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HomeMy Public PortalAbout10.04.2022 City Council Meeting MinutesMedina City Council Meeting Minutes October 4, 2022 1 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 4, 2022 The City Council of Medina, Minnesota met in regular session on October 4, 2022 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. I. ROLL CALL Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid (arrived at 7:36 p.m.). Members absent: None. Also present: City Administrator Scott Johnson, Attorney Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and Police Sergeant Kevin Boecker. II. PLEDGE OF ALLEGIANCE (7:00 p.m.) III. ADDITIONS TO THE AGENDA (7:01 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:02 p.m.) A. Approval of the September 20, 2022 Work Session City Council Meeting Minutes Moved by Albers, seconded by Martin, to approve the September 20, 2022 work session City Council meeting minutes as presented. Motion passed 4 to 0 (No Reid). B. Approval of the September 20, 2022 Regular City Council Meeting Minutes Albers stated that he excused himself from the meeting at one point and asked if that needed to be reflected in the motions that followed. Johnson noted that staff could make that correction. Moved by Albers, seconded by Martin, to approve the September 20, 2022 regular City Council meeting minutes as amended. Motion passed 4 to 0 (No Reid). V. CONSENT AGENDA (7:03 p.m.) A. Adopt Resolution 2022-74 Appointing Election Judges for the 2022 General Election B. Approve Hiring of Police Officer C. Resolution 2022-75 Accepting Donations for Medina Celebration Day 2022 D. Approve Equipment with Operator Services Agreement with Designing Nature, Inc. E. Approve Cates Easement Agreement Moved by Martin, seconded by Albers, to approve the consent agenda. Motion passed 4 to 0 (No Reid). Medina City Council Meeting Minutes October 4, 2022 2 VI. COMMENTS (7:04 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Park Commission met recently to consider the Pioneer Highlands proposal and recommended cash in lieu for park dedication. The Commission also received a presentation about prairie grasses and their relationship with horses. Albers referenced a recent incident where a vehicle damaged a field that was recently seeded and asked for an update. Scherer replied that the Police Department caught the gentleman who then reseeded the field. C. Planning Commission Finke reported that the Planning Commission will meet the following week to hold two hearings to consider an updated concept for the Cates Industrial Park as well as a proposal for the Loram and Scannell development. VII. PRESENTATIONS A. Orono School District Technology Referendum (7:07 p.m.) Martha Van de Ven, Orono School Board, introduced Superintendent Dr. Kristine Flesher who began in this position last year but has been with the District for 29 years. Ms. Van de Ven noted that this will be her last year on the School Board as she will be retiring from the position after 31 years. She thanked the Council for continuing the culture of supporting public schools. She played a short video about technology and the requested levy for the Council which is also available on the District website. She provided comparison information of the requested levy compared to other school districts. Superintendent Kristine Flesher commented that the District has had the levy for 20 years and is grateful for the assistance during that time from the communities. She stated that the requested technology levy would run for the next ten years. Martin expressed thanks to the Van de Vens for their legacy to public service in the community. VIII. OLD BUSINESS A. Hamel Legion Park – Grandstand at Paul Fortin Field – Conditional Use Permit (7:15 p.m.) Johnson stated that at the September 20th the Council reviewed the proposal from the Hamel Athletic Club (HAC) and Hamel Hawks to construct the proposed grandstand at Paul Fortin Memorial Field at Hamel Legion Park. The Council directed staff to reach out to interested parties related to parking and traffic for baseball related activities at the park. The Council also directed staff to draft a resolution granting CUP approval for the construction of the grandstand subject to the conditions previously discussed. Medina City Council Meeting Minutes October 4, 2022 3 Finke stated that staff prepared the draft resolution as directed by the Council at the previous meeting including the requirements for the netting and fencing. He stated that at the meeting there was discussion related to the vegetation along the property line on the east side of the park related to potential fencing and therefore staff went to the site to observe the location of the trees. He noted that because of the location of the trees, staff considered a chain link fence as screening appears to be provided by much of trees. He stated that there were some gaps in the screening which would also be addressed. He reported that staff discussed the chain link fence with HAC and the Hawks, as well as adjacent property owners. He noted that the responses of the property owners were included in the report, along with the draft resolution. Cavanaugh stated that he visited the site this afternoon and there appears to be enough room between the existing trees and what appeared to be the property line. He asked if a privacy fence could fit in that area. Scherer reported that some trimming would be necessary to potentially install a privacy fence. Martin stated that she also walked the property and there is a lack of screening on the northern end which appears to be an invitation for people to walk through, and therefore some barrier would be helpful for that property. She commented that it did appear that some trees go over the property line as you walk down the row and as those trees grow, they would push up against a fence. She stated that she likes the suggestion of placing the chain link fence on the park side of the trees as it would be easier to maintain and would not require an easement. She stated that would also be consistent with the design of the field. She stated that if a privacy fence is placed on the private property side of the trees, it would seem to be using taxpayer dollars to create a private ambiance in the backyards of residents rather than just protecting those yards from trash and trespassing. DesLauriers commented that there are a few gaps in the screening that need to be addressed. He commented that the park already has chain link fence and therefore chain link fence would blend with what already exists. He agreed that it would be better placed on the