HomeMy Public PortalAbout07.05.2023 City Council Meeting PacketPosted 6/30/2023 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Wednesday, July 5, 2023
7:00 P.M.
Medina City Hall
2052 County Road 24
I.CALL TO ORDER
II.PLEDGE OF ALLEGIANCE
III.ADDITIONS TO THE AGENDA
IV.APPROVAL OF MINUTES
A.Minutes of the June 20, 2023, Work Session Meeting
B.Minutes of the June 20, 2023, Regular City Council Meeting
V.CONSENT AGENDA
A.Approve Temporary Liquor License to Holy Name of Jesus Church at 155 County Road 24 on
September 16, 2023
B.Resolution Approving the Agreement between the City of Medina and Law Enforcement Labor Services,
Inc. Representing the Local #36 Bargaining Unit for the Calendar Years 2024-2025
C.Resolution Accepting Donation from Garrett Larson Insurance Agency
D.Adopt the Lakeshore Park Concept Plan and Direct Staff to Update the Related Policies
VI.COMMENTS
A.From Citizens on Items Not on the Agenda
B.Park Commission
C.Planning Commission
VII.PRESENTATION
A.Swearing In Ceremony for David Hall
VIII.NEW BUSINESS
A.Reflections Dental Care – 872 Hwy 55 – Site Plan Review
1.Resolution Granting Site Plan Review Approval to Nitya Investments LLC for Construction at 872
Highway 55
B.School Lake Nature Preserve
C.Moratorium on the Operation of Cannabis Businesses – Public Hearing
1.Interim Ordinance Authorizing a Study and Imposing a Moratorium on the Operation of Cannabis
Businesses within the City of Medina
2.Resolution to Publish Ordinance by Title and Summary
IX.CITY ADMINISTRATOR REPORT
X.MAYOR & CITY COUNCIL REPORTS
XI.APPROVAL TO PAY BILLS
XII.ADJOURN
Meeting Rules of Conduct to Address
the City Council:
•Fill out & turn in comment card
•Give name and address
•Indicate if representing a group
•Limit remarks to 3-5 minutes
Councilmember Joseph Cavanaugh
will participate in the meeting
virtually from the Courtyard by
Marriott located at 4 Freedom Square,
Tbilisi 0105, Georgia
MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: June 29, 2023
DATE OF MEETING: July 5, 2023
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve Temporary Liquor License to Holy Name of Jesus Church at 155 County Road
24 on September 16, 2023 – Holy Name of Jesus Church has submitted the paperwork
and fee for a temporary liquor license for their fall festival. Staff recommends approval.
No attachments.
B. Resolution Approving the Agreement between the City of Medina and Law Enforcement
Labor Services, Inc. Representing the Local #36 Bargaining Unit for the Calendar Years
2024-2025 – The union has agreed to ratify the agreement with the terms proposed by the
City Council at the June 20th Closed Session meeting. Staff recommends approval.
See attached resolution and agreement.
C. Resolution Accepting Donation from Garrett Larson Insurance Agency – Staff
recommends approval of the resolution accepting the donation from Garrett Larson
Insurance Agency.
See attached memo and resolution.
D. Adopt the Lakeshore Park Concept Plan and Direct Staff to Update the Related Policies –
The Park Commission began planning for renovations at Lakeshore Park in 2021. Based
on community survey results, the Park Commission decided to focus on a watercraft
storage rack, three seating decks tucked into the hillside, and an overlook deck and
pavilion on the north side of the boat launch. The estimated renovations recommended by
the Park Commission total $56,000 which will be paid out of the municipal park
replacement fund.
See attached memo and concept plan.
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VII. PRESENTATION
A. Swearing In Ceremony for David Hall – Officer David Hall was promoted to Sergeant
effective July 1, 2023. Hall will be sworn-in as a sergeant at the meeting.
See attached oath.
VIII. NEW BUSINESS
A. Reflections Dental Site Plan Review – NITYA Investments, LLC has requested approval
of a Site Plan Review for construction of a 7,000 square foot gross floor area multi-tenant
building at 872 Hwy 55. The subject property is located north of Hwy 55, and west of
Peg’s restaurant. The applicant plans to demolish the existing structures on the site and
construct the 7,000 square foot multi-tenant building.
Potential Motion: Move to adopt the resolution granting site plan review approval to
Nitya Investments, LLC for construction at 872 Highway 55.
B. School Lake Nature Preserve – On October 17, 2017 the City Council adopted Ordinance
618, establishing a Conservation Design-Planned Unit Development (CD-PUD) district
for the School Lake Nature Preserve subdivision. The Council granted final plat approval
for the six-lot subdivision on February 20, 2018. The plat was recorded and construction
was completed for the shared driveway and associated stormwater improvements. The
applicant has not completed grading for the future trailhead. Four of the lots within the
subdivision have been sold, but at this point, no homes have been constructed in the
subdivision. 2600 Parkview Drive (Lot 2, Block 3) contains the Marx formal English
gardens east of their homes. The property owners desire to divide the gardens from the
rest of the lot so that the smaller lot could be sold as a homesite without the garden. The
applicant proposes the garden to be its own Outlot which would not be buildable as a
separate lot, but which could be conveyed to another owner within the subdivision. The
applicant is requesting an amendment to the plat and CD-PUD district to create an Outlot
for the formal English gardens.
Potential Motion: Motion to direct staff to prepare approval documents for the
amendment to the School Lake Nature Preserve CD-PUD district and the School Lake
Nature Preserve 3rd Addition plat.
C. Moratorium on the Operation of Cannabis Businesses – Public Hearing – The Minnesota
Legislature recently enacted, and the Governor signed, 2023 Minnesota Session Laws,
Chapter 63 – H.F. No. 100 (the “Act”), which is comprehensive legislation relating to the
legalization of recreational cannabis. It is recommended that the city adopt an interim
ordinance prohibiting the operation of cannabis businesses within the city until January 1,
2025, which is authorized under the Act, to allow the city to study the issues and maintain
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the status quo while it determines how cannabis businesses should be regulated within the
bounds of the Act.
Potential Motions:
1. Motion to adopt an interim ordinance authorizing a study and imposing a moratorium
on the operation of cannabis businesses within the city of Medina
2. Motion to adopt a resolution authorizing publication of the interim ordinance by title
and summary
X. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 006890E-006906E for
$73,506.14, order check numbers 054487-054540 for $189,799.84, payroll EFT
0512804-051832 for $62,634.10
INFORMATION PACKET:
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
Medina City Council Work Session Minutes 1
June 20, 2023
DRAFT
MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF
JUNE 20, 2023
The City Council of Medina, Minnesota met in work session on June 20, 2023, at 6:06
p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Martin, Albers, DesLauriers, Reid
Members absent: Cavanaugh
Also present: City Administrator Scott Johnson, City Clerk/Assistant to the City
Administrator Caitlyn Walker, Finance Director Erin Barnhart, Public Safety Director
Jason Nelson, and Planning Director Dusty Finke
II. 2024 Budget – General Fund
Finance Director Erin Barnhart provided the City Council with the preliminary general
fund budget for 2024. Initial market value increases from Hennepin County are estimated
at 9.5% (2.3% is new tax growth) with a 10% increase in tax capacity. The preliminary
2023 city tax rate is estimated at 20.76%, which is an 8.1% decrease from 2023.
The General Fund revenue and expenditures preliminary budget are at an increase of
2.4% respectively. The main areas of increases include fuel, supplies, elections, insurance
(property, auto, and liability) and utility expenses. The budget also includes changes to
staff wages that include market adjustments and a 3% cost of living adjustment.
Overall, Medina residents will experience a decrease in payment for taxes for the city
portion of their property taxes. The Council directed staff to evaluate projects that the
City could apply for state funding to help with the cost burden of large infrastructure
projects.
III. Adjourn
DesLauriers made a motion to adjourn the meeting at 7:02 p.m. on June 20, 2023.
Albers seconded the motion. The motion passed unanimously.
