HomeMy Public PortalAbout07-07-2020_minutesMedina City Council Meeting Minutes 1
July 7, 2020
MEDINA CITY COUNCIL MEETING MINUTES OF JULY 7, 2020
The City Council of Medina, Minnesota met in regular session on July 7, 2020 at 7:00
p.m. in the City Hall Chambers. Mayor Martin presided.
Martin read aloud a statement explaining that all City meetings will continue to be held in
a virtual manner due to the COVID-19 pandemic. She provided instructions on how the
public can access and participate in the meeting.
I. ROLL CALL
Members present: Albers, Anderson, DesLauriers, Martin, and Pederson.
Members absent: None.
Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi
Gallup, City Attorney Ron Batty, 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 (7:07 p.m.)
III. ADDITIONS TO THE AGENDA (7:08 p.m.)
Johnson stated that Anderson requested to add an item to the agenda titled Motion to
Rescind the Motion to Approve the Hackamore Road Project.
Moved by Anderson, seconded by DesLauriers, to add an item to the agenda to discuss
the Hackamore proposal with the idea of rescinding the previous vote from June 16,
2020.
Further discussion: Martin stated that if approved, perhaps this item should be added to
Old Business.
Batty stated that there should first be a vote on whether the item should be added to the
agenda. He noted that following that action the Council should consider approval of the
entire agenda.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers nay
Martin aye
Motion passed.
Johnson stated that the item could be added to the agenda as Item D under New
Business.
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IV. APPROVAL OF MINUTES (7:12 p.m.)
A. Approval of the June 16, 2020 Special City Council Meeting Minutes
Moved by Martin, seconded by Anderson, to approve the June 16, 2020 special City
Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the June 16, 2020 Regular City Council Meeting Minutes
Martin noted that proposed changes submitted by Anderson were distributed to the
Council prior to the meeting for incorporation.
Moved by Martin, seconded by DesLauriers, to approve the June 16, 2020 regular City
Council meeting minutes as amended. Motion passed unanimously.
III. ADDITIONS TO THE AGENDA (Continued) (7:15 p.m.)
Moved by Martin, seconded by Anderson, to approve the agenda as amended. Motion
passed with a vote of 4 -1 (Albers opposed).
V. CONSENT AGENDA (7:16 p.m.)
A. Resolution No. 2020-34 Appointing Election Judges for the August 11, 2020
Primary Election and November 3, 2020 General Election
B. Resolution No. 2020-35 Appointing Absentee Ballot Board for the August
11, 2020 Primary Election and November 3, 2020 General Election
C. Ordinance No. 657 Amending Section 512 of the Code of Ordinances
Regarding Surface Use of Lake Independence
D. Resolution No. 2020-36 Authorizing Publication of the Ordinance Regarding
Surface Use of Lake Independence by Title and Summary
E. Appoint Theresa Couri to the Planning Commission
Anderson referenced Item A, noting that the list of election judges was included in the
packet and asked if the list would be closed after approval or if others could still be
added to the list prior to the election.
Johnson stated that election judges can be added after tonight’s meeting.
Moved by Pederson, seconded by Anderson, to approve the consent agenda.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
VI. COMMENTS (7:20 p.m.)
A. Comments from Citizens on Items not on the Agenda
Gretchen Piper, candidate for State Senate, stated that she grew up in Hamel and
advised that she is running for District 33 as a candidate for Senate. She stated that she
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currently lives in Wayzata with her family and would be proud to serve as a Minnesota
State Senator. She provided background information on her career experience in the
medical, consulting, and education fields along with work with different non-profits. She
stated that she believes that the values of the community to work together are being
overshadowed by parties rather than representing the communities and their values.
She stated that she would like to focus on recovering from the pandemic including
getting children back to school, people back to work and allowing businesses to reopen.
She welcomed any additional comments from the Council and community and provided
her contact information.
Martin thanked Ms. Piper for introducing herself and looked forward to seeing how the
election process continues.
Piper thanked the Council for its dedication to the community.
B. Park Commission
Scherer reported that the Park Commission recently discussed the Park Capital
Improvement Plan, noting that the redesign of Hunter Lions Park project has begun with
the consultant. He reported that he and Martin attended the rededication of the little
league field the previous night, noting that the scoreboard installation should be
completed later this week.
