HomeMy Public PortalAbout05-04-2021_minutesMedina City Council Meeting Minutes 1
May 4, 2021
MEDINA CITY COUNCIL MEETING MINUTES OF MAY 4, 2021
The City Council of Medina, Minnesota met in regular session on May 4, 2021 at 7:00
p.m. in the City Hall Chambers. Mayor Martin presided.
Martin read a statement explaining that the meeting continues 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 (7:03 p.m.)
III. ADDITIONS TO THE AGENDA (7:03 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:03 p.m.)
A. Approval of the April 20, 2021 Regular City Council Meeting Minutes
Martin noted that prior to the meeting proposed corrections from herself were circulated
for incorporation.
Moved by Martin, seconded by DesLauriers, to approve the April 20, 2021 regular City
Council meeting minutes as amended.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
V. CONSENT AGENDA (7:05 p.m.)
A. Approve 2020 Annual Report
B. Resolution No. 2021-28 Accepting Resignation of Community Service
Officers Patrick Johnson
C. Approve Community Service Officer Job Description
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D. Approve Internal Recruitment and Replacement for Community Service
Officer Position
E. Approve Manufacturer’s Materials Bid with Musco Sports Lighting for the
Paul Fortin Memorial Ball Field
Reid requested to pull Item A for additional comments.
Moved by Reid, seconded by Cavanaugh, to remove Item A from the Consent Agenda.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
Moved by Cavanaugh, seconded by Reid, to approve the consent agenda as amended.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
A. Approve 2020 Annual Report
Reid stated that she was incredibly impressed with this professional document and
would like it posted on the website for residents to read. She complimented staff for the
work they put into the document.
Martin applauded the contributions of the individual department heads to the report and
the significant efforts of Gallup to meld those reports into a unified single report of the
City.
Moved by Reid, seconded by Martin, to approve the 2020 Annual Report and post the
report on the City website with the corrections submitted by DesLauriers.
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A roll call vote was performed:
Reid aye
Cavanaugh aye
Martin aye
DesLauriers aye
Albers aye
Motion passed unanimously.
VI. COMMENTS (7:09 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Sharp stated that the Commission did not meet in April. He stated
that Three Rivers Park District is wrapping up the comment period on the trail this week.
He stated that a series of neighborhood meetings have been held this past year and
there will be another for residents along Hamel Road the following night to be held
outdoors. He stated that once that is complete, the Commission will review the potential
route options down Hamel Road and the options for crossing Highway 55. He stated
that two new youth members were appointed to the Commission and the Commission is
excited to meet them and gain their input.
Martin commented that the meeting the following night at Baker Park has been noticed
as a public meeting as a number of Council members have expressed interest in
attending.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to hold a
public hearing to consider the Pioneer Trail Preserve subdivision, which is a three-lot
subdivision of 40 acres. He stated that there will also be a Site Plan review for an
accessory structure at 215 Hamel Road.
VII. PRESENTATIONS
A. Resolution No. 2021-29 Recognizing Planning Director Dusty Finke for
Fifteen Years of Service to the City of Medina (7:14 p.m.)
Martin commended Finke for the excellent work that he completes on behalf of the City.
She read aloud the draft resolution recognizing Finke for 15 years of service to the City
of Medina.
Moved by Martin, seconded by Albers, to adopt Resolution No. 2021-29 Recognizing
Planning Director Dusty Finke for 15 Years of Service to the City of Medina.
Further discussion: Johnson commented that Finke is an incredible member of staff and
he is fortunate to have him on the team. Finke goes above and beyond his planning
duties and thanked him for his years of dedicated service.
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Cavanaugh echoed the comments of thanks to Finke and expressed appreciation for his
work.
Martin stated that she appreciates the insight and skill Finke brings to his position,
guiding the City through difficult decisions. She also commended him for the well written
and comprehensive staff reports.
A roll call vote was performed:
Albers aye
Reid aye
Cavanaugh aye
DesLauriers aye
Martin aye
Motion passed unanimously.
Finke thanked everyone for the kind words, noting that it has been an honor to be a part
of City staff for the past 15 years. He commented that the City has a great staff team,
and it is an awesome place to work.
VIII. OLD BUSINESS
A. Gambling License at Medina Entertainment Center, 500 Highway 55
(7:22 p.m.)
Johnson provided background information on the request which came before the Council
at its last meeting. He stated that the permit meets the requirements and there is no
reason for denial. He stated that at the last meeting staff was directed to further
research the ability for the City to require permittees to contribute up to 10 percent of
profits into a City administered fund.
