the Planning Commission meeting in the updated concept. Martin asked about the landscaping and screening in the plans. Finke stated that the applicant indicated that there is likely space for a six-foot berm in that area. Cavanaugh commented that if the buildings are orientated north/south it is not as attractive from the roadside. Martin echoed those comments. Finke commented that from an architectural standpoint there is less building frontage. Albers commented that he prefers the north/south orientation as it moves it away from the eastern property line. He noted that it is less wall to look at as you drive along, and this layout makes more sense than the other layout presented in the packet. Martin asked if that would include the condition of continuing the modulation along the exterior visible from the right-of-way and residential, with the only industrial feeling sides being the loading dock sides. Finke stated that additional vegetation could be added to screen along Chippewa Road. Albers agreed that additional modulation would be desired. Martin commented that it seemed the staff recommendations address her comments. Cavanaugh asked if there would be sufficient turning radius for semitrucks if the loading docks are faced back-to-back. Finke provided additional details and noted that each concept provides similar space for the trucks. Cavanaugh stated that perhaps offices wrap around the southern portion of the building. Medina City Council Meeting Minutes October 18, 2022 4 Martin agreed that she would like to see glass front on the south side of both buildings and the north side. Finke asked if the Council would desire access and parking on both sides, or just the appearance noting that if actual access were desired there would be additional wetland impacts. Albers commented that the north/south orientation seems to have less impervious surface as everything is concentrated in the middle, which would be better for stormwater. Jay Moore, Oppidan, commented that they are hopeful they can come to a consensus on the best plan to move forward noting that they have been working on this for one year. He stated that originally, they had planned for both parcels and then reduced that at the direction of the Council to only proceed with 30 acres. He stated that their goal has been to minimize wetland impacts through this development. He confirmed that the space for the trailer court would be more than adequate for truck maneuvering. He stated that they also agree to realign Cates Ranch Drive and will place signage alerting truck drivers to exit the site to Willow Drive. He stated that the previous concept was 106 feet from the eastern property line but after the comments of the neighbor at the Planning Commission, they were able to move 200 feet from that property line. He commented that these are quality buildings, and he can provide better pictures of the elevations. He stated that even though it will be the side of the building, there will be glass and other building materials. Martin asked if it would be feasible for the applicant to have a three-sided design as discussed, as the building will be street visible on three sides. She asked for examples of similar Oppidan projects. Moore advised of projects in other communities. He commented that there will be glass on the sides, but they cannot put glass on the southern sides as that would not work for the intended use. Cavanaugh commented that he sees this as lacking, noting the southwest corner of the east building is very plain and will be most visible for traffic coming around the curve. He stated that he likes the project and wants it to work for everyone, but it would be nice to have a better appearance on that corner. Moore commented that he believes that the elevations could be better represented as he believes that those buildings will look nice. He commented that Medina already requires higher design and building materials. He noted that the cost for these buildings has increased $3,000,000 in the last 60 days and this is the most expensive project they have considered. He commented that this would be an elevated design. Cavanaugh asked if the change in cost is due to design changes or the cost in materials. Moore replied that the change is due to the cost of materials and inflation. Martin stated that perhaps landscaping could be used to dress up that corner. Medina City Council Meeting Minutes October 18, 2022 5 Moore commented that there are clear store windows and stone, but to have glass around the back of the building where receiving would be located would not be feasible. He asked if there were examples of industrial buildings which would have those design materials required. Cavanaugh noted that there are not. He stated that in the other concept the offices face the roadway. Moore asked if the Council has seen the properties to the west of Willow which were built in the 90s. Cavanaugh commented that none of these members were on the Council at that time. Moore commented that this is modern architecture and class AA. Finke replied that the truck court does setback on the southwest corner of the building and therefore there would be opportunity to focus on that corner. He commented that there are not docks on the immediate corner as laid out. Moore commented that they would be happy to enhance landscaping in that area. Cavanaugh commented that he would prefer to have the offices face the south side but still did not want to impact the neighbor to the east. Finke asked if the footprint could shift a bit to the east, which would gain a bit