HomeMy Public PortalAbout02-02-2021_minutesMedina City Council Meeting Minutes 1
February 2, 2021
MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 2, 2021
The City Council of Medina, Minnesota met in regular session on February 2, 2021 at
7:00 p.m. in the City Hall Chambers. Mayor Martin presided.
Martin read aloud a statement explaining that meetings continue to be held in a virtual
format due to the ongoing pandemic and provided instructions on how members of the
public can participate.
I. ROLL CALL
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid.
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 (7:04 p.m.)
III. ADDITIONS TO THE AGENDA (7:04 p.m.)
Johnson requested to add an item to the agenda as 9B titled Fire Services Update.
Moved by DesLauriers, seconded by Martin, to approve the agenda as amended.
A roll call vote was performed:
Reid aye
Cavanaugh aye
Albers aye
DesLauriers aye
Martin aye
Motion passed unanimously.
IV. APPROVAL OF MINUTES (7:06 p.m.)
A. Approval of the January 19, 2021 Work Session City Council Meeting
Minutes
Moved by Albers, seconded by DesLauriers, to approve the January 19, 2021 work
session City Council meeting minutes as presented.
A roll call vote was performed:
Albers aye
DesLauriers aye
Reid aye
Cavanaugh aye
Martin aye
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February 2, 2021
Motion passed unanimously.
B. Approval of the January 19, 2021 Regular City Council Meeting Minutes
Martin noted that prior to tonight’s meeting Johnson distributed proposed corrections to
the minutes as submitted by Martin, Cavanaugh and DesLauriers.
Moved by Martin, seconded by Cavanaugh, to approve the January 19, 2021 regular
City Council meeting minutes as amended.
A roll call vote was performed:
Martin aye
Cavanaugh aye
Reid aye
DesLauriers aye
Albers aye
Motion passed unanimously.
V. CONSENT AGENDA (7:08 p.m.)
A. Approve 2021 Work Plan Goals
B. Approve SCADA Software Upgrade Agreement with Total Control Systems
Inc
C. Approve Public Works Maintenance Worker Joe Ende Wage Adjustment
D. Approve Renewal of Consumption and Display Permit for American Legion
Post 394 at 75 Hamel Road
E. Resolution No. 2021-07 Accepting Donation from Memorial for Ruth Ostrem
Moved by Cavanaugh, seconded by Reid, to approve the consent agenda.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
VI. COMMENTS (7:10 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reported that the Park Commission met in February to discuss the 2021 goals
including the trail near Loram and the extension to the north that will be part of the
Arrowhead intersection improvements. He noted that the Commission would also like to
begin phasing improvements for Hunter Park, noting that perhaps the tennis courts could
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February 2, 2021
move forward without removing the ballfield section. He stated that there is an
upcoming joint worksession with the Commission and Council to discuss the Diamond
Lake Regional Trail on February 16th.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to hold public
hearings to consider a Planned Unit Development Concept Plan for a 24-unit townhome
development and to continue a discussion related to the Stormwater Management
Ordinance that began at the January meeting.
VII. PRESENTATIONS
A. Resolution No. 2021-08 Approving Amendments to the Educational
Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018, and
Authorizing Execution and Delivery of Documents Related Thereto – Public
Hearing (7:14 p.m.)
Johnson stated that in December of 2018 the City of Medina issued conduit bonds in the
aggregate amount of $7,000,000 and loaned the proceeds to Yeshiva of Minneapolis.
He stated that the proceeds were used to expand and improve the school facilities
located in St. Louis Park. He stated that Yeshiva now has the opportunity to lower the
interest rate on the bonds, which requires the City of Medina to hold a public hearing and
adopt a resolution approving the request for refinancing.
Martin commented that the memorandum from legal counsel was fairly straightforward
and welcomed any additional questions from the Council and/or staff.
There were no additional comments from staff or the Council.
Martin opened the public hearing.
No comments.
Martin closed the public hearing.
Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution No. 2021-08
Approving Amendments to the Educational Facilities Revenue Note (Yeshiva of
Minneapolis Project), Series 2018, and Authorizing the Execution and Delivery of
Documents Related Thereto.