Gallup stated that after researching the items requested by the Council, staff was able to
find additional clarification. She stated that the City would be limited to a request of 10
percent be contributed from profits earned. She stated that the City should also not
require an organization to make a contribution to a specific organization as that could
violate second amendment rights and therefore, if the Council chooses, it should choose
the option to have an ordinance which would require permittees to contribute ten percent
of profits into a City administered fund. She stated that this would be a separate fund
that would have restricted uses, noting that examples of lawful uses were included within
the staff report. She stated that would require an ordinance amendment that the City
can enact at any time. She clarified that once enacted, any permittee would fall under
that requirement to contribute ten percent of its profits earned into that City administered
fund. She recommended that the Council approve the permit tonight and provide
direction on whether it would like to pursue such ordinance.
Martin stated that it seems the City is in a legal position where it needs to grant the
permit.
1. Resolution No. 2021-30 Approving Premises Permit to District #284
Wayzata Youth Hockey to Conduct Lawful Gambling at 500 Highway 55
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Moved by Martin, seconded by Reid, to adopt Resolution No. 2021-30 Approving
Premises Permit to District #284 Wayzata Youth Hockey to Conduct Lawful Gambling at
500 Highway 55.
A roll call vote was performed:
Reid aye
Albers aye
Cavanaugh aye
DesLauriers aye
Martin aye
Motion passed unanimously.
Moved by Martin, seconded by Cavanaugh, to direct staff to bring back an ordinance
amendment to establish the 10 percent lawful gambling contribution requirement into a
City administered fund.
Further discussion: Albers asked if the City could look to potentially dedicate that fund to
establish some ice hockey rinks in several parks and fund their management.
Martin stated that the materials provided by staff state that could be a use of the fund but
noted that she would not want to restrict the use of those funds to just that purpose as
there would be other opportunities such as Medina Celebration Day, public safety, or
other park improvements.
DesLauriers commented that the monies should go into a fund as recommended to be
distributed as needed.
Reid agreed with the comments of DesLauriers.
Cavanaugh also agreed that the monies should go into a general fund. He asked if
there would be any way to coordinate with Wayzata Youth Hockey, noting that perhaps
that organization would be willing to use some of its newly found profits to provide that
outdoor ice space in Medina.
Albers stated that he does like that approach and recommended engaging the Wayzata
Orono, and Delano hockey associations to determine if they would be interested in
contributing to the costs for outdoor ice space in Medina.
Barnhart stated that she has been told by several of the other cities she spoke with that
participate in this action that the gambling board is very thorough in its compliance and
the City will be thorough as well in how the funds are used. She stated that the funds
cannot be used for general park improvements and has to be specific to youth programs
and possibly park equipment. She stated that there are restrictions in contributing those
funds to the City.
Martin asked if there would be a deadline in which the City must use the funds from this
new account.
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Barnhart commented that she does not believe there would be such a deadline but
noted that the City would have to report an annual tax form and submit the balance.
A roll call vote was performed:
Reid aye
Albers aye
Cavanaugh aye
DesLauriers aye
Martin aye
Motion passed unanimously.
IX. NEW BUSINESS
A. Embedded Social Worker Program with Police Department (7:34 p.m.)
Johnson stated that seven police agencies are looking to join forces and add an
embedded social worker from Hennepin County to provide resources and assistance
with mental health crisis calls. He commented that this is a great opportunity as there
has been a spike with mental health crisis calls for police. He commented that this is a
positive step and would be a great addition.
Nelson stated that Medina would look to partner with the other agencies to offer
additional services. He stated that if the police have to provide all of these services, it is
just a band-aid without follow-up. He stated that this program has funding available to
assist with 40 percent of the cost for the workers. He stated that as things continue to
change with use of force and officers responding to mental health calls, the hope would
be that this program would help to provide services before a crisis scenario is reached.
He stated that this would provide help to loved ones that need help for a family member.
He stated that this program would connect someone in crisis with services available
through the County along with follow-up. He stated that this would involve a two-year
commitment and after that time there would be enough data to determine if the program
provides the desired results. He stated that Plymouth and Minnetonka were previously
involved in the program and after one year decided that they had enough calls and
benefit to hire their own social worker directly. He stated that tonight he is asking for
approval to work with the other cities to develop a formal contract which would come
back before the Council for formal consideration. He hoped that this could move forward
later this year.
Martin thanked Nelson for the report. She stated that she has a better understanding for
the need to bring social work into the arena in which the police act and therefore
supports moving forward to work with the other cities in this capacity.
Albers commented that he also supports the idea.
DesLauriers stated that he fully agrees that this would be a great way to try out this
concept.
Reid stated that when she read summaries of calls from the police and fire, most of the
calls for service are not related to police or fire and therefore supports this action.
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Cavanaugh agreed that this is a great concept and believes it will be money well spent.
Moved by Martin, seconded by Albers, to approve direct staff to work with other
participating agencies to prepare a contract to hire a social worker.
A roll call vote was performed:
Reid aye
Cavanaugh aye
Martin aye
DesLauriers aye
Albers aye
Motion passed unanimously.
B. Reserve of Medina 3rd Addition – Final Plat and Development Agreement
(7:43 p.m.)