more space along Chippewa for landscaping. Martin agreed that could be helpful. Albers stated that he prefers the north/south orientation and did not have a problem shifting slightly to the east if that would help hide the south façade along Chippewa. Martin asked where the customer entrances would be for the east building. Finke replied that would be located on the east side of that building. Martin agreed that moving the footprint slightly to the east could provide more room and flexibility for perhaps a screening wall and/or landscaping. Moore asked if the suggestion was to move the buildings further apart. Martin agreed that the suggestion would be to move both buildings another ten feet to the east. Finke stated that staff could work with the applicant. Cavanaugh asked if the applicant prefers the new concept over their previously submitted concept. Medina City Council Meeting Minutes October 18, 2022 6 Moore confirmed that the most recent concept is more efficient and also addresses the comments and concerns raised by the neighboring property owners and Planning Commission. He commented that they believe that this is a better plan. Cavanaugh noted that the Planning Commission has not seen this concept. Finke explained that this orientation was suggested by the Planning Commission. Moore explained that the thought was that this layout would minimize the impact (noise, lights) from truck traffic at the loading docks on neighboring property owners. Martin stated that she supports this updated concept, moving it slightly to the east to allow more flexibility for landscaping. Cavanaugh noted that he would still prefer the other orientation because of the view from Chippewa. Reid arrived. Reid commented that she believes the buildings will look very nice and believed that the applicant can work with staff to work through the kinks. She believed that this could proceed to formal application. Albers agreed that he prefers this orientation as it will reduce the amount of impervious surface and meets the other goals, as well as addressing the concerns of the adjacent residents. He asked if the applicant would plan to fence the property. Moore replied that they would not fence the property. Cavanaugh asked if the buildings would be built on speculation or whether tenants would be secured first. Moore replied that is yet to be determined. B. Loram/Scannell Plat and Site Plan Review (7:53 p.m.) Johnson stated that the applicants have requested land use approval for the proposed development of three buildings and the primary question before the Council is whether the applicant has proven that this development would minimize the impact to wetlands. Finke stated that a fuller review of the material related to plat and site plan was included in the packet for context. He stated that depending on the outcome of the discussion related to the wetland impacts and replacement plan, the plans may need to be adjusted and therefore the plans have not been updated to reflect the comments of staff as of yet. He stated that the current layout proposes 1.22 acres of wetland impacts. He stated that wetland impacts are subject to Wetland Conservation Act (WCA) review and approval. He stated that the Council serves as the deciding body related to wetland replacement plans. He stated that the impacts and replacement plan were reviewed by the Technical Evaluation Panel (TEP) and the TEP recommended denial, noting that report was included in the packet. He stated that the Planning Commission reviewed the overall development and recommended approval of the proposed development with a vote of four to two. He displayed the updated layout as submitted by the applicant and identified Medina City Council Meeting Minutes October 18, 2022 7 the proposed wetland impacts. He stated that beyond the WCA and in technically meeting the State law, the City has identified wetland protection as an objective in the community. He stated that staff reviewed previous wetland impacts and replacement plans approved by the City noting that this would be one of the largest impacts proposed. He noted the other large wetland impact projects which were the Chippewa Road extension and Wellshire project. Martin asked how this has been addressed in other applications to reduce the overall impact proposed. She commented that there is a large wetland in the middle of the Motorplex complex that became an amenity that was built around. She referenced the wetland on the western edge which seems to be the highest quality wetland on the site. Finke noted that there were not any impacts to the center wetland on the Motorplex site through that development. He stated that developer attempted to make that an amenity for the site. He stated that OSI built their parking lot around the wetland to minimize impacts on the north side of the building. Allison Harwood, WSB, reviewed the City’s responsibility as the LGU for WCA and the entities that provide input in that process through the TEP. She explained the purpose of WCA and the review process that is completed by the TEP. She stated that the applicant submitted a wetland replacement plan in July proposing 1.27 acres of wetland impact to seven wetlands across the site and replacement was to be provided through the purchase of offsite credit banks. She explained that the purpose and need is considered when reviewing these plans. She stated that there is some wetland replacement proposed but is not proposed to be included in the replacement plan as it is not designed to the standard WCA would require and therefore is not part