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HomeMy Public PortalAbout04.04.2023 City Council MinutesMedina City Council Meeting Minutes April 4, 2023 1 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 4, 2023 The City Council of Medina, Minnesota met in regular session on April 4, 2023 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. I. ROLL CALL Members present: Albers, Cavanaugh (virtual), DesLauriers, and Martin. Members absent: Reid. Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, 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 (7:00 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:00 p.m.) A. Approval of the March 21, 2023 Work Session City Council Meeting Minutes Martin stated that prior to the meeting Johnson distributed proposed changes to the minutes. Moved by Albers, seconded by DesLauriers, to approve the March 21, 2023 work session City Council meeting minutes as amended. A roll call vote was performed: DesLauriers aye Albers aye Martin aye Motion passed unanimously. B. Approval of the March 21, 2023 Regular City Council Meeting Minutes Moved by Albers, seconded by DesLauriers, to approve the March 21, 2023 regular City Council meeting minutes as presented. A roll call vote was performed: Albers aye DesLauriers aye Martin aye Motion passed unanimously. Medina City Council Meeting Minutes April 4, 2023 2 Anderson asked that Cavanaugh be unmuted as everyone has to be able to see and hear one another for him to participate remotely. Martin noted that he is unmuted but there is an issue with the audio on his end. It was agreed upon that the votes should not reflect Cavanaugh until the issue is resolved. V. CONSENT AGENDA (7:02 p.m.) A. Approve Temporary Liquor License to Wildlife Rehabilitation Center of Minnesota B. Approve Off-Site Gambling Permit for Wayzata Youth Hockey for Celebration Day Resolution 2023-38 C. Approve Resolution 2023-39 Authorizing Interfund Loan for Advance of Certain Road Construction Costs D. Approve Resolution 2023-60 Requesting Conveyance of Tax-Forfeited Land E. Approve Notice of Decision for Hackamore Road Wetland Replacement Plan Moved by Albers, seconded by DesLauriers, to approve the consent agenda. A roll call vote was performed: Albers aye DesLauriers aye Cavanaugh aye Martin aye Motion passed unanimously. VI. COMMENTS (7:03 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Planning Commission Finke reported that the Planning Commission will meet the following week to hold hearings to consider an amendment to the Medina Highlands PUD to allow a deck on a twinhome and to consider a one-foot reduction for setbacks in the Medina Park and Boardwalk PUD. He explained that the developer has discovered a one-foot miscalculation in the property line boundaries and therefore the amendment would be necessary. C. Park Commission Scherer reported that the Park Commission has not met since the last Council meeting. He provided an update on the work the public works crew has been doing to prepare for spring as well as review of the HAC baseball agreement terms. He stated that the grandstand permit is ready, and that project will move forward this spring once the ground firms up. Martin commented that she had to venture into parts of South Minneapolis and noted numerous potholes and poor snow clearing. She recognized the hard work of public works to keep the roads in good condition and clear of snow. Medina City Council Meeting Minutes April 4, 2023 3 VII. PRESENTATIONS (7:08 p.m.) A. Resolution 2023-40 Recognizing Derek Reinking for 15 Years of Service Martin read aloud the draft resolution. Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-40 recognizing Derek Reinking for 15 years of service to the City of Medina. A roll call vote was performed: Cavanaugh aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. Martin presented the Resolution 2023-40 to Derek Reinking and thanked him for his service to the City. Scherer stated that he and Derek Reinking started their joint venture 15 years ago, when he was supposed to start at 8 a.m. but was called in at 2:30 a.m. because of snow and was happy to do so. He commented that Reinking has stepped into the foreman position and excelled in the position, respected by residents and other staff members alike. He commented that Reinking is a great employee and the City is lucky to have him. B. Resolution 2023-41 Recognizing Deb Dion for 15 Years of Service Martin read aloud the draft resolution. Moved by Albers, seconded by DesLauriers, to adopt the Resolution 2023-41 recognizing Deb Dion for 15 years of service to the City of Medina. A roll call vote was performed: Cavanaugh aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. Martin presented Deb Dion with Resolution 2023-41 and thanked her for her service to the City. Finke commented that it has been fun to work with Dion over the past 15 years, recognizing the changes that have occurred in the planning department during that time to become more efficient. He commented that Dion has a lot of patience when working with contractors and works well collaboratively. He commented that he often hears Medina City Council Meeting Minutes April 4, 2023 4 comments of how people coming into the planning department enjoy working with Dion, noting that she is a great member of the Medina team. VIII. NEW BUSINESS A. Tom Dykoff – Lot Rearrangement – 552 and 562 Highway 55 (7:19 p.m.) Johnson stated that the applicant is requesting a lot line rearrangement between the two properties which would add a narrow strip of property to the northern lot. Finke stated that the request is straightforward and noted that the property at 562 recently went through the process of lot combination. He stated that 562 would still fall short of the minimum lot size and generally they would not consider taking land from a property that does not meet the minimum lot size. He stated that this lot rearrangement would increase the size of the two lots and would make the land contiguous within the lots, therefore staff recommends approval. DesLauriers stated that he supports the rearrangement but asked if there is a reason this was not done one month ago with the previous request. Finke confirmed that could have been done at the same time, but noted there was an issue with timing on the lot combination and related recording at the County. 