Loading...
HomeMy Public PortalAbout09.20.2022 City Council Meeting MinutesMedina City Council Meeting Minutes September 20, 2022 1 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 20, 2022 The City Council of Medina, Minnesota met in regular session on September 20, 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. 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 Chief of Police Jason Nelson. 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 (7:01 p.m.) A. Approval of the September 6, 2022 Work Session City Council Meeting Minutes Moved by Albers, seconded by Cavanaugh, to approve the September 6, 2022 work session City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the September 6, 2022 Regular City Council Meeting Minutes Moved by Albers, seconded by Reid, to approve the September 6, 2022 regular City Council meeting minutes as presented. Motion passed unanimously. V. CONSENT AGENDA (7:02 p.m.) A. Approve Brush Grinding Agreement with YTS Clearing Moved by Cavanaugh, seconded by Albers, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS (7:03 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer reported that the Commission has not met since the last Council update. He provided an update on the Celebration Day event that occurred. He stated that they are also working to mark the easements for the Deerhill Preserve trail. Martin congratulated everyone that contributed and volunteered for Celebration Day as it was a great event. Medina City Council Meeting Minutes September 20, 2022 2 C. Planning Commission Planning Commissioner Jacob reported that the Planning Commission met the previous week to consider a rural subdivision request, which the Commission recommended for approval. He stated that the Commission also recommended approval of a request for a CUP for an accessory building to be used for storage and a PUD amendment to allow additional signage for Target to direct customers to the drive-up area. He noted that the Commission had a lengthy discussion on the request from the Hamel Hawks for a grandstand at the park. He noted that many residents voiced concern with traffic and safety from additional park visitors and ultimately the Commission recommended denial of the request. DesLauriers agreed that was a good summary of the meeting. He clarified that the grandstand request was submitted by both the Hamel Athletic Club and the Hamel Hawks. VII. NEW BUSINESS A. Hamel Legion Park – Grandstand at Paul Fortin Field Concept Review (7:09 p.m.) Johnson stated that the request is for a concept review of a covered grandstand at Paul Fortin Field at Hamel Legion Park. He noted that the Council added this project to the CIP for 2023 with no funding from the City as the Hamel Athletic Club (HAC) and Hamel Hawks originally stated that they would be fully funding the project. He stated that the estimated cost for the grandstand improvement is $570,141 and the group has now requested partnership from the City on the project cost. Finke stated that there are a number of related and separate actions suggested for consideration this evening. He stated that Hamel Legion Park is a City park, and the proposal would be to construct the grandstand which would be donated as an amenity to the park. He stated that the first question would be whether to allow the grandstand while the second would be related to the funding request. He stated that the letter from HAC requests a partnership from the City of 20 percent which would equate to $120,767. He reviewed the proposed location for the grandstand within the park at Paul Fortin field. He noted that both the Park Commission and Planning Commission reviewed the request with the Park Commission recommending against financial contribution. He stated that the Park Commission recommended further review about the potential impacts of the grandstand and whether that is a desired amenity for the park. He acknowledged that the grandstand would add value to the baseball uses within the park but benefit to the other uses in the park would be limited in terms of added value. He stated that staff does not believe that the grandstand would significantly intensify the traffic and baseball use of the park. He stated that staff does recommend additional discussion related to traffic and how peak use of the baseball fields could be mitigated, whether or not the grandstand is approved, in order to mitigate the impact of the park on adjacent residents. He stated that this improvement was not contemplated for park dedication or within the CIP in terms of financing. He stated that it was also requested that the City waive review fees and complete some of the preparation site work. He stated that because of the limited capacity of staff in daily operations and other City projects, public works would not like to see that additional requirement placed upon that department. He stated that ultimately a CUP would be required to allow the grandstand and additional conditions could be placed upon the approval as noted in the staff report. Medina City Council Meeting Minutes September 20, 2022 3 Martin asked that the discussion begin with the grandstand use. Cavanaugh commented that he does not have any questions as he was able to see the Park Commission presentation and believed this to be a well thought out use. Martin referenced an email comment from a resident that mentioned possible use of the grandstand for music events and how that could be disruptive to the neighboring residents. She explained that this would be a City park and amenity and therefore would only be available for that use if it was contracted through the City. Finke confirmed that music in the park would require a permit for exclusive use of the park for an event, which would also require City review and involvement. Martin asked if the field with the grandstand would be exclusively used by the Hawks or whether HAC would also use that field. Scherer stated that there is a HAC youth 14-16 group that uses that field but other children do not use that field because of the