of the calculation. She also commented on the lack of wetland buffer in that area. She stated that the TEP met with the applicant and provided details on that process noting that only one alternative was provided at that time and two alternatives are required. She noted no plans were submitted that showed any efforts to further minimize wetland impacts and therefore an avoidance alternative was required by the TEP. She stated that the applicant submitted the additional information as requested and noted that the TEP preferred the two-building concept provided as an alternative that would avoid the wetland to the west. She explained that the applicant stated that the concept did not meet their needs. She stated that the TEP concurs that the one building concept would not be feasible or prudent, but the revised two building concept would meet the applicant’s needs while also reducing the impact to wetlands. She stated that based on the information received to date, the TEP recommends that the wetland replacement plan be denied because two parts of the WCA have not been complied with. Phil Holman, CEO of Loram and Medina resident, stated that he has worked for Loram for about 30 years and this land was purchased over 50 years ago for the future expansion of the company. He stated that Loram is proud to call Medina its headquarters while operating in eight countries in the world and exporting products to countries all over the world. He commented on the large number of employees working at Loram in Medina. He stated that Loram has been in this location since the 1960s and has expanded on the existing facility multiple times in that time. He stated that his office stares to the south, therefore he would look at this building from his office. He noted that he also owns a condo in the Motorplex and would see the property from that site and would also see the project from the roadway as a citizen. He stated that he would not promote any development that he would not be proud of as a Medina resident. He Medina City Council Meeting Minutes October 18, 2022 8 believed that this would be a great taxbase for the community and addition. He stated that the needs of Loram are first and foremost and while the two-building concept may not impact public safety, it would impact the safety of Loram which he takes very seriously. Cavanaugh asked the number of people that would work in the new three buildings. Holman replied that these would mostly be warehouse buildings noting that Loram currently has 13 people employed in the warehouse. He explained that they also have contracted warehouse space in other communities and within the Hamel location. He noted that this would not necessarily be an expansion of their employment for that purpose but would consolidate those operations. He provided general estimates on the number of employees that could be added between the different buildings. Brian Wurdeman, Kimley-Horn, commented on their understanding of the high importance of wetlands to the City, and they have done their best to maximize the site design while maintaining the higher quality/DNR wetland to the east. He explained that the site was delineated in 2020 with the City approving that delineation in October of 2021. He commented that many of the wetlands did not appear to be visible until more recently with the largest wetland along Arrowhead Drive being farmed as recently as 2012 with little to no vegetation. He stated that the wetland areas have been disturbed through the activities on the property and the majority of the wetlands are generally much lower quality wetlands than the DNR to the east which they have focused on protecting. He stated that they submitted through the WCA review and the TEP and applicant agreed that the one building concept would not meet the needs and demand of the applicant. He stated that there were a number of challenges with the two-building scenario that conflict with the demand and need for the project by the applicant. He stated that there is concern with the safety of Loram employees with the northern access. He stated that Hennepin County would like to see the majority of the traffic coming in from the existing Loram access on the southern part of the property which creates a significant challenge for truck movement and creates safety challenges for employees coming in and out of the western side of the building. He stated that the parking plan also does not meet City ordinance. He stated that in January they submitted an EAW with a three-building concept that showed 2.3 acres of wetland impact for approximately 450,000 square feet between the buildings and that received a negative declaration by the City. He stated that through that process they received public comment and understood the importance of minimizing wetland impacts, therefore they reduced the project size to 396,000 square feet between the buildings. He noted that many different concepts were reviewed in order to arrive at the proposed concept. He stated that this concept was presented to the City in April with 1.6 to 1.7 acres of wetland impacts and has been reduced to 1.2 acres of impact. He stated that they have made a number of changes including bump outs in the parking and wetland replacement along Arrowhead. He stated that the applicant proposes to replace the impacted wetlands at a ratio of 2:1 and would be creating a half-acre of wetland onsite as well. Albers commented that it seems there is a lot more parking than the number of employees that would be housed in these new buildings. Wurdeman replied that they