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HomeMy Public PortalAbout08.02.2023 City Council MinutesMedina City Council Meeting Minutes August 2, 2023 1 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 2, 2023 The City Council of Medina, Minnesota met in regular session on August 2, 2023 at 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. I. ROLL CALL Members present: Albers, Cavanaugh, Martin, and Reid. Members absent: DesLauriers. Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, City 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.) Johnson requested to add an item to the agenda, under New Business, Proposal for Professional Engineering Services for Pickleball Noise Monitoring Study Through ESI Engineering. Moved by Cavanaugh, seconded by Albers, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES (7:01 p.m.) A. Approval of the July 18, 2023 Work Session City Council Meeting Minutes Moved by Albers, seconded by Cavanaugh, to approve the July 18, 2023 work session City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the July 18, 2023 Regular City Council Meeting Minutes Martin noted that prior to the meeting Johnson distributed proposed changes to the minutes for incorporation that she had suggested. Moved by Martin, seconded by Cavanaugh, to approve the July 18, 2023 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA (7:02 p.m.) A. Approve 2024 Rates with Kennedy & Graven B. Adopt 712 Ordinance Prohibiting Cannabis and Hemp Use in Public Places C. Adopt Resolution 2023-77 to Publish Ordinance 712 Prohibiting Cannabis Use in Public Places by Title and Summary D. Adopt Ordinance 713 Amending the Salaries of the Mayor and Members of the City Council E. Adopt Resolution 2023-78 to Publish Ordinance 713 Amending the Salaries of the Mayor and Members of the City Council by Title and Summary F. Adopt Ordinance 714 Amending the 2023 Fee Schedule Medina City Council Meeting Minutes August 2, 2023 2 G. Adopt Resolution 2023-79 to Publish Ordinance 714 Amending the 2023 Fee Schedule by Title and Summary H. Adopt Resolution 2023-80 Granting Extension of Time to Effectuate BAPS Minneapolis Medina LLC Site Plan Review Approval I. Adopt Resolution 2023-81 Granting Extension of Time to Request Final Plat Approval for Pioneer Trail Preserve J. Approve Brush Grinding and Removal Service Agreement K. Adopt Ordinance 715 Establishing a Planned Unit Development District for “Preserve of Medina” and Amending the Official Zoning Map L. Adopt Resolution 2023-82 Authorizing Publication of Ordinance 715 Establishing a Planned Unit Development District for “Preserve of Medina” by Title and Summary M. Resolution 2023-83 Granting Preliminary Plat and PUD General Plan Approval for Preserve of Medina N. Authorize WSB to Complete the Preliminary Analysis/Feasibility Report for the Morningside Ravine Stabilization and Pond O. Approve Hackamore Road Project Change Order No. 1 Martin noted that the increases to the compensation for the Mayor and City Council will not become effective until after the next City election. She commented that the rates had not changed since 2007 and therefore the Council believed that compensation should be adjusted for the members of the future City Council. Moved by Reid, seconded by Cavanaugh, to approve the consent agenda. Motion passed unanimously. VI. COMMENTS (7:05 p.m.) A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Park Commissioner Sharp reported that the Park Commission met on July 19th to hear a presentation on a grant opportunity for park fitness equipment but decided that the cost- share contribution from the City would be too costly. He stated that the Commission heard information from the Cavanaughs related to a farmers market for Uptown Hamel and the Commission was interested in the concept. He stated that the majority of the meeting was spent discussing noise mitigation for pickleball, noting that staff provided some examples of mitigation, but the Commission was hesitant to select a mitigation effort as there was concern that could potentially make the issue worse. He stated that the Commission recommends a professional noise study be completed and then the Commission will discuss mitigation efforts after that data is available. C. Planning Commission Finke reported that the Planning Commission will meet the following week to hold a public hearing to review the tree preservation ordinance regulations. VII. OLD BUSINESS (7:09 p.m.) A. Hamel Townhomes Johnson stated that the applicant is requesting an extension of time to record the final plat until February 28, 2024. Medina City Council Meeting Minutes August 2, 2023 3 1. Resolution 2023-84 Granting Extension of Time to Record Hamel Townhomes Final Plat Moved by Albers, seconded by Reid, to adopt Resolution 2023-84 Granting Extension of Time to Record Hamel Townhomes Final Plat, Amending Resolution 2022-64. Motion passed unanimously. VIII. NEW BUSINESS A. Cates Industrial Park – Easement Vacation – Public Hearing (7:10 p.m.) Johnson stated that the applicant is requesting final plat approval, which is currently under review by staff. Staff recommends that the Council hold the public hearing tonight and postpone action until the final plat is considered. Finke provided a summary of the request noting that there are drainage and utility easements that exist from two previous plats. He stated that the final plat would dedicate the necessary easements. He stated that staff does not recommend action on the easement vacation until the time final plat is considered, noting that one of the conditions would be that new easements are dedicated. Martin opened the public hearing. No comments. Martin closed the public hearing. B. Nuisance Abatement 1285 Willow Drive (7:12 p.m.) Johnson stated that staff has received complaints about this property because of its tall grass and weeds. The City is able to abate a nuisance if the property owner does not mow within a specified period of time. He stated that if that does not occur, the City would hire a contractor to complete the mowing. He stated that the property owner is aware of this issue but there has not been any communication from the property owner. Martin announced the opportunity for anyone representing the property owner to speak. No such person came forward. Johnson stated that the City would hire a contractor to mow the property and that cost would be assessed to the property. Finke stated that the property owner stated that they were going to try to mow but has not yet. He stated that they would allow the additional time of the weekend before