park side of the trees. Cavanaugh stated that he would prefer a privacy fence. He understood the statement about public funds but noted that there is a lot of activity and will continue to be so, therefore a privacy fence would help to screen noise and visual impact. Martin stated that when reviewing the minutes from the last meeting, there was a resident who questioned if a privacy fence could withstand the impact from baseballs. She asked if anyone looked into the feasibility of that. She noted that a chain link fence would hold up against baseballs. Scherer commented that a vinyl fence could crack if hit hard enough, or even in the cold. Albers commented that he could not imagine a ball hit by youth traveling that distance and hitting the fence. DesLauriers commented that it is more than just youth hitting balls on that field. Medina City Council Meeting Minutes October 4, 2022 4 Albers stated that he believes the odds of a privacy fence cracking from a ball would be low. He commented that the chain link fence would have the lowest cost and would blend with the existing fencing at the park. He noted that would prevent trespassing into properties while addressing gaps in screening would address the visual impacts. He stated that there needs to be a solution that works for the residents but also works for the other taxpayers in Medina. DesLauriers agreed with the comments of Albers. Martin asked if a privacy fence would be on the landowner side of the trees. DesLauriers stated that he would not support a fence on that side because it would become a question of who owns the fence. He stated that a chain link fence would then make the most sense on the park side to blend with what already exists in the park, noting that a privacy fence would look out of place in the park. Cavanaugh commented that he agrees that a solid privacy fence on the park side of the trees would look out of place and therefore supports a privacy fence on the private property side of the trees. He stated that he would support a privacy fence for the first 200 feet. He believed that it would be a small dollar amount for the whole scheme of the project. He stated that fence would prevent people from cutting through yards and provide some privacy which would be a reasonable solution. DesLauriers stated that he does not disagree, noting that today there is no privacy fence and there has not been once since 1926. He stated that the trees are 15 feet tall, and the grandstand will be 30 feet tall, therefore less balls will travel in that direction to begin with. He asked if Cavanaugh would propose that the fence would be owned and maintained by the City in that scenario. Cavanaugh commented that his first choice would be that it belong to the property owner and would recommend a cedar fence. He stated that if the property owners want the fence and agree, it should be placed on their side of the property line and should be their responsibility for maintenance. Martin asked if the fence were placed on the private property side of the trees, the residents would need to accept the fence which would be paid for by someone other than that resident. She commented that under Cavanaugh’s scenario the fence would become private property and they would be responsible for maintenance and upkeep. Albers commented that approach would most likely cause more concerns for the City. He stated that he could see that maintenance is not done to the standards of the City in the future. He stated that one property owner could complete necessary upkeep while the next could neglect the fence. He noted that if that scenario moved forward, he would like to see required maintenance spelled out such as staining versus painting and a requirement to maintain both sides of the fence. He stated that over the longer period of time the fence would eventually need to be replaced and asked who would be responsible for that. Medina City Council Meeting Minutes October 4, 2022 5 Cavanaugh commented that the same situation would exist if the private properties put up their own fencing. He stated that the fence would still be screened by the trees on the park side. Albers asked why the City would make that type of one-time investment into fencing on private property. He stated that the big challenge was related to trespassing. He commented that the trees provide screening of visual impact and noise. He did not believe that the City should be placing privacy fencing on private property. Cavanaugh commented that the only reason he suggests placing it on private property would be to avoid the long-term maintenance. He confirmed that he would support placing a wooden privacy fence on the private property side of the trees to become the property of those residents. Rohini Khanna, 4525 Alvarado Lane, Plymouth, stated that she has not seen any details on the operational solution related to the park. Martin commented that is infused into the draft resolution already. She stated that tonight they are reconsidering the impact to the private property owners. Khanna requested that the City consider bylaws that would allow for the park to mandate that private neighborhoods be blocked off, youth associations should be mandated to be composed of at least 40 percent Medina citizens, there should be a minimum of 40 minutes between games, at least five parent volunteers should be directing traffic, and contracts shall be declined that have more members than the available parking. Martin stated that Khanna could submit her thoughts in writing for future conversations related to programing. DesLauriers asked if there is room for a six-foot chain-link fence behind the trees. Scherer commented that trimming of the trees would be necessary for any fencing on the private property side. He commented that trees do not grow the same in a perfectly straight line. Chris Sele, 4685 Brockton Lane, commented that his property has the most frontage along the park. He commented on the flow of traffic and people parking and going into the park. He noted that if his property and the neighboring property were purchased and turned into an entrance to the park, that could solve this issue. He stated that this comes down to reputation. He noted that he moved to Medina for the schools and the reputation that the City has for values. He asked the Council to place themselves or a loved Medina resident, such as Van de Ven, in one of these homes and asked if a chain link fence would suffice in those scenarios. He stated that his kids play in his backyard, and they need to be able to sleep and do well. He stated that he is eager to see the grandstand built, but also feels