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HomeMy Public PortalAbout07.05.2023 City Council MinutesMedina City Council Meeting Minutes July 5, 2023 1 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 5, 2023 The City Council of Medina, Minnesota met in regular session on July 5, 2023 at 7:02 p.m. in the City Hall Chambers. Acting Mayor Albers presided. I. ROLL CALL Members present: Albers, Cavanaugh (virtually arrived at 7:32 p.m.), DesLauriers, and Reid. Members absent: Martin. Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney Dave Anderson, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police Jason Nelson. II. PLEDGE OF ALLEGIANCE (7:02 p.m.) III. ADDITIONS TO THE AGENDA (7:02 p.m.) The agenda was approved as presented. IV. APPROVAL OF MINUTES (7:03 p.m.) A. Approval of the June 20, 2023 Work Session City Council Meeting Minutes Moved by Albers, seconded by DesLauriers, to approve the June 20, 2023 work session City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the June 20, 2023 Regular City Council Meeting Minutes Albers noted that prior to the meeting Johnson distributed changes as suggested by Martin. Moved by Albers, seconded by Reid, to approve the June 20, 2023 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA (7:04 p.m.) A. Approve Temporary Liquor License to Holy Name of Jesus Christ Church at 155 County Road 24 on September 16, 2023 B. Resolution 2023-73 Approving the Agreement between the City of Medina and Law Enforcement Labor Services, Inc. Representing the Local #36 Bargaining Unit for the Calendar Years 2024-2025 C. Resolution Accepting Donation from Garrett Larson Insurance Agency D. Adopt the Lakeshore Park Concept Plan and Direct Staff to Update the Related Policies Johnson noted that Item C will need to be removed from the Consent Agenda. He noted that should Cavanaugh connect into the meeting virtually at some time tonight, it could be considered at that time. Albers commented that the plan for Lakeshore Park looks nice and thanked staff and the Park Commission for that work. Medina City Council Meeting Minutes July 5, 2023 2 Moved by Reid, seconded by DesLauriers, to approve the consent agenda as amended. Motion passed unanimously. VI. COMMENTS (7:06 p.m.) A. Comments from Citizens on Items not on the Agenda Kate Agarwala, 3241 Butternut Drive, commented on her concerns with noise from the pickleball courts at Hunter Park. She commented that her backyard is only 300 feet from the courts, and they can hear the noise in her home and even down the road from her home. She proposed hours of 9 a.m. to 7 p.m. on weekdays, not to exceed seven consecutive hours per day, and 10 a.m. and 5 p.m. on weekends, not to exceed four consecutive hours per day. She also requested that the courts be closed one or two days per week. She commented that neighbors should be allowed to use their outdoor space and have some time of quiet. She understood that players may be frustrated with lesser hours but noted that this court is close to homes and future pickleball courts could be placed in areas further from homes. She believed that switching the tennis courts at Hamel Legion Park and the pickleball courts at Hunter Park would be the best option. She commented that this is a national issue and concerns were expressed on the proposed courts prior to the courts being opened. Albers commented that the Council has received the emails and articles from the resident as well. Brian Kirkendall, 3185 Butternut Drive, stated that he lives across the street from the pickleball court and has had a visit from the Mayor. He expressed concerns about parking and the noise. He commented that he completed a noise test and provided those results. He asked for a plan to address parking. He noted that he reviewed the meeting minutes from the last four years and provided excerpts. He commented on the visual impact of the courts and traffic and asked what the plan is to address this. He commented that he has been told that the HOA should add landscaping but noted that the City is responsible for its side of the street. Christine Kirkendall, 3185 Butternut Drive, commented that she would like to appeal to the sympathy of the Council for people that are unwell. She commented that she has a neurological disorder and cannot sleep with the courts in her backyard because of the constant noise of the ball. She commented that they waited ten years to put the deck on their home and now they cannot enjoy it because of the noise from the pickleball courts. Albers appreciated the input from the residents. B. Park Commission Scherer stated that the Park Commission discussed the pickleball courts and the resident concerns. He recognized the popularity of the courts. He commented that the City has denied all league requests to use the courts. He noted that they received the first complaint two days after the courts opened. He stated that the Park Commission asked that this be monitored for the next month, with additional research being done in the community by Commission members. He noted that he was also directed to look into screening and sound barrier options. He stated that the Commission plans to bring some recommendations to the Council following its next meeting. He stated that he is also looking into potentially placing screening across the street in the right-of-way, to better screen the homes. Medina City Council Meeting Minutes July 5, 2023 3 He stated that the Commission also discussed the Holy Name Preserve of Medina, and the Commission recommended the trail easement connecting Holy Name Drive to Brockton. DesLauriers asked how hour restrictions would be done at the courts, whether that would be done with a padlock. Scherer stated that they would perhaps post the times. He noted that currently the courts are open during park hours, sunrise to sunset. He did not think the courts would need to be locked. DesLauriers noted that he believes parking could be easily resolved. Scherer confirmed that there is additional parking as the ball field is only used by HAC for practice. Kirkendall commented on statements made during a Park Commission meeting in 2020 where a representative from HAC stated that they would use the field for little league. Scherer stated that he spoke with HAC and was reassured that the field