related size requirements for different age groups. Martin asked if a high school desired to use the field, would they require a permit. Scherer confirmed that an agreement would be required, and the City would ensure there would not be a conflict between the already permitted uses of the field. Martin asked if the contracts with HAC and the Hawks are annual, which means that there can be continual reviews to ensure concerns with parking are addressed. Scherer confirmed that typically occurs in the beginning of the year. Albers asked the maximum amount of traffic that is generated during the baseball season when six to eight fields are being used. He believed that should be studied further. Martin asked how parking for baseball would compare to the parking and traffic from Celebration Day. DesLauriers stated that the difference for the event is that the parking is spread out and near the parking. Johnson stated that they average about 1,000 people for Celebration Day, but that is more spread out than baseball. DesLauriers stated that there are 650 kids in the program and those kids are spread out on different nights of the week. He stated that perhaps with visitors watching those kids play there would be 500 people on a given night. He believed that the issue was related more to the fields near Brockton and then people park on the streets. Martin asked for input on the funding request and whether the Council feels that the City should participate in the funding should the grandstand move forward. Medina City Council Meeting Minutes September 20, 2022 4 Cavanaugh stated that when the original proposal came forward it was supposed to be fully funded by HAC and the Hawks and therefore, he would not support a contribution of funds. Albers noted that there are really three funding requests between the contribution to the cost, waiver of fees, and site work. Scherer stated that public works is fully booked with the upcoming City projects and cannot do any more work for the next few years. DesLauriers stated that he agrees with Cavanaugh that nothing was requested in the original request. He believes that HAC and the Hawks could fund the project. He did not support use of public works staff but noted that he would support waiving the review and permitting process fees. He noted that this would be an amenity in the park that would eventually be owned by the City. Reid stated that because the groups originally proposed to fund the project themselves, she does not believe the City should be asked to make a monetary contribution. She stated that she would agree to waiving fees if that could be done but would not support contribution of public works time towards construction. Martin confirmed the consensus of the Council to not contribute towards the project cost, to not use public works for any of the construction process, but to potentially waive review and permitting fees up to $10,000. Finke believed that the review and permitting costs would fall under $10,000. Martin stated that the factual question would be whether the grandstand would negatively impact adjacent properties or impact traffic and parking issues. She stated that if they were to proceed, they would need to have additional discussion related to monitoring and ensuring that the parking lots are utilized rather than adjacent roads. She noted that parking spaces were created along the west side of Brockton to support additional parking. She stated that they could work with the users of the park to keep parking within the parking lot and other allowed areas. Cavanaugh asked if there was an email that stated that the use of the park would not be increased because of the grandstand. Finke confirmed that there was an email from HAC and the Hawks stating that the use of the park would not change because of the grandstand. He confirmed that staff agrees that it would be reasonable to conclude that one of the eight fields would not substantially increase in attendance because of the grandstand. He noted that the grandstand use would be maximized when there is less use of the other fields. Albers asked if the applicant had shared how the number of seats had been calculated for the grandstand and how that would compare to a typical Tuesday night game. DesLauriers commented that in passing the ball field, he rarely sees more than 50 people watching a game and there is plenty of parking in the parking lot available. Medina City Council Meeting Minutes September 20, 2022 5 Martin invited members of the public to speak. Brad Sanke, 4665 Brockton Lane, commented that his backyard faces the grandstand which is proposed to be built 100 feet from his property line. He stated that he and his family enjoy the park and his children played baseball and participated in tournaments. He stated that although he enjoys the park, he does not enjoy the trash that is left in the park and on his property. He stated that there are currently 179 parking stalls at the park, plus the handicap spaces. He provided calculations on the number of children and adults in attendance at a recent game, along with the number of vehicles in the parking lot. He did not believe that community center parking should be counted as there are signs stating that parking is only for community center use. He noted that the bank has an additional 40 spaces, which is still not enough. He asked where other users of the park would find spaces to park when baseball is going on and if additional handicap spaces would be necessary to support the grandstand. He noted previous mention by the Council of a five-year plan from HAC and provided a document he was able to find on the HAC website. He noted that the website also includes musical use of the grandstand. He read information on the website that provides additional information on the proposed increase in use from the grandstand, which estimates an increase in park users by 15,000 and over 100 additional people per game. He provided additional details on the plans of HAC for increased use of the park and also provided