1. Resolution 2023-42 Approving Lot Line Rearrangement Between 562 and 552 Highway 55 Moved by Albers, seconded by DesLauriers, to adopt the Resolution 2023-42 approving a lot line rearrangement between 552 and 562 Highway 55. A roll call vote was performed: Albers aye DesLauriers aye Cavanaugh aye Martin aye Motion passed unanimously. B. City of Independence Request for Sewer Units (7:22 p.m.) Johnson provided background on the request from Independence for additional sewer units and the work staff has been doing to determine if there are additional units available. He stated that it has been determined that about 500 feet of sewer pipe needs to be upgraded in the near future. Finke stated that the analysis was done in November and additional data has been reviewed to determine the capacity of that 500 feet north of Highway 12. He stated that the ultimate conclusion was that there would be a potential capacity shortage for that 500 feet. He stated that Independence has provided information that as a result of the proposed development, the peak flow would not increase, it would just pump more often. He stated that staff recommends that the units can be supported, but the capacity of that pipe should be addressed at the same time as it would be much more cost effective to address that in conjunction with the Hennepin County street improvements. He noted that the City Attorney drafted language which would amend the Quad City Agreement to Medina City Council Meeting Minutes April 4, 2023 5 allow for the additional units and manage the upgrade of that pipe. He stated that the estimated cost would be $360,000 which would be split by the units. He also noted a grammatical change suggested for the agreement, changing “its” to “their respective”. DesLauriers stated that based on the report it would appear the changes would be in 2024. He asked how the additional units in Independence would be impacted if Loretto does not want to sign the updated agreement. Finke stated that John Christianson is present from WSB and representatives from Independence are also present. He stated that for the additional units to be approved, each city would need to agree to the change. He stated that if the other cities raised concern with the capacity upgrade and not the units, they would need to consider if part of the amendment could move forward. He noted that the City would continue to chase funding as it has been identified that the upgrade should be made in conjunction with the street improvements. He recognized that Independence has more time sensitivity as they would like to move forward with the development this spring. DesLauriers asked if staff has had those discussions with the other cities. Finke replied that staff has let Independence take the lead in those conversations. Albers commented that it seems like there is grading activity on that site and asked the timing as to when the pipe connection would be necessary to support that development. Martin commented that there would be significant savings to coordinate with the road project in 2024 and therefore that would be the advantage if all four cities agree. Finke replied that there is a high likelihood that capacity would not be reached by 2024 because of the vacant multi-family designated site in Medina. He stated that staff advocates doing the project in conjunction with the street to achieve cost savings. Johnson noted the street section should be completed with the sewer pipe upgrade, the cost would be over $600,000 if the street project is handled separately from the sewer pipe upgrade. Mark Kaltsas, City Administrator for Independence, thanked the Council for allowing them to speak and try to come to an agreement on this matter. He provided background information on the proposed development request and noted that even though it was not included in their long-term plans, it would make sense for this property to connect to the sewer as it is adjacent to the lake. He stated that they believe they could design an upgrade to their current lift station to address peak flow issues, actually reducing the peak flow. He stated that he is waiting to receive feedback from the other cities and recognized the savings in completing the update with the street project. He also recognized that development of the multi-family housing site in Medina is what would trigger the issue of capacity. He stated that if the connections amendment to the agreement were approved it would allow them to move forward and there would be additional time to work out the details for capacity improvements. He stated that the development has been approved through preliminary plat thus far and they were hopeful to resolve this issue and the Comprehensive Plan amendment for Independence before they consider final plat. Medina City Council Meeting Minutes April 4, 2023 6 Martin noted that it will be the last