HomeMy Public PortalAbout03.07.2023 City Council MinutesMedina City Council Meeting Minutes
March 7, 2023
1
MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 7, 2023
The City Council of Medina, Minnesota met in regular session on March 7, 2023 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 Clerk Caitlyn Walker, 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.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:00 p.m.)
A. Approval of the February 21, 2023 Work Session City Council Meeting
Minutes
Moved by Cavanaugh, seconded by Reid, to approve the February 21, 2023 work
session City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the February 21, 2023 Regular City Council Meeting Minutes
Moved by Cavanaugh, seconded by Albers, to approve the February 21, 2023 regular
City Council meeting minutes as presented. Motion passed unanimously.
V. CONSENT AGENDA (7:01 p.m.)
A. Approve Hackamore Right of Way Easement Acquisitions
B. Approve Resolution 2023-24 Supporting Housing and Local Decision-
Making Authority
C. Approve Ordinance 702 Adopting an Amended Fee Schedule for Clean-Up
Day
D. Approve Resolution 2023-25 Authorizing Publication of Ordinance
Adopting an Amended Fee Schedule by Title and Summary
E. Approve Resolution 2023-26 Accepting the Resignation of Part-Time
Administrative Assistant to the Police Department Nicole Jacobson
F. Approve Garden Maintenance Services Agreement with Designing Nature
G. Approve Hiring of Accounting Technician
H. Approve Agreement for Elevate Hennepin Programming
I. Approve Amendment to Construction Cooperative Agreement with
Hennepin County for Highway 55/County Road 116
Albers referenced Item B and asked for more details from staff.
Medina City Council Meeting Minutes
March 7, 2023
2
Johnson provided more details noting that the state is attempting to limit local authority
over zoning. He stated that this action is in support of ensuring local government units
continue to have authority over local zoning decisions.
Albers referenced Item H and asked if the City is being asked to pay $3,200 for the time
of the contract in order for Hennepin County to provide services to small businesses
within Medina. He asked the number of small businesses that would benefit from the
program before approving the expenditure.
Finke stated that this is a new program, but the City has participated in the Open to
Business program in the past. He stated that he could provide participation numbers for
that program, estimating a handful of businesses that participate. He noted that the cost
for the first year would be $1,250 and would provide more services than City staff could
during that length of time for that cost. He stated that historically the program has not
been heavily used and the County has increased its marketing to encourage businesses
to participate as well as increasing the scope of services provided to businesses. He
believed that the County would be asking for larger partnerships in the future and the
City can monitor usage of the program before committing to future participation.
Martin agreed that participation should be monitored closely in the first year to guide
future decision making.
Albers commented that Hennepin County has a pot of money for the program and
therefore it seems counter intuitive to ask the cities to contribute as well.
Finke stated that Hennepin County is asking for buy-in from the cities as the thinking
would be that cities that are contributing would be more likely to promote the program as
well.
Albers asked what would happen once the pot of money the County has is gone and
whether the City would have an obligation or expectation to contribute more money.
Finke confirmed that the indication would be that the contribution would go up after those
funds are expended. He confirmed that entering into this contract would not obligate the
City to participate in future years.
Martin stated that perhaps this should come back to the Council in August of 2024 for
review of the program and in order to better make a decision on whether Medina would
like to continue to participate.
DesLauriers echoed the comments of Albers. He noted the comment that Finke made
that if a business from Medina were to approach the County and the City had chosen not
to participate, he did not think the business would be turned away. He asked why the
City would choose to participate if the businesses would still have access to the
program.
Albers requested to pull Item H from the Consent Agenda to allow separate voting.
Moved by Albers, seconded by DesLauriers, to remove Item H from the consent agenda.
Motion passed unanimously.
Medina City Council Meeting Minutes
March 7, 2023
3
Moved by Albers, seconded by Martin, to approve the consent agenda as amended.
Motion passed unanimously.
H. Approve Agreement for Elevate Hennepin Programming
Finke noted that this item is not time sensitive and therefore perhaps the best choice
would be to delay action on this item. He noted that staff could then provide more data
to the Council to help guide the decision.
Martin agreed that it would be helpful to have the participation numbers from the Open to
Business program and also to find out if businesses in Medina would still be able to use
the program if the City were to choose not to participate.
Cavanaugh asked if the City could evaluate the participation rates after 12 months to
determine if the City should continue participation.