examples of illegal parking by park users. He stated that if the project is approved, he would like the City to pay for a new fence and landscaping to better screen his yard. He asked that the City vote against the proposal for the grandstand. Jim Tiller, 145 Hamel Road, commented that Paul Fortin field is 96 years old and has been an important part of Hamel and Medina. He stated that the field was donated to the City by the Hamel American Legion which formed the nucleus of what is now Hamel Legion Park. He stated that there are a lot of things that happen in Hamel over the years which cause traffic and parking and provided different examples, noting that those bring in visitors, but it also seems to work. He referenced the high numbers of visitors proposed to be generated mentioned by the previous speaker and stated that those seem to be very optimistic numbers. He stated that there may be times when a large crowd would be generated, but that would not be the typical level. He believed that Hamel Legion Park is an asset to the community and the Council should support the improvement. Chris Sele, 4685 Brockton Lane, commented that he will be most impacted by this project as he has the most yardage by the field. He stated that he is concerned with the lack of data that has been involved in this decision and was also concerned with the information presented by his neighbor about the HAC projections for use. He stated that after consultation with his real estate and land use attorneys has determined that this would be detrimental to the value of his home and property. He provided background information on his family and the challenges that they face with medical issues. He stated that he is a supporter of the park and the Hamel Hawks and wants the park to continue to be a gem of Medina. He asked that the Council not allow the grandstand to be built. He noted that since he purchased his home in 2020, his home was already devalued by $15,000 in 2021 because of the parking and other concerns of the park. He stated that if there is no anticipated increase in use of the grandstand, why would the association want to spend the money to build it. He stated that his children’s playset is ten feet from the property line, and he is concerned with liability from children at the park coming to play on his property. He stated that short of purchasing his home and the Medina City Council Meeting Minutes September 20, 2022 6 other five neighbors to create additional parking, he does not see how this could move forward. He stated that he is a cancer patient and has seizures and often has medical emergencies that require emergency vehicles, which is a challenge when people are parking on both sides of his street. He believed that this process is misinformed and under evaluated. He stated that if this moves forward, he expects help from the City to address his concerns with the devaluation of his property, safety of his property and issues with parking. He asked that the City build a fence on his property to keep people off his private property. Chad Hendrickson, 4515 Alvarado, Plymouth, agreed with the two previous statements noting that his concerns are related to the park management and the use of the quad fields. He provided examples of parking that occurs in his neighborhood which is often used for overflow parking. He stated that they have communicated with the Plymouth Police Chief that has provided input on the abundance of traffic that is brought into his neighborhood. He stated that prior to granting any approval, the management of the park and activities within should be addressed. He noted that even though there is not a large increase in traffic and activity anticipated, there is very little room for any additional use. Tom Fox, 3418 Elm Creek Drive, stated that himself and his family started attending the Hamel Hawks games about two years ago. He stated that this has been a wonderful discovery and they enjoy going to the games. He believed that the Hamel Hawks are a great asset to the community. He stated that many of the residents in the nearby senior building enjoy attending the games. He believed that the grandstand would increase the enjoyability of those attending the games and would provide a safer viewing platform. He noted that attendance at the game can increase with or without the grandstand. He stated that the other teams have fields that have figured out how to have this type of asset to allow viewers to enjoy the games in a more comfortable and safer environment. Martin stated that there are bleachers at the field and asked if those are used. Fox stated that those bleachers are used but do not provide shade or protection from foul balls. Martin stated that this structure is proposed to be 30 feet high on the game side and slightly less on the backside and asked how that compares to the seating at other fields. Fox replied that the Watertown structure would be similar while the Delano structure is bigger than what is proposed. Martin commented that some of the neighbors have spoken about the impact and asked if the structures on other fields are similar in proximity and whether there is fencing or landscaping for screening. Fox commented that Delano is not near neighborhoods, but Watertown and Cold Spring have fields in the neighborhoods and those communities recognize this as a value to their community. He stated that perhaps there is chain link fencing behind the grandstand. He stated that the park will be used and is being used. He did not believe that a few extra people watching a Hawks game would compare to the usage when HAC is using the fields on regular baseball game nights. He stated that when people live next Medina City Council Meeting Minutes September 20, 2022 7 to a park, they should anticipate use of the park. He stated that many communities have this type of amenity and is not sure why Hamel could not also have this amenity. DesLauriers asked the average number of spectators at a Hawks game. Fox replied that attendance has increased over the past three