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Caitlyn Walker, City Clerk
Medina City Council Meeting Minutes
June 20, 2023
1
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 20, 2023 3
4
The City Council of Medina, Minnesota met in regular session on June 20, 2023 at 7:00 5
p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
I. ROLL CALL 8
9
Members present: Albers, DesLauriers, Martin, and Reid. 10
11
Members absent: Cavanaugh. 12
13
Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 14
Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City 15
Planning Director Dusty Finke, and Chief of Police Jason Nelson. 16
17
II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18
19
III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20
Johnson noted a limited use agreement that should be added as Item 7B. 21
22
Moved by Albers, seconded by Martin, to approve the agenda as amended. Motion 23
passed unanimously. 24
25
IV. APPROVAL OF MINUTES (7:01 p.m.) 26
27
A. Approval of the June 6, 2023 Regular City Council Meeting Minutes 28
Martin noted that prior to the meeting Johnson distributed proposed changes as 29
submitted by herself for incorporation. 30
31
Moved by Martin, seconded by Albers, to approve the June 6, 2023 regular City Council 32
meeting minutes as amended. Motion passed unanimously. 33
34
V. CONSENT AGENDA (7:01 p.m.) 35
36
A. Approve Appointment of Officer Dave Hall to Sergeant 37
Moved by Martin, seconded by Albers, to approve the consent agenda. Motion passed 38
unanimously. 39
40
VI. COMMENTS (7:02 p.m.) 41
42
A. Comments from Citizens on Items not on the Agenda 43
There were none. 44
45
B. Park Commission 46
Johnson reported that the Commission will meet the following night to discuss the 47
pickleball courts at Hunter Lions Park to consider potential mitigation efforts. 48
49
Martin noted residents have reached out to members of the Council as well as several 50
written comments have been submitted. 51
Medina City Council Meeting Minutes
June 20, 2023
2
1
Albers commented that in summary of the concerns that he has received, the top 2
comments are related to the visual aspect and the noise and whether there could be 3
efforts to reduce the impacts of those elements. He stated it is great that the courts are 4
getting a lot of use and perhaps there could be a survey of the court users to determine 5
where people are coming from to play. He stated that could be helpful to target future 6
court locations. 7
8
Martin commented that she also received comments regarding the behavior related to 9
the courts such as dogs barking, loud music, and foul language. She stated that nearby 10
homeowners are overwhelmed by the ping pong noise of pickleball while on their decks. 11
She stated that in addition to trees and other screening to mitigate noise, residents are 12
encouraged to call 911 to address the other behaviors. She noted that perhaps signage 13
could be used to mitigate those behaviors as well. She stated that perhaps a change in 14
the hours could also be considered as people begin playing at 6:30 a.m. and play until 15
dusk. She noted that perhaps officers could also stop by the courts occasionally to 16
check in. 17
18
C. Planning Commission 19
Finke reported that the Commission met the previous week to hold four public hearings. 20
He stated that the first hearing was related to Blooming Meadows which would use a 21
PUD to create five lots and an outlot which would hold restored and created wetlands 22
which would be used to create a wetland bank. He noted that a fair amount of residents 23
attended in support of the project and the Commission unanimously recommended 24
approval of the subdivision. The second hearing was for Reflections Dental, a multi-25
tenant retail building, which the Commission also recommended approval. The 26
Commission also considered the rezoning which is before the Council tonight and 27
recommended approval of that request. The last hearing was related to the School Lake 28
Nature Preserve which proposed to separate the formal English garden that is on the 29
last unsold parcel and place that into a separate outlot that Mr. Marks would own, noting 30
that the applicant believes that would make the last lot more attractive to buyers and 31
allow his estate to maintain the garden in the future. The Commission recommended 32
approval of that item as well. 33
34
VII. NEW BUSINESS 35
36
A. 2382 Highway 55 Rezoning Request (7:14 p.m.) 37
Johnson stated that the applicant is requesting a rezoning from Commercial Highway to 38
Business zoning on the 3.28 acres. 39
40
Finke presented the rezoning request noting that the applicant has a contract for deed to 41
purchase the property for redevelopment for their exterior contracting business. He 42
stated that the proposal would include a shop, warehouse and showroom on the site and 43
would demolish the existing buildings on the site. He explained that prior to bringing that 44
forward, the applicant is requesting the rezoning. He noted that the surrounding 45
properties have already been rezoned as Business in implementation of the 46
Comprehensive Plan. He stated that staff feels that some sort of rezoning would be 47
justified, irrespective of the proposed use of the applicant, in order to become consistent 48
with the Comprehensive Plan whether that is Business or Business Park. He stated that 49
because of the proximity to Highway 55, staff would recommend Business for this site. 50
He stated that the existing motel is a conditional use. He stated that the Planning 51
Medina City Council Meeting Minutes
June 20, 2023
3
Commission held a public hearing the previous week at which there were no public 1
speakers and the Commission recommended approval of the rezoning as requested. 2
3
DesLauriers stated that he does not have an issue with the rezoning as it seems to 4
make sense. He asked if rezoning typically occurs when there are proposals in order to 5
evaluate the future development. He asked what would happen if the development 6
plans were to change. 7
8
Finke replied that while that is not uncommon to see the requests together, the City also 9
initiates rezonings itself at times. He noted that properties in this area were already 10
rezoned to Business from Commercial in order to match the Comprehensive Plan. He 11
stated that while Commercial is not inconsistent with the Comprehensive Plan, Business 12
or Business Park would be more consistent. 13
14
Martin commented that she does recall other instances where rezonings have been 15
approved prior to the site plan request coming through. 16
17
DesLauriers noted that he does not have an issue with the development proposal that is 18
intended to follow and simply had a question on the process. 19
20
Finke replied that this also removes unknowns for the applicant, as the rezoning would 21
provide certainty in moving forward with their design process. 22
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1. Ordinance 710 Rezoning 2383 Highway 55 to the Business Zoning 24
District 25
Moved by Albers, seconded by DesLauriers, to adopt Ordinance 710 rezoning 2383 26
Highway 55 to the Business Zoning District. Motion passed unanimously. 27
28
2. Resolution 2023-72 to Publish by Title and Summary 29
Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-72 authorizing 30
publication by title and summary. Motion passed unanimously. 31
32
B. Limited Use Agreement (7:24 p.m.) 33
Finke stated that this was sent to the property owner weeks or months ago and followed 34
up as the lift station construction is nearing. He noted that the property owner has 35
signed the agreement and staff recommends approval. He stated that there is no 36
compensation, just that the City will restore the property once done. 37
38
Albers asked if the City is confident that this would be completed prior to the end of the 39
year. 40
41
Finke confirmed that staff is comfortable with that term. 42
43
Moved by Albers, seconded by DesLauriers, to approve the limited use agreement as 44
presented. Motion passed unanimously. 45
46
VIII. CITY ADMINISTRATOR REPORT (7:26 p.m.) 47
Johnson noted that the next Council meeting is scheduled for Wednesday, July 5th. 48
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IX. MAYOR & CITY COUNCIL REPORTS (7:26 p.m.) 50
Medina City Council Meeting Minutes
June 20, 2023
4
Martin commented on a presentation from the League of Minnesota Cities that was 1
provided at a recent meeting of the mayors related to the recent legislative session. She 2
noted that the next Future Fire Services Planning Group meeting will be held on July 3
12th. 4
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X. APPROVAL TO PAY THE BILLS (7:28 p.m.) 6
Moved by DesLauriers, seconded by Albers, to approve the bills, EFT 006867E-7
006889E for $64,050.88, order check numbers 054418 -054486 for $543,035.48, and 8
payroll EFT 0512769-0512803 for $65,549.59, and payroll manual check 050458-02459 9
for $11,667.71. Motion passed unanimously. 10
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XI. CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 11-12
118-23-21-0005 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(c) 13
Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 7:29 14
p.m. to consider land acquisition pursuant to Minn. Stat. 13D.05, subd. 3(c). Motion 15
passed unanimously. 16
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The meeting returned to open session at 7:54 p.m. 18
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XII. CLOSED SESSION: POLICE UNION CONTRACT PURSUANT TO MINN. 20
STAT. 13D.03 21
Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 7:55 22
p.m. to discuss police union contract pursuant to Minn. Stat. 13D.03. Motion passed 23
unanimously. 24
25
The meeting returned to open session at 8:17 p.m. 26
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X-III. ADJOURN 28
Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 8:18 p.m. Motion 29
passed unanimously. 30
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__________________________________ 33
Kathleen Martin, Mayor 34
Attest: 35
36
____________________________________ 37
Caitlyn Walker, City Clerk 38
Resolution No. 2023-xx
July 5, 2023
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF MEDINA
AND LAW ENFORCEMENT LABOR SERVICES, INC. REPRESENTING THE LOCAL
#36 BARGAINING UNIT FOR THE CALENDAR YEARS 2024-2025
WHEREAS, representatives of Law Enforcement Labor Services, Inc. representing the Local
#36 bargaining unit of the City of Medina have negotiated a two-year labor agreement, hereinafter
called the Agreement, for the term January 1, 2024 through December 31, 2025; and
WHEREAS, the Agreement is attached as Exhibit A to this resolution; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota
that the City Council approves and ratifies the Agreement and that the Mayor and the City
Administrator are authorized and directed to execute the original contracts.