are proposing the minimum required parking. Medina City Council Meeting Minutes October 18, 2022 9 Finke replied that two of the buildings are speculative and therefore that would be a bit difficult to predict. He noted that although there would be relatively low employee count, there is a lot of square footage. He stated that they are meeting the minimum based on the assumptions. He stated that the existing Loram facility is predominantly office and admittedly is under parked. He noted that there would not be a lot of space for proof of parking. Reid asked if the applicant feels that they have explored all possible alternatives. Wurdeman commented that based on the three buildings proposed and square footage deemed necessary, he is confident that this is the most efficient proposal to fit on the property, meet the needs of the applicant, and minimize wetland impacts. Reid asked if there are any candidates for the wetland credits. Wurdeman replied that they have begun to identify where those credits will come from but have not yet solidified the location. Martin referenced the comments related to the low quality of the wetlands on the site and that they had previously been farmed. She stated that when reading through the rules, that does not mean that those would fall under wetlands that would not be protected and therefore they would still need to be protected under WCA. Wurdeman commented that there is a difference of professional opinion between their classification of the wetlands and the classification of the TEP but stated that they are proceeding as if all of the wetlands have the same classification. Martin referenced the statement as to what is feasible or needed for the project and was not sure how the project is to be defined pursuant to Minnesota law. She recognized that the applicant would like three buildings but perhaps the project could still be feasible with a lesser square footage or different configuration. She stated that she does see Loram’s need for the first building with potentially a need for space in a second building in the future. She did not necessarily see in the narrative provided by the applicant a need for Loram’s operations to have the third building and asked who decides what the need of the project would be. Anderson commented that it is a balancing act with the different things that the LGU has to take into account. He commented that there is nothing that defines who gets to say what the project is. He agreed with Martin that some of the improvements do not seem to be necessary, at least at this time. He stated that the TEP has provided its recommendation, although the LGU would have the authority to deviate. He commented that there is some room for discretion on deciding whether these factors should dictate whether this is approved or denied. Martin stated that she found it helpful in the original presentation by staff to see what other applications have received approval for wetland banking. She noted that it would seem that this is a very expansive or efficient use of the land. She commented that this seems much more filled or crammed compared to the previous concept that was received for the Cates project. Medina City Council Meeting Minutes October 18, 2022 10 Wurdeman commented that the size footprint shown is consistent with the approved EAW. He commented that they kept the elements that the Council liked from that concept and addressed many of the other comments received. He commented that this is an efficient layout of the site which is consistent with the EAW. Martin commented that the purpose of the EAW is to determine when an EIS would be needed, and it is not a vote on what may be presented as a potential project. She stated that they made clear at that time that the negative declaration did not provide approval of the concept plan presented. She stated that she struggles with where they begin, recognizing that the EAW presented a larger project which has been downsized but was unsure that would be considered in the review of the TEP. Anderson agreed that the scope of the EAW review is very narrow as it simply determines if further environmental review would be needed. He stated that concerns were expressed at that time about the level of activity proposed by the development and with impacts to the wetlands. Martin referenced the issue of whether the developer has attempted to minimize wetland impacts and asked if the EAW could be considered as an attempt to reduce the scale and impact. She noted that she never considered what was presented in the EAW as the first plan, although she could see where the property owner could think that it was. Harwood stated that it is not uncommon for an EAW to look at the most intense or dense development, as the purpose is to determine whether an EIS would be needed. She reviewed the priority of WCA to avoid or minimize wetland impacts, therefore the first step would be to determine what could be done to avoid and if that could not be done, it should have been presented as to what could have been presented to minimize impacts. She stated that is the step that is missing as the alternatives that have been provided by the developer have only shown more impacts and not less. She stated that the two- building concept seems to be feasible to meet the needs of the project. She stated that the process is meant to be fluid, with the TEP providing input and the applicant then making adjustments. Finke stated that to the technical question as to who defines the project, it would be the LGU which in this case would be the Council. Scott