years with COVID and people looking for things to do outside. He estimated 50 to 75, with perhaps 100 on busier nights. DesLauriers asked for input on the parking available at those games. Fox replied that parking near the field is problematic as if you are parked too close, a baseball could go through your window, therefore people tend not to park there. He stated that people park at the bank, the Hamel Community Building, or in the dirt lot. Rohini Khanna, 4525 Alvarado, Plymouth, stated that they chose to move here because of the park, and they love being so close. She stated that they walk their dogs six times a day and love seeing the families in the area. She stated that they could not be more thrilled that the problem is that families want to be outside and use the park. She did not believe the issue is parking, but that it is programing. She asked for the guidance of the Council in managing the programing and time between the baseball games. She did not believe the issue was the number of people, but management of the field use. She reiterated the issues of safety, policing, and use of no parking zone signs in neighborhoods. She stated that she has provided innovative ideas to HAC to address the parking issues such as reduced fees for carpooling. She stated that there is property damage from vehicles parking on lawns and safety concerns as vehicles are blocking hydrants. She recognized that this may not be the right venue but appreciated any cooperation that could be gained to find solutions. Barb Northway, 4615 Alvarado, Plymouth, stated that at the Planning Commission meeting she made the statement that she felt the park is over programed at times. She provided an example of this noting that there are six diamond fields at the park that are used on a given night for practices and games and in addition there are four more games occurring in the outfields of the quad complex. She stated that those additional quad outfield games cause the issue because of the number of visitors that are watching those young children. She was concerned how this would relate to the grandstand and the additional programming that could happen. She stated that it is within the jurisdiction of the City to control the activities in the park and asked the City to exercise that control in its contracts. DesLauriers stated that there is a contract with HAC and the Council should review that before it is time for renewal. Pat Truax, President of HAC, stated that he has been a part of HAC for four years. He stated that he enjoys seeing the joy, positivity, confidence building, and relationships formed through this program. He stated that they are a volunteer organization and proud of the work they do and the program they run. He stated that following COVID, people enjoy getting out and watching their kids play. He stated that they are not proposing to add a new field and would instead add a tremendous asset to the park. He stated that the grandstand project would not impact the parking challenges that exist, noting that they are mutually exclusive. He stated that they are not hiding the fact that Medina City Council Meeting Minutes September 20, 2022 8 there are parking challenges as there is a tremendous following and participation in their program. He stated that they have taken a number of steps to address those issues. He stated that they lost one of their main fields this year, which was a huge challenge and they attempted to space out games and practices and even hired the Medina Police Department to assist during their busiest times. He stated that they have worked with the bank to share that lot, as well as the additional lot at the end of Mill Street. He stated that if families would utilize the parking that exists, they would not have these issues. He agreed that it is tough when people park in the Brockton neighborhood, but they do not have control over that issue. He stated that youth sports have these types of challenges, and it is not exclusive to Medina or Hamel. He noted that they send out multiple emails educating families and parents and asking them to utilize the available and overflow parking. He stated that they are committed to working with the Council and community to continue to address this issue. He stated that they cannot control how Plymouth enforces their parking, noting that they could sign their street to not park during certain hours. He noted that this grandstand would not be an issue for the parking as there is ample parking behind Fortin field. He stated that it is special to the community to be able to offer a park where kids of all ages can play. Martin asked how many of Truax’s children reside in Medina. Truax replied that his family lives in Maple Grove. He stated that for the program he does not have the numbers on the percentage of children in the program that reside in Medina. DesLauriers stated that the grandstand would have seating for 360 and asked why that number was chosen. Truax replied that the grandstand cannot be custom designed, and this is the model that would fit for the park. He commented that just because there is additional seating does not mean it would be seated to capacity. He noted that there may be tournament games or events like the Fox9 night where there are more people. He stated that the biggest benefit to this grandstand would be the increased enjoyment that this would provide for the people that come to watch the games already. He stated that the sightlines in the bleachers is not great and that is why people choose to bring chairs. DesLauriers stated that there are seven rows with about 50 people per row. He stated that perhaps if there were five rows that would reduce height and seating but understood that this is a design model that comes in this size. He asked if this project is fully funded. Truax replied that there is a great partnership with Hamel’s State Bank of Hamel, which has provided great terms for a loan for the project in addition to the contributions that have been received for this project. He confirmed