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HomeMy Public PortalAbout05.02.2023 City Council MinutesMedina City Council Meeting Minutes May 2, 2023 1 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 2, 2023 The City Council of Medina, Minnesota met in regular session on May 2, 2023 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, 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 (7:01 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:01 p.m.) A. Approval of the April 18, 2023 Work Session City Council Meeting Minutes Moved by Albers, seconded by DesLauriers, to approve the April 18, 2023 work session City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the April 18, 2023 Regular City Council Meeting Minutes Martin noted that prior to the meeting Johnson circulated one proposed change for incorporation. Moved by Albers, seconded by DesLauriers, to approve the April 18, 2023 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA (7:02 p.m.) A. Approve 2022 Annual Report B. Appoint Grace Illingworth to Youth Park Commission Seat Martin invited Grace Illingworth to introduce herself. Ms. Illingworth introduced herself and stated that she is very excited to be joining the Park Commission as a youth member. Martin thanked everyone that assisted in drafting the Annual Report. Moved by DesLauriers, seconded by Reid, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS (7:04 p.m.) Medina City Council Meeting Minutes May 2, 2023 2 A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer stated that the Park Commission met the previous week to discuss seating areas for Lakeshore Park and recognized the outgoing youth member Katia Cavanaugh. He stated that there was representation from the Commission at Medina Clean Up Day and comment cards were distributed to gather input on a new park. He stated that the park tour will take place on May 17th. C. Planning Commission Finke reported that the Planning Commission will not be holding a May meeting. VII. PRESENTATIONS (7:07 p.m.) A. County Commissioner Kevin Anderson County Commissioner Kevin Anderson introduced himself noting that he was elected in 2020 and reviewing his committee assignments. He highlighted the priorities that he has focused on during his time in office. He provided an update on broadband expansion, infrastructure, work with veterans, mental health support, business support, and community outreach. He also provided an update on the programs and initiatives they have been working on including Elevate Hennepin, road improvements, and budgeting. Martin commented that Medina staff has continued to work to bring reliable internet service to the community. She expressed concern that as Medina residents pay for service, that company uses the funds to reinvest in infrastructure in other areas and/or new developments rather than reinvesting in Medina. She noted that other communities have services available through cellular phone providers but that service is not yet available in Medina. Anderson stated that he could provide contacts that he has for those providers as well as other resources. Johnson provided some of the challenges the City has experienced. Martin noted that Medina residents continue to pay the same rate for poor service as other area communities do for good service. Anderson provided more details on the updated definition of broadband noting that may solve the issue of DSL service challenges. He stated that he would work with Medina in an attempt to address the issue. VIII. NEW BUSINESS A. Stormwater Pollution Prevention Pan – Public Hearing (7:24 p.m.) Johnson noted that an annual public hearing is required for the City’s Stormwater Pollution Prevention Plan (SWPPP). Scherer reviewed projects that were completed in the past year, future goals, and new MS4 permit mandates. He reviewed the minimum control measures and highlighted information on public education, public participation, illicit discharge, management of Medina City Council Meeting Minutes May 2, 2023 3 construction site runoff, management of post construction site runoff, and housekeeping items of municipal operations. He reviewed the partnering agencies the City works with related to stormwater management. Martin appreciated the report and expressed thanks for the dedication of City staff. She stated that perhaps there would be opportunities to incorporate volunteers into our stormwater management initiatives. Martin opened the public hearing. Martin recognized Pat Wulff for the things she has done to enhance water quality in Medina. Martin closed the public hearing. B. Loram/Scannell Final Plat (7:39 p.m.) Johnson stated that the applicant has brought forward the request for final plat which appears to be consistent with preliminary plat with the exception of the requested changes. Finke presented the final plat request and confirmed that the only changes that have been made since preliminary plat have been to address the comments made at preliminary plat. He stated that only three of