that the concerns of the adjacent resident should be met as well. He stated that he is disappointed in the City as this whole project should be exciting and fun for everyone. He asked everyone to imagine that they live in his home with three young children. He commented that his children could be killed in their yard by a baseball flying into their yard. He stated that the Hawks five-year plan concealed information from the Council, noting the intended increase in use of the field and park including fireworks, concerts, and concessions. He agreed that those activities would Medina City Council Meeting Minutes October 4, 2022 6 help to revive Uptown Hamel but believed that the adjacent residents should be considered. He hopes that drunk people will not continue to walk through his yard and leave trash. He stated that the chain link fence would still allow people to walk through his yard, throw trash in his yard, and climb the fence. He stated that people are climbing over the existing chain link fencing. He stated that the chain link fence would still allow headlights to shine in their yard. He noted that initially the Council agreed to a six-foot privacy fence and then held a private meeting with the baseball association and not the residents to discuss and agree on the chain link fence. He was concerned that the Council is trying too hard to justify a chain link fence. He asked the Council to do the right thing and provide a privacy fence. He stated that he has consulted with legal representation on this matter. He commented that the Council has been dupped as the Hawks have a plan to increase use which in turn will increase the issues that already exist. He stated that the City has stated that they do not believe this grandstand will significantly impact the use of the park and field but commented that is directly in conflict with the five-year plan from the Hawks. He stated that not all stakeholders were included in the discussion, the applicant was not forthcoming with information, and asked that the Council vote with the idea that their kids play in these yards. He stated that if the City does not purchase his property at fair market value prior to the construction of the grandstand, the Hawks can be prepared to pay out after the fact based on a judge’s order. He stated that at a minimum, the Council needs to address the requests of the residents, and the prevailing factor should be the protection of residents. He stated that if those concerns are not addressed, this whole project could be halted by an injunction, not just for the 2023 season but indefinitely. Martin appreciated the input of the resident. She stated that anyone that has walked the property since the last meeting has noticed the need for additional screening. She asked if trees were removed since Sele purchased his property. Sele replied that there were not. Martin commented that the property was then purchased open to the baseball field. She stated that the incidents of drunkenness and litter all existed prior to the purchase of the property. She stated that the resident purchased the property next to the park. She stated that the discussion would then be what may be an appropriate approach. She stated that there has been discussion tonight about fencing in relation to placement and type. She asked the resident for his input, as it seems the resident believes that the privacy fence would make the issues go away in this matter and a chain link fence would not. Sele replied that the chain link fence on the north side is a great example of how ineffective that is as people climb over the fence and throw trash. He noted that the lights also go through a chain link fence. Martin asked public safety for input on whether they are aware of that issue. DesLauriers commented that it is a four-foot fence and people are not climbing over, they are using the gate. Sele commented that he observes people going over the fence. Medina City Council Meeting Minutes October 4, 2022 7 Martin asked if the resident has thought of building their own fence since they purchase a property adjacent to the park. Sele commented that has crossed his mind but noted that there have been improvements since he purchased the house such as lighting. He noted that a reasonable person would not purchase a property next to a park and expect a 30-foot grandstand, 356 capacity, to be constructed. He stated that he is not asking for much but proposing to find a solution for traffic and parking and to do the right thing for his family. Martin stated that they are attempting to find that solution. She proposed the scenario that the City or HAC installs the fence, which encroaches into the property line and asked if the resident would expect compensation for the encroachment. Sele replied that he would not expect compensation for encroachment. He stated that he would be more interested in talking about the material of the fence noting that he would want the fence to be non-permeable to keep the headlights out. Martin stated that if she moved into the property with young children, she probably would have installed her own fence by now. Sele replied that if he were financially able to do so, that would be a great thing. Martin commented that is the cost of purchasing that property. She reconfirmed the statement that the resident would not be opposed to providing an easement for the fence at no cost. Sele replied that if the fence is built in his yard and whether the concern is related to maintenance, he will maintain it in great order and would never ask the City to do anything else about it. He confirmed that he would sign a written agreement as such. Martin again confirmed that if the fence were built on the private property the resident would maintain the fence and would not charge for the easement. Sele replied that this would be funded by the Hamel Hawks and HAC. He stated that if he were a fan donating to this project, he would support doing right by the residents that live adjacent to the park. He stated that if a six-foot cedar fence were going to be installed and that is all that would be done, he would also request that for his property, he would want that installed along the back and south and the couple of feet on both sides to connect to the house. He commented that this means a lot to him, and he does not feel that this team has done a thorough job. Martin commented that if the fence continues contiguous along the neighboring property, she would wonder why fence would be installed on the south side. Sele replied that people from the VFW will continue to throw their beer cans and if the fence only runs along the