Martin agreed that it would also be helpful to know if the City could choose to
discontinue participation in the program after 12 months if the data did not support
continuing.
Staff was directed to bring back the requested information with the proposed agreement
to a future meeting.
VI. COMMENTS (7:13 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Scherer reported that the Park Commission has not met since the last update. He noted
that the new scoreboard has arrived for Hamel Legion Park and would most likely be
installed once the weight restrictions are lifted.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to hold a
public hearing for preliminary plat and site plan review for Cates Industrial Park.
VII. PRESENTATIONS
A. State Senator Warren Limmer (7:15 p.m.)
Senator Limmer introduced himself noting that he now represents Medina as a result of
the redistricting. He noted the communities that he previously represented and
recognized the growth that this area of the metro has experienced. He stated that he
now represents seven cities and six school districts. He stated that he supports smaller,
localized government control recognizing that as the control moves to a larger scale it
removes those that have intimate knowledge of the local issues. He summarized the
topics that he spoke with Martin about the previous week related to Medina. He
reviewed the committee assignments that he holds. He recognized the value and
importance of public safety as well as civil rights. He noted the needs and desires of
Medina and other communities in this area related to shared fire services and
recognized some of the challenges, noting that he is working cooperatively with other
state representatives towards that goal within the legislature. He noted his experience
Medina City Council Meeting Minutes
March 7, 2023
4
on the 94 coalition and stated that he is excited to begin work on the Highway 55
coalition as well. He stated that he looks forward to working with Medina as they move
forward.
Cavanaugh asked for an update on the legislation regarding the sale of THC products.
Limmer stated that legislation has not moved to the Senate but expects that to come
forward in the next week as it was passed in the House. He stated that in the past he
has opposed the recreational use of marijuana and will continue to do so but did not
believe his colleagues would be voting the same. He noted that in Colorado when that
type of legislation was adopted, the counties were allowed to make the decision as to
whether it would be allowed but the Minnesota bill as proposed would make that legal
statewide. He stated that he would prefer to have the decision made by the cities if it
were allowed. He also noted the low fee proposed for a sales license of $200 and stated
that does not compare to the price for liquor or tobacco licensing. He believed that if
recreational marijuana use were legalized it would have impacts on vehicle crashes,
marriage dissolutions, quality of work, as well as impacts on the labor force.
Cavanaugh asked about the guidance that will be given to cities about the regulation of
these products.
Limmer stated that regulation authority would not be provided to cities. He encouraged
the City to participate and engage in lobbying.
Albers clarified that he believes the question was more related to the legalization in the
last year of edible THC products and the lack of regulation guidance by the legislature.
He noted that Medina has a moratorium in place that would not allow the sale of those
products.
Martin confirmed that the Council was waiting to see if there was an amendment to that
adopted legislation that would have guided the regulation.
Albers asked how the financial end of THC sales would be dealt with, as federal
regulations do not allow for sales of an illicit drug.
Limmer commented that he does not know that answer but noted that other states
seemed to have addressed that but recognized the conflict of law.
Martin stated that another one of her pet peeves is related to internet service. She
stated that currently the City residents have the option of a service provided through a
phone provider and service through a cable company. She recognized the challenges
that Medina has because of the cost of infrastructure. She stated that the phone
companies are taking the revenue generated in Medina to invest in infrastructure in other
communities but not reinvesting to upgrade service to Medina residents, which is an
issue. She also recognized the importance of reliable internet service in this day and
age and the cost for homeowners to run the connection to the homes.
Johnson stated that the City received a broadband grant through DEED for Mediacom to
run services in Medina. He noted a grant that has now become available for last mile
connections to homes also through DEED.
Medina City Council Meeting Minutes
March 7, 2023
5
Limmer recognized that cable companies cherry pick areas with more density and go
around the less dense areas.
Martin stated that she would like to see the broadband/cable companies required to
reinvest their fee income into infrastructure within the community to bring those services
up to the current standard.
Cavanaugh added there is no incentive for broadband/cable companies to reinvest the
fees spent by Medina residents to improve the local infrastructure.
Martin noted that this issue is not singular to Medina as the other more rural
communities in this area have the same issue.
VIII. NEW BUSINESS
A. Hackamore Road Improvement Project (7:45 p.m.)
Johnson noted the different intentions of this project and stated that Corcoran and
Medina authorized the final design development in 2022 and the project is now ready to
go to bid.