person in for development that will face the crisis. She stated that if this is approved, it would be the Medina project that would then be at risk therefore Medina is attempting to address this issue now rather than wait for the Medina development. She stated that they would like assurance that when the capacity issue is identified, all four cities would contribute. She recognized that Independence has proposed the concept of splitting the amendments to the agreement which would allow their development to move forward. Kaltsas confirmed that could be something to consider. He stated that Independence is prepared to support the amendment and anticipated that Greenfield would not oppose because their share would be less. He stated that Loretto may be the harder vote because of their share of the cost. He noted that Loretto was able to connect because they believed that there was excess capacity available, and no one anticipated that allowing those connections would reach capacity. He stated that their development, as proposed, would not increase the flow. He stated that they have been in discussions with the Metropolitan Council, noting that they are in the process of their own capacity study. Finke stated that Hennepin County has already delayed the road project by one year in order to allow Maple Plain to complete watermain improvements. He noted that staff would like to continue discussions with Hennepin County on the proposed road project to coordinate other improvements in Medina as well. He stated that staff would like to be prepared in order to complete these things in the most cost-effective manner. Martin commented that it seems that Medina and Independence are going to work cooperatively to move the Quad Cities Agreement forward. DesLauriers stated that when this topic first arose for the 26 units it was its own issue that has now been combined with the Quad Cities Agreement. Finke replied that if there would have been sufficient capacity in the system, the amendment would still be necessary to allow the additional units. He explained that as a result of the capacity analysis, the additional amendment was identified. Martin commented that it makes her feel more comfortable to hear that there is preliminary plat approval with the grading permit that puts that risk on the developer. Kaltsas confirmed that the preliminary plat approval is contingent upon the amendment to the Quad Cities Agreement. He stated that they would like to get the units to allow connection and could then address the capacity issues. He explained that Independence has concerns with how the capacity issue arose, as there was plenty of capacity available prior to the connection of Loretto. 1. Amendment to the Quad City Agreement Moved by DesLauriers, seconded by Albers, to approve the amendment to the Quad- City Agreement as presented by staff at the meeting. A roll call vote was performed: DesLauriers aye Albers aye Medina City Council Meeting Minutes April 4, 2023 7 Cavanaugh aye Martin aye Motion passed unanimously. C. SWPPP Ordinance Amendments (7:49 p.m.) Scherer noted that these are mandated updates to the SWPPP. Albers referenced Section 347.3.03 and asked if street should be added. Anderson noted that rights-of-way is listed which would include streets. Finke commented that the penalty on dog waste is set as a petty misdemeanor as staff believed that to be sufficient. Albers asked for details on enforcement. Anderson replied that if it were enforced it would be a nominal fine and would not require a court appearance or misdemeanor citations. He stated that staff believed it would be better public policy versus the use of a misdemeanor which was suggested in the model ordinance. Johnson stated that they are limited on staff and did not believe enforcement would be a priority for the Police Department and the City is simply responding to what is being required. Martin asked for details on the penalty for salt. Anderson provided additional details on the penalty. He noted that it is not specified which would then default to a misdemeanor and the prosecutor would have the ability to reduce to a petty misdemeanor. Martin commented that salt and sand flowing into our storm water and waterways is much more hazardous than dog poop decomposing on the surface of the ground and therefore she would agree with the difference in penalty. 1. Ordinance 704 Pertaining to Disposal of Pet Waste Moved by DesLauriers, seconded by Albers, to adopt Ordinance 704 pertaining to disposal of pet waste. A roll call vote was performed: Cavanaugh aye Albers aye DesLauriers aye Martin aye Motion passed unanimously. 2. Resolution 2023-43 to Publish Ordinance 704 by Title and Summary Medina City Council Meeting Minutes April 4, 2023 8 Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-43 to publish Ordinance 704 by title and summary. A roll call vote was performed: Cavanaugh aye Albers aye DesLauriers aye Martin aye Motion passed unanimously. 3. Ordinance 705 Pertaining to Storage of Deicing Materials at Commercial and Industrial Facilities Moved by Albers, seconded by Martin, to adopt Ordinance 705 pertaining to storage of deicing materials at commercial, industrial, and institutional facilities. A roll call vote was performed: DesLauriers aye Albers aye Martin aye Cavanaugh aye Motion passed unanimously. 