Moe, Scannell Properties, commented that there is an economic element as well as there is an economy of scale to make the project work as well. He stated that this does not exceed hardcover by Code and industrial projects tend to be more dense in nature. He stated that the coverage of the previous Cates project is not much different, although the layout was different. He stated that building one is designed to attract a company that seeks a higher image with frontage to the public side, such as a civil engineering firm that may have field equipment in the back. He provided other examples such as a custom cabinet maker or a medical manufacturer. He noted that there could be three to four tenants in that building. He noted that building would not be a distribution center. He stated that building three would be designed to attract similar users, bigger in size and more industrial in nature and provided examples. He commented that it would not be a heavy truck type of facility. He stated that this design has a nice drive by appeal as building one will appear as a two-story office building for those driving by. He stated that building would also screen the truck courts from those driving by, which would not be provided in the two-building concept. He stated that if Medina City Council Meeting Minutes October 18, 2022 11 more parking were needed for building two, they would cut into the footprint for building three but noted that would be unlikely. He stated that they made their best attempt to develop a project that would meet the functional and economical requirements of this type of park while working towards the environmental sensitivities. He commented that this will bring good companies and jobs to Medina in a project that has good drive by appeal while improving the environmental condition of the area. He stated that the wetland authorities have done a good job in completing their technical review, but their review is limited in scope in that they consider a wetland to be a wetland. He explained that these are farmed wetlands and have been dry in most conditions. He stated that they would be replacing those at a ratio of 2:1 with real wetlands while also improving and increasing the size of a wetland onsite. He stated that one of the Planning Commission members stated that it is not the job of the governmental body to make the determination on the wetlands but noted that is exactly what the Council has been elected to do in using their common sense and judgement to determine what is best for the community. Cavanaugh commented that he thinks the beginning impact was 2.3 acres which has been reduced to 1.2 acres. He commented that he likes the design with the building facing the road as that makes sense and hides the back activity and truck traffic. He commented that having that front building is important to him. He stated that in the two- building alternative, there would be a safety issue with heavy equipment. He stated that there would be about 230 jobs which would be a huge thing for Medina. He noted that those people will frequent businesses in the community. He referenced the large wetland along Arrowhead noting that it would be difficult to do anything with the site involving a building that would front the road without impacting that wetland. He recognized that the additions to the wetland may not be up to Code, but the applicant is still making that improvement to be a good steward. He noted that another impact would be unavoidable in order to provide the safety lane to the building to the north. He stated that the other wetlands are relatively small. He stated that he would love to see the wetlands replaced onsite but recognized that is probably not possible and noted that he would love to see it replaced in Medina. He stated that he likes the proposal and believes that the applicant has made a lot of changes, therefore he would support the request. Finke stated that it is important to recognize that this is not necessarily the preferred building alternative as it could be possible to have a three-building design with less square footage. Cavanaugh commented that this is an industrial area, and he likes the layout as presented. Albers commented that he agrees that the wetlands in the middle of the plowed fields are not a concern of his. He commented on other wetlands mentioned that seasonally dry up and most likely do not house high quality vegetation. Harwood agreed that in some years those areas have been hayed or cropped or avoided in wetter years. She agreed that there is not a diverse plant community, but it does provide some habitat for the species that would use it such as waterfowl that use the seasonally flooded basins along with water quality. Medina City Council Meeting Minutes October 18, 2022 12 Albers agreed that there is benefit to water quality in the filtration provided but noted that those wetlands have been disturbed so much, that if they would be replaced, he would support the three-building concept. He believed that this would be a good design for the site. He asked for details on snow removal and snow storage as that could push salt into the wetlands. He stated that he is okay with the plan as presented as well as the impacts proposed. Reid commented that there are candidates for the wetland credits, therefore that is a minor concern that could easily be solved. She believed that the applicant has explored alternatives and only minor issues remain. Martin recognized the consensus of the Council that the impacts have been adequately addressed. She noted that the