that they could fund the project with or without funding from the City. Cavanaugh mentioned a comment from a resident about people coming through his yard or balls going into his yard and asked if the insurance of HAC would cover any issues of that type. Truax confirmed that the operations of the league, such as damage from a foul ball, would be covered by the insurance of HAC or the Hawks. He confirmed that if a child is Medina City Council Meeting Minutes September 20, 2022 9 chasing a foul ball into a yard and trips and falls, that would also be covered by the insurance. Martin asked if the cost of building a fence and landscaping behind the grandstand has been investigated. Truax stated that they have not investigated that, noting an estimate from a resident stated earlier tonight of $15,000. Martin stated that Sanke provided the Council with a printout that he stated was on the HAC website that estimated 200 to 300 new attendees per night as a result of the grandstand and asked how that would relate to parking. Truax stated that would not be from just the Hawks games. He explained that those games would occur once per night, as they are nine innings and therefore cannot be programmed in the same way as youth games, and there is sufficient parking available at Fortin field and with the overflow options previously mentioned. Martin asked for clarification as she did not see the link to 200 to 300 new attendees. DesLauriers believed that it was meant to allot a certain number per night and the total would add up over a week of time. Martin stated that the statement was 200 to 300 attendees per night with a goal of 15,000 visitors to the stadium each year. Truax commented that those are optimistic numbers. He stated that rather than just having one Hawks game on a weekend day or night, they would have one traveling team game on a night. He acknowledged that 200 people for a traveling game would be very optimistic and confirmed that those would not be doubled up with Hawks events and that field would only be used once per night. Martin referenced the statements used on the website related to the Waconia increase in visitors by 288 persons per night. Truax commented that the Hamel Hawks could potentially draw those numbers but that is very optimistic, and he did not believe that would happen immediately. He noted that the majority of the Hawks games are on weekends and therefore that would not impact the Legion field side of the park. Martin asked if the document was authored by the Hawks or HAC. Truax commented that the information was composed by HAC in an attempt to raise interest in the project, along with potential sponsorships. DesLauriers commented that as a former player, he knows that the balls go into the yards and asked if HAC could consider placing additional fencing. He noted that backstops could also be enhanced to prevent balls from going in that direction. Truax commented that there would be netting as a part of the grandstand project that would catch more baseballs than the existing setup. He stated that the current backstop Medina City Council Meeting Minutes September 20, 2022 10 is way behind home plate and therefore is not close enough to catch those foul balls. He stated that he would not attempt to say that foul balls could still not reach yards at times. Martin commented that the City does appreciate the things that HAC does for all the communities in this area. She stated that they also want to make sure that the public amenity is preserved and organized in a manner that works for a greater portion of the community than not. Noah Rowan, HAC, stated that they appreciate partnering with the City and the opportunity that provides for children. He noted that three of his children play in the program with a fourth starting next year. He commented that the lighting at the fields was another opportunity of a partnership that enhances the community and allows programing to be further spread out. He stated that Hunter field was not online this year for use, which impacted the use of the fields. He noted that they also rented fields in Corcoran to expand programing. He noted that the netting that would be added through this project would provide additional protection for viewers that is not provided by the current backstop. He noted that balls from Fortin also go into the little league fields and this project would reduce the occurrence of that happening. He confirmed that they would be willing to work with the neighbors to address their concerns as the desire is to provide a project that enhances the park and community. Martin expressed thanks for organizations like HAC that provide necessary programing for the youth that is not able to be provided by a city the size of Medina. She referenced the comments from residents suggesting that programming be better spread across days and times. She asked if the association has thought outside the box to alleviate these issues. Rowan commented that they do not deny that there is a demand for what they are offering and that is why they have partnered with public safety and have spoken to the City of Plymouth as well. He stated that they are open to additional items, noting again that they have rented fields in Corcoran even though that is not a preferred location. He stated that they also added lights to the little league field which allowed them to further spread out the game times. Cavanaugh asked the normal spacing between game times. Rowan estimated 15 to 30 minutes between games for younger players and about 45 minutes between games for the lighted fields. He noted that although they can play later with the lights, they also have the majority of the spring season during the school year, so it is difficult to schedule games for younger children later in the night when they are still going to school. Martin stated that she has not had children in the program and asked if the typical season is April to June. Rowan confirmed that is the regular little league season and they added additional opportunities for kids