Dated: July 5, 2023.
Kathleen Martin, Mayor
ATTEST:
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Agenda Item #5B
Resolution No. 2023-xx
July 5, 2023
Exhibit A
LABOR AGREEMENT
BETWEEN
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL #36)
AND
THE CITY OF MEDINA
JANUARY 1, 20242022 THROUGH DECEMBER 31, 20253
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TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT ..........................................................................................................................3 ARTICLE 2. RECOGNITION ................................................................................................................................................3 ARTICLE 3. DEFINITIONS ..................................................................................................................................................3 ARTICLE 4. EMPLOYER SECURITY .................................................................................................................................4 ARTICLE 5. EMPLOYER AUTHORITY .............................................................................................................................4 ARTICLE 6. UNION SECURITY ..........................................................................................................................................4 ARTICLE 7. GRIEVANCE PROCEDURE ...........................................................................................................................5 ARTICLE 8. SAVINGS CLAUSE .........................................................................................................................................7 ARTICLE 9. SENIORITY ......................................................................................................................................................7 ARTICLE 10. DISCIPLINE ...................................................................................................................................................8 ARTICLE 11. WORK SCHEDULE .......................................................................................................................................9 ARTICLE 12. HOLIDAY LEAVE .........................................................................................................................................9 ARTICLE 13. VACATION .................................................................................................................................................. 10 ARTICLE 14. SICK LEAVE ................................................................................................................................................ 11 ARTICLE 15. INJURY-ON-DUTY LEAVE ....................................................................................................................... 13 ARTICLE 16. DISABILITY LEAVE ................................................................................................................................... 14 ARTICLE 17. FUNERAL LEAVE ....................................................................................................................................... 14 ARTICLE 18. INSURANCE ................................................................................................................................................ 15 ARTICLE 19. HEALTH CLUB MEMBERSHIP ................................................................................................................. 15 ARTICLE 20. UNIFORMS .................................................................................................................................................. 16 ARTICLE 21. WAGES ......................................................................................................................................................... 16 ARTICLE 22. OVERTIME .................................................................................................................................................. 16 ARTICLE 23. COURT TIME ............................................................................................................................................... 17 ARTICLE 24. STANDBY .................................................................................................................................................... 17 ARTICLE 25. CALL BACK TIME ...................................................................................................................................... 17 ARTICLE 26. COMPENSATORY TIME ............................................................................................................................ 17 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING .................................................................................................. 18 ARTICLE 28. EDUCATION REIMBURSEMENT ............................................................................................................. 18 ARTICLE 29. RESIGNATION ............................................................................................................................................ 18 ARTICLE 30. PART-TIME EMPLOYEES ......................................................................................................................... 18 ARTICLE 31. WAIVER ....................................................................................................................................................... 18 ARTICLE 32. DURATION .................................................................................................................................................. 19 APPENDIX A - WAGES ...................................................................................................................................................... 20
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ARTICLE 1. PURPOSE OF AGREEMENT
1.1 This AGREEMENT is entered into between the CITY OF MEDINA, hereinafter called
the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES, INC. (Local #36),
hereinafter called LELS.
It is the intent and purpose of this AGREEMENT to:
1.1.1. Establish procedures for the resolution of disputes concerning this
AGREEMENT's interpretation and/or application; and
1.1.2. Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this AGREEMENT.
ARTICLE 2. RECOGNITION
2.1 The EMPLOYER recognizes LELS as the exclusive representative for the following
appropriate unit:
All sworn law enforcement officers of the City of Medina Police Department whose
employment service qualifies them as "public employees" under Minn. Statute. §
179A.03, subd. 14, excluding confidential, supervisory, and all other employees, but
excluding any sworn law enforcement officers who are not members of LELS.
2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue will be submitted to the Bureau of
Mediation Services for determination.
ARTICLE 3. DEFINITIONS
3.1 LELS: Law Enforcement Labor Services, Inc. (Local #36).
3.2 LELS MEMBER: A member of Law Enforcement Labor Services, Inc. (Local #36).
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The CITY OF MEDINA POLICE DEPARTMENT.
3.5 EMPLOYER: The CITY OF MEDINA.
3.6 CHIEF: The CHIEF OF POLICE of the MEDINA POLICE DEPARTMENT.
3.7 LELS OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc.,
(Local #36).
3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess
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of the EMPLOYEE's scheduled shift.
3.9 REST BREAKS: Periods during the scheduled shift during which the EMPLOYEE
remains on continual duty and is responsible for assigned duties.
3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the
EMPLOYEE remains on continual duty and is responsible for assigned duties.
3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch
break.
3.12 PROBATIONARY PERIOD: A period of one (1) year from the date of employment or
promotion.
3.13 "WILL": The use of the word "will" in this agreement has the same meaning and legal
interpretation as the word "shall".
ARTICLE 4. EMPLOYER SECURITY
4.1 LELS agrees that during the life of this AGREEMENT, LELS will not cause, encourage,
participate in or support any strike, slow-down, or other interruption of or interference
with the normal function of the EMPLOYER.
ARTICLE 5. EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, equipment and uniforms; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct, and determine the number of
personnel; to establish work schedules, and to perform any inherent managerial function
not specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT will remain solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
ARTICLE 6. UNION SECURITY
6.1 The EMPLOYER will deduct from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly LELS dues. Such monies
will be remitted as directed by LELS.
6.2 LELS agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result
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of any action taken or not taken by the EMPLOYER under the provisions of 6.1.
6.3 LELS may designate EMPLOYEES from the bargaining unit to act as a Steward and an
alternate and will inform the EMPLOYER in writing of such choice and changes in the
position of Steward and/or alternate.
6.4 The EMPLOYER will make space available on the EMPLOYER bulletin board for
posting LELS notice(s) and announcements.
ARTICLE 7. GRIEVANCE PROCEDURE
7.1 DEFINITION OF A GRIEVANCE.
A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this AGREEMENT.
7.2 UNION REPRESENTATIVE.
The EMPLOYER will recognize representatives designated by LELS as the grievance
representatives of the bargaining unit having the duties and responsibilities established by
this Article. LELS will notify the EMPLOYER in writing of the names of such UNION
representatives and of their successors when so designated as provided by 6.3 of this
AGREEMENT.
7.3 PROCESSING OF A GRIEVANCE.
The processing of grievances is limited by the job duties and responsibilities of the
EMPLOYEES and will therefore be accomplished during normal working hours only
when consistent with such EMPLOYEE duties and responsibilities. The aggrieved
EMPLOYEE and LELS representative will be allowed a reasonable amount of time
without loss in pay when a grievance is investigated and presented to the EMPLOYER
during normal working hours provided that the EMPLOYEE and the LELS
Representative have notified and received the approval of the designated supervisor who
has determined that such absence is reasonable and would not be detrimental to the work
programs of the EMPLOYER.