A roll call vote was performed:
Reid aye
Cavanaugh aye
Martin aye
DesLauriers aye
Albers aye
Motion passed unanimously.
VIII. NEW BUSINESS
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A. Lothar and Mona Krinke – 2905 Willowood Farm Road – Conditional Use
Permit for Addition to Accessory Structure (7:20 p.m.)
Finke presented a request for a Conditional Use Permit to construct an addition of a
riding arena onto an existing barn. He noted that accessory structures in excess of
5,000 square feet require a CUP. He displayed a sketch of the proposed arena with the
proposed building elevations. He stated that the CUP includes specific standards to
larger accessory structures and general standards for all CUP’s noting that the detailed
review was included in the staff report. He noted that the applicant is proposing a
filtration basin to meet the stormwater requirement and in terms of architecture the
applicant proposes to mimic some of the existing features of the barn along with
additional elements such as shutters and two-tone color for the siding. He stated that
the Planning Commission held a public hearing in January and received two comments
from the public in support of the request. He stated that the Commission recommended
architectural elements which have been incorporated by the applicant, and the
Commission unanimously recommended approval.
Martin welcomed any questions from the Council.
Reid commented that the suggestions by the Planning Commission and incorporated by
the applicant make a great improvement to the proposed building.
Martin also thanked the Planning Commission for its recommendations and the applicant
for responding to those recommendations. She stated that it is nice to have that care for
design infused into these projects.
Moved by DesLauriers, seconded by Reid, to direct staff to prepare a resolution granting
Conditional Use Permit approval subject to the conditions noted in the staff report.
A roll call vote was performed:
Albers aye
Martin aye
Reid aye
Cavanaugh aye
DesLauriers aye
Motion passed unanimously.
B. Addison and Cynthia Piper – 1745 Hunter Drive – Lot Combination
(7:28 p.m.)
Johnson stated that the applicants are requesting approval to combine two lots into a
single lot. He noted that the combination would not bring the parcels into compliance but
would improve the situation.
Finke commented that generally the City has supported combinations of lots that fall
short of the minimum requirements within this district even though the resulting lot may
not come into full compliance. He stated that because of the City’s suitable soil
requirement of five acres, compliance would not be met, but this will result in one home
on one noncompliant lot rather than two noncompliant lots.
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1. Resolution No. 2021-09 Approving a Lot Combination of Lots 2
and 3, Block 1, Tally Ho Farms
Moved by Reid, seconded by Albers, to adopt Resolution No. 2021-09 Approving a Lot
Combination of Lots 2 and 3, Block 1, Tally Ho Farms.
A roll call vote was performed:
Albers aye
DesLauriers aye
Reid aye
Cavanaugh aye
Martin aye
Motion passed unanimously.
IX. OLD BUSINESS
A. Ordinance No. 668 Amending Chapters 1 and 3 of the City Code of
Ordinances Pertaining to Penalties and Targeted Residential Picketing
(7:32 p.m.)
Johnson stated that the draft ordinance was brought forward at the January 19th Council
meeting with direction for staff to bring this forward for formal adoption with no revisions.
He stated that other communities have adopted similar ordinances recently. He noted
that one resident submitted a request to speak on this topic.
Martin asked if Batty had additional comments to add.
Batty commented that as Johnson indicated a number of other cities have recently
adopted similar ordinances. He stated that this is patterned after an ordinance adopted
in a Wisconsin city 30 years ago which dealt with targeted residential picketing,
specifically picketing in front of an individual house. He stated that the ordinance was
appealed and upheld by the United States Supreme Court in 1988. He stated that the
court found the ordinance to be content neutral and narrowly tailored to serve a
government interest as it did not prohibit picketing but merely prohibited that from
occurring in front of an individual residential property. He stated that the Court found
that this left open other avenues for people to express their views while protecting
persons’ right for privacy in their own homes. He stated that the other changes
proposed were cleanup matters related to penalties for misdemeanors and petty
misdemeanors as identified under State law.