to play in a summer/fall season that has less demand. DesLauriers asked when early registration begins. Rowan replied that registration occurs in January/February. Medina City Council Meeting Minutes September 20, 2022 11 DesLauriers suggested that the contract be reviewed in November or December to ensure that any changes could be implemented. Rowan confirmed that they are open to cooperating to find a solution for these issues. Martin reiterated the position of the Council that if this moves forward, the City would not provide any funding towards the project with the caveat that the City could place a maximum amount on review fees of $10,000. She stated that regardless of whether the grandstand moves forward or not, the Council would still direct staff to engage in a discussion with interested parties to address the traffic and parking issues surrounding baseball use in and around the park and confirmed the consensus of the Council. She asked if the Council wished to approve the construction of the grandstand, noting that the CUP could have additional conditions. Albers reviewed the fencing that appear to currently exist at the park via the images available on Google Earth. Scherer provided details on trees that were planted in the park as part of the Lennar project. Albers stated that perhaps one of the conditions is to add fencing to alleviate the concerns of trespassing from the adjacent property owners. He stated that perhaps more of a privacy fence versus a chain link fence. He stated that if the CUP were to be granted, he believed that concern would need to be addressed. Cavanaugh agreed that a higher privacy fence would be critical, as there are currently people going through yards to get to the ballfields. He believed that a solid fence along the property line would be necessary. He also believed that HAC should have a policy that a ball over the fence is a lost ball to prevent people from going into yards. Reid agreed that a privacy fence would be a good idea. DesLauriers agreed that it would be a good idea and provided a suggested length of the fence. He noted that he would not want to go overboard on a fencing requirement as that could add a lot of cost to the project. Cavanaugh noted that wherever the fence is stopped is where the people will cross over. Albers commented that if this were to move forward, he would want to see the fencing added to the CUP as that would help to alleviate the concerns from the adjacent neighbors and he then could feel supportive of the grandstand moving forward. He agreed that the issue with parking still needs to be resolved and could be a part of the review of the contract for next year. He noted that perhaps programing is better spaced out and the number of games at one time is limited. He apologized noting that he must leave and excuse himself from the remainder of the meeting. Albers left the meeting at 8:56 p.m. Cavanaugh commented that one resident stated that the lights from the fields shine in his windows and ask if those come from the outfield. Medina City Council Meeting Minutes September 20, 2022 12 Sanke confirmed that the light does shine into the windows of those homes along the border. Martin referenced the comment that people that live near a park should expect to have activity and noise from the park. She asked when Sanke and his family moved into the neighborhood. Sanke replied that he will have owned his home for two years in December. Martin noted that the residents did purchase homes with the knowledge that there was baseball activity at the park. Sanke stated that he was aware of the activity but did not know it was to that extent. He stated that his concern is the excess that comes from the excess quantity of people, trash, and traffic. Martin asked the resident what he believes the appropriate height for a privacy fence would be. Sanke replied eight to ten feet. He stated that if it is a vinyl fence and balls are hitting it, he would question if the fence would be damaged. Cavanaugh noted that many of his comments have been addressed related to the backstop, insurance, programing, and other discussions tonight. He noted that whether the grandstand is added or not, traffic will remain at a similar level. He agreed that the privacy fence is a critical element. DesLauriers agreed with the comments of Cavanaugh. Reid agreed that the privacy fence could solve a lot of problems. She asked who would pay for the fence. Martin assumed that the fence would be part of the construction project and would be paid for by HAC. She recapped the thoughts thus far that there should be continued discussion related to traffic and parking from the baseball use. She stated that the Council would also want to ensure that future contracting includes and incorporates problem solving measures. She stated that perhaps the Council should also review the current HAC contract and discuss what could realistically be done with HAC. She recognized the benefit that HAC provides to the community, its youth, and the families of the community. She stated that it also appears that the Council would approve the construction of the grandstand, but that project would need to incorporate the netting and backstop as discussed tonight even though they were not shown in the drawings. She stated that the fence would also be required, recognizing that HAC may need to bring that back to its membership and discuss funding. She stated that a ceiling of $10,000 would also be placed on the review and permitting fees. Moved by Martin, seconded by DesLauriers, to direct staff to engage with interested parties (HAC, Hamel Hawks, neighbors) to address the parking and traffic issues surrounding baseball use within Hamel Legion Park with an eye to identifying problem Medina City Council Meeting Minutes September 20, 2022 13 solving measures that could be incorporated in future contracts or permits for use of the park. Motion passed 4 to 0 (No Albers). Martin provided some suggestion of adding conditions. Scherer commented that he would encourage a height of