HomeMy Public PortalAbout09-21-2021_minutesMedina City Council Meeting Minutes 1
September 21, 2021
MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 21, 2021
The City Council of Medina, Minnesota met in regular session on September 21, 2021 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 Attorney Ron Batty, Finance
Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke,
and Chief of Police Jason Nelson.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:00 p.m.)
Johnson noted that staff is requesting to table Item 7A as Gallup was not able to attend
tonight.
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:00 p.m.)
A. Approval of the September 7, 2021 Work Session City Council Meeting
Minutes
Moved by Reid, seconded by Cavanaugh, to approve the September 7, 2021 work
session City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the September 7, 2021 Regular City Council Meeting Minutes
Martin noted that prior to the meeting Johnson distributed proposed changes submitted
by herself and Cavanaugh.
Moved by Cavanaugh, seconded by Reid, to approve the September 7, 2021 regular
City Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA (7:02 p.m.)
A. Appoint Jeremy Thorson to the Position of Public Works Maintenance
Technician
B. Resolution No. 2021-59 Granting a Conditional Use Permit for Ground
Mounted Solar Panels of 2,328 Square Feet for the Property at 2832 Hamel
Road
C. Approve Wetland Replacement Plan and Costs Related to Construction of
Chippewa Road from Mohawk Drive to Arrowhead Drive
D. Ordinance No. 675 Establishing a Planned Unit Development District for
Baker Park Townhomes and Amending the Official Zoning Map
E. Resolution No. 2021-60 Authorizing Publication of Ordinance No. 675 by
Title and Summary
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F. Resolution No. 2021-61 Granting PUD General Plan and Site Plan Review
Approval for Baker Park Townhomes
G. Approve Planned Unit Development Agreement by and between the City of
Medina and Medina Townhome Development LLC
Martin commented that she read through the document for Item G and commended
Batty for his excellent work in drafting documents.
Batty commented that was not his document, but that of Dave Anderson.
Moved by Martin, seconded by DesLauriers, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:04 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Finke reported that the Park Commission discussed the Marsh Point subdivision related
to parks and trails and recommended trail connections and a maintenance access for
public works. He stated that the Lakeshore Park Plan was also discussed, noting that
the Commission reviewed three possible layouts and endorsed a hybrid of the ideas
which will be presented to the Council.
C. Planning Commission
Planning Commissioner Grajczyk reported that the Commission met the previous week
to hold a public hearing to consider an ordinance amendment related to signs. He
explained that the applicant would like the ability to place a larger digital sign at Hwy 55
and CR 116. He summarized the discussion of the Commission noting that the request
was tabled with direction for staff to bring back additional information. He stated that the
Commission also completed a review of a request from BAPS Hindu Community Center
and received input from adjacent property owners.
VII. PRESENTATIONS
A. Resolution Recognizing Assistant City Administrator Jodi Gallup for 15
Years of Service to the City of Medina (7:10 p.m.)
Moved by Cavanaugh, seconded by DesLauriers, to table Resolution Recognizing
Assistant City Administrator Jodi Gallup for 15 Years of Service to the City of Medina.
Motion passed unanimously.
B. Resolution No. 2021-62 Recognizing Police Officer Andrew Scharf for Five
Years of Service to the City of Medina (7:10 p.m.)
Martin read aloud the draft resolution recognizing Police Officer Andrew Scharf for five
years of service to the City of Medina.
Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2021-62
Recognizing Police Officer Andrew Scharf for Five Years of Service to the City of
Medina.
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September 21, 2021
Further discussion: Nelson stated that Scharf is a perfect example of how the CSO
program can be used to evaluate candidates and promote them when an opening
presents itself. He commented that Scharf is a rising star in the organization. He noted
that it is nice to have young Officers that continue to educate themselves. He reviewed
some of the programs that Scharf is involved in on behalf of the department.
Martin presented Scharf with the resolution recognizing his five years of service to the
City of Medina.
VIII. NEW BUSINESS
A. Discussion on Ordinance Amending Chapter 3 of the City Code of
Ordinances Pertaining to Third Party Gift Card Procurement (7:15 p.m.)