the lots are proposed for development and displayed the approved site plan. He noted that the staff report provides details on how the conditions have or would be met. He reviewed the recommended trail easements and remaining park dedication payment. He stated that staff recommends a petition and waiver for street improvements that may be conducted as a public improvement in the future and provided details on that condition. He also provided specific dollar amounts to be included within the development agreement. Cavanaugh asked what the maximum park dedication would be. Finke stated that the maximum dollar amount for park dedication under the City’s ordinance would be $320,000 and explained how the proposed park dedication was calculated. Anderson stated that the $320,000 comes from a formula that the Court of Appeals states cannot be used. He stated that commercial park dedication is currently under review by the Supreme Court. He noted that staff has reviewed the justification for park dedication based on the demand that this development would place on the system. He commented that the full amount of $320,000 would not be legally justifiable. Finke stated that they have had discussions and have come to agreement with the property owner on the park dedication as proposed. Cavanaugh asked what amount of park dedication would be supportable if the city did not take any of the property. Finke stated that he looked at the combination of the land and park dedication fees. He stated that he believes that a fairly high number could be justified based on the City’s parks and trails plan. Medina City Council Meeting Minutes May 2, 2023 4 Cavanaugh commented that he would be hesitant to give up park dedication fees without a guarantee from Three Rivers Park District for the trail easements. Martin noted that the easement is over undeveloped land so the dollar value would be nominal. Cavanaugh commented that they are giving up park dedication between the two sites. Finke stated that staff believes that this is a good balance for park dedication for this project. Cavanaugh asked the number that is being given up for the easement. He commented that it should be the responsibility of Three Rivers to obtain that easement. Finke stated that the pedestrian crossing of Highway 55 is important for the whole process and as an amenity for the City, therefore it is a benefit to have the flexibility to provide for that. He commented that there is a risk that location will not be utilized or reimbursed in the same manner, but there is benefit to having those land rights in place to make the project more economically feasible. Cavanaugh commented that he does not disagree and supports the pedestrian crossing but did not believe that the City giving up park dedication would make a difference in whether that project goes forward. Finke commented that in having spent eight months trying to obtain three feet of roadway along Hackamore that would have marginal impact to property owners, he would be concerned with not taking this opportunity to secure the easement. Cavanaugh asked what the City would be giving up in terms of park dedication fees. Finke replied that even if the maximum park fee were considered under the current policy it would be a total of $270,000. Martin noted that Medina’s current policy is not legally conforming and therefore staff has done its best to determine the impact of this development on the park system which has equated to $66,000 in cash and a trail easement along Arrowhead in addition to the easement over the wetland. Cavanaugh commented that the City is giving up something for the easement area and asked what that would be. Finke replied that Anderson has provided details on his interpretation of the legal status of park dedication for commercial properties and how that relates to the City’s policy. Anderson replied that cities cannot plug a number into a formula for a commercial plat and assume that is what it would be entitled to; the City would have to establish a rough proportionality between the commercial development and the demand that would place on the park system. He stated that would be difficult to determine on a per acre basis. He stated that under the City’s current policy, a commercial property would be required to pay a higher rate than residential development when residential properties would Medina City Council Meeting Minutes May 2, 2023 5 place a much larger burden on the City’s park system. He stated that until the Supreme Court makes its ruling, staff has been attempting to balance the needs of the community versus the amount that could be justified. He stated that it would be almost impossible to know an exact number because of all the factors at play and lack of guidance in determining that number at this time. He stated that staff has also been working with Three Rivers Park District to plan for the regional trail. He recognized that is a hard concept to apply because they cannot easily establish what would be given