backside, they will walk until they discover that fence and then double back. He stated that he will install no trespassing signs in his front yard, but people do not always listen to that when they are drunk. Martin commented that would seem an issue with the VFW. Medina City Council Meeting Minutes October 4, 2022 8 Sele replied that the team is recommending that people park at the VFW. He stated that people drink at the VFW and then casually stroll through his yard. He commented that this situation will amplify that. Martin asked about Sonny’s property. Sele replied that property owner already has an old, dilapidated fence. He believed that the criteria should be what reduces people walking through his yard and what will resolve the situation, so he does not need to file a lawsuit. Albers asked if the fence along the north butts into Sonny’s property. Scherer confirmed that it does tie in but there is a gap where people could walk into Sunny’s yard. He confirmed the proposed path the fence would take to ensure there are no gaps along the field. Albers commented that the fence would then run to the batting cages and tie in and therefore there would not be a path from the parking lot to the properties to the east. Sele replied that would make sense. He noted that people could still walk through his front yard only to discover there is a fence and then walk back out. Albers commented that they cannot solve the issue of the front yard. He stated that their concern is with the park and access from the back. He stated that they are not talking about people walking from Brockton into the front yard. Sele replied that he is concerned with people coming from Brockton. He commented that he will be at the games in spring of 2023 if this situation is resolved. Albers asked what the solution to the front yard would be, whether that would be to place a fence with a gate along the front. Sele replied that a fence would not be needed to Brockton, but if people can see 10 to 15 feet on the north and south sides of his home and along the back, that will prevent them from walking into his yard. Albers asked why the neighbors do not work together to fence the two properties and split the cost. Sele replied that is not the proposal and did not understand why he is feeling bad about asking for privacy and security of his family. Albers commented that the City owns the park and the fence from the park into the backyard would be appropriate on the public side, but beyond that it is private property. He stated that the ballfield has existed since 1926 and was there when the home was purchased. Sele replied that the ballfield was part of the reason he purchased the home. Medina City Council Meeting Minutes October 4, 2022 9 Albers commented that he lived in another community where he was near a ballfield, and he put up his own fence. Sele replied that in that scenario the City did not propose a grandstand with a capacity of 256 in addition to the issues that already exist. He did not believe the context was the same. Sele asked why they are looking so hard to not put anything in place. Brad Sanke, 4665 Brockton Lane, stated that he is not sure why they are here again, but he does feel dupped by the City in thinking it would take their concerns to heart. He referenced the lies that have been said at the last meeting and in this meeting. He stated that staff did not reach out to the residents, the residents reached out to City staff. He referenced the statement that foul balls will be reduced by this project but did not believe that to be accurate noting that the grandstand would only protect those in the grandstand. He stated that the netting is only in front of the grandstand and there will continue to be foul balls. Martin asked for input on the matters before the Council tonight. She stated that the Council appreciated the input from the residents and those from Plymouth at the last meeting and since that time they further explored the concepts of a fence and where the property line exists. She asked that the accusatory comments stop and asked for the input on the matter of the fence. Sanke stated that he would like to finish his comments. Martin stated that the Council has heard these comments before and the intent tonight is to find a solution, noting that speakers were asked to limit their comments to three minutes. Sanke referenced additional comments that he believed to be inaccurate related to parking and traffic concerns and how busy public works staff is. He referenced a statement that was made by a representative from HAC at the last meeting related to how someone going onto his private property could require a lawsuit, noting that he would need to pay and then sue HAC to be covered by their insurance. He stated that he has run out of patience for a lack of empathy for the residents in this area. He commented that the residents in this area and in Plymouth do not benefit from this improvement and therefore the City can buy his property if they like. Martin asked if the resident would like to have input on the fence. Sanke commented that he does not see that as a solution that would resolve the problem. He stated that he and his neighbor that just spoke have been talking to an attorney. Martin commented that the Council is seeking the input from these residents related to the fence. Sanke stated that he would prefer the fence on his side of the trees and would grant an easement to the City, at no cost, for the construction of the fence. He also agreed that he would sign a written agreement agreeing to maintain the fence. Medina City Council Meeting Minutes October 4, 2022 10 Albers asked what would occur if the property were to be sold. Martin commented that there could be covenants of record related to the fence and ongoing maintenance. Albers stated that there are only two property owners involved in this discussion but there are two more property owners that the fence may encroach upon that have not provided input. He noted that an easement would be necessary from the other two property owners in order to move forward on that path. DesLauriers asked if Sanke would be in agreement with a privacy fence just along the back side of the property. He noted that the previous resident wanted both sides as well. Sanke replied that as long as the privacy fence was six feet in height and went along all four properties, he would agree with that. Martin commented that the Council cannot commit to building a fence on other private properties without the same agreements related to easement and ongoing maintenance. Sanke commented that if the fence is stopped at the edge of