six to ten feet as he does not believe homeowners will actually want a fence as high as was earlier stated. He also noted the trees on the park land and did not want to see those damaged or removed to install the fence as the trees also provide screening. Martin noted that perhaps the property owners provide an easement for the fence. She noted that perhaps staff, HAC and the property owners work together to develop the details of the fence. Cavanaugh asked the resident present if he would be open to granting an easement for a fence. Sanke noted that he is only one property owner, noting that the two properties next to him are rental properties. He stated that perhaps this is delayed a meeting in order to better determine where the property line is. Johnson stated that staff can work with HAC and the property owners. Martin stated that if the property owners with the rental properties are not interested in the fence, then perhaps the fence is not needed there. Sanke stated that he would not want a situation where people still cut through his yard. Moved by Martin, seconded by DesLauriers to direct staff to prepare a resolution of approval for the Conditional Use Permit providing that privacy fencing is incorporated to satisfy the neighbors that have spoken tonight and perhaps others. Motion passed 4 to 0 (No Albers). Moved by Martin, seconded by Cavanaugh, to approve HAC/Hamel Hawks construction of the grandstand at Paul Fortin Memorial Field consistent with the terms of the Conditional Use Permit and incorporating the netting and backstop as discussed. Motion passed 4 to 0 (No Albers). Martin noted that the last action would be related to the permit and inspection fees. She believed that the consensus was that there should not be charges of more than $10,000 for those fees. DesLauriers asked for clarification as he did not believe that was the consensus related to the fees. Cavanaugh commented that Finke does not believe that the fees will total more than that amount. Martin acknowledged that the request was for the City to waive those fees. Medina City Council Meeting Minutes September 20, 2022 14 Moved by Martin, seconded by Cavanaugh, to agree that the City will not charge more than $10,000 in total for permitting and review fees for construction of the grandstand and that the City will use its reserves to pay for that cost. Motion passed 4 to 0 (No Albers). Martin appreciated the neighborly dialogue tonight from all parties. Khanna asked how the residents would be informed of the continued discussions. Martin noted that staff has been directed to work through the details. She also appreciated that the association is willing to have that discussion as well. B. Eagle Bluff (Adam’s Pest Control) Final Plat (9:22 p.m.) Johnson presented a final plat request for Eagle Bluff, noting that preliminary plat was granted on April 7th. He stated that the applicant is requesting a slightly smaller building without the restaurant use or accessory building. Finke stated that the approval was actually a few years ago in 2020, although the staff report displayed the wrong year. He displayed the updated site plan and architectural information. He stated that generally there is final plat review, but the site plan was slightly adjusted so staff recommends that the amended site plan be approved as well. He noted that the conditions of preliminary plat have or will be addressed through final plat. He stated that there was hope that access would be provided easterly to Willow Drive, over private property if that right-of-way could be obtained. He noted that right-of- way was not obtained and therefore that access is not an option. He stated that the bar/restaurant use is no longer included, the building is smaller, and the pond moved between the building and Highway 55. He stated that various conditions were placed upon the accessory building and those are proposed to carry forward even though that is not proposed at this time. He noted that would allow the accessory building to be constructed within an allotted timeframe in the future without coming back through the review process. Martin commented that the architecture is very nice, and she appreciates the landscaping plan. She noted that the previous accessory structure requirements would remain in place, should that move forward in the future. She stated that if lot two were to move forward, that would still follow site plan review. 1. Resolution 2022-72 Granting Final Plat Approval for Eagle Bluff Moved by DesLauriers, seconded by Martin, to adopt Resolution 2022-72 Granting Final Plat Approval for Eagle Bluff. Motion passed 4 to 0 (No Albers). 2. Resolution 2022-73 Amending Resolution 2020-21 Moved by DesLauriers, seconded by Martin, to adopt Resolution 2022-73 Amending Resolution 2020-21. Motion passed 4 to 0 (No Albers). 3. Development Agreement Todd Lese, Adams Pest Control, stated that the letter of credit is higher than what is needed. He noted that $800,000 is estimated by the City Engineer for the Highway 55 improvements whereas their estimates are coming in around $300,000. He believed that amount should then be $450,000 according to the City’s formula. He noted that the utility estimates are also coming in similarly under the engineer's estimate. Medina City Council Meeting Minutes September 20, 2022 15 Stremel stated that they did receive an estimate from the applicant upon which their information is based. He stated that they did receive a verbal estimate a few months ago for the entrance and if there are estimates less received by the applicant, he could adjust those numbers accordingly. Martin stated that the document was well drafted and agreed that the language could be amended to state that the letter of credit be 150 percent of the City Engineer’s conclusion as to the probable cost of those improvements. Moved by DesLauriers, seconded by Martin, to approve the Development Agreement by and between the City of Medina and Jan-Har LLP with the amendment to state that the letter of credit be 150 percent of the City