is only used for practice. DesLauriers stated that the HAC contract is reviewed annually and is easily amendable. Albers stated that perhaps a proposal for reduced hours could be presented to the Council at its next meeting to provide some temporary relief as a recommendation from the Park Commission would not be considered by the Council until August. Cavanaugh joined the meeting virtually. C. Planning Commission Finke reported that the Commission does not have any hearings to consider at its next meeting. He noted that there is a discussion item the Commission could consider or that could be postponed to the next meeting. He noted that he will speak with the Chair to make that determination. VII. PRESENTATIONS (7:33 p.m.) A. Swearing In Ceremony for David Hall Albers conducted the swearing in of Officer David Hall. Nelson commented that Hall has been an employee of Medina for 20 years and is a pillar of the organization. He commented that he will be a great Sergeant. V. CONSENT AGENDA (Continued) (7:36 p.m.) C. Resolution 2023-74 Accepting Donation from Garrett Larson Insurance Agency Johnson stated that $200 was received for the Cops and Bobbers Program. Medina City Council Meeting Minutes July 5, 2023 4 Albers thanked the agency for the generous donation, which was much appreciated for a great event. Moved by DesLauriers, seconded by Reid, to adopt Resolution 2023-74 accepting donation from Garrett Larson Insurance Agency. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Albers aye Motion passed unanimously. VIII. NEW BUSINESS A. Reflections Dental Care – 872 Highway 55 – Site Plan Review (7:37 p.m.) Johnson stated that the applicant is requesting site plan review for a multi-tenant building at 872 Highway 55. He noted that the existing buildings would be demolished to construct the new facility. Finke identified the subject site, which is guided for commercial use and zoned commercial highway. He stated that the site is currently accessed from Highway 55 and noted that the proposed uses are allowed within the zoning district. He noted that as proposed the site would meet the minimum parking for office and retail, with a condition that uses with a higher parking need not be permitted without review to ensure sufficient parking. He stated that relative dimensional standards are met by the proposal, with access to remain in the current location. He noted that if Clydesdale Trail is extended in the future, access could be provided from that location. He provided a brief summary of design, materials, and landscaping. He stated that the Planning Commission reviewed this at its last meeting and unanimously recommended approval. He stated that concern was expressed about the access but it is an existing access and there is not the needed right-of-way to provide access from Clydesdale. DesLauriers asked for clarification on the private property. Finke replied that property is owned by McDonalds and estimated that to be less than half an acre. DesLauriers commented that vehicles leaving that area often turn right, but sometimes cross all the way over. He stated that there is a proposed driveway for the future and asked if that could be done now. Albers noted that McDonalds would need to be approached for the right-of-way. Finke confirmed that McDonalds owns that property and would need to be approached. He recognized that it would be in the interest of the City and applicant to have that connection. He noted that there would need to be a willing sale of the property, or some other process. Medina City Council Meeting Minutes July 5, 2023 5 DesLauriers noted that Peg’s would also benefit from that driveway access as well. Finke commented that he would imagine that the property owner would like to at least keep a limited access onto Highway 55. He noted that control would be by MnDOT, and the City would not have that control to limit access in that location. Albers asked if the building would house two or three tenants. He recognized that the dental use would limit the other occupants. Finke commented that there would be sufficient parking for retail. Albers invited the applicant to speak. Mark Fuller, representing the applicant, commented that the City could undergo a taking to create the access to the north. He commented that they would not have a method to force access themselves. He commented on the issue of slope. He noted that if the access were to happen, that would need to happen relatively quickly as it would not only impact their property but also Peg’s and McDonalds. He stated that currently they have planned for a fire turnaround that would not be needed if the alternate access were provided which would leave that as additional impervious surface. DesLauriers commented that the plan looks good and will clean up the site. Albers agreed. He commented that he likes the condition to explore connection to Clydesdale as part of the process. He questioned if the City should take the lead on that or whether the applicant should be directed to work with McDonalds. Fuller commented that they would be a willing participant but would want the City to take the lead. He commented that although they have a connection planned that would meet engineering standards, it is not optimal if the cul-de-sac stays in the current condition because of the slope. DesLauriers commented that he recalled that Peg’s was looking to make some improvements and asked for details. Finke replied that Peg’s is doing a small addition. He recapped that there is an interest from the Council and Planning Commission that staff engage to determine what could be done to move that access to the north forward. He recognized that would need to be done after the site plan review and as construction commences. Cavanaugh asked if there was anything that would need to be done to the approval to leave that connection option open. Finke commented that they could work something into the language that would allow for that connection to the north and could be reviewed administratively by staff. The Council agreed. 1. Resolution 2023-75 Granting Site Plan Review Approval to Nitya Investments LLC for Construction at 872 Highway 55 Medina City Council Meeting Minutes July 5, 2023 6 Moved by DesLauriers, seconded by Reid, to adopt Resolution 2023-75 granting site plan review approval to Nitya Investments, LLC for construction at 872 Highway 55 with the additional language as mentioned by Finke. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Albers aye Motion passed unanimously. B. School Lake Nature Preserve (7:59 p.m.) Johnson stated that final plat approval was given for this six lot subdivision in 2018 and the applicant is requesting an amendment. He stated that there are formal English gardens, and the property owner would like to separate those from the lot to allow the smaller lot to be sold. He stated that the garden would be on its own outlot, which would not be buildable and would be conveyed to another property owner in the subdivision. Finke commented that this conservation design subdivision was approved in 2018 and provided brief background. He commented that the subject site is within the buildable lots and does not impact the conservation areas. He noted that the proposal would take a portion of the buildable lot and create an outlot that could be conveyed to a property owner within the subdivision. He noted that the initial plan would be to convey that to Mr. Marks who would continue to maintain the garden. He commented that staff suggests that outlot G be incorporated into this plat which will only change the legal description. He stated that the Planning Commission did recommend approval. Albers invited the applicant to speak. Kent Williams, representing the applicant, commented that this is pretty straightforward. He noted that this change would make the lot more saleable. He noted that the maintenance of the garden would be cumbersome for someone to take on. He noted that the outlot would be conveyed to the applicant and he would continue to maintain the garden. He also confirmed agreement with the change discussed by Finke with outlot G. DesLauriers commented that it was recommended by staff that the Council delay action until the plat is updated. Finke commented that staff would prepare the documents but would not present them for approval until the plat is updated. Moved by Reid, seconded by Albers, to direct staff to prepare approval documents for the amendment to the School Lake Nature Preserve CD-PUD district and the School Lake Nature Preserve 3rd Addition plat. A roll call vote was performed: Cavanaugh aye Reid aye Medina City Council Meeting Minutes July 5, 2023 7 DesLauriers aye Albers aye Motion passed unanimously. C. Moratorium on the Operation of Cannabis Businesses – Public Hearing (8:09 p.m.) Johnson stated that in the 2023 legislative session there was action to legalize recreational cannabis for adults over 21 years of age and it has been recommended by legal counsel that the City adopt an interim ordinance imposing a moratorium to allow the City to study the issue. Anderson stated that businesses will soon be allowed to sell recreational cannabis products following the recent legislative action. He noted that cities will have little authority to regulate cannabis businesses once the Office of Cannabis Management (OCM) is up and running. He commented that although cities cannot prohibit cannabis businesses from operating, the City can place reasonable restrictions on the time, place and manner of these businesses. He stated that cities will be able to limit the maximum number of cannabis businesses in relation to the population of the city. He noted that cities are allowed to adopt an interim ordinance that would temporarily prohibit cannabis businesses until January of 2025, which is about six months longer than a typical moratorium. He noted that it is anticipated that the OCM will be running and issuing licenses in late 2024 or early 2025. He stated that this moratorium would allow the City to study the issue and determine how it would want to place its regulations. He stated that in November the City approved a moratorium on the low dose THC products that were legalized in the previous legislative session and noted that staff will bring back recommendations to address the sale of those items as those are not addressed under the new moratorium. DesLauriers asked if the edible moratorium could be extended to align with this moratorium. Anderson replied that moratorium can only run for one year. He stated that staff is looking into whether the City can prohibit the sale of those items until the State begins licensing. Albers opened the public hearing. No comments. Albers closed the public hearing. 1. Interim Ordinance 711 Authorizing a Study and Imposing a Moratorium on the Operation of Cannabis Businesses within the City of Medina Moved by Reid, seconded by DesLauriers, to adopt Interim Ordinance 711 authorizing a study and imposing a moratorium on the operation of cannabis businesses within the City of Medina. A roll call vote was performed: Medina City Council Meeting Minutes July 5, 2023 8 Cavanaugh aye Reid aye DesLauriers aye Albers aye Motion passed unanimously. 2. Resolution 2023-76 to Publish Ordinance by Title and Summary Moved by Albers, seconded by Reid, to adopt Resolution 2023-76 to publish the ordinance by title and summary. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Albers aye Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT (8:21 p.m.) Johnson noted that the Hamel Rodeo begins the following night and runs through the weekend with different events including the parade on Sunday at 1 p.m. X. MAYOR & CITY COUNCIL REPORTS (8:22 p.m.) DesLauriers noted the official merger of Loretto and Hamel fire departments which became effective on July 1st. Albers recognized that is a huge achievement that has been ongoing for a number of years. XI. APPROVAL TO PAY THE BILLS (8:22 p.m.) Moved by DesLauriers, seconded by Reid, to approve the bills, EFT 006890E-006906E for $73,506.14, order check numbers 054487-054540 for $189,799.84, and payroll EFT 0512804-051832 for $62,634.10. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Albers aye Motion passed unanimously. Medina City Council Meeting Minutes July 5, 2023 9 XII. ADJOURN Moved by Albers, seconded by Reid, to adjourn the meeting at 8:23 p.m. A roll call vote was performed: Cavanaugh aye Reid aye DesLauriers aye Albers aye Motion passed unanimously. __________________________________ Kathleen Martin, Mayor Attest: _________________________________ Caitlyn Walker, City Clerk