Nelson stated that staff has been discussing this for over one year. He explained that he
would like to create an ordinance similar to that of the City of Shakopee. He stated that
initially there was pushback from the Shakopee ordinance but after gathering the data
and working with the big box companies they came to the solution of targeting Visa,
Mastercard, and American Express gift cards rather than gift cards for individual
retailers. He explained the ordinance has thwarted criminal activity in that city and
reduced theft. He stated that if there are enough cities on board, the initial goal could
possibly be reached which would be to go to the legislature. He stated that once per
week the department receives a call about theft from vehicles or mailboxes and related
stolen credit card activity. He stated that he has spoken with the lead asset protection
representative at Target. He noted that the Police Department only receives reports
when the victim files a report. He stated that the Target employee stated that they have
instances each day noting that one day there was $1,700 and the next $1,000. He
stated that this type of ordinance would allow him to work with the retailer on training
with the goal of thwarting criminal activity. He stated that he has spoken with other
Police Chiefs that stated if Medina passes this ordinance, they will also look at a similar
ordinance. He provided background information on recent auto thefts, noting that the
stolen credit cards are then used to purchase gift cards at Target. He asked the Council
to support this action and noted that he would then work with legal counsel to complete
drafting an ordinance.
Martin stated that she has some grammatic suggestions but nothing substantiative.
DesLauriers applauded Nelson for bringing this forward and taking the initiative. He
noted that in subdivision five, perhaps a passport could be added as a form of
identification.
Reid stated that she recalls reading police reports and seeing these repeated instances.
She noted that this is an easy crime to commit and commended Nelson for putting the
time in to tackle this problem.
Albers agreed that card fraud is a significant problem in the financial world. He asked for
clarification on when the gift card comes into play, whether it is stolen to begin with and
being used to purchase goods or whether it is the purchase of the gift cards.
Martin commented that it is the use of a stolen credit card to purchase a gift card.
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Albers asked if it would help to have gift cards placed behind the counter for purchase,
like cigarettes.
Nelson stated that he has considered that and would speak with retailers about that. He
agreed that it is helpful to make it less convenient to purchase gift cards with stolen
credit cards. He noted that certain medications require a purchaser to show
identification and that could be helpful as well. He stated that he would work with
retailers to find the best practice.
Albers stated that each payment terminal is programable and perhaps that is how the
self-checkout terminals are updated.
Nelson stated that he would work with the Police Chief in Shakopee as that city has
already worked with Target in their community. He noted that Police Chief is willing to
assist with training in Medina as well.
Martin thanked Nelson for his leadership. She confirmed the consensus of the Council
to support Nelson continuing to work on this matter.
VII. PRESENTATIONS (Continued)
B. Resolution No. 2021-62 Recognizing Police Officer Andrew Scharf for Five
Years of Service to the City of Medina (7:30 p.m.)
It was noted that although a motion was made, a vote was not taken.
Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2021-62
Recognizing Police Officer Andrew Scharf for Five Years of Service to the City of
Medina. Motion passed unanimously.
VIII. NEW BUSINESS (Continued)
B. Uptown Hamel Stormwater Analysis (7:31 p.m.)
Johnson provided background information on previous stormwater updates in Uptown
Hamel noting that since the time of the installation of those improvements, stormwater
requirements have changed. He stated that clarification is needed on the credits
available within the regional stormwater pond.
Finke explained that this would involve technical compliance and whether this meets the
requirements of the watershed and the City’s MS4 requirements, as the improvements
were designed under older regulations. He noted that it could also identify additional
improvements that could be made to gain compliance if needed. He stated that this
process would collect that background information and identify opportunities without
going further into the design process. He stated that information would then be reviewed
to determine if any of those opportunities should be explored.
Stremel confirmed that the analysis would be the main focus, to review the existing
system and identify opportunities.
Martin commented that this type of proactive activity has been helpful for Medina, and
she appreciates this type of forethought.
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Moved by Cavanaugh, seconded by Martin, to authorize work described in the Scope of
Services for the Uptown Hamel Analysis in an amount not to exceed $14,693. Motion
passed unanimously.
C. Discussion on Meeting Options Due to the Ongoing Pandemic (7:36 p.m.)
Martin stated that Batty has provided a memorandum and possible order for
consideration.
Johnson stated that Batty has drafted a memorandum updating the Council on what
would be necessary to return to remote meetings under Minnesota Statute. He noted
that Batty has also drafted an order related to remote meetings.
Martin commented that Johnson, Martin, or Batty have the ability to implement the order
when there is a pandemic. She noted that the number of cases is back on the rise and
there are a lot of members in the room that have children or grandchildren that have
returned to school who are not vaccinated. She noted that one Council person received
infection after vaccination and members of Commissions have had similar experiences.