Martin thanked Batty for that additional explanation. She welcomed the resident that
would like to speak tonight.
Chris Hillberg, 4559 Trillium Drive, noted that he finds residential picketing objectional
and does not like the idea. He stated that based on the last meeting of the Council it
appears the Council holds the same viewpoint. He stated that the question is not
whether the Council likes the concept but whether it supports free speech and whether
this would abridge that right for free speech. He stated that Minnesota State law allows
a person to obtain a restraining order if they feel that is necessary. He stated that the
Medina ordinance adds “or other similar activities”, which is vague compared to the other
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ordinances. He also explained concern with language in section C, which is also very
broad and could prohibit someone from standing in front of another person’s home.
Martin thanked Mr. Hilberg for his input.
DesLauriers referenced section C and stated that his interpretation would be that if roads
are public property and if a person is picketing on the street and does not violate A or B,
he would not have an issue with persons picketing on a sidewalk in front of his home.
He was unsure that C should be included.
Batty replied that C does broaden the ordinance and the Council would be within its right
to eliminate that, but A and B would still prohibit the situation described by DesLauriers if
the activity is targeted at a house and within the right-of-way. He stated that if adopted
the ordinance would include a ban on picketing in front of a specific house.
Martin commented that she interpreted the comments of DesLauriers to be that A and B
could provide the intended desire without including C. She clarified that C could be
covered by trespass laws.
DesLauriers commented that he does not believe C should be included without
additional language.
Martin asked if the additional language of “on private residential property without the
consent of the occupants of the dwelling” would be acceptable to DesLauriers for C, but
then noted that would seem to be covered under trespass laws.
Batty agreed that language would cover much of the same territory covered by
trespassing. He clarified that for trespassing one would have to assert that the
unwanted person leaves, whereas if the language of C were modified, it would not
require that confrontation.
Martin commented that she would not want to require someone that feels threatened to
come outside of his or her home to tell others to leave, and therefore, would support
adding the additional language to C.
Albers commented that he is fine with how C is written. He stated that if the requirement
is for the resident to come outside and confront those picketing that would create a
potential flashpoint, which would not be desired. He commented that residents have the
right to peace and quiet on their own property and should not be required to confront
others. He commented that this ordinance has been upheld by the Supreme Court and
he has no issue with how the ordinance is drafted as it is meant to protect residents of
Medina.
Martin commented that further modifying C would not advance the argument, as A or B
could trigger this whether on private property or within right-of-way.
Reid commented that if protesters are in the public right-of-way but stationary in front of
someone’s house that is virtually the same thing as being on someone’s property.
Cavanaugh commented that developments have private roads and asked if those
developments could then state that they do not want picketing on those roads.
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Batty commented that most of the roads in Medina are public roads and that is what this
language is focused on. He stated that in the case of private roads, the owners of those
roads could determine the allowed activity.
Cavanaugh commented that as a public figure he accepts that people can critique but
recognizes that his neighbors do not sign up for that. He commented that there are
other areas where people can picket and does not believe that activity belongs within the
residential areas. He commented that he could support the language as drafted.
Martin asked if C is included in the language upheld by the Supreme Court.
Batty was unsure if C was included in that language. He stated that the Court did look at
how narrowly tailored the ordinance was and noted that this language focuses on
targeted residential picketing and does not prohibit picketing that goes through a
neighborhood. He clarified that this is meant to prohibit picketing of a specific residential
property and does not prohibit a demonstration from walking through a residential area.
Martin noted that the memorandum from Batty states that similar ordinances have been
deemed constitutional by the Supreme Court and that the author believes this language
to be consistent with the language upheld by the Supreme Court.
Moved by Albers, seconded by Cavanaugh, to Adopt Ordinance No. 668 Amending
Chapters 1 and 3 of the City Code of Ordinances Pertaining to Penalties and Targeted
Residential Picketing.
A roll call vote was performed:
DesLauriers nay
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed.
1. Resolution No. 2021-10 Authorizing Publication of Ordinance No. 668 by
Title and Summary
Moved by Albers, seconded by Cavanaugh, to adopt Resolution No. 2021-10
Authorizing Publication of Ordinance No. 668 by Title and Summary.