up. Martin commented that the two trail easements and the payment of $66,000 seems to adequately address the impact this development would have on the parks system. Finke stated that if the City wants to be supportive of this asset to the community, he would caution against telling the Park District to obtain its own easements when the City has the opportunity to secure necessary easements. He stated that having the land available provides more value than the dollars that would be received through cash payment as the regional trail will be an asset to Medina. He commented that staff also believes that this calculation is justifiable. Anderson provided more details on the court case that triggered the Supreme Court review, noting that was a small development that was charged a park dedication fee of about $11,000. He commented that while the City will need to update its policy, they are awaiting the decision from the Supreme Court in order to have that guidance. Martin asked the Council for their position on the park dedication. Albers and Reid commented that they did not have issue with the park dedication as proposed. DesLauriers stated that he also supports the proposed park dedication but also shared the concern of Cavanaugh. He stated that after hearing the additional information from staff tonight he agrees this should move forward. He noted that the Cates development will soon follow and asked if there has been a calculation determined for that project. Finke stated that staff will present a proposed figure that would be in line with what was determined in this case but noted that there is not unbuildable land in that development request. Cavanaugh stated that although he would have liked to know what was being given up, he does support moving forward. Martin asked if there is a specific number or inflationary factor that would be built into the petition and waiver. Finke replied that there would be a percentage of cost allocated that would include a maximum amount. 1. Resolution 2023-61 Granting Final Plat Approval for Loram Industrial Addition Moved by Albers, seconded by DesLauriers, to adopt the Resolution 2023-61 granting final plat approval for Loram Industrial Addition. Motion passed unanimously. Medina City Council Meeting Minutes May 2, 2023 6 2. Development Agreement Moved by DesLauriers, seconded by Albers, to approve the Development Agreement by and between the City of Medina and Loram Maintenance of Way, Inc. and SP Loram Medina JV, LLC. Motion passed unanimously. C. 3844 Linden Drive E. Medina Highlands PUD Amendment (8:10 p.m.) Johnson stated that the applicant is requesting an amendment to the PUD for the Medina Highlands design standards only for the property at 3844 Linden Drive E to support construction of a deck. Finke stated that ultimately there was a building standard that specified that a deck would not extend past the house, which made sense for the homes in this area with the exception of this home. He stated that the Planning Commission held a public hearing and agreed with the staff recommendation to approve the request. Martin noted that this is a uniquely situated property and therefore the amendment seems to make sense. 1. Ordinance 708 Amending the Medina Highlands PUD District Related to 3844 Linden Drive E. Moved by DesLauriers, seconded by Albers, to adopt Ordinance 708 amending the Medina Highlands Planned Unit Development District related to 3844 Linden Drive E. Motion passed unanimously. 2. Resolution 2023-62 to Publish Ordinance 708 by Title and Summary Moved by DesLauriers, seconded by Reid, to adopt Resolution 2023-62 to publish Ordinance 708 by title and summary. Motion passed unanimously. IX. APPROVAL TO PAY THE BILLS (8:13 p.m.) Moved by Albers, seconded by Martin, to approve the bills, EFT 006808E-006818E for $28,768.37, order check numbers 054250-054279 for $249,590.92, and payroll EFT 0512671-0512701 for $67,362.83. Motion passed unanimously. X. CITY ADMINISTRATOR REPORT (8:14 p.m.) Johnson thanked public works staff, City Council, other City staff, public safety and others that assisted with Clean Up Day. Scherer noted that it is always a great community event and after review of the data he could provide an event summary to the Council. Johnson and Nelson stated that there have been some vehicle and home break ins recently and encouraged residents to lock their vehicles and homes. XI. MAYOR & CITY COUNCIL REPORTS (8:16 p.m.) Martin commented that she attended breakfast with Representative Phillips this morning and was able to hear about issues that different communities are facing. She stated that the following morning she, Johnson and Nelson will be attending the future fire district discussion. Medina City Council Meeting Minutes May 2, 2023 7 XII. ADJOURN Moved by DesLauriers, seconded by Cavanaugh, to adjourn the meeting at 8:18 p.m. Motion passed unanimously. __________________________________ Kathleen Martin, Mayor Attest: ____________________________________ Caitlyn Walker, City Clerk