4. Resolution 2023-44 to Publish Ordinance 705 by Title and Summary Moved by Albers, seconded by DesLauriers, to adopt Resolution 2023-44 to publish Ordinance 705 by title and summary. A roll call vote was performed: Martin aye Albers aye DesLauriers aye Cavanaugh aye Motion passed unanimously. D. Police Department Administrative Assistant Position (7:57 p.m.) Johnson stated that it has become evident that a full-time role is necessary, rather than the part-time position, for emergency management services. Nelson commented on the feedback he received from the previous and current part-time administrative assistant for his department that they feel overworked. He provided additional information on the lengthy process required to respond to data requests. He commented that those employees were taking work home to complete on their own time because they did not have enough time to complete the tasks during their workday. He stated that with new requirements it would seem the right time to add a full-time administrative assistant position. He reviewed some of the tasks that this position would Medina City Council Meeting Minutes April 4, 2023 9 handle. He stated that there are cost savings within his budget for this year because of an Officer position that remains unfilled but was authorized for the beginning of the year but recognized that there would be a future budget impact. Martin recognized that the employees mentioned are hardworking and wanted to ensure employees are compensated appropriately. Albers stated that his concern would not be with this year but the impact to future year budgeting. He asked if there are other staffing needs that should also be considered. Johnson stated that there have been further discussions about staffing. Scherer commented that public works is going to try to restructure and work with consultants to lessen the burden on administrative staff. Martin commented that it would appear that department also has a staffing issue then. Scherer commented that if people are not going to be taking work home, or getting comp time, work would need to be shifted somewhere. Johnson commented that staff sometimes tries to handle too much internally and some of that work could be shifted to WSB. He stated that Barnhart and Nelson have had discussions about budget impact, and it was determined that the cost difference between part-time and full-time would be about $45,000. Barnhart provided additional details on the cost for the full-time position. She stated that they are also working with departments to ensure staff is reporting their time accurately. She stated that if people are taking work home with them, they are not accurately compensated and they are not able to truly assess for staffing needs. Martin asked and received confirmation that the administrative assistant positions are paid hourly. She stated that another option is overtime if the employee wanted to do the additional work, but it cannot be forced. Barnhart commented that there will always be work. She recognized that there is deadline driven work, but sometimes an employee has to stop for the day if the intent is just to complete all the work. Albers asked if there is an estimate of the time spent on an annual basis to coordinate and manage Celebration Day. He recognized the core job requirements that take priority but asked how much time the employees are spending on the other activities. Nelson stated that social media is very popular and a great way to communicate, but the department does not have staffing to adequately support that. He commented on the process the department is going through related to records retention and data conversion. He noted that some of those tasks listed in the staff report are hard to quantify in terms of staff time. Martin asked if there is anything administratively that the officers handle that could be moved to the additional position. Medina City Council Meeting Minutes April 4, 2023 10 Nelson noted that he would intend to move some duties from the admin position to the sergeant position when that person starts. Martin commented that with all the discussions that have been had recently related to Celebration Day, perhaps it would make sense to take a year off from that event because there is a lot asked of many people and staff to hold that event. DesLauriers stated that he would not support canceling Celebration Day as it is a big deal for the community. He believed a lot of people would be upset if it were canceled. Albers referenced the record management project and asked if a consultant could be hired to assist with that process as it seems very specialized and would take that burden off the admin. He stated that perhaps it would make sense to spend more money on that and have it completed more quickly rather than spreading it across the position for the next two years. He stated that perhaps that could be combined with the digitizing of the reports as well. Nelson was unsure about having that vulnerable data in someone else’s hands. Martin asked and received confirmation that there is adequate storage space for the files and therefore the digitizing of the information may not be a priority. She asked if there are requirements on how long those files must be kept. Nelson provided additional details on the records retention requirements. Cavanaugh stated that he has trust in Nelson and the management of his department, therefore if he feels the additional time is needed, he supports that. He stated that he would not support canceling Celebration Day. Martin commented that there is difficulty for police departments to attract and retain quality officers because of the challenges they face now compared to the past. She commented that anything that can be done to make those officers feel more comfortable and supported is important. She stated that she would advocate to follow the suggestion of