decision would need to be correlated with why the Council found that sufficient efforts have been taken to avoid and minimize wetland impacts. She stated that she also likes the three-building layout. Cavanaugh stated that if there is a two-building layout it would not lend towards access to the northerly site. Martin agreed that if you are looking at this as a building campus, the northerly wetland would need to be impacted in order to utilize that area which is between buildings one and two on the plan. Cavanaugh referenced the large wetland along Arrowhead and stated that from a City perspective it is important to have a building aligned with the road. He stated that if that is pushed back it would create many other issues for the site and therefore that impact becomes unavoidable. He believes that the applicant has minimized that to the extent possible. He stated that the smaller wetlands do not add much to the water quality of the general area as they have been farmed and what would be provided through the 2:1 replacement would be of much higher quality. He stated that the applicant has done a good job in maintaining the higher quality wetland which provides water quality benefit. Albers commented that the replacement wetland would be of higher quality than what exists on the site today, with perhaps the exception of wetland five. He noted that the wetlands are farmed and may have hydric soils that may show a wetland, but the replacement would be of higher quality and function, therefore he believes that this makes sense to move forward with the proposal for three buildings. Reid commented that some of the existing wetlands are very low quality, and the land bank purchases would be of higher quality and therefore did not see a problem. She stated that she also believes that the applicant made effort to deal with the wetland issues and is comfortable moving forward. Moved by Cavanaugh, seconded by Albers, to direct staff to prepare a Notice of Decision approving the proposed Wetland Replacement Plan based upon the findings noted by the Council and to present the Notice for Council action after the applicant has submitted necessary information related to wetland credit purchase. Motion passed unanimously. C. G & S & K Family LLC – Easement Vacation – Public Hearing (9:23 p.m.) Medina City Council Meeting Minutes October 18, 2022 13 Johnson commented that the applicant is the fee owner of 1400 and 1420 Tamarack Drive and has requested a lot line rearrangement between two properties. He stated that the lot line rearrangement has not yet been prepared for review but was noticed for this meeting, therefore staff recommends that the public hearing be opened and continued to the next meeting. Martin opened the public hearing. No comments. Moved by Martin, seconded by Albers, to continue the public hearing on the proposed easement vacation at 1400 and 1420 Tamarack Drive to November 1, 2022. Motion passed unanimously. VIII. OLD BUSINESS A. Adopt Ordinance 695 Establishing Hamel Townhomes Storm Sewer Improvement Tax District (9:25 p.m.) Johnson noted that these two items were on the Consent Agenda but there were not the required number of Councilmembers present to take action. Moved by Martin, seconded by Albers, to adopt Ordinance 695 Establishing Hamel Townhomes Storm Sewer Improvement Tax District. Motion passed unanimously. B. Adopt Resolution 2022-85 Authorizing Publication of Hamel Townhome Storm Sewer Improvement Tax District by Title and Summary Moved by Martin, seconded by Albers, to adopt Resolution 2022-85 Authorizing Publication of Hamel Townhome Storm Sewer Improvement Tax District by Title and Summary. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT (9:26 p.m.) Johnson had nothing further to report. X. MAYOR & CITY COUNCIL REPORTS (9:27 p.m.) No comments. XI. APPROVAL TO PAY THE BILLS (9:27 p.m.) Moved by Cavanaugh, seconded by Albers, to approve the bills, EFT 006558E-006575E for $65,985.16, order check numbers 053491-53552 for $475,149.52, and payroll EFT 0512212-0512245 for $57,610.94. Motion passed unanimously. Johnson stated that staff is recommending changing the order of the closed session items. XII. Closed Session: Attorney-Client Privileged Discussion Pursuant to Minn. Stat. 13D.05, Subd. 3(b) to Discussion Threatened Litigation by Chris and Michelle Sealy Medina City Council Meeting Minutes October 18, 2022 14 Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 9:29 p.m. for attorney-client privileged discussion on threatened litigation by Chris and Michelle Sealy. Motion passed unanimously. The meeting returned to open session at 9:59 p.m. XIII. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON LITIGATION RELATED TO ZONING VIOLATION AT 2402 STATE HIGHWAY 55 PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(b) Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 10:00 p.m. for attorney-client privileged discussion on litigation related to zoning violation at 2404 State Highway 55 pursuant to Minn. Stat. 13D.05, Subd. 3(b). Motion passed unanimously. The meeting returned to open session at 10:19 p.m. XIV. POTENTIAL ADOPTION TO APPROVE SETTLEMENT AGREEMENT FOR LITIGATION RELATED TO 2402 TH 55 Moved by Martin, seconded by Reid, to adopt Resolution 2022-86 approving settlement agreement and mutual release. Motion passed unanimously. XV. ADJOURN Moved by Albers, seconded by Reid, to adjourn the meeting at 10:20 p.m. Motion passed unanimously. __________________________________ Kathy Martin, Mayor Attest: ____________________________________ Scott Johnson, City Administrator