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HomeMy Public PortalAbout04.18.2023 City Council MinutesMedina City Council Meeting Minutes April 18, 2023 1 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 18, 2023 The City Council of Medina, Minnesota met in regular session on April 18, 2023 at 7:03 p.m. in the City Hall Chambers. I. ROLL CALL Members present: Albers, Cavanaugh, DesLauriers, Martin (virtual), and Reid. Members absent: None. Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, City Attorney Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police Jason Nelson. II. MOTION TO DELEGATE DUTIES TO PRESIDE OVER THE MEETING TO COUNCILMEMBER ALBERS Moved by DesLauriers, seconded by Cavanaugh, to delegate duties to preside over the meeting to Councilmember Albers. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. III. PLEDGE OF ALLEGIANCE (7:04 p.m.) IV. ADDITIONS TO THE AGENDA (7:04 p.m.) Johnson noted that County Commissioner Kevin Anderson would not attend tonight and will be at the May 2nd meeting. The agenda was approved with the noted change. V. APPROVAL OF MINUTES (7:04 p.m.) A. Approval of the April 4, 2023 Regular City Council Meeting Minutes Albers noted that prior to the meeting Johnson distributed proposed changes suggested by Martin. Moved by Albers, seconded by DesLauriers, to approve the April 4, 2023 regular City Council meeting minutes as amended. A roll call vote was performed: Medina City Council Meeting Minutes April 18, 2023 2 Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. B. Approval of the April 5, 2023 Board of Appeal and Equalization Meeting Minutes Moved by Albers, seconded by Cavanaugh, to approve the April 5, 2023 Board of Appeal and Equalization meeting minutes as presented. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. VI. CONSENT AGENDA (7:07 p.m.) A. Approve Grounds Service Agreement with the Hamel Athletic Club for the 2023 Baseball Season B. Approve Concession Service Agreement with the Hamel Athletic Club for the 2023 Baseball Season Johnson thanked HAC and City staff for working together to develop these agreements. Moved by Reid, seconded by Cavanaugh, to approve the consent agenda. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. VII. COMMENTS (7:08 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer stated that the Commission will meet the following night to discuss the seating at Lakeshore Park. He stated that the ice pushed the boat ramp, so staff will straighten Medina City Council Meeting Minutes April 18, 2023 3 that out. He stated that the Commission will be updated on the final HAC agreements and noted that the trees and fence have been ordered to go along with the grandstand improvement. He stated that he hopes to have the pickleball courts open by June. He also provided an update on grass seeding. DesLauriers commented that he likes the lighting panel at Legion Park. Albers asked if there would be a grand opening ceremony for the pickleball courts. Scherer stated that the Commission could discuss that at the meeting. C. Planning Commission Finke reported that the Planning Commission met the previous week to hold a public hearing to consider an amendment to the Medina Highlands PUD pertaining to a single lot to allow construction of a deck off the side of the unit and unanimously recommended approval. He stated that a second hearing was conducted to consider the request from Meander Park and Boardwalk involving an adjustment because of the discrepancy found on the eastern property line. The applicant proposed to adjust the setback to allow the development to continue as originally proposed which would result in a reduction of one foot for that setback. The Planning Commission recommended approval with a vote of 3 – 2. VIII. PRESENTATIONS A. County Commissioner Kevin Anderson IX. NEW BUSINESS A. Pinto Drive (South of Hamel Road) Improvement Project – Public Hearing and Assessment Hearing (7:16 p.m.) Johnson stated that a number of road project public hearings are on the agenda tonight for Medina’s 2023 projects. Anderson stated that there are a number of assessment hearings scheduled for tonight. He stated that if residents are present for the assessment hearing, they need to file a signed written objection before the end of the respective hearing in order to preserve the right to appeal the assessment to District Court. He stated that members of the Council included in an assessment roll do not have to recuse themselves but could still choose to do so. Scherer provided an overview of the proposed improvement project and welcomed any questions. He reviewed the proposed assessment levels. Johnson noted that the public hearing and assessment hearing can be run concurrently. Albers opened the public hearing for the public improvement hearing and assessment hearing. No comments. Albers closed the public hearing. Medina City Council Meeting Minutes April 18, 2023 4 1. Resolution 2023-45 Approving Plans According to Feasibility Report and Pinto Drive Improvement Project Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution 2023-45 approving plans according to feasibility report and ordering Pinto Drive Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 2. Resolution 2023-46 Adopting Assessment Roll for Pinto Drive Overlay Moved by DesLauriers, seconded by Reid, to adopt Resolution 2023-46 adopting assessment roll for Pinto Drive Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. B. Cheyenne Trail Improvement Project – Public Hearing and Assessment Hearing (7:25 p.m.) Scherer provided an overview of the proposed improvement project. Albers opened the public improvement hearing for the public improvement project and assessment hearing. No comments. Albers closed the public hearing. 