his property, people would cut through at that location. Cavanaugh commented that he would recommend that the solid cedar privacy fence be built for the first 200 feet on the property owner’s side of the property with a chain link fence for the remainder as the other homes do not back up to the grandstand. He stated that would keep people from cutting through and would allow people to move around on the park side but would keep a barrier on the side of the homes. He commented that the chain link portion of the fence could run alongside the park side of the trees. Scherer commented that staff would have to look at that to determine where the fence could transition to City property. Martin commented that if they were to proceed with a proposal it would be contingent upon the permitting of the new grandstand and would be an expense of the Hawks and HAC. She commented that the fencing improvements would not come without the grandstand, therefore if the grandstand is not built, the fence would not be built. Dan Kelly, Hamel Athletic Club, stated that he reviewed the materials prepared by City staff as well as the discussion tonight. He asked that the Council focus on the request tonight, noting that the conditions should focus on the change in use (grandstand). He stated that there is already a park, baseball fields, parking lot, and two bars. He referenced the comments submitted by a resident dated September 28th related to trespassing through his yard from patrons of the VFW going for a stroll in the park. He commented that there was no baseball activity in the park on the nights mentioned in that letter. He stated that looking at the issues raised tonight, one was drunk people. He stated that does not pertain to the youth sports players or their parents. He noted that issue is related to the bar that the resident lives near. He stated that issue should not be tied to this request for the ballfield. He noted that the second issue was trespassing and believed that the comments of Albers best addressed that in that for this Medina City Council Meeting Minutes October 4, 2022 11 project the trespassing should be from the parking lot/baseball field which is prevented through a chain link fence on the City side of the trees in the park. He noted that garbage from trespassers was also mentioned, which again has not been demonstrated to be baseball related as beer cans were repeatedly mentioned. He stated that headlights were mentioned but noted that the resident purchased a home with a parking lot behind it and should have anticipated that issue. He stated that the parking lot existed before he purchased his home and he should have expected that to continue, noting that it is not a result of the change in use. He referenced the comment related to baseballs going into yards. He noted that the highest risk of a baseball in the yard is right now as the yards are less protected right now than they would be with the grandstand and netting. He stated that if a six-foot chain-link fence were added, those yards would be further protected. He asked that the Council focus on the conditions that should be placed upon the permit from the change in use, rather than to the existing issues caused by things that already exist. He suggested a chain link fence from the corner to the batting cages as that would match the existing fence, provide protection, and would require little maintenance. He believed that would be a fair compromise between HAC and the concerns raised. Reid asked if HAC feels that there is a need for the grandstand. Kelly agreed that they feel that would be a nice amenity for those that are currently bringing in their own chairs to watch games. Martin commented that there will most likely be an increased number of bodies at certain times of the year due to the activities that can be held with the grandstand. She asked if it would then seem reasonable that there could be an increased potential for litter, traffic issues, etc. Kelly commented that the parking lot at Fortin only has so many stalls and therefore the lighting from vehicles would not increase. He believed that parking would continue to be discussed as previously mentioned. He commented that the games end at 10 p.m. and the lighting is turned off at that time. He stated that there are games Mondays through Thursday and therefore he did not believe the use would increase. He stated that he has been going to the park for many years, four days per week, and has not seen people trespassing through yards to get to games. He stated that if there are people going through yards that are drunk and dropping beer cans, that would most likely be resulting from the two nearby bars and not the youth baseball attendees. He did not believe the grandstand would increase that issue as he did not believe that to be a youth baseball driven problem. Martin reviewed the possible actions the Council could consider. She noted that two of the property owners would find it acceptable to have a privacy fence constructed on their property, at the expense of someone else, without charging for that easement and agreeing to long-term maintenance. She asked if the Council chooses that option for those two property owners, would the City then make the same offer for the next two property owners, or transition to a chain link fence on the City side of the property line for the remainder. She again provided a list of options related to fencing that the Council could recommend. Medina City Council Meeting Minutes October 4, 2022 12 Cavanaugh stated that the statement could be made that a privacy fence would be required, provided that the required easement/maintenance agreements be executed and if that is not done, the chain link fence could be constructed on the City property. Martin noted that those other two properties have been notified and have not provided input or expressed concern throughout this process, therefore, to add additional expense to solve someone else’s problem does not seem to make sense. She stated that one of those properties had a privacy fence and felt it not necessary to maintain it. Cavanaugh asked if Martin would support chain link fence for the remainder, after those two properties. Albers commented that this is being complicated. He stated that he would prefer to build the six-foot chain-link fence along the City property. Reid stated that she prefers the look of a privacy fence. DesLauriers agrees with Albers that the chain link fence would be the best option as it would blend with the fencing already at the park. He stated that the City should remain consistent with fencing on its own property and the same