7.4 PROCEDURE.
Grievances, as defined by Article 7.1, will be resolved in conformance with the following
procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or
application of this AGREEMENT will, within twenty-one (21) calendar
days after such alleged violation has occurred, present such grievance to
the Chief. The Chief will discuss and give an answer to such Step 1
grievance in writing within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 will be placed in
writing by the EMPLOYEE or LELS setting forth the nature of the
grievance, the facts on which it is
based, the provision or provisions of the AGREEMENT allegedly
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violated, the remedy requested, and will be appealed to Step 2 within ten
(10) calendar days after the Chief’s final answer in Step 1. Any grievance
not appealed in writing to Step 2 by LELS within ten (10) calendar days
will be considered waived.
Step 2. If appealed, the written grievance will be presented to and discussed with
the Chief by LELS. A copy of the written grievance will also be mailed
by LELS to the Employer's City Administrator. The Chief will give
LELS the EMPLOYER's Step 2 answer in writing within ten (10) calendar
days after receipt of such step 2 grievance, and will be appealed to Step 3
within ten (10) calendar days after receipt of the Chief’s final answer in
Step 2. A grievance not resolved in Step 2 and not appealed to Step 3
within ten (10) calendar days of receipt of the Chief’s final answer in Step
2 will be considered waived.
Step 3. If appealed from Step 2, the written grievance will be presented by LELS and
discussed with the Medina City Council. The Medina City Council will
give LELS the EMPLOYER's answer in writing within ten (10) calendar
days after receipt of such Step 3 grievance. A grievance not resolved in
Step 3 may be appealed to Step 4 within ten (10) calendar days following
receipt of the Medina City Council's final answer in Step 3. Any grievance
not appealed in writing to Step 3A by LELS within ten (10) calendar days
of receipt of the Medina City Council’s final answer in Step 3 will be
considered waived.
Step 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties,
by mutual agreement, may submit the matter to mediation with the Bureau
of Mediation Services. Submitting the grievance to mediation preserves
time lines for Step 4 of the grievance procedure and either party may,
within ten (10) calendar days after completion of such mediation, submit
the grievance to arbitration pursuant to Step 4 below.
Step 4. A grievance unresolved in Step 3 or Step 3A and appealed to Step 4 by LELS will
be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The selection of
an arbitrator will be made in accordance with the "Rules Governing the
Arbitration of Grievances," as established by the Bureau of Mediation
Services.
7.5 ARBITRATOR'S AUTHORITY.
7.5.1 The arbitrator will have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this AGREEMENT. The arbitrator will
consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and LELS, and will have no authority to make a decision on any
issue not so submitted. The arbitrator will be without power to make decisions
contrary to, or inconsistent with, or modifying, or varying in any way the
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application of laws, rules, or regulations having the force and effect of law. The
decision will be binding on both the EMPLOYER and LELS and will be based
solely on the arbitrator's interpretation or application of the express terms of this
AGREEMENT and to the facts of the grievance presented.
7.5.2 The arbitrator's decision will be submitted to the parties in writing within thirty
(30) days following close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension.
7.5.3 The fees and expenses of the arbitrator's services and proceedings will be borne
equally by the EMPLOYER and LELS provided that each party will be
responsible for compensating its own representatives and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made provided the requesting party pays for the record and provide a copy of
the record to the other party without cost. If both parties desire a verbatim record
of the proceedings, the cost will be shared equally.
7.6 WAIVER
If a grievance is not presented within the time limits set forth in Article 7 above, it will be
considered "waived." If a grievance is not appealed to the next step within the specified
time limit or any agreed extension thereof it will be considered settled on the basis of the
EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an
appeal thereof within the specified time limits, LELS may elect to treat the grievance as
denied at that step and immediately appeal the grievance to the next step. The time limit
in each step may be extended by mutual written agreement of the EMPLOYER and
LELS in each step.
ARTICLE 8. SAVINGS CLAUSE
8.1 This AGREEMENT is subject to applicable Federal and State Law. In the event any
provision of this AGREEMENT will be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provisions will be voided. All other provisions of this
AGREEMENT will continue in full force and effect. The voided provision may be
renegotiated at the written request of either party.
ARTICLE 9. SENIORITY
9.1 Seniority will be determined by the EMPLOYEE's length of continuous employment
with the Police Department and posted in an appropriate location. Seniority rosters may
be determined by the CHIEF on the basis of time in grade and time within specific
classifications.
9.2 All newly-hired, re-hired, and promoted EMPLOYEES will serve a twelve 12 month
8
probationary period. During the probationary period, a newly-hired or re-hired
EMPLOYEE may be discharged, with or without cause, at the sole discretion of the
EMPLOYER. During the probationary period, a promoted or reassigned EMPLOYEE
may, at the EMPLOYEE's discretion, seek reinstatement to their previous position. The
EMPLOYER may, during the probationary period, place a promoted or reassigned
EMPLOYEE in their previous position at the sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis of seniority. Written
notification of lay-off will be by mail (certified/return-receipt requested) or personal
delivery no less than two (2) calendar weeks before lay-off is to take effect.
EMPLOYEES will have the right to be recalled in the reverse order of lay-off for two
consecutive years after lay-off (meaning that the EMPLOYEE with the most seniority
will be recalled first). An EMPLOYEE on layoff will have an opportunity to return to
work within two years of the time of the lay-off before any new employee is hired.
EMPLOYEES on lay-off notified by mail (certified/return-receipt requested) or personal
delivery to return to work or given an opportunity to return to work must return within
two (2) calendar weeks after notification and if the EMPLOYEE does not return to work,
the EMPLOYEE will forfeit all recall rights, unless otherwise agreed to by the parties
under the circumstances. EMPLOYEES must be licensed or eligible to be licensed at the
time of recall or forfeit any and all rights to return to work. The EMPLOYER will
provide an updated list of available classes to laid-off EMPLOYEES upon request.
9.4 Seniority will be the determining criterion for promotion and transfer when all job-related
qualifications of EMPLOYEES are equal.
ARTICLE 10. DISCIPLINE
10.1 The EMPLOYER will discipline non-probationary EMPLOYEES for just cause only.
Discipline will be in one or more of the following forms:
a. Oral Reprimand; or
b. Written Reprimand; or
c. Suspension; or
d. Demotion; or
e. Discharge.
10.2 Suspensions, demotions, and discharges will be in written form and grievances involving
such discipline will be initiated in Step 3 of the grievance procedure.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to become
part of an EMPLOYEE's personnel file will be read and acknowledged by signature of
the EMPLOYEE. EMPLOYEES and LELS will receive a copy of such reprimands
and/or notices.
10.4 EMPLOYEES may examine their own individual personnel files at reasonable times
under the direct supervision of the EMPLOYER.
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ARTICLE 11. WORK SCHEDULE
11.1 The normal work year will be two-thousand eighty (2,080) hours to be accounted for by
each EMPLOYEE through:
a. Hours worked on assigned shifts;
b. Holidays (as defined in Section 12.1 below);
c. Training assigned by the EMPLOYER;
d. Authorized leave time.
11.2 Nothing contained in this or any other Article will be interpreted to be a guarantee of a
minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES.
ARTICLE 12. HOLIDAY LEAVE
12.1 Full-time EMPLOYEES will receive ninety sixone hundred four (96104) hours
compensatory holiday hours in the normal work year. Holidays include:
New Year's Day Columbus DayIndigenous Peoples’
Day
Martin Luther King Day Veterans Day
Presidents' Day Thanksgiving
Memorial Day Friday after Thanksgiving
Juneteenth Christmas
Independence Day One (1) personal holiday
Labor Day
12.2 EMPLOYEES will take holiday time at their request, upon mutual consent of the
EMPLOYEE and the EMPLOYER; which consent shall not be unreasonably withheld.
EMPLOYEES assigned to non-patrol positions can elect to bank holiday compensatory
time if the holiday occurs on a Saturday or Sunday.
.
12.3 Compensatory time under Article 12 will be governed by the compensatory time
provisions of this Agreement. See Article 26.