Johnson stated that Pulte Homes is requested the Final Plat approval for the last phase
of its development. He stated that there were concerns shared from an adjacent
property owner which City Engineer Stremel will address.
Finke stated that this is a review of the Final Plat for the 3rd Addition and highlighted the
lot locations in the northern portion of the project. He stated that Final Plat review is
meant to ensure the plat is consistent with the previously approved Preliminary Plat,
noting that in this instance they are identical. He stated that the conditions of
Preliminary Plat have either been met, or will be met, through the development of the
site noting that most of the conditions will carry over and be included with the Final Plat
Resolution and/or Development Agreement. He referenced Hackamore Road and
stated that language was included in the Preliminary Plat including a contribution to the
improvements for the roadway. He stated that the implementation of the contribution
has been delayed until this time as the 3rd Addition connects to Hackamore Road and
highlighted the segment of the roadway improvement that Pulte would be responsible for
with this phase of the development. He stated that the developer would also provide
additional filtration volume within the pond for the new hardcover of Hackamore Road.
He stated that if the Council approves the Resolution and Development Agreement,
Pulte would be responsible for the physical construction of that portion of Hackamore
Road. He stated that the other matter related to the grading and drainage related to
adjacent property and noted that additional language was included that intends to
specify those grading and drainage requirements included within the City Engineer
review comments.
DesLauriers appreciated City staff members going out to the property to review drainage
issues and find a resolution that satisfies all parties.
Albers asked if the new language was presented to the adjacent property and found to
be appropriate to address their concerns.
Finke stated that he did not discuss the exact language but did discuss the issues on the
site and those were the primary issues.
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Stremel stated that with the Xenia Trail drainage issues, curb and gutter will be installed
to capture water from the roadway and there will be a swale in the rear yard of some
homes to capture additional drainage.
Reid thanked Finke and Stremel for visiting the site to resolve these issues prior to the
meeting and noted that the adjacent property owner most likely appreciated that effort
and attention.
1. Resolution No. 2021-31 Granting Final Plat Approval for Reserve
of Medina 3rd Addition
Moved by Reid, seconded by Cavanaugh, to adopt Resolution No. 2021-31 Granting
Final Plat Approval for Reserve of Medina 3rd Addition.
Further discussion: Finke asked if the Council would accept the amended language for
condition seven.
Martin confirmed the consensus of the motion maker and seconder to accept that
amended language as recommended by staff.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
1. Development Agreement by and between the City of Medina and
Pulte Homes of Minnesota, LLC for Reserve of Medina 3rd Addition
Moved by DesLauriers, seconded by Cavanaugh, to approve the Development
Agreement by and between the City of Medina and Pulte Homes of Minnesota, LLC for
Reserve of Medina 3rd Addition.
A roll call vote was performed:
Reid aye
Cavanaugh aye
Albers aye
DesLauriers aye
Martin aye
Motion passed unanimously.
X. CITY ADMINISTRATOR REPORT (8:00 p.m.)
Martin noted that she believed there was an error on page three of the minutes from the
last meeting related to a comment from Barnhart, which has been confirmed by
Barnhart.
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Johnson stated that change can be handled administratively. He noted that he had
nothing further to report.
XI. MAYOR & CITY COUNCIL REPORTS (8:01 p.m.)
Martin recognized that everyone would love to return to in person meetings at City Hall
for Council and Commission meetings but noted that the Chamber at City Hall is very
small and therefore it does not seem appropriate to meet in person at this time. She
asked if members of staff, Council and Commissions could report to Johnson on the
status of their vaccinations. She stated that she would be hesitant to gather in that room
including staff, members of the Council and Commissions, and members of the public
that would create an increased risk of infection and disease. She commented that she
may have a conflict on May 12th with the Hennepin County Mayors meeting and noted
that if there were a member of the Council that would like to attend in her place, they
would be welcome.
XII. APPROVAL TO PAY THE BILLS (8:05 p.m.)
Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 005904E-005924E
for $62,252.56, order check numbers 051481-051511 for $72,384.77, and payroll EFT
0510982-0511010 for $57,629.68.
A roll call vote was performed:
Albers aye
Cavanaugh aye
Reid aye
Martin aye
DesLauriers aye
Motion passed unanimously.
XIII. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON
POTENTIAL LITIGATION RELATED TO ZONING VIOLATION AT 2402 STATE
HIGHWAY 55 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(b)
Martin noted that Cavanaugh has recused himself from the closed session. Moved by
DesLauriers, seconded by Reid, to adjourn the meeting to closed session at 8:09 p.m. to
discuss potential litigation related to zoning violation at 2402 State Highway 55 pursuant
to Minn. Stat. 13d.05, subd.3(b).
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
The meeting reconvened to open session at 8:42 p.m.
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XIV. ADJOURN
Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 8:43 p.m.
A roll call vote was performed:
DesLauriers aye
Albers aye
Reid aye
Martin aye
Motion passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Jodi M. Gallup, City Clerk