1. Resolution 2023-47 Approving Plans According to Feasibility Report and Cheyenne Trail Improvement Project Moved by DesLauriers, seconded by Reid, to adopt Resolution 2023-47 approving plans according to feasibility report and ordering Cheyenne Trail Improvement Project. A roll call vote was performed: Cavanaugh aye Medina City Council Meeting Minutes April 18, 2023 5 Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 2. Resolution 2023-48 Adopting Assessment Roll for Cheyenne Trail Overlay Project Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution 2023-48 adopting assessment roll for Cheyenne Trail Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. C. Meadowwoods Trail Improvement Project – Public Hearing and Assessment Hearing (7:28 p.m.) Scherer provided a brief overview of the proposed project. Albers opened the public hearing for the public improvement project and assessment hearing. Jim Kinsella, 1160 Cherokee Road, asked if the cost would be equally split between Meadowwoods Trail and Cherokee Road. Scherer explained that the assessment is funded 50 percent by the City and 50 percent by assessment. The assessment amount is then split between the lots and billed on a per lot basis. Kinsella stated that he was unable to attend the open house. He stated that Cherokee has a straight stretch that encourages higher speeds near his home. He stated that he has young children and asked if anything could be done to slow the speed of traffic. Scherer replied that there is nothing included in the project. He stated that they could look at different options such as signage or use of the speed trailer and police enforcement. Nelson stated that they can use the speed trailer to collect data and determine the best time of day and location for traffic enforcement. Albers closed the public hearing. 1. Resolution 2023-49 Approving Plans According to Feasibility Report and Meadowwoods Trail Improvement Project Medina City Council Meeting Minutes April 18, 2023 6 Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution 2023-49 approving plans according to feasibility report and ordering Meadowwoods Trail Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 2. Resolution 2023-50 Adopting Assessment Roll for Meadowwoods Trail Overlay Project Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-50 adopting assessment roll for Meadowwoods Trail Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. D. Foxberry Farms Improvement Project – Public Hearing and Assessment Hearing (7:34 p.m.) Scherer provided a brief overview of the proposed project. Albers opened the public hearing for the public improvement project and assessment hearing. No comments. Albers closed the public hearing. 1. Resolution 2023-51 Approving Plans According to Feasibility Report and Foxberry Farms Improvement Project Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution 2023-51 approving plans according to feasibility report and ordering Foxberry Farms Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Medina City Council Meeting Minutes April 18, 2023 7 Martin aye Albers aye Motion passed unanimously. 2. Resolution 2023-52 Adopting Assessment Roll for Foxberry Farms Overlay Project Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-52 adopting assessment roll for Foxberry Farms Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. E. Medina Highlands and Clydesdale Trail East Improvement Project – Public Hearing and Assessment Hearing (7:37 p.m.) Scherer provided a brief overview of the proposed project. Albers opened the public hearing for the public improvement project and assessment hearing. Johnson noted that there is a resident requesting an exemption. Barnhart stated that she took several calls on this project because of the hardship language offering deferment of the assessment. She stated that the hardship is tied to the person’s annual gross income compared to the annual assessment. She stated that one resident requested that his statement be passed on to the City Council as he was unable to attend. She presented that statement in a written memorandum. Cavanaugh asked if the documentation was provided to meet the hardship requirements. Barnhart stated that the resident did not provide the documentation to meet the