12.4 If EMPLOYEES work any of the following eleventwelve (112) holidays at the direction
of the EMPLOYER, they will be paid at one and one-half (l ½ ) times their normal rate of
pay for those hours worked:
New Year's Day Columbus Indigenous Peoples’ Day
Martin Luther King Day Veterans Day
Presidents' Day Thanksgiving
Memorial Day Friday after Thanksgiving
Juneteenth Christmas
Independence Day Labor Day
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12.5 Overtime hours worked on any of the Holidays listed in 12.4, will be paid at two times
the EMPLOYEE’s normal rate of pay.
ARTICLE 13. VACATION
13.1 Full-time EMPLOYEES will accrue vacation at the following rate for years of completed
continuous service:
13.2 Vacation time may be used at any time after accrual during the year in which the vacation
time was earned and at any time before the end of the following calendar year. An
EMPLOYEE may carry over up to one hundred twenty (120) hours of earned and unused
vacation time to the next calendar year. The maximum vacation hours in an
EMPLOYEE’s bank at any given time cannot exceed the total of the carryover amount
plus the EMPLOYEE’s current annual vacation time leave accrual. Pay will not be
granted in lieu of vacation. Any accrued, unused vacation not eligible for carry over will
be lost.
13.3 EMPLOYEES will accrue vacation during the probationary period, but will not be
eligible to use accrued vacation until completion of six (6) months of the probationary
period.
13.4 EMPLOYEES may take vacation only with specific scheduled permission of the
EMPLOYER.
13.5 Vacation period(s) requested for any part of a calendar year will be awarded on the basis
of seniority until March 31st of each year. The CHIEF, or assigned designee, will be
responsible for scheduling vacations.
13.6 Vacation will be calculated on the basis of actual length of time of the assigned shift.
EMPLOYEES using accrued vacation or sick leave will be considered working for the
purpose of accumulating additional vacation leave.
Years of Completed
Continuous Service
Vacation
Days Per
Year
Vacation
Hours Per
Year
Vacation Hours Per
Two Week Pay Period
0 < 5 years 10 days 80 hours 3.08 hours
5 < 10 years 15 days 120 hours 4.62 hours
10 < 11 years 16 days 128 hours 4.92 hours
11 < 12 years 17 days 136 hours 5.23 hours
12 < 13 years 18 days 144 hours 5.54 hours
13 < 14 years 19 days 152 hours 5.85 hours
14 < 20 years 20 days 160 hours 6.15 hours
20+ years 25 days 200 hours 7.70 hours
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13.7 EMPLOYEES voluntarily leaving the service of the EMPLOYER in good standing will
be compensated for vacation leave accrued and unused if an EMPLOYEE gives the City
at least fourteen (14) calendar days advance written notice of termination.
13.8 The estate of an EMPLOYEE who dies while employed by the EMPLOYER will be
compensated for vacation leave accrued and unused.
ARTICLE 14. SICK LEAVE
14.1 A full-time EMPLOYEE hired prior to January 1, 2012 will earn sick leave at the rate of
eight (8) hours per calendar month worked fulltime, until the EMPLOYEE has
accumulated seven hundred twenty (720) hours maximum accumulation. Amounts
accumulated in excess of seven-hundred twenty (720) hours may be accrued for purposes
of payment as specified in Article 14.6.
14.2 Sick leave will be used only when the EMPLOYEE is unable to work during his/her
scheduled worktimes under any of the following conditions below:
a. When the EMPLOYEE is unable to perform work duties due to the
EMPLOYEE’s own illness or disability (including pregnancy).
b. For medical, dental or other care provider appointments.
c. When the EMPLOYEE has been exposed to a contagious disease of such a
nature that his/her presence at the work place could endanger the health of
others.
d. To care for the EMPLOYEE’s injured or ill children, including,
stepchildren, adopted or foster children, adult child, spouse, domestic
partner, sibling, parent, mother-in-law, father-in-law, grandchild,
grandparent, or stepparent, for such reasonable periods as the employee’s
attendance may be necessary.
e. To take children, or other family members to a medical, dental, or other
care provider appointment.
f. The EMPLOYEE may use up to 160 hours of sick leave in a calendar year
for absences due to an illness of or injury to the employee’s adult child,
spouse, domestic partner, domestic partner, sibling, parent, grandparent,
stepparent, parent-in-laws (mothers-in-law and fathers-in-law) and
grandchildren (includes step-grandchildren, biological, adopted or foster
grandchildren).
g. The EMPLOYEE is authorized to use sick leave as safety leave for
reasonable absences for the EMPLOYEE or the EMPLOYEE’s relatives
(employee’s adult child, spouse, sibling, parent, mother-in-law, father-in-
law, grandchild, grandparent, or stepparent) who are providing or
receiving assistance because they, or a relative, is a victim of sexual
assault, domestic abuse, or stalking. Safety leave for those listed, other
than the EMPLOYEE and the EMPLOYEE’s child, is limited to 160 hours
in a calendar year.
14.3 To be eligible for paid sick leave, an EMPLOYEE will notify the Department two (2)
hours prior to the starting time of the scheduled shift. Such notice may be waived by the
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Chief of the EMPLOYEE could not reasonably be expected to comply due to the
circumstances of illness or injury. If the EMPLOYEE is absent three (3) consecutive
working days or longer, or if the EMPLOYER has reasonable cause to believe that sick
leave benefits are not available under this provision, the Chief may request and the
EMPLOYEE must provide the statement of a doctor to verify that there is a condition,
illness, injury, or circumstance for which benefits are available under this contract which
prevents the EMPLOYEE from working.
14.4 An EMPLOYEE voluntarily leaving employment, after giving the EMPLOYER
proper written notice of termination of employment, who has been employed for four (4)
or more years of continuous full-time police service with the EMPLOYER, will be paid
for one third (1/3) of his/her accumulated sick leave hours at his/her base rate of pay.An
EMPLOYEE An EMPLOYEE leaving voluntarily, with four or more years of service
with the city after giving the City fourteen (14) calendar days advance written notice of
termination of employment will be paid one third (1/3) at his/her base rate of pay for
his/her accumulated and unused sick leave hours.
14.5 An EMPLOYEE hired prior to January 1, 2012 voluntarily leaving employment with 20
or more years of service with the EMPLOYER, after giving the EMPLOYER proper
written notice of termination of employment will have the following options in regard to
accrued sick leave below the seven hundred twenty (720) hour cap:
A. Receive payment from the EMPLOYER for one half (½) of all accrued and
unused sick leave at his/her base rate of pay; or
B. Place an amount equal to any accrued sick leave into the retirement health
insurance fund as outlined in Article 14.6.
EMPLOYEES choosing to participate in the retirement health insurance program,
without exigent circumstances, must provide the EMPLOYER with fourteen (14) 90 days
advance notice of termination to receive this benefit; provided, having exigent
circumstances caused the retirement a shorter notice period will be permitted (such as
personal injury, unable to perform job duties, etc.).
14.6 An EMPLOYEE hired prior to January 1, 2012 may accumulate seven hundred twenty
(720) hours of sick leave. For sick leave accumulated in excess of seven hundred twenty
(720) hours, the EMPLOYEE will have the following options:
A. Bank the hours in a fund established by the EMPLOYER for the purpose of
retirement health insurance premiums. All hours placed into the fund will be
credited at 100%, and converted to a monetary value by using the EMPLOYEE’s
base rate of pay for the year of retirement; or
B. Receive payment from the EMPLOYER of the accrued hours at one third (1/3)
his/her base rate of pay at the end of the calendar year.
Commented [JN1]: This paragraph is was different language
from 14.7 So I copied the entire paragraph.
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14.7 EMPLOYEES beginning employment with the Medina Police Department after January
1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked
fulltime and shall not bank sick leave over nine hundred sixty (960) hours.
An EMPLOYEE leaving voluntarily, with four or more years of service with the city
after giving the City fourteen (14) calendar days advance written notice of termination of
employment will be paid one third (1/3) at his/her base rate of pay for his/her
accumulated and unused sick leave hours.