Stremel stated that they have been working on this joint project for several years to
address shared goals between the two communities. He identified the project area and
proposed improvements. He noted that they have also been working with different
developments to finalize those connections through this project. He stated that the cities
are working on a Joint Powers Agreement that would be finalized in the near future for
the project. He stated that at one point, CR 101 was included in the project but has
since been removed and will be included in a Plymouth project. He stated that water
treatment and stormwater management would be provided on adjacent properties as
part of this project. He stated that this project would widen the roadway, add turn lanes,
and include a trail along with paved shoulders. He stated that there is a mix of rural and
urban street sections throughout the project and provided graphics of what those
different road sections would look like. He reviewed the estimated project cost and
proposed funding sources as well as the proposed project schedule.
Cavanaugh referenced the 21 percent for engineering and asked for more details.
Stremel replied that as the project costs have increased over time, they have tried to
keep the overhead the same. He noted that the engineering costs have decreased from
24 percent to 21 percent. He reviewed the different elements that are included in the
project cost.
Cavanaugh asked if this is a flat fee rather than a negotiated amount and asked how that
is set.
Stremel explained how the different project costs are determined for the soft costs. He
confirmed that they do estimate the number of hours and use the negotiated contract
rate for engineering services.
Martin commented that she was not struck by the engineering costs because this project
seemed appropriate and believed the soft costs to be nominal.
Medina City Council Meeting Minutes
March 7, 2023
6
Anderson commented that if anything that would be slightly lower than usual, as typically
soft costs are about 25 percent of the project cost.
Stremel stated that the 21 percent would not be of the total project cost but of the
construction cost.
DesLauriers referenced the $8,000,000 cost, noting that a majority of those costs would
be covered. He asked the portion of that cost that Medina would be responsible for.
Barnhart stated that they are still waiting to finalize the split with Corcoran before
providing that number. She stated that Medina should be able to finance its portion of
the cost through its available MSA funding.
1. Resolution 2023-27 Approving Plans/Specifications and Authorize
the Advertisement for Bids
Moved by DesLauriers, seconded by Martin, to adopt Resolution 2023-27 approving
plans/specifications and authorizing the advertisement for bids.
Further discussion: Martin commented that she has witnessed this process and
commended staff for their cooperation with Corcoran to find solutions to the issues that
have arisen. She believed that this would benefit the relationship between the cities and
could lead to further collaboration.
Johnson commented that Finke, Scherer, and Barnhart have and continue to do a
fantastic job on the proposed project.
Cavanaugh referenced the traffic light at 116 and asked if that were approved on a
temporary basis and whether that would become more formalized.
Scherer replied that the residents of Foxberry lobbied for that, and it was installed
quickly. He stated that moving forward this would be a new signal light and Hennepin
County would be cost-sharing that improvement.
Motion passed unanimously.
B. Townline Road South Pavement Rehabilitation Project (8:02 p.m.)
Johnson stated that this is a 2023 CIP street improvement project. He stated that the
feasibility report was included in the packet along with the JPA.
Scherer stated that the City is working with Orono and Independence on this project and
provided brief background on the project process. He identified the project location and
provided an overview of the scope of the project. He stated that the feasibility report
included a cost analysis for the street and trail. He noted that Orono has approved the
project and JPA, and Independence is still reviewing. He provided details on the
proposed cost estimate and noted that Medina would also be including Juniper Curve in
the project.
Martin commented that the report was well done. She noted the potholes that surface
this time of year on the roads and noted that rarely does that occur in Medina.
Medina City Council Meeting Minutes
March 7, 2023
7
Scherer noted that maintaining the roads actually saves staff time and saves costs long
term because staff is not filling potholes.
1. Resolution 2023-28 Approving the Feasibility Report and Joint
Powers Agreement and Ordering the Project
Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-28 receiving the
Townline Road South feasibility report. Motion passed unanimously.
2. Joint Powers Agreement Between the City of Orono, the City of
Independence and the City of Medina
Moved by DesLauriers, seconded by Albers, to adopt resolution approving the Townline
Road South JPA including the cities of Medina, Orono and Independence. Motion
passed unanimously.
C. Pioneer Highlands (8:12 p.m.)
Johnson noted that preliminary plat approval for this project was granted in October of
2022 and the applicant is now requesting final plat approval.