Nelson to increase the position. Moved by Martin, seconded by DesLauriers, to authorize staff to begin the recruitment process of a full-time administrative assistant for the Police Department coming in at Step 1-2 with a starting wage of $23 to $26/hour DOQ. A roll call vote was performed: Albers aye Cavanaugh aye DesLauriers aye Martin aye Motion passed unanimously. Martin recognized that everyone loves Celebration Day but acknowledged the strain it places on staff. She noted that additional assistance may be needed for that event. Medina City Council Meeting Minutes April 4, 2023 11 IX. CITY ADMINISTRATOR REPORT (8:20 p.m.) Johnson noted the Board of Appeal and Equalization meeting scheduled for the following night at 6:30 p.m. X. MAYOR & CITY COUNCIL REPORTS (8:20 p.m.) Martin noted that she and Johnson attended the most recent Long Lake Fire Department meeting where the CIP and funding was discussed and provided a summary of that discussion. DesLauriers asked for an update on the union contract negotiations. Nelson provided an update. Johnson noted that he has provided information on this topic weekly Council updates and staff intends to bring to Council information on this topic once it is ready. Barnhart noted that there has been a lot of movement on wages for municipalities and therefore the City is undergoing its own study, separate of the union negotiations. DesLauriers stated that he would support bringing this to a worksession and closed session for discussion, as the City position has been that the increases provided to police is also given to City staff. Johnson explained that supervisors cannot be making less than the people they supervise in the public sector. Barnhart explained that in the past the union contract increases have been cost of living increases and Medina has taken the stance that cost of living applies to all positions. She noted that this will also include market wage increases and advised that more details will be provided at the worksession and that will occur prior to the budget discussions in order to have that information for that process. She stated that everyone that was at the negotiation table is aware of the study and is waiting for those results. Martin recognized the challenges that police now face and believes that compensation for those officers should be different than administrative staff. DesLauriers stated that it may turn out that administrative staff may also need increases, but that should be separate from police. Anderson provided more details on the pay equity requirement for cities. Cavanaugh asked if it would be possible to break anything out for police for hazard pay that would not impact the other salaries. Johnson commented on the different types of pay. Anderson noted that he will work with staff to provide those additional details. Martin commented that in order to attract and retain a quality police force, there would need to be more market equity. Medina City Council Meeting Minutes April 4, 2023 12 Johnson provided additional details on the pay equity system under State Law and used by municipalities. Barnhart explained how that system scores different positions and the information that is provided in the market study report to determine which positions need adjustment. She also provided details on how changes impact the pay grade scale, noting that more policy discussion will occur at the worksession. Cavanaugh noted that perhaps the topic is split into two worksessions, with more general and background information discussed at the first and more in depth and specific information at the second. Albers noted that he would not be in attendance at the May 16th meeting and would not want to miss those discussions. XI. APPROVAL TO PAY THE BILLS (8:49 p.m.) Moved by DesLauriers, seconded by Martin, to approve the bills, EFT 006771E- 006788E for $74,897.84, order check numbers 054144-054198 for $110,762.19, and payroll EFT 0512604-0512634 for $67,088.41 and payroll manual check 020455 for $1,573.42. A roll call vote was performed: Cavanaugh aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. XII. CLOSED SESSION: CONSIDER POTENTIAL OFFER TO PURCHASE PROPERTY LOCATED AT HENNEPIN COUNTY PID 11-118-23-21-0005 PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(C)(3) Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 8:50 p.m. to consider potential offer to purchase property located at Hennepin County PID 11- 118-23-21-0005 pursuant to Minn. Stat. 13D.05, subd. 3(c)(3). A roll call vote was performed: Cavanaugh aye Albers aye DesLauriers aye Martin aye Motion passed unanimously. The meeting returned to open session at 9:52 p.m. Medina City Council Meeting Minutes April 4, 2023 13 XIII. CLOSED SESSION: CONSIDER OFFER TO PURCHASE RIGHT-OF-WAY EASEMENTS ON PROPERTY LOCATED AT 435 AND 655 HACKAMORE ROAD PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(C)(3) Moved by Martin, seconded by Albers to adjourn the meeting to closed session at 9:53 p.m. to consider offer to purchase right-of-way easements on property located at 435 and 655 Hackamore Road pursuant to Minn. Stat. 13D.05, subd. 3(c)(3). A roll call vote was performed: Cavanaugh aye Albers aye DesLauriers aye Martin aye Motion passed unanimously. The meeting returned to open session at 10:09 p.m. XIV. ADJOURN Moved by DesLauriers, seconded by Albers, to adjourn the meeting at 10:10 p.m. A roll call vote was performed: Albers aye DesLauriers aye Cavanaugh aye Martin aye Motion passed unanimously. __________________________________ Kathleen Martin, Mayor Attest: ____________________________________ Caitlyn Walker, City Clerk