moving forward with abatement. Cavanaugh suggested changing the date to August 9th to allow a few additional days. Albers asked if the property owner is elderly. Johnson believed that to be true. Medina City Council Meeting Minutes August 2, 2023 4 Albers commented that he would be surprised that someone in the neighborhood was not assisting. Finke commented that he would not want to speak on the behalf of the property owner but believed that had been occurring in the past but there had been disputes. Albers commented that it appears there is a hole in the corner of the roof of the home and asked if the City needs to look at that as well. Finke noted that staff is monitoring that as well. Moved by Cavanaugh, seconded by Reid, to determine that the current condition of grass and weeds in excess of eight inches in height at 1285 Willow Drive constitutes a nuisance pursuant to City Code Section 330, and that if the nuisance is not abated by August 9, 2023, City staff or contractors shall abate the nuisance and invoice the costs to the owner of the property. Motion passed unanimously. C. Proposal for Professional Engineering Services for Pickleball Noise Monitoring Study Through ESI Engineering (7:17 p.m.) Johnson stated that at the last meeting staff was directed to find a local engineer that completes noise studies. He stated that WSB recommended ESI and staff met with the firm who put together a proposal for the Council to consider. He provided input on a question from Resident Cathy Carr related to impulsive noise levels, noting that could be monitored but the MPCA does not have such regulation according to ESI. Martin acknowledged that the Council did receive the comments from two residents and the consultant took the time to respond to the inquiries. She commented that she does know ESI to be a reputable firm. Stremel commented that WSB has worked with ESI in the past, as have other municipalities for similar noise studies. Cavanaugh asked if the Council would want the input of the Parks Commission, acknowledging that would delay the process by a few weeks. Martin commented that she is confident with this recommendation and would be hesitant to delay action as they are attempting to determine if the noise from the pickleball courts is excessive. Park Commissioner Sharp confirmed that the Council should proceed with the study at this time and that action should not be delayed. Cavanaugh commented that he has stopped at the courts at each opportunity that he has had and does not think that this study will show noise levels exceeding the recommended levels. Martin commented that may be the result, but this will provide the necessary data to determine if the noise is exceeding the allowed levels. Cavanaugh commented that the cost of the study is $7,000 and perhaps that would be better used towards mitigation. Medina City Council Meeting Minutes August 2, 2023 5 Martin commented that they do not know if the mitigation will really mitigate the noise. Sharp commented that the Park Commission did not want to move forward with mitigation until there are sound facts and data. He stated that numbers can be thrown around about distances and wind but that may not be applicable to this situation. He noted that he was previously on the Park Commission in Maple Grove and reached out to that community about their experience with pickleball. He stated that Maple Grove roughly has 64 pickleball courts throughout their parks, noting that 18 courts in one location were recently approved. He stated that community has experience with the pickleball courts for almost ten years and their number one issue is that they do not have enough courts. He commented that City has not received any complaints about noise. He stated that Maple Grove plans to install some landscaping berming in the location where 18 courts are proposed, but are not using any other mitigation efforts at this time. He noted that the closest courts in that community are 150 feet from residential properties. He stated that Maple Grove has never completed a sound study as they have not received any noise complaints. He commented that the Commission is trying to be good stewards of funds and does not want to recommend abatement without the correct data. Albers stated that he supports completing the study to have the necessary data to make decisions. He asked if there are any changes to the proposal that should be considered given the information received in the last few days from residents. Scherer provided details on the locations proposed for monitoring. Finke commented on the different considerations of the number of locations that should be used and length of time. He stated that leeway could be given to the strategy for collection of the data if desired, working within the same budget. Albers commented that he would like to provide that flexibility. Moved by Albers, seconded by Reid, to approve the execution of the proposal for professional engineering services for pickleball noise monitoring study through ESI Engineering, subject to the caveat that changes to data collection could be made by staff if that is determined to be more effective/efficient so long as there is not significant additional cost. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT (7:30 p.m.) Johnson commented on updates currently underway for the Council Chambers. X. MAYOR & CITY COUNCIL REPORTS (7:31 p.m.) Albers thanked Sergeant Hall for taking him around to the events for Night to Unite, noting that he enjoyed his time with the members of the community. Martin commented that she also had a great time with Chief Nelson and enjoyed her conversations with residents. Medina City Council Meeting Minutes August 2, 2023 6 XI. APPROVAL TO PAY THE BILLS (7:33 p.m.) Moved by Martin, seconded by Reid, to approve the bills, EFT 006922E-006939E for $66,945.71, order check numbers 054599-054648 for $472,226.61, and payroll EFT 0512868-0512897 for $66,469.50. Motion passed unanimously. XII. CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 11- 118-23-21-0005 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(c) Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 7:33 p.m. to consider land acquisition at PID 11-118-23-21-0005 pursuant to Minn. Stat. 13D.05, subd. 3(c)(3). Motion passed unanimously. The meeting returned to open session at 7:39 p.m. XIII. ADJOURN Moved by Cavanaugh, seconded by Reid, to adjourn the meeting at 7:39 p.m. Motion passed unanimously. __________________________________ Kathleen Martin, Mayor Attest: ____________________________________ Caitlyn Walker, City Clerk