A roll call vote was performed:
DesLauriers nay
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed.
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B. Fire Services Update (7:58 p.m.)
Johnson commented that the Fire Service District meetings occurred in October,
November, and January with the next meeting scheduled for February 11th. He stated
that representatives from the State Fire Marshal’s office began facilitating the meetings
in January and have agreed to continue to do so. He stated that the timeline for the
process has been estimated at five to seven years, explaining that it is complex to merge
multiple government services entities. He stated that the group will work to form teams
to continue to work on the matter. He thanked all the Fire Chiefs/Representatives that
have participated and continue to provide input as well as representatives from the
neighboring communities. He also expressed appreciation to Martin and DesLauriers for
all their efforts.
Martin commented that the Council previously evaluated this topic and believed the
process would take less time. She stated that she has spoken to each of the Mayors
serviced by the Fire Departments involved and they are all intrigued by these
discussions. She commented that there is momentum from the Fire Chiefs and with the
support of the Mayors, she would like permission from the Council to move away from
the concept of nonrenewal of the contracts and move forward with continuation of the
fire service contracts as they would normally renew.
DesLauriers commented that they have learned from the termination notices and they
would prefer that the Fire Departments continue to focus on the goal for the future.
Reid asked if the Council was previously working on contracts that were not
automatically renewable and provided the opportunity to change the contract dependent
upon the situation. She asked if the intent was then to remove that restriction and
reinstate automatic renewals.
Martin commented that the Maple Plain contract was set to expire without renewal terms
available and therefore the City would typically enter into a new contract with the typical
terms and fees. She stated that there is a clause within the Long Lake contract that
states either of the parties could terminate the contract if they choose to move to a Fire
District. She stated that Loretto and Hamel had automatic renewal terms within the
contracts but still included a right for early termination if that was desired. She stated
that she would ask that the Fire Departments continue to be allowed to provide service
under the existing contract relations and focus additional energies on attending the Fire
District meetings to determine if that option could come to fruition.
Cavanaugh thanked Martin and DesLauriers for their work on this topic.
Albers echoed thanks to Martin and DesLauriers for their leadership and work on this
topic. He recognized the time and commitment it takes to lead this effort. He also
thanked staff.
Martin agreed that it has been a team effort between herself, DesLauriers, Barnhart,
Johnson, and Nelson.
Moved by Martin, seconded by DesLauriers, to direct staff, Martin and DesLauriers to
reinstate or permit the contracts with Loretto, and Hamel to continue to renew in their
typical manner and negotiate an extension of the contract with Maple Plain.
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A roll call vote was performed:
Cavanaugh aye
Albers aye
Reid aye
DesLauriers aye
Martin aye
Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT (8:11 p.m.)
Johnson had nothing further to report.
XI. MAYOR & CITY COUNCIL REPORTS (8:12 p.m.)
Martin commented that she, Cavanaugh, Finke, Gallup, Scherer, and Johnson attended
a presentation by the Three Rivers Park District related to the deliberations and public
process in coming to a proposed route for the leg of the trail that will go through Medina
which will be discussed at the February 16th Council worksession.
XII. APPROVAL TO PAY THE BILLS (8:13 p.m.)
Moved by DesLauriers, seconded by Martin, to approve the bills, EFT 005800E-
005818E for $57,934.87, order check numbers 051211-051253 for $181,716.88, and
payroll EFT 0510772-0510799 for $54,030.73 and payroll check 020477 for $2,283.37.
A roll call vote was performed:
Reid aye
Cavanaugh aye
DesLauriers aye
Albers aye
Martin aye
Motion passed unanimously.
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XIII. ADJOURN
Moved by Reid, seconded by Cavanaugh, to adjourn the meeting at 8:15 p.m.
A roll call vote was performed:
Martin aye
Reid aye
Cavanaugh aye
Albers aye
DesLauriers abstained (left meeting)
Motion passed.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Jodi M. Gallup, City Clerk