type of fencing that is in the park. He noted that this would also not require any easements or maintenance from other property owners. Martin confirmed that Reid would also agree with that option. Cavanaugh commented that he believes that there is enough activity in the parking lot to require a privacy fence for the first 200 feet. He stated that if the choice is a chain link fence or nothing, he would support the chain link. He commented that there are also trees screening and did not think the transition to chain link would impact aesthetics. Albers stated that perhaps the privacy fence for 200 feet is placed on the City side as he is not in favor of placing fencing on private property and trying to get easements. Cavanaugh stated that perhaps the option is given to provide the easement and if that is not done, the chain link would be placed on the City side. He noted that the issue appears to be with the first two properties and in order to simplify this he believes the privacy fence should be placed on their property and then transitioned to City property. Albers stated that he believes the issue is being complicated with the issue of easements and transitioning from private property to City property. He noted on the north side of the properties there is no privacy fence. Cavanaugh commented that the rest of the properties along the north are commercial versus residential. He asked if buildings back up to the property line on Sonny’s and therefore people will not walk through that property. Scherer commented that people walk through Sonny’s property right now. Albers believed it would be cleaner to use chain link all the way down on the City property. Medina City Council Meeting Minutes October 4, 2022 13 Martin commented that makes sense. She stated that Cavanaugh is mentioning issues with the parking lot and lights which existed for years and therefore someone purchasing a property should have observed that when they purchased their home. She did not feel a need to construct a solid wall. She stated that there seems to be consensus for the option of the six-foot chain-link fence along the City property and additional trees to be planted in the gaps. Cavanaugh asked if there is netting that can be added to chain link fence as a privacy barrier. DesLauriers stated that there are some that are tied to the fence as wind barriers. Cavanaugh asked if that could be added. Scherer stated that could be an option but believed the trees would add more benefit. Martin asked if HAC would like to speak to this potential option. Kelly commented that their preference would be to have fencing for the first 200 feet. He noted that the other property owners have not spoken and perhaps do not want a fence. He stated that they would support the 200 feet as those are the homeowners that have expressed concern and that would be closest to the grandstand. He stated that he would argue that the remainder of the fencing would have nothing to do with Fortin Field. He noted that the kids that play in the smaller fields have nothing to do with the grandstand. He asked that the conditions be focused on the change in use of Fortin Field specifically. He commented on the increased need for maintenance with slats in a chain link fence. He commented that this is a significant project run by volunteers and they would prefer to devote their funds to the benefit of the fields. DesLauriers disagreed but stated that perhaps the last two homes are optional as those property owners may not want the fence. Reid agreed. Albers stated that he could also support that. Cavanaugh commented that those coming from the VFW or Legion would probably cut through where there is a gap in the fence. Martin asked why people would walk in that direction. Kelly commented that people do not park at the VFW to come to the ballpark. He stated that when Fox 9 featured the field, they did offer a shuttle from the VFW but otherwise the parking at the VFW is not a part of Hamel baseball. Sanke commented that is not true because people park wherever they find space, which can be at the VFW. He commented that people will cut across where there is a gap in the fence. Albers proposed that the chain link fence be constructed on the City property for the first 200 feet and with the City contributing the cost for the remainder of the fence. He stated Medina City Council Meeting Minutes October 4, 2022 14 that would mean that HAC would not be responsible for the entire cost of the fence and that would solve the trespassing issue. He agreed that baseball is not causing the issue from the bars, but the fence would prevent people from trespassing. He agreed that the screening should be filled in with trees where needed along the northside properties. He stated that he would propose the fence from the corner to the east to Brockton. He stated that would enclose the park and those properties would be secluded from patrons of the park. Cavanaugh provided input on the location for the fence, noting that one property owner may want to better align that with his property. Martin agreed that alignment could include input from that property owner. 1. Resolution 2022-76 Granting CUP Approval for Construction of a Covered Grandstand at 3200 Mill Drive Moved by Albers, seconded by DesLauriers, to adopt the Resolution 2022-76 Granting Conditional Use Permit Approval for Construction of a Covered Grandstand in Hamel Legion Park with the condition that the applicant be responsible for a six-foot chain-link fence along or near the first 200 feet of the eastern property line of the park from the northeast corner and direct staff to determine whether additional screening would be appropriate for the length of the parking lot. Motion passed unanimously. Moved by Albers, seconded by Martin, for the City to construct and fund a six-foot chain- link fence for the remaining 267 feet with additional fencing to the east dependent on discussions with the owners of those properties adjacent to that area of the proposed fence. Further discussion: Cavanaugh asked if the property on the south side did not desire a fence, would the Council be okay with that. It was the consensus of the Council that it would agree that a fence would not be necessary on that property if the property owner did not desire that fence. Motion passed unanimously. Martin restated and confirmed the original motion that was made by Albers and seconded by DesLauriers. IX. NEW BUSINESS A. Pioneer Highlands Preliminary Plat (9:04 p.m.) Johnson stated that the applicant is requesting a rural subdivision of 68 acres to create four rural lots. He identified the subject property