Martin agreed that it was a fun event to attend.
Pederson asked if WSB has been hired to complete the redesign study for Hunter Lions
Park.
Scherer confirmed that WSB was hired for the redesign. He noted that the Hamel
Athletic Club and residents would be engaged for input during the process.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to hold three
public hearings: a preliminary plat request for the Meadowview townhome project from
Lennar, continued discussion related to accessory structure size and setbacks, and a
proposed amendment to the Code related to septic systems to remove the requirement
for percolation testing prior to permitting.
VII. NEW BUSINESS
A. Ordinance No. 658 Amending Building Materials in Commercial Districts;
Amending Chapter 8 of the City Code (7:32 p.m.)
Finke stated that the proposed amendment would make changes to the allowed exterior
material standards within the commercial, business, and industrial districts. He reviewed
the existing standards for new building construction within those districts, noting that the
City added an exemption to those building materials for cases of rehabilitating existing
buildings that have experienced water damage. He provided details on a request the
City has received to allow additional materials for rehabilitation. He provided details on
the engineered wood product. He stated that the proposed amendment would allow
engineered wood panels as an allowed material, in addition to the cement fiber
materials, to be allowed as a primary material in the case of rehabilitating existing
buildings. He noted that some brick, stone, stucco, or glass would still be required. He
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noted that the amendment would allow this within the business and industrial districts in
addition to the commercial district. He stated that there was also discussion in allowing
the materials to be used for rehabilitation in general rather than only for rehabilitation
resulting from water damage. He stated that the Planning Commission discussed using
metal siding but did not recommend that change. He stated that the Commission
discussed building materials in general and believed there would be benefit in reviewing
the building standards more broadly, when time permits, to determine if additional
amendments should be made.
Pederson asked if the amendment would allow the exception only for rehabilitation from
water intrusion.
Finke stated that the amendment as proposed by the Planning Commission would allow
for engineered wood or 5/8 thick fiber cement architectural panels for any rehab of a
masonry building, with or without water intrusion issues.
DesLauriers asked if there is a reason lap siding is excluded, noting that it looks nice
and has benefits in terms of lifespan.
Finke stated that his impression of the Planning Commission discussion was that the
recommendation was related to design, noting that the Commission viewed lap siding as
more of a residential material and therefore favored the panels.
DesLauriers referenced a portion of the staff report which mentions lap siding and asked
for clarification.
Finke confirmed that if the Council agrees with that limitation that should be added to the
list.
Martin commented that the ordinance is well drafted. She stated that she was intrigued
with the metal applications, as presented on the manufacturer’s website. She stated that
personally, if there was an applicant that wanted to review the possibility of a metal
exterior or using a metal product in the exterior, she would be interested in seeing the
request. She stated that she would entertain discussion about that at a future point.
Pederson agreed that metal has come a long way and agreed that it would make sense
to consider that material at a future time.
Finke stated that he spoke with the Building Official and commented that there would be
benefit in discussing building materials more broadly, as mentioned by the Planning
Commission. He confirmed that staff would prefer the Council to take action on the
ordinance as discussed tonight and the broader discussion could occur later, and
perhaps guided by an architect or someone with similar experience.
Martin clarified the proposed technical amendment related to lap siding.
Moved by DesLauriers, seconded by Albers, to adopt ordinance no. 658 amending
building materials in commercial districts, including the change mentioned by
DesLauriers on page four, line item three. Motion passed unanimously.
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1. Resolution No. 2020-37 Authorizing Publication of Ordinance No. 658 by
Title and Summary
Moved by DesLauriers, seconded by Anderson, to adopt Resolution No. 2020-37
Authorizing Publication of Ordinance No. 658 by Title and Summary. Motion passed
unanimously.
B. Resolution No. 2020-38 Calling for Public Hearing Levying Special
Assessment for Hickory Drive Street and Utility Improvement Project (7:52
p.m.)
Johnson stated that staff recommends that the Council hold a public hearing on August
4, 2020 to consider the proposed assessment for the Hickory Drive street and utility
improvement project. He noted that because of the virtual format, all votes should be
completed in a roll call format.