An EMPLOYEE leaving employment voluntarily with twenty (20) or more years of
service with the City will have one of the two following options in regard to accrued sick
leave:
A. After giving the City at least fourteen (14) calendar days’ advance written notice
of termination of employment, receive payment from the City for 50% of accrued
and unused sick leave at the EMPLOYEE’s base rate of pay at the time of
termination; or
B. After giving the City at least fourteen (14) calendar days’ advance written notice
of termination of employment, place an amount equal to 50% of accrued and
unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination
into a fund established by the EMPLOYER for the purpose of retirement health
insurance premiums.
ARTICLE 15. INJURY-ON-DUTY LEAVE
15.1 An EMPLOYEE who is unable to work due to a job-related injury or sickness and who
qualifies for Workers' Compensation will be eligible for INJURY-ON-DUTY LEAVE.
The EMPLOYER will compensate the EMPLOYEE's full normal salary for the initial
waiting period set forth in Minn. Stat. § 176.121. Such compensation by the
EMPLOYER will not be deducted from any of the EMPLOYEE's accumulated benefits.
In the event Worker's Compensation subsequently provides payment for this waiting
period, such payment will be reimbursed to the EMPLOYER in order to avoid double
payment to the EMPLOYEE.
15.2 In addition to the provisions Set forth in Article 15.1, an EMPLOYEE found eligible for
INJURY-ON-DUTY LEAVE will receive supplementary payments from the
EMPLOYER equal to the difference between the total amount of all other EMPLOYER
injury related benefits (i.e., Worker's Compensation, pension disability benefits) and the
EMPLOYEE's normal net rate of pay (i.e., pension disability benefits) and the
EMPLOYEE's normal net rate of pay (i.e., after subtraction of Federal and State tax
withholding and retirement contributions) for a maximum of ninety (90) consecutive
calendar days. Such supplementary payments will not be charged against the
EMPLOYEE's accrued sick leave. Thereafter, an EMPLOYEE may elect to be paid
such supplementary payments (as defined above) for a benefit not to exceed the
EMPLOYEE's maximum hours of accrued vacation and sick leave.
15.3 INJURY-ON-DUTY LEAVE will extend for a maximum of ninety (90) consecutive
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calendar days following the date of Worker's Compensation eligibility, plus the period of
any accrued vacation and sick leave during which the EMPLOYEE elects to be paid
supplementary payments as provided in Article 15.2. The EMPLOYER may require the
injured EMPLOYEE to be examined by a physician selected by the EMPLOYER in
order to determine whether the EMPLOYEE is able to return to work pursuant to the
provisions of Article 15.4.
15.4 An EMPLOYEE who elects to supplement INJURY-ON-DUTY payments with accrued
sick and vacation leave will continue to accrue benefits until sick and vacation leave are
exhausted. Once sick and vacation leave are exhausted, or if the EMPLOYEE has elected
not to supplement payments under this Article with accrued sick and vacation leave, no
benefits will accrue to an EMPLOYEE when on INJURY-ON-DUTY LEAVE except
that the EMPLOYER will continue to contribute to the medical insurance premiums of
the EMPLOYEE to the same extent as if the EMPLOYEE was not on INJURY-ON-
DUTY LEAVE.
ARTICLE 16. DISABILITY LEAVE
16.1 Disability is defined as the inability of an EMPLOYEE to perform substantially all the
duties of his/her position. An EMPLOYEE will be entitled to a leave of absence without
pay for up to one year if s/he is disabled as a result of a non-work related injury, illness,
or disability. The EMPLOYEE must request leave in advance, except in an emergency.
The leave will be granted by the EMPLOYER, upon recommendation of the Police
Chief. Where leave of absence without pay is granted for disability of any nature, an
EMPLOYEE's accrued, unused sick leave must be exhausted prior to requesting and
being granted the period of leave of absence. The EMPLOYER may require the opinion
of the EMPLOYEE's doctor that the EMPLOYEE is disabled, and may require the
EMPLOYEE to be examined by a doctor selected by the EMPLOYER in order to verify
the disability. At the end of the leave of absence period, the EMPLOYEE, if able to
return to work, will be reinstated to h/h original job, status, and pay, without loss of
seniority. The EMPLOYER may require medical certification stating that the
EMPLOYEE is to be examined by a doctor selected by the EMPLOYER in order to
verify that the EMPLOYEE is fully able to return to work. No benefits will accrue to any
EMPLOYEE when on disability leave of absence without pay, except that the City will
Continue to contribute to the medical insurance premiums of the EMPLOYEE to the
same extent as if the EMPLOYEE was not on disability leave.
ARTICLE 17. FUNERAL LEAVE
17.1 Paid funeral leave will be granted, if requested, to all full-time employees for a maximum
of five (5) days for death of an employee's spouse, child, father, or mother, and for three
(3) days for the death of a brother, sister, grandparent, grandchild, current spouse's
mother or father, grandparents of current spouse, siblings of current spouse, spouses of
employee siblings, son-in-law, daughter-in-law, step-parent, step-children, step-
grandparents, step-grandchildren, step-sister, step-brother, niece, nephew, aunt, uncle, or
15
legal guardian.
17.2 Additional days of funeral leave may be requested to and approved by the City
Administrator, taken as needed and charged to accrued sick leave. If sick time is not
available, the time may be taken from accrued vacation leave, or as unpaid
time, all of which must be approved by the City Administrator.
17.3 Full-time employees may also request up to two (2) days of accrued sick leave for the
death of non-immediate related family members (related by blood or marriage) or death
of a non-related person. If sick leave is not available, the time may be taken from
accrued vacation leave or as unpaid time, all of which must be approved by the City
Administrator.
17.4 Notwithstanding the use of time above, full-time and part-time EMPLOYEES may
request to use accrued vacation time as funeral leave, which must be approved by the
City Administrator.
ARTICLE 18. INSURANCE
18.1 The EMPLOYER will contribute 100% of the health insurance premium for full-time
employees electing single coverage on any plan.
The EMPLOYER will contribute 100% of the health insurance premium up to $1,753.00
per month for family coverage premiums for full-time EMPLOYEES. Any premium in
excess of $1,753.00 per month will be split, with the EMPLOYEE paying 50% of the
excess until the EMPLOYEE has paid 25% of the total monthly premium for family
coverage.
Once the EMPLOYEE’S contribution to the family coverage insurance premium reaches
the 25 percent level, future premium increases or decreases will be shared between the
EMPLOYEE/EMPLOYER at the rate of a 25/75 split.
The EMPLOYER will contribute $3,000 toward the EMPLOYEE’S HRA or HSA
account.
The EMPLOYER will contribute 100% of the premium for full-time employees electing
single dental coverage.
The EMPLOYER will contribute no less than $122.95 per month for full-time
EMPLOYEES selecting family dental coverage.
18.2 The EMPLOYER will provide a life insurance policy for each full-time EMPLOYEE
with coverage of $50,000. The full cost of the premium will be paid by the
EMPLOYER.
18.3 An EMPLOYEE will have the option to convert accrued sick time to pay the premium
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for Long Term Disability. The tax on the premium will continue to be taken from the
EMPLOYEE's paycheck in order to satisfy the IRS requirements.
18.4 In the event the health insurance provisions of this Agreement fail at any time to meet the
requirements of applicable law and its related regulations or cause the EMPLOYER to be
subject to a penalty, fine or additional tax liability, LELS and the EMPLOYER will meet
promptly to negotiate alternative provisions in good faith.
ARTICLE 19. HEALTH CLUB MEMBERSHIP
19.1 An EMPLOYEE will receive up to twenty-five ($25.00) per month toward a health club
membership, which will be reimbursed at the end of the year.
ARTICLE 20. UNIFORMS
20. 1 The EMPLOYER will provide full-time EMPLOYEES with an annual uniform and
safety equipment allowance pursuant to the department policies in the amount of nine
hundred dollars ($900).
20.2 The uniform allowance will be paid on a voucher system. The investigator(s) and the
drug taskforce member will have the choice to take their uniform allowance in a form of
a check at the beginning of the year. This will be a taxed item to comply with the IRS
regulations.
20.3 EMPLOYEES may utilize up to one hundred dollars ($100.00) of their clothing
allowance per year for the purpose of dry cleaning the EMPLOYER-authorized work
uniform.