which is currently vacant and farmed. He verified the correct PID number for the property which is located on Pioneer Trail. Finke displayed an aerial photo of the property which is surrounded by rural residential properties with the exception of future business to the north. He stated that information was provided related to the soils and septic sites. He stated that this property is located within two watersheds and the Pioneer Sarah Watershed is taking control of the review. He stated that the Park Commission recommended cash in lieu of land dedication. He reported that the Planning Commission held a public hearing where some residents provided input on stormwater and there were conditions developed to support those Medina City Council Meeting Minutes October 4, 2022 15 concerns. He stated that staff recommends approval subject to the conditions noted within the report. Cavanaugh asked if there would be any chance that there would be a trail along Pioneer Trail. Finke stated that the parks and trails plan includes a bikeable shoulder for Pioneer Trail and staff believes that the right-of-way would support that. He commented that there is a lot of topography and wetlands on this side of the road and therefore an off-road trail would be unlikely. Moved by Reid, seconded by DesLauriers, to direct staff to prepare a resolution granting preliminary plat approval, subject to the conditions noted in the staff report. Motion passed unanimously. B. Tim and Megan Elam – 1582 Homestead Trail – Conditional Use Permit (9:10 p.m.) Johnson stated that the applicants are requesting a Conditional Use Permit (CUP) to construct a 160 foot by 160-foot accessory structure at 1582 Homestead Trail. He stated that the property is over five acres in size and therefore this type of structure would be allowed through a CUP. Martin stated that a revised proposed resolution granting approval of the CUP was received today that includes additional language. Finke stated that the architectural plans for the accessory building and landscaping plan were provided in the staff report. He stated that in order to have more than 5,000 square feet of accessory buildings, a CUP would be required. He stated that stormwater management and higher architectural standards are required as part of the CUP and have been included in the plans. He reviewed items that were added as conditions after review by staff and the Planning Commission in order to minimize the impacts on adjacent property. He stated that the Planning Commission held a public hearing in September and unanimously recommended approval. He confirmed that additional language was added to the revised resolution and that is the item that the Council should take action on tonight. Cavanaugh commented that this looks like a beautiful plan. Martin agreed that the architecture was lovely and appreciated the modified landscaping plan to appease the neighbors. 1. Resolution 2022-77 Granting CUP Amendment to Tim and Megan Elam Moved by Albers, seconded by Cavanaugh, to adopt the revised Resolution 2022-77 Granting Conditional Use Permit Amendment to Tim and Megan Elam. Motion passed unanimously. Martin briefly recessed the meeting. Martin reconvened the meeting. C. Target – 300 Clydesdale Trail – PUD Amendment (9:20 p.m.) Medina City Council Meeting Minutes October 4, 2022 16 Johnson stated that the applicant has requested an amendment to the PUD to allow additional signage directing patrons to their drive-up service. Finke provided additional details on the requested signage that direct people to the east end of the building, noting that employees would then not need to cross into the parking lot to bring items out. He reviewed the existing sign allowance through the PUD. He stated that staff believes that it would be beneficial to allow the additional signs as requested as well as additional signage on the façade to provide more flexibility. He stated that the signage would still remain under the square footage allowed under normal standards. He reported that the Planning Commission held a public hearing with no public testimony and unanimously recommended approval. Cavanaugh thanked staff for thinking about the future and being flexible for the business that may come. 1. Ordinance 693 Amending the Medina Clydesdale Marketplace PUD Moved by Albers, seconded by Martin, to adopt the Ordinance 693 Amending the Medina Clydesdale Marketplace PUD Related to Signage at 300 Clydesdale Trail. Motion passed unanimously. 2. Resolution 2022-78 Authorizing Publication of Ordinance by Title and Summary Moved by Albers, seconded by Martin, to adopt the Resolution 2022-78 Authorizing Publication by Title and Summary. Motion passed unanimously. D. THC Licensing Ordinance (9:24 p.m.) Johnson stated that in 2022 the legislature passed legislation which allows certain THC products to be sold legally. He stated that because the legislator did not include regulations, many cities have developed their own regulations to govern that activity. He stated that the City tends to establish a licensing program which would govern those entities that wish to sell those products, similar to the licensing for the sale of tobacco and liquor products. He stated that Nelson stated that the State law does not identify a minimum age for customers of these products and therefore he would like to see a minimum age of 18 or 21 to use or possess THC products. Martin stated that Anderson further explained the issue to her today and after thinking a bit more she questioned whether this ordinance would affect the sale of non-intoxicating THC products, such as cream. DesLauriers commented that those products have CBD. Anderson commented that the intent of the ordinance is to require licensure for businesses in Medina that want to sell THC products to the general public. He reviewed the definition of those products. He stated that businesses have been and could continue to sell CBD products as those are non-intoxicating and not included in the definition. He stated that the State law specifies that the products only be sold to those 21 and older. He stated that State law does not prohibit use or possession of these products for any age group and therefore he would agree with the recommendation of Nelson to include language that prohibits use or possession of these products by those under 18. He reviewed the actions different cities are choosing to take and noted that staff recommends this licensing program to allow what State law authorizes. He stated Medina City Council Meeting Minutes October 4, 2022 17 that if the Council desires to prohibit the use/possession by those under 18, or 