Moved by Anderson, seconded by DesLauriers, to adopt resolution no. 2020-38 calling
for public hearing levying special assessments for Hickory Drive street improvement
project.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
Martin asked if the Council needed to revisit any of the previous votes tonight that were
done by voice to complete roll call votes.
Batty stated that he was comfortable moving forward with the votes as completed
tonight, as the voice votes were clear. He stated that going forward, all votes should be
completed in roll call format.
C. Resolution No. 2020-39 Calling for Public Hearing Levying Special
Assessment for Brockton Lane Street and Utility Improvement Project (7:53
p.m.)
Johnson stated that staff recommends that the Council hold a public hearing on August
4, 2020 to consider the proposed assessment for the Brockton Lane street and utility
improvement project.
Moved by Anderson, seconded by Pederson, to adopt resolution no. 2020-39 calling for
public hearing levying special assessment for Brockton Lane street improvement project.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
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Martin aye
Motion passed unanimously.
Martin stated that she would like to go back and restate the votes in previous agenda
items with roll call votes. She reviewed the actions taken previously tonight confirming
the motions as documented in the minutes with roll call votes.
D. Hackamore Road Proposal Discussion (7:59 p.m.)
Batty stated that the item before the Council tonight would be consideration of a motion
to rescind, and not a motion to reconsider as a motion to reconsider can only be taken at
the meeting the action was taken. He explained that unlike a motion to reconsider, a
motion to rescind can be brought by anyone but needs three affirmative votes to be
adopted and reverse the previous action related to the engineering part of the
Hackamore study.
Moved by Anderson, seconded by DesLauriers, to rescind the direction to staff to
proceed with the design of the Hackamore Road project to a 75 percent level based
upon option two with the flexibility that had been discussed by the Council.
Further discussion: Martin asked Anderson to explain why he would like to proceed with
this action.
Anderson stated that this was first discussed three weeks ago, the prevailing argument
in moving forward with the planning process was to ensure the Medina would have a
seat at the table and be a part of the planning process. He stated that the argument that
he brought up at that time was that the City should not pay for having a seat at the table
when we would eventually be asked to join the process. He stated that he believes that
this project is more important to Corcoran than Medina because of the developer
pressure in Corcoran. Further, he stated that since the direction was given to staff to
move forward with the planning process there have been concerning developments in a
local newspaper from Corcoran City Council and staff. He stated that it seems that
Corcoran is far more vested in the project and will move more quickly than Medina would
like to and eventually will have to ask Medina to the table to join in planning discussions.
He stated that it is unclear as to what Corcoran will ask of Medina to financially
contribute. He stated thus far the costs have been split 50/50 for planning and he would
be opposed to Medina paying 50 percent of the project costs.
Martin asked if Anderson is asking the City to withdraw the action to proceed to 75
percent plans.
Pederson stated that he has changed his mind from the standpoint that he does not
understand how they can be completing design work without knowing who will pay the
construction costs. He stated that he agrees that this project is more beneficial to
Corcoran and he does not see how this can move forward until it is known the portion of
construction costs that Corcoran will pay. He stated that he does not like not knowing
the details of financing or the comments made in the local newspaper from Corcoran.
He agreed that this project would greatly benefit Corcoran and barely benefit Medina.
Albers asked if Medina “owns” half of the road.
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Scherer confirmed that the City line runs on the section line with each city responsible
for half the road.
Albers asked where Medina’s voice would be in the process if Medina pulls out of the
design process.
Scherer stated that the design process is not committing the City to a cost-share of the
construction. He stated that the planning process ensures that the appropriate right-of-
way could be taken when development comes forward. He stated that the road has
been improved once before when Medina had development and Corcoran did not. He
explained that this time the situation is flipped with Corcoran having development.
Albers stated that the conversation was that the City needs to go through the planning
process to identify the costs. He stated that the cost split cannot be discussed until the
cost is known. He believed that the planning must move forward in order to get to the
next step where the costs are known, and the split can be discussed. He noted that the
plans would have a long shelf-life and therefore would still be valuable down the road.
Scherer asked Stremel to provide an update on the work that has been done in the past
few weeks.
DesLauriers stated that he stands by his comments from the June 16th meeting. He
stated that there is a budget shortfall in 2021 and all the departments are attempting to
cut costs. He stated that the cost share for the project is unknown and the total project
cost is a lot of money. He stated that he continues to support his position.