ARTICLE 21. WAGES
21.1 EMPLOYEES will be paid in accordance with the wage schedule attached to this
AGREEMENT entitled: APPENDIX “A”. APPENDIX “A” will be considered part of
this AGREEMENT. In 20222024 and 20232025 EMPLOYEES will receive a 3.53%
COLA increase on January 1st as reflected in the wage schedule in APPENDIX A. If
other City employees’ COLA wages are increased more than the percentages shown
above in each respective year, APPENDIX A will be increased by the same percentage.
ARTICLE 22. OVERTIME
22. 1 EMPLOYEES specifically directed by the EMPLOYER to work in excess of the
EMPLOYEE's scheduled shift will be paid at a rate of one and one half (1 ½) times the
EMPLOYEE's base rate of pay.
22.2 EMPLOYEES, who at the direction of the EMPLOYER, are scheduled to work more
than 2,080 hours in a calendar year will be paid at a rate of one and one-half (1 ½ ) times
the EMPLOYEE's base rate of pay.
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22.3 EMPLOYEES may switch shifts with other EMPLOYEES with prior approval of the
Chief. Shift switching does not qualify an EMPLOYEE for overtime.
22.4 Overtime will be distributed as equally as practicable.
22.5 Overtime refused by EMPLOYEES will be for record purposes under Article 22.4
considered as unpaid overtime worked.
22.6 For the purpose of computing overtime compensation, overtime hours worked will not be
pyramided, compounded, or paid twice for the same hours worked.
22.7 Overtime will be calculated to the nearest fifteen (15) minutes.
22.8 EMPLOYEES have the obligation to work overtime or call-backs if requested by the
EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working.
ARTICLE 23. COURT TIME
23.1 EMPLOYEES who are required to appear in Court during their scheduled off-duty time
will receive a minimum of three (3) hour's pay at one and one-half (1 ½) times the
EMPLOYEE’s base pay rate. An extension or early report to a regularly-scheduled shift
for Court appearance does not qualify the EMPLOYEE for the three (3) hours minimum.
ARTICLE 24. STANDBY
24. 1 EMPLOYEES required by the EMPLOYER to standby will be paid for such standby
time at the rate of one (1) hour' s pay for each hour on standby.
ARTICLE 25. CALL BACK TIME
25. 1 EMPLOYEES who are called to duty during their scheduled off-duty time will receive a
minimum of two (2) hour's pay at one and one-half (1 ½) times the EMPLOYEE's base
pay rate. An extension or early report to a regularly scheduled shift for duty does not
qualify the EMPLOYEE for the two (2) hour's minimum.
ARTICLE 26. COMPENSATORY TIME
26.1 In lieu of payment for overtime, holiday leave, call back, court time, or standby time, and
with the prior approval of the Chief, EMPLOYEES may elect to take compensatory time,
at the applicable rate.
26.2 Compensatory time earned must be taken by the EMPLOYEE as soon as practicable.
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EMPLOYEES will request compensatory time off and the EMPLOYER will permit
EMPLOYEES to use such time off within a reasonable period after the EMPLOYEE
makes the request provided such use does not unduly disrupt the operations of the Police
Department. Requests for compensatory time off will only be denied when to grant the
request would impose an unreasonable burden on the Police Department's ability to
provide services of acceptable quality and quantity for the public during the time
requested without the use of the EMPLOYEE's services.
26.3 EMPLOYEES who accumulate more than eighty (80) hours of compensatory time in the
“bank” of compensatory time will be paid in cash for any time in excess of eighty (80)
hours.
ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING
27.1 The EMPLOYER shall afford paid time for employees to obtain the Police Officer
Standards Training (P.O.S.T.) annually. The EMPLOYER shall pay for training each
year, including license fees, tuition, and meals. Meals will be paid up to fifteen dollars
($15.00) for a single training day and up to thirty-five dollars ($35.00) a day if required to
stay overnight.
ARTICLE 28. EDUCATION REIMBURSEMENT
28.1 The EMPLOYER shall pay EMPLOYEE reimbursement of approved continued
education per the City’s Personnel Policies Section 5.80 Continuing Education Program.
ARTICLE 29. RESIGNATION
29.1 Any EMPLOYEE wishing to leave municipal service in good standing will file with the
supervisor, at least fourteen (14) days before leaving, a written resignation stating the
effective date of the resignation. Failure to comply with this procedure mayshall be
considered cause for denying terminal leave benefits. Unauthorized absence from work
for a period of three (3) consecutive working days mayshall be considered by the
supervisor as a resignation without such benefits.
ARTICLE 30. PART-TIME EMPLOYEES
30.1 Part-time EMPLOYEES will receive the same benefits as other part-time City
EMPLOYEES as set forth in the City's Personnel Policy. Part-time EMPLOYEES are
not eligible for one and one-half (1 ½) times normal pay for holidays worked as set forth
in Article 12.4.
30.2 Part-time EMPLOYEES will be compensated at wage rates set forth for part-time
EMPLOYEES in the Appendix "A." attached to this AGREEMENT.
19
ARTICLE 31. WAIVER
31.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms
and conditions of employment to the extent inconsistent with the provision of this
AGREEMENT, are hereby superseded.
31.2 The parties mutually acknowledge that during the negotiations which resulted in this
AGREEMENT, each had the right and opportunity to make demands and proposals with
respect to any term or condition of employment not removed by law from bargaining. All
agreements and understandings arrived at by the parties are set forth in writing in this
AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and
LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding
any and all terms and conditions of employment referred to or covered by this
AGREEMENT, even though such terms or conditions may not have been within the
knowledge or contemplation of either or both of the parties at the time this contract was
negotiated or executed.
ARTICLE 32. DURATION
32.1 This AGREEMENT will be effective as of January 1, 2024, and will remain in full force
and effect until the 31st day of December, 2025.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT indicated
below.
FOR THE CITY OF MEDINA: LAW ENFORCEMENT LABOR
SERVICES, INC.
______________________________ ______________________________
DATE: _______________________ DATE: _______________________
______________________________ ______________________________
DATE: ________________________ DATE: _______________________
20
21
APPENDIX A
Al. WAGES
EFFECTIVE 1-1-2024 HOURLY RATE:
STEP 1 - Start $36.96
STEP 2 – After 1 Year of Continuous Service $38.80
STEP 3 – After 2 Years of Continuous Service $40.74
STEP 4 – After 3 Years of Continuous Service $42.78
STEP 5 – After 4 Years of Continuous Service $44.92
STEP 6 – After 5 Years of Continuous Service $47.84
EFFECTIVE 1-1-2025 HOURLY RATE:
STEP 1 - Start $38.07
STEP 2 – After 1 Year of Continuous Service $39.97
STEP 3 – After 2 Years of Continuous Service $41.97
STEP 4 – After 3 Years of Continuous Service $44.07
STEP 5 – After 4 Years of Continuous Service $46.27
STEP 6 – After 5 Years of Continuous Service $49.28
CONTINUOUS SERVICE INCENTIVE
10 Year Anniversary 3% added to base rate Step 6
15 Year Anniversary 6% added to base rate Step 6
A2. Part-time EMPLOYEES will be compensated at a wage rate equal to or greater than Step
1 above.
A3. Nothing in Appendix "A" will constrain the EMPLOYER from hiring an EMPLOYEE at
any step in the wage schedule.
A4. The EMPLOYER will pay Investigators/Drug Task Force Officers an additional twothree
hundred and fifty ($2350.00) per month or convert to compensatory time per pay period
for officers assigned to these positions.
A5. The EMPLOYER will reimburse all full-time EMPLOYEES for travel and meals in
accordance with the City’s Travel Policy Section 99.20.
A6. The EMPLOYER will pay a designated Field Training Officer (FTO) at a rate of $1.50
per hour in addition to the FTO’s base wage for hours worked as an FTO.
TO: Medina City Council
FROM: Director Jason Nelson
DATE: June 29, 2023
RE: Donation – Garrett Larson Insurance Agency Inc
On June 28, 2023, the police department received a check from Garrett Larson Insurance Agency for
$200.00 as a donation for the 2023 Cops ‘n Bobbers Event.