21, the Council should direct staff to revise the ordinance and bring it back. DesLauriers asked the difference between a 5 mg THC gummy and smoking marijuana. Anderson replied that edibles can be sold by retailers and consumed by the general public. He stated that possession of under 42 grams or marijuana would be considered a petty misdemeanor, therefore it is not a crime but would result in payment of a fine. He stated that the recent direction of law enforcement, including Hennepin County, has been not to site people for small amounts or marijuana but noted that is a policy decision of each department. DesLauriers commented that at James J. Hill Days in Wayzata there was a table selling THC edibles. He believed that the brightly colored packaging was attractive to children. He asked if, similar to vaping, whether the City would be able to not allow retailers to sell these products. Anderson confirmed that cities would have the ability to prohibit the sale of those products but noted that does not mean it would not go unchallenged. He stated that does not mean the products would not be in the community as they could be purchased in other communities. He stated that some cities have adopted moratoriums and some of those have been challenged but have not yet been litigated. Cavanaugh asked if the City were to place a moratorium for one year would that potentially result in less challenges than outright prohibiting the sale. He stated that perhaps the State will develop regulations during that year. Martin commented that perhaps the City should begin with regulating as suggested and making it illegal for persons under a certain age to possess/consume these products. She stated that she does not want to be the first city challenged on outlawing the sale. She stated that the licensing would require retailers to meet certain criteria. She stated that it could be reviewed in one year to determine if a different course is desired. Cavanaugh asked if the City would be less likely to be challenged if a moratorium were enacted. Martin commented that she is unsure what the moratorium would be for if the desire is simply to wait for additional regulation by the State. Anderson explained that the intent of a moratorium is to press pause, maintain the status quo and study the issue to determine what is best for the City. He stated that would be fine for the City to do, but the moratorium would need to be adopted under that rationale rather than stating that the City is waiting for the State to take action. He could not answer what the likelihood of a lawsuit would be. He stated that to the knowledge of Nelson there are no retailers in Medina that sell these products at this time and the point would be to get ahead of retailers that may wish to do so in the future. He stated that it would be a similar regulation to the sale of tobacco and liquor. Martin asked how a moratorium would be worded. Medina City Council Meeting Minutes October 4, 2022 18 Anderson stated that the moratorium would be against the sale of these products for up to one year to allow staff to research methods of regulation. Martin confirmed the consensus of the Council to support the moratorium. Johnson confirmed that staff has sufficient direction and can bring this back to a future Council Meeting on the consent agenda. DesLauriers commented that he would still desire action related to the possession/consumption of those products for those under 18 or 21. Anderson commented that would be a simple ordinance that staff could prepare and present to the Council at the next meeting. It was the consensus of the Council to set the age at 21 and that the incident would be a petty misdemeanor. E. Mediacom Franchise Extension (9:46 p.m.) Johnson presented an ordinance which would extend the Mediacom franchise for a five- year period. He noted that staff continues to look for additional options for cable franchise and broadband service for residents and businesses of Medina. 1. Ordinance 694 Granting Mediacom Franchise Extension Moved by DesLauriers, seconded by Albers, to adopt the Ordinance 694 Granting Mediacom Minnesota LLC a Franchise Extension through January 1, 2029. Motion passed unanimously. 2. Resolution 2022-79 Authorizing Publication of Ordinance by Title and Summary Moved by DesLauriers, seconded by Reid, to adopt the Resolution 2022-79 Authorizing Publication by Title and Summary. Motion passed unanimously. X. CITY ADMINISTRATOR REPORT (9:47 p.m.) Johnson reminded the Council of the virtual meeting testing that will occur this coming week for those interested. Albers noted that he is not interested as he would not meet the equipment requirements. Martin commented that it seems that the equipment requirements are a bit much. Albers agreed and noted that he has no problem participating virtually through any formats. Johnson explained that it is an issue with audio and the equipment/programming that the City is using to allow virtual participation during a live meeting. XI. MAYOR & CITY COUNCIL REPORTS (9:50 p.m.) Martin encouraged Council participation in the North Metro Mayors meetings. She provided an update about a meeting she attended with Loram and how their proposed development fits or does not fit with the wetland regulations. Medina City Council Meeting Minutes October 4, 2022 19 XII. APPROVAL TO PAY THE BILLS (9:53 p.m.) Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006542E-006557E for $68,630.69, order check numbers 053449-053490 for $94,411.42, and payroll EFT 0512183-0512211 for $57,132.97. Motion passed unanimously. 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 DesLauriers, to adjourn the meeting to closed session at 9:54 p.m. for an attorney-client privileged discussion on litigation related to zoning violation at 2402 State Highway 55 pursuant to Minn. Stat. 13D.05, Subd. 3(b). Further discussion: Cavanaugh noted that he will be recusing himself from this discussion. Motion passed unanimously. The meeting returned to open session at 9:55 p.m. XIV. CLOSED SESSION: CITY ADMINISTRATOR ANNUAL PERFORMANCE REVIEW PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(A) Moved by DesLauriers, seconded by Reid, to adjourn the meeting to closed session at 9:56 p.m. to conduct a City Administrator annual performance review pursuant to Minn. Stat. 13D.05, Subd. 3(a). Motion passed unanimously. The meeting returned to open session at 11:07 p.m. XV. ADJOURN Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 11:08 p.m. Motion passed unanimously. __________________________________ Kathy Martin, Mayor Attest: ____________________________________ Scott Johnson, City Administrator