Barnhart stated that for 2021 and for 2020 the City is not projecting a budget shortfall
overall. She stated that there will be a line item shortfall for the Hamel Community
Building, but the overall budget is not projected to be in a shortfall. She explained that
this project would be funded through the road fund and not the general fund, therefore
they are completely separate pots of funding.
Martin clarified that the design cost is within the road fund and that expenditure would
not impact the overall budget.
Barnhart explained that there was some lack of clarification during the budget kick off
meeting, as that focused on the general fund. She stated that the road projects have
budgeted funding within the road fund.
Anderson stated that he agrees that it is a good idea to try to be a part of the planning
process, except that in this case being a part of the planning process will cost the City
more than the $70,000 already spent. He stated that even though funds have been
budgeted, it will still be more than $70,000. He stated that if Medina is going to be asked
by Corcoran to re-engage in the process, the City would still get a seat at the table in the
design process.
Martin stated by being a part of the planning process, it would permit both sides of the
street to plan for right-of-way needs. She noted that there will be specific storm
improvement sites that could be placed on the church development site. She stated that
Medina has made it clear that it was not voting to fund the project but only participate in
the planning process. She stated that she does not believe the road will develop for
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some time but noted that the planning process would allow each city to secure the
needed right-of-way when the situations present themselves. She stated that Medina
already has significant build out on its side and therefore much of the right-of-way
dedication would happen on the Corcoran side, along with securing space for the
needed stormwater improvements. She stated that planning for the future is a wise
expenditure of funds to ensure that the road can be properly aligned and that there is
room for the needed improvements. She stated that she is not advocating for
proceeding with the project or funding the project at this time but believes that the
planning should occur. She used Brockton as an example, where the City received
right-of-way in advance of the project because it planned.
Anderson stated that he believed the City will be involved in the planning when Corcoran
goes forward with planning for the road.
Martin asked for the opinion of staff.
Albers stated that he is concerned with how the City spends its money. He stated that
the cost to plan for the project will only increase if that is kicked down the road. He did
not believe delaying the planning would be in the best interest of the City. He stated that
the planning needs to be completed and delaying that action will only increase costs
later. He stated that it is not in the best interest of the City to not move forward with this
planning process.
Anderson agreed that it is not likely that Corcoran will plan it on its own and will come to
Medina in the future to get the process started. He stated that it is still costing Medina
$70,000.
Albers commented that the cost will only go up and, in a few years, it will cost Medina
$80,000 or $90,000.
Pederson stated that his concern is the construction cost and the impression the article
in the local newspaper provided. He stated that there have been interactions with
Corcoran in the past that he felt were not fair. He stated that he realizes that without
planning, the construction costs will be unknown. He stated that there should be a
meeting between the City Administrators to discuss how the construction costs would be
split. He stated that there are a lot of unknowns right now due to COVID-19 and until
that passes, he struggles to spend funds on this.
Martin commented that this is not a vote to proceed to incur construction costs, noting
that the prior motion authorized moving to 75 percent design documents.
Finke stated that his recollection of the scope and costs do not match what is being
discussed tonight and asked Stremel for clarification.
Stremel stated that the 30 percent design had a cost of $67,000, out of the total amount
of $118,000 that is split between the two cities. He stated that the current billing to date
was about $70,000. He stated that with the holiday the previous week and authorization
a few weeks ago, there has not been many costs incurred for the 75 percent design
process. He confirmed that the remaining funds to reach 75 percent design would be
split between the two cities.
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Martin clarified that the cost to Medina to reach the 75 percent design phase would be
$25,000. She confirmed with Barnhart that those funds are available and have been
allocated in the road fund.
Barnhart recognized that there is uncertainty with the pandemic but noted that the funds
in the road fund cannot be used for City operations or to assist with pandemic costs.
She stated that funds in the road fund can only be used for road projects.
Finke asked Stremel to provide additional details on the benefits that would be provided
in developing the 75 percent design. He noted that there are existing drainage problems
on both sides of the road, and he believed that the 75 percent design took into account
those stormwater improvements that would provide benefit.