Finke stated that the purpose of final plat review is to ensure the proposed plat to be
recorded is consistent with the preliminary plat approval and that the conditions have
been addressed or will be addressed through this approval. He stated that the majority
of the conditions will go forward into the final plat approval and will be formalized in the
Development Agreement. He stated that the City already held a public hearing related
to the establishment of a stormwater improvement tax district, as is common practice
and provides the City another tool if the owners were not to maintain those stormwater
elements. He stated that the final plat is similar and consistent with the preliminary plat,
noting that additional drainage and utility easements are shown on the plat as required.
He stated that the applicant proposes a filtration basin to provide volume control for
stormwater management, rather than the enlarged upland buffers and native
preservation originally shown.
1. Resolution 2023-29 Granting Final Plat Approval
Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-29 granting final
plat approval for Pioneer Highlands. Motion passed unanimously.
2. Ordinance 703 Establishing the Pioneer Highlands Storm Sewer
Improvement Tax District
Moved by DesLauriers, seconded by Albers, to adopt Ordinance 703 establishing the
Pioneer Highlands Storm Sewer Improvement Tax District. Motion passed
unanimously.
3. Resolution 2023-30 Authorizing Publication by Title and Summary
Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-30 authorizing
publication by title and summary. Motion passed unanimously.
4. Development Agreement
Moved by DesLauriers, seconded by Albers, to approve the Development Agreement by
and between the City of Medina and Onyx Performance Investments, LLC. Motion
passed unanimously.
Medina City Council Meeting Minutes
March 7, 2023
8
IX. CITY ADMINISTRATOR REPORT (8:18 p.m.)
Johnson stated that the staff member that has previously coordinated Celebration Day
has resigned. He stated that department heads will meet the following day to discuss
how the planning could be accomplished, noting that it would require overtime pay. He
stated that staff will also look to reformat the vacated position.
Albers asked if there would be an opportunity to have more citizen involvement in the
planning for that event.
Johnson commented that there have been discussions with local businesses about
trying to do that.
Nelson explained staff have met with local community members and businesses about
their ideas but there has not been interest from them to participate in the planning.
Martin suggested perhaps the City look into the option of hiring an event coordinator.
She stated that perhaps the cost for that service would be offset by the interim savings
resulting from the staff vacancy.
Nelson reiterated the importance of getting the vacant position filled as the department
will be short staffed.
Martin acknowledged the cost of overtime for staff as well and suggested that staff look
into the option of an event coordinator. She stated that she would prefer to cover the
other duties of that vacant position with current staff resources and look outside for event
planning services.
X. MAYOR & CITY COUNCIL REPORTS (8:25 p.m.)
Nelson provided an update on the most recent fire services meeting.
Martin commented that the previous day the City received a lengthy memorandum from
the Common Bond developer which identified some of the hurdles for that project. She
noted that staff will be reviewing that document and will follow up with a discussion with
that developer. She also commented on the recent discussion with Senator Limmer,
which was similar to the topics she covered with Representative Robbins. She noted
that Limmer mentioned a potential funding source through the Department of Agriculture
that could be available for that concept.
Johnson stated that he did have discussions on that funding source with the State Fire
Marshal’s Office and was told the population cap was for the entire fire service area,
which would not make them eligible.
Martin noted that Limmer had thought the population cap was for the city in which the
fire station is located and confirmed that staff would look into that further.
Cavanaugh noted that they had a good discussion about the internet today. He stated
that he uses T-Mobile for high-speed internet and stated that perhaps there is an
opportunity to do high speed internet with those providers.
Johnson confirmed that those 5G options (T-Mobile and Verizon) are providing services
in Medina.
Medina City Council Meeting Minutes
March 7, 2023
9
Barnhart stated that Medina has two lease contracts with those companies, and it would
be interesting to see their coverage maps.
Cavanaugh provided more information on how the T-Mobile service is provided with a
piece of equipment that also incorporates a router. He noted that he is only paying $50
per month for that service.
XI. APPROVAL TO PAY THE BILLS (8:39 p.m.)
Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006735E-006752E
for $80,062.75, order check numbers 054035-054082 for $907,632.02, and payroll EFT
0512537-0512572 for $69,331.48. Motion passed unanimously.
XII. ADJOURN
Moved by Albers, seconded by Cavanaugh to adjourn the meeting at 8:40 p.m. Motion
passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Caitlyn Walker, City Clerk