hardship code. Anderson stated that the City does have a deferral policy for hardship situations and in this case, there was no application and the information needed was not provided. He noted that the number on the assessments would equate to about $100 per year and therefore it would be difficult for someone to have an income low enough to meet the criteria. He stated that this written submission would allow the appeal to continue if the resident desires. Albers closed the public hearing. Medina City Council Meeting Minutes April 18, 2023 8 1. Resolution 2023-53 Approving Plans According to Feasibility Report and Medina Highlands Improvement Project Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-53 approving plans according to feasibility report and ordering Medina Highlands Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 2. Resolution 2023-54 Adopting Assessment Roll for Medina Highlands Overlay Project Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution 2023-54 adopting assessment roll for Medina Highlands Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. F. Clydesdale Trail Pavement Rehabilitation Project – Public Hearing and Assessment Hearing (7:42 p.m.) Johnson provided a brief overview of the proposed project improvements. Stremel reviewed the progress to date including the bid opening. He summarized the existing conditions and proposed improvements. He stated that the bids received were less than the engineer’s estimate, which also lowers the assessments that were proposed. He stated that the assessments are only levied for the street improvements as the City funds the trail improvements separately. He reviewed the method used to determine assessments and noted that if the bid is awarded this project would likely be constructed in conjunction with the other projects. DesLauriers asked why a sidewalk is not assessed. Scherer commented that curb work is assessed but trails are not. He clarified that these are trails, not sidewalks. Albers opened the public hearing for the public improvement project and assessment hearing. Medina City Council Meeting Minutes April 18, 2023 9 No comments. Albers closed the public hearing. 1. Resolution 2023-55 Adopting Assessment Roll for the 2023 Clydesdale Trail Pavement Rehabilitation Project Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution 2023-55 adopting assessment roll for Clydesdale Trail Rehabilitation Improvement Project. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 2. Resolution 2023-56 Accepting Bids and Awarding the Contract Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution 2023-56 accepting the lowest responsible bid and awarding the contract to GMH Asphalt Corporation in the amount of $337,625.81. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. G. Cates Industrial Park Preliminary Plat and Site Plan Review (7:49 p.m.) Johnson stated that Oppidan has requested land use approvals for development of their warehouse/light industrial project. Finke stated that the history of this project was included in the staff report, noting that the Council has reviewed the progress multiple times over the past 18 months. He presented a proposed rezoning, preliminary plat and site plan review. He noted that an EAW was reviewed in 2022 on a larger development site and a negative declaration of an EIS was made, noting that the project scale has since been reduced. He displayed the proposed site plan which includes two buildings that would run north/south. He stated that staff does recommend consideration of the rezoning request first as the other actions would be conditioned upon the zoning district. He stated that the conditionally approved Comprehensive Plan amendment would change the guiding for the property to business and reviewed the zoning districts that fall within that designation. He stated that the Planning Commission recommended rezoning to the business district. He presented the preliminary plat noting that the proposed lots exceed the minimum standards. He provided additional details on infrastructure and transportation Medina City Council Meeting Minutes April 18, 2023 10 improvements. He stated that the Planning Commission also recommended approval of the preliminary plat, subject to the conditions noted. He presented the site plan review, noting that the request meets the general requirements subject to conditions related to adjustments necessary to landscaping and tree replacement. He stated that the Planning Commission had a fair amount of discussion related to the architectural design and ultimately found the design appropriate because of the practical use of the buildings. He provided additional details on parking and the additional proof of parking that would be offered in case additional parking is needed. He commented that the loading docks are internal to the site, based on the feedback received at concept review. He stated that the Planning Commission did hold a public hearing for these requests and received input from one