Stremel confirmed that the 75 percent design is a refinement of the design. He
explained that the 30 percent design focused on developing two options, whereas the 75
percent design would refine the option selected to determine specific right-of-way needs
and improvements that would be needed for the infrastructure, right-of-way, and
stormwater.
Martin commented that it seems that this process could lead to improvements on the
Corcoran side that would alleviate stormwater problems that residents are experiencing
on the Medina side of the road.
Scherer used the example of a Medina resident that experienced front yard flooding the
previous summer, noting that staff was trying to provide a resolution to those problems
through this process.
Albers asked if there are public safety concerns with the current condition of the road
and whether there would be challenges if additional traffic uses the road in this condition.
Nelson stated that from a public safety standpoint he was unsure there would be a big
impact on public safety.
DesLauriers asked if there is a chance this project could go over budget.
Stremel stated that the design costs are specified in the proposal and did not see that
would go over budget unless the scope of the project is changed.
Johnson asked the estimated lifespan of the current road.
Scherer stated that the eastern portion is in rough shape, noting that both Medina and
Corcoran did a lot of patching this year. He estimated that an overlay would be needed
in about one year. He stated that Medina has commitments to the developers on its side
of the road. He commented that the east side of the road is not in good shape.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers nay
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Martin nay
Motion passed.
Johnson stated that staff will move forward with the direction.
VIII. CITY ADMINISTRATOR REPORT (8:42 p.m.)
A. COVID-19 Public Meeting Update
Batty stated that this is an update on the past memorandum and of the discussion that
occurred at a recent Council meeting related to electronic meetings. He stated that
there are three legal reasons that allow non in person meetings including the pandemic,
local declaration of emergency and State declaration of emergency. He stated that
telephonic meetings can be conducted in different manners and noted that Medina has
gone the route of no in person attendance of the Council, staff of members of the public.
He stated that in the Medina declaration of emergency, it stated that it is not feasible to
hold in person meetings because of the small size of the Council Chambers. He stated
that if the Council wishes to take a different approach, it can return to in person meetings
or an interim step could be taken where some members attend in person and others
attend via telephone. He noted that some Councils have chosen to have Council and
staff attend in person with members of the public attending virtually. He stated that at
the last discussion, the majority of the Council wished to continue meeting in the current
manner. He stated that the declaration impacts not only the Council but all other Boards
and Commissions.
Anderson thanked Batty for this work and for the update. He stated that throughout this
process he has learned that the actions of the governmental leaders matter. He stated
that the public looks to its leaders for leadership and believed that the Council should err
on the side of caution and continue to meet virtually. He stated that it sends the
message that the Council is concerned with safety in Medina and demonstrates that
concern for safety.
Martin agreed with the comments from Anderson. She stated that Medina should
continue to be safe and encourage its residents to be safe. She stated that the Council
will continue to meet virtually.
B. Police Activity Update
Johnson stated that Chief Nelson will provide an update.
Nelson stated that there are multiple groups of people working to the west of Medina,
burglarizing homes, and stealing property, similar to the activity of the previous summer.
He stated that Medina has not experienced these burglaries, but the parties are traveling
through. He stated that they are crimes of opportunity, where garage or car doors are
unlocked. He noted that this activity has been steady for the past two weeks in the
communities to the west.
Martin stated that last summer, in instances where she felt comfortable, she did stop and
encourage residents to close their garages and lock their vehicles. She noted that in
most instances her comments were welcomed.
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Nelson stated that when Officers patrol at night and see open garage doors, they
attempt to shut them without waking up the homeowner. He stated that they also leave
reminder cards stating that they noticed the garage doors were open during the night.
He encouraged people to continue to have these discussions.
IX. MAYOR & CITY COUNCIL REPORTS (8:53 p.m.)
No additional comments.
X. APPROVAL TO PAY THE BILLS (8:54 p.m.)
Moved by Anderson, seconded by DesLauriers, to approve the bills, EFT 005560E-
005572E for $48,076.25, order check numbers 050346-050408 for $325,249.64, and
payroll EFT 0510320-0510347 for $52,519.62.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
XI. ADJOURN
Moved by Anderson, seconded by DesLauriers, to adjourn the meeting at 8:55 p.m.
A roll call vote was performed:
Pederson aye
Anderson aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Jodi M. Gallup, City Clerk