She believed that it might be a good move to be proactive going into the fall season and
holidays. She commented that while the preference is to meet in person, it may make
sense to retreat back to virtual meetings through the end of the year.
DesLauriers asked how many cities have gone back to an emergency declaration.
Batty stated that out of the seven cities he represents, one city has returned to virtual
meetings, and he is aware of one watershed that has gone back as well. He noted that
a number of cities have remained virtual and did not return to in-person meetings. He
noted that the one city he represents that has returned to virtual meetings has a smaller
City Hall and did not feel they had adequate space to safely conduct meetings.
Cavanaugh commented that the Delta variant is pretty contagious. He stated that he
has been vaccinated for some time and that did not stop him from getting it. He stated
that if the virus continues to spread it will keep kids from attending school in-person.
Albers stated that he would be supportive of returning to virtual meetings.
Reid stated that she will support that if that is the consensus of the Council.
DesLauriers asked how virtual meetings would impact staff.
Johnson stated that staff would return to using the Teams platform as they did
previously.
DesLauriers asked how the public perceives virtual meetings.
Johnson noted that some people prefer that format as they can participate virtually and
do not need to be present at City Hall.
Finke stated that Medina has been cautious about camera use because of bandwidth
and internet issues. He stated that there is a way to provide audio through telephone
and then cameras can be turned on as well and if there is an issue with lag, audio would
not be impacted.
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Batty stated that under this portion of the statute there is not the issue that came forward
in the past related to being in a disclosed public place. He noted that people would be
able to attend from home without disclosing their location.
Cavanaugh stated that he understands the perception of not being in the room but
believed there are factors to support this.
Martin noted that if there is one action item that could have a lot of public input, it would
make sense to have virtual participation to ensure the room is not filled.
DesLauriers stated that he supports the move to virtual participation. He recognized that
it is difficult to wear the mask during long meetings.
Albers stated that his employer is in a holding pattern through the end of the year and
continues to operate virtually. He commented that while it is nice to be in person with
people, there is still a concern with COVID even though many people are vaccinated.
Reid confirmed that she would support the action as well.
Martin suggested that this item remain on the agenda moving forward to keep touching
base.
IX. OLD BUSINESS
A. Stetler Enterprises LLC – 500 Hamel Road – Prairie Creek Preliminary Plat
and Variance (7:49 p.m.)
Johnson stated that staff was directed to move forward with Preliminary Plat and the
variance at the September 7th meeting and this was placed on the agenda rather than
the Consent Agenda in order to allow Cavanaugh the opportunity to recuse himself as
he has done previously.
Cavanaugh recused himself.
1. Resolution No. 2021-63 Granting Preliminary Approval of the Prairie
Creek Plat
Moved by DesLauriers, seconded by Albers, to adopt Resolution No. 2021-63 Granting
Preliminary Approval of the Prairie Creek Plat. Motion passed unanimously.
(Cavanaugh abstained)
2. Resolution No. 2021-64 Granting Variance Approval for Increased
Maximum Setback for 500 Hamel Road
Moved by DesLauriers, seconded by Reid, to adopt Resolution No. 2021-64 Granting
Variance Approval for Increased Maximum Setback for 500 Hamel Road. Motion
passed unanimously. (Cavanaugh abstained)
Cavanaugh rejoined the Council.
X. CITY ADMINISTRATOR REPORT (7:51 p.m.)
Johnson thanked Nicole Jacobson and all the other staff members for their fantastic
work with the Celebration Day event. He stated that the Police Union reviewed the
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proposed agreement from the City and approved that agreement. He noted that it will
come back on the October 5th Consent Agenda for Council approval.
XI. MAYOR & CITY COUNCIL REPORTS (7:52 p.m.)
Reid provided an update on her recent work with the Uptown Hamel business owners
related to marketing and branding.
DesLauriers commended staff for a well-done Celebration Day event. He noted that the
new play areas attracted many children.
XII. APPROVAL TO PAY THE BILLS (7:54 p.m.)
Moved by DesLauriers, seconded by Cavanaugh, to approve the bills, EFT 006078E-
006092E for $52,462.54, order check numbers 051977-052047 for $358,629.23, and
payroll EFT 0511301-0511330 for $57,273.46. Motion passed unanimously.
XIII. ADJOURN
Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 7:55 p.m.
Motion passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Jodi M. Gallup, City Clerk