resident that was provided to the Council as well. DesLauriers referenced the roadway and asked if that would be capable of withstanding the truck traffic. Finke commented that one of the conditions recommended would be that trucks leaving the site would be directed to go north to avoid Chippewa. He noted that the road can withstand the traffic, but the attempt is to better circulate traffic back to Highway 55. Scherer stated that Chippewa was built to a nine-ton standard because of the industrial uses in that area. DesLauriers asked if there would be space to turnaround if the trucks missed the entrance to the site. Finke commented that they will look at signage and design elements to mark the road as private after that point on Cates Ranch Road. He stated that there would most likely not be a space to turnaround on Willow but did not believe trucks would mistakenly go past in that direction. Cavanaugh asked for details on maneuverability of trucks on a curve in the road. Finke replied that staff could double check, but the project engineer has reviewed that to ensure there would be sufficient space for turns. Albers welcomed comments on the rezoning request. There were no questions or comments. He moved to the preliminary plat request and welcomed any comments or questions. There were no comments or questions. He moved to the site plan review and welcomed any questions or comments. There were no comments or questions. DesLauriers appreciated the collaborative efforts of the developer throughout this process and looked forward to the project. Martin agreed that the applicant has incorporated the comments made and this is a great project. Moved by Martin, seconded by DesLauriers, to direct staff to prepare the documents approving the rezoning of the property to the Business zoning district and granting preliminary plat and site plan review approval subject to the conditions noted in the staff report. Medina City Council Meeting Minutes April 18, 2023 11 A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. H. Medina Venture – Meander Park/Boardwalk – Final Plat – Public Hearing (8:09 p.m.) Cavanaugh recused himself. Johnson stated that the applicant is requesting final plat approval. He stated that there was a discrepancy discovered involving the location of the eastern property line, which is one foot further into the property than originally believed. Finke stated that the Council approved the general plan of development for the PUD and granted preliminary plat approval. He stated that in working on the final development plans, the surveyor discovered a discrepancy along the east property line of one foot. He stated that the applicant proposes to construct the improvements as originally shown in January, with the property line one foot closer to the improvements. He stated that the PUD would then need to be adjusted to accommodate that change. He stated that the main effect of the shift would be for the shared driveway for the townhome north of Meander and for the parking lot of the commercial development. He reviewed the various actions before the Council tonight as part of the final plat. He stated that as proposed those setbacks along the eastern property line would be one foot short of the requirement, but that flexibility can be provided within a PUD. He stated that if the Council does not support adjusting the PUD to accommodate the one-foot difference, the applicant would need to shift the improvements on the site. He moved to the final plat request noting the adjustment to the property line as mentioned and the wetland would be platted into an outlot. He stated that otherwise the proposed final plat is consistent with the approved preliminary plat. He commented that many of the preliminary plat conditions would continue forward into final plat. He stated that the applicant also requested approval of the wetland replacement plan, noting that impacts are due to construction of the parking lot and trail improvements. Those wetlands would be replaced through purchase of banked credits, noting that the Technical Evaluation Panel (TEP) recommends approval. He stated that the City requires property owners to maintain the stormwater improvements that serve their properties and provided details on that policy. He noted that the storm sewer improvement taxing district is established as a backup in the case that maintenance is not provided. He noted that a public hearing would be required to establish that district. The Planning Commission reviewed the adjustment to the PUD as previously noted and the City received one written comment, noting that it was related to the development at large and not the proposed adjustment and has been provided to the Council. He provided additional details on the proposed development agreement. DesLauriers referenced the four residential units and asked if the fire truck would have space to turnaround. Medina City Council Meeting Minutes April 18, 2023 12 Finke confirmed that there is a hammerhead design for