Engineer’s conclusion as to the probable cost of the improvements. Motion passed 4 to 0 (No Albers). C. Hamel Townhome Storm Sewer Improvement Tax District – Public Hearing (9:31 p.m.) Johnson stated that DesLauriers has recused himself from this discussion. Johnson noted that on August 16th the City Council granted final plat approval for Hamel Townhomes which proposes 30 townhomes at 342 Hamel Road. The practice of the City is to establish a storm sewer improvement taxing district over the property as a backup to the association not maintaining the storm sewer improvements. Martin opened the public hearing. No comments. Martin closed the public hearing. Moved by Martin, seconded by Reid, to direct staff to present the ordinance establishing the Hamel Townhomes Storm Sewer Improvement Tax District at the October 4, 20222 meeting. Motion passed 4 to 0 (No Albers). DesLauriers rejoined the meeting. D. One vs. Multiple Members of the City Council Attending Meetings Electronically Discussion (9:34 p.m.) Johnson stated that Martin requested further discussion related to more than one Council member attending future meetings virtually. He stated that after discussion with the IT consultant, it would be possible for more than one member of the Council to attend virtually. He noted that if a member were to attend virtually, the address at which the virtual attendee is participating from would need to be shared publicly on the agenda. Martin stated that the Council is blessed with members that prioritize attendance. She noted that there are members that must travel for business or personal purposes and while they attempt to avoid missing meetings, there are instances when virtual participation may be necessary. She noted an upcoming time when she and another member will have a conflict and she would prefer to allow those who cannot attend to still participate versus not allowing their participation. She did ask that members attempt Medina City Council Meeting Minutes September 20, 2022 16 to avoid those situations and limit the number of times they attend virtually. She reiterated that members participating virtually would need to disclose their location. Reid stated that she would not want to see more than two members participate virtually. Cavanaugh commented that it is a new world following COVID and this would provide additional options for participation. He believed that this would be reasonable while members should attempt to attend in person when available. DesLauriers agreed. He assumed that if Martin is attending remotely that she will not be running the meeting and she confirmed that another member would act as Mayor. He stated that he would prefer to try having one person attend remotely before jumping in to two. Cavanaugh suggested that they just give it a shot. Martin noted that she and Albers have a conflict on November 15th that cannot be avoided. She noted that staff will be doing a practice run. Johnson confirmed that staff would be doing a practice run this week with Mike Brocco. Once the test has been successfully completed, then Council Members would meet virtually with Mr. Brocco and staff to set up their computer equipment. VIII. CITY ADMINISTRATOR REPORT (9:41 p.m.) Johnson stated that there has been a discussion on the fall business tours and forum but that has been postponed as there were no dates that could work for all the schedules. He noted that those meetings will be held in May of 2023. He thanked Nicole Jacobson, Anne Klaers, Lisa DeMars, Scherer, Public Works, Nelson, Police Department, Finke, and all the other staff members that made Celebration Day a great event. Martin commented that the business forum has gotten a bit stale because it involves the same players and same places. She stated that perhaps they should focus on new places such as restaurants and businesses they would like to attract. Cavanaugh stated that perhaps there is a business breakfast, inviting a few business leaders in order to discuss potential issues. Johnson confirmed that they could do that, bringing in restaurants and keeping a focus on those issues. Cavanaugh stated that there should also be a good agenda about what they would like to get out of that meeting, such as potential barriers for new restaurants that may want to come to Medina. IX. MAYOR & CITY COUNCIL REPORTS (9:45 p.m.) DesLauriers commented that Celebration Day was great and well attended. Martin agreed that it was a great event. She stated that she and Johnson attended the fire service planning meeting earlier this month at which there was a presentation from the Excelsior Fire District. She provided a summary of that presentation and the discussion that followed. She noted that there is an educational process occurring in Medina City Council Meeting Minutes September 20, 2022 17 that room and people are getting more comfortable in that room about the concept of consolidation, recognizing that the consolidation would occur outside the room. She stated that she, Finke, and Johnson attended mediation for North Metro litigation which will be reviewed in closed session on October 4th. X. APPROVAL TO PAY THE BILLS (9:49 p.m.) Moved by DesLauriers, seconded by Cavanaugh, to approve the bills, EFT 006523E- 006541E for $67,106.99, order check numbers 053390-053448 for $383,080.50, and payroll EFT 0512150-0512182 for $56,638.23. Motion passed 4 to 0 (No Albers). XI. CLOSED SESSION: DISCUSS PENDING LELS GRIEVANCE WITH THE CITY ATTORNEY PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(b) Moved by Martin, seconded by Cavanaugh, to adjourn the meeting to closed session at 9:50 p.m. to discuss pending LELS grievance with the City Attorney pursuant to Minn. Stat. 13D.05, Subd. 3(b). Motion passed unanimously. The meeting returned to open session at 10:07 p.m. XII. ADJOURN Moved by Reid, seconded by Cavanaugh, to adjourn the meeting at 10:07 p.m. Motion passed 4 to 0 (No Albers). __________________________________ Kathy Martin, Mayor Attest: ____________________________________ Scott Johnson, City Administrator