that purpose. DesLauriers commented that concrete barriers would be installed by the daycare and asked if there would be an extension near the play area for the children. Chris Pederson, applicant, confirmed that there would be a reinforced fence in that area. DesLauriers referenced condition six related to a secondary emergency access and asked for more details. Finke replied that the driveway access is for vehicle access. He stated that there would be a 12-foot-wide trail that would be built to a street standard to accommodate emergency access. DesLauriers referenced conditions 19 and 20 and asked if staff is looking for feedback on those items. Finke commented that staff has not included any suggestions for changes, but additional feedback could be provided. DesLauriers referenced condition 23 and asked if that would be difficult to enforce. Anderson stated that language was included and there will be a mutual desire from the property owner and the City to have adequate parking. He noted that if there is an issue with parking the owner will also want to address that in order to keep the business successful. Finke commented that he does not have any concern with enforcement of vehicles parking illegally. Martin commented that this will be a fabulous addition to Medina. Albers opened the public hearing for the PUD and storm sewer improvement taxing district. No comments. Albers closed the public hearing. 1. Ordinance 706 Establishing a Planned Unit Development District for “Meander Park and Boardwalk” and Amending the Official Zoning Map Moved by DesLauriers, seconded by Albers, to adopt Ordinance 706 establishing a PUD district for “Meander Park and Boardwalk” and amending the official zoning map. A roll call vote was performed: Reid aye DesLauriers aye Martin aye Albers aye Medina City Council Meeting Minutes April 18, 2023 13 Motion passed unanimously. 2. Resolution 2023-57 Authorizing Publication of Ordinance by Title and Summary Moved by DesLauriers, seconded by Albers, to adopt the Resolution 2023-57 authorizing publication by title and summary. A roll call vote was performed: Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 3. Wetland Replacement Plan Moved by DesLauriers, seconded by Albers, to approve the wetland replacement plan for Meander Park and Boardwalk. A roll call vote was performed: Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 4. Resolution 2023-58 Granting Final Plat Approval for Meander Park and Boardwalk Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-58 granting final plat approval for Meander Park and Boardwalk. A roll call vote was performed: Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 5. Ordinance 707 Establishing the Meander Park and Boardwalk North Storm Sewer Improvement District Moved by DesLauriers, seconded by Albers, to adopt Ordinance 707 establishing the Meander Park and Boardwalk North Storm Sewer Improvement Tax District. A roll call vote was performed: Medina City Council Meeting Minutes April 18, 2023 14 Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 6. Resolution 2023-59 Authorizing Publication of the Ordinance 707 by Title and Summary Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-59 authorizing publication by title and summary. A roll call vote was performed: Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. 7. Planned Unit Development Agreement Moved by DesLauriers, seconded by Albers, to approve the Planned Unit Development Agreement. A roll call vote was performed: Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. Cavanaugh rejoined the Council. X. CITY ADMINISTRATOR REPORT (8:35 p.m.) Johnson commented that a worksession was added for May 2nd at 6:00 p.m. and reviewed the items that will be on that agenda. He asked if the time should be adjusted to provide some additional time. Moved by Martin, seconded by DesLauriers, to adjust the start time for the May 2nd worksession to begin at 5:30 p.m. A roll call vote was performed: Martin aye Cavanaugh aye Reid aye DesLauriers aye Albers aye Medina City Council Meeting Minutes April 18, 2023 15 Motion passed unanimously. XI. MAYOR & CITY COUNCIL REPORTS (8:36 p.m.) DesLauriers stated that he attended the Loretto Volunteer Fire Department pancake breakfast noting that the event had record attendance. He commented that it was nice to see a few of the Hamel members helping and participating. Albers agreed that it was a great event. XII. APPROVAL TO PAY THE BILLS (8:37 p.m.) Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006789E-006807E for $60,690.54, order check numbers 054199-054249 for $219,042.80, and payroll EFT 0512635-0512670 for $67,897.54. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. XIII. ADJOURN Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 8:39 p.m. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Martin aye Albers aye Motion passed unanimously. __________________________________ Kathleen Martin, Mayor Attest: ____________________________________ Caitlyn Walker, City Clerk