I would ask the Medina City Council to accept the donation and direct staff to respond with a thank
you letter to Garrett Larson Insurance Agency.
Agenda Item #5C
Resolution No. 2023-XX
July 5, 2023
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2023-XX
RESOLUTION ACCEPTING DONATION FROM GARRETT LARSON INSURANCE
AGENCY
WHEREAS, Garrett Larson Insurance Agency generously offered to donate a check in the
amount of $200 to the City of Medina (the “City”); and
WHEREAS, the Donation will be dedicated to pay for the Cops N’ Bobbers program
activities; and
WHEREAS, the City wishes to accept the Donation and express its gratitude to Garrett
Larson Insurance Agency for their generosity.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota that the City accepts the Donation and thanks Garrett Larson Insurance Agency
Dated: July 5, 2023.
____________________________________
Kathleen Martin, Mayor
ATTEST:
___________________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
1
MEMORANDUM
To: Medina Mayor and Members of the City Council
From: Steve Scherer, Public Works Director
Date: June 28, 2023
Meeting: July 5, 2023
Subject: Lakeshore Park Renovation Project
The Park Commission began planning for renovations at Lakeshore Park in 2021. The project
involved multiple site visits to discuss existing park equipment and potential redesign options to
optimize the functionality, safety, and recreational enjoyment of the park.
On August 18, 2021, the Park Commission authorized creation of a concept plan for Lakeshore Park.
The Park Commission reviewed and recommended refinement of three designs to one concept plan in
their October 20, 2021, meeting, and directed City Staff to conduct a survey petitioning resident
opinion on desired improvements for the park.
The City sought public feedback of the concept plan through the website using a program called
survey monkey to allow resident feedback. The public engagement period was advertised through the
Medina Message mailed newsletter, email blasts, social media, and the City’s website. Staff and the
Park Commission thoroughly reviewed public feedback, concept designs, estimated project costs and
decided to focus on a watercraft storage rack, three seating decks tucked into the hillside, and an
overlook deck and pavilion on the north side of the boat launch.
At the June 21, 2023, meeting, the Park Commission motioned to approve the draft small watercraft
permit application, the storage rack use policy, and final modifications to the Lakeshore Park concept
drawing. Additionally, the Commission discussed modifications to the fee schedule, the recreational
field use policy, parks and recreational facility code 515, and the boat launch permit application.
The 2023 capital improvement plan allocates up to $100,000 from the municipal park replacement
fund budget for Lakeshore Park renovations. The estimated renovations recommended by the Park
Commission total $56,000.
Recommended Actions
• Adopt the Lakeshore Park Concept Plan
• Direct Staff to generate Small Watercraft Storage Rack Use Policy and the Small Watercraft
Storage Rack Permit Application. Also, direct staff to revise the Fee Schedule, Recreational
Field Use Policy, Parks and Recreational Facility code 515, and the Boat Launch Permit
Application.
Agenda Item #5D
OATH OF OFFICE FOR POLICE SERGEANT
CITY OF MEDINA, MINNESOTA
I, David Hall, do solemnly swear that I will support the constitution of the United
Stated of America, the constitution of the State of Minnesota, and that I will
faithfully, justly, and impartially discharge the duties of police sergeant, for the
City of Medina, Minnesota, to the best of my judgment and ability, so help me
God.
Signed: _________________________ Date: _____________________
Subscribed and sworn before me this 5th day, of July 2023
_______________________
Caitlyn Walker
City Clerk
Agenda Item # 7A
NITYA Investments, LLC Page 1 of 6 July 5, 2023
Site Plan Review City Council Meeting
MEMORANDUM
TO: City Council
FROM: Debra Dion, Associate Planner through Planning Director Dusty Finke
DATE: June 27, 2023
MEETING: July 5, 2023 City Council
SUBJ: Reflections Dental Care – 872 Hwy 55 – Site Plan Review
Summary of Request
NITYA Investments, LLC has requested approval of a Site Plan Review for construction of a
7,000 square foot gross floor area multi-tenant building at 872 Hwy 55. The subject property is
located north of Hwy 55, and west of Peg’s restaurant.
The subject site area is 43,540 square feet, which is just under an acre in size. The site is guided
Commercial for commercial development and zoned Commercial Highway (CH). This is a
redevelopment and the owners have already been issued a building permit to demo the structures
on-site. An aerial of the subject site and surround lands can be found below:
Properties north, east (Peg’s), and west are all zoned CH. The property to the south of Hwy 55 is
zoned CG, Commercial General.
Agenda Item #8A
NITYA Investments, LLC Page 2 of 6 July 5, 2023
Site Plan Review City Council Meeting
Dental offices are a permitted use within the CH zoning district. Reflections Dental Care intends
to occupy a portion of the building and the remaining space would be available for tenants.
Restaurants or uses that do not meet parking requirements would not be allowable uses due to the
site not having sufficient parking. The parking lot is designed for office/retail/service uses. A list
of permitted uses are below:
Site Layout
The proposed construction appears to meet the dimensional standards of the CH zoning district.
Following is a summary comparing the proposed construction to standards of the district:
CH District
Requirement
Proposed
Minimum Front Yard Setback 50 feet 75+ feet
Minimum Side Yard Setback 15 feet 15 feet (west)
39+- feet (east)
Minimum Rear Yard Setback 25 feet 35 feet
Minimum Parking Setbacks
Front Yard 25 feet 35+- feet
Side Yard (no rear yard parking) 10 feet 10 feet
Maximum Hardcover 75% 57.8%
Building Height (Not sprinkled) 30 feet 19’- 6”
NITYA Investments, LLC Page 3 of 6 July 5, 2023
Site Plan Review City Council Meeting
Building Materials and Design
The CH zoning district requires the following architectural standards. The Council can discuss
whether the proposed building is consistent with the standards or recommend conditions if
necessary.
The CH district requires:“All exterior building materials shall be durable and meet the following
standards:
(a) A minimum of 30 percent of the building exterior shall be brick, natural stone, stucco (not
Exterior Insulation and Finish System or similar product), copper, or glass.
(b) A maximum of 70 percent may be decorative concrete, split face (rock face) decorative block,
and/or decorative pre-cast concrete panels. Decorative concrete shall be color impregnated in
earth tones (rather than painted) and shall be patterned to create a high-quality terrazzo, brick,
stucco, or travertine appearance. (c) A maximum of 20 percent may be wood, metal
(excluding copper), or fiber cement lap siding, if used.”
The building is proposed to include the exterior materials below:
Modulation
The commercial districts require: “Buildings shall be modulated a minimum of once per 40 feet
of building perimeter to avoid long, monotonous building walls. This modulation may include
varying building height, building setback, or building materials/design. The portions of building
which exceed two stories or 35 feet shall be set back a minimum of six feet from the lower
portion of the building.”
The north and south façades are approximately 150 feet in length, requiring four aspects of
modulation. The west and east façades are approximately 50 feet in length, requiring two
aspects of modulation. The proposed architectural plans appear to meet these minimum
requirements with horizonal and vertical modulation.
Fenestration and Transparency
The commercial districts require: “Building elevations which face a public street shall include
generous window coverage. Alternative architectural elements may be approved by the city when
windows are not practical.”
The southern façade (front) of the structure includes approximately 22.3% window coverage and
various other architectural elements.
Multi-sided Architecture
The commercial districts require: “Any rear or side building elevation which faces a public
street, an interior access drive for the development, or a residential zoning district shall include
Materials Proposed Required
Glass, stone, brick,
stucco
58.% stucco
22.3% glass
Minimum 30%
Metal/Wood/Fiber
cement lap siding
19.7% Maximum 20%
NITYA Investments, LLC Page 4 of 6 July 5, 2023
Site Plan Review City Council Meeting
design and architectural elements of a quality generally associated with a front façade. The
elevation(s) shall be compatible with the front building elevation. Additional signage shall be
permitted for an elevation facing a public street or interior access drive, as regulated within the
sign ordinance. Multi-sided architecture shall not be required in situations where the rear or
side building elevation is fully screened from view from the adjacent street or residential
property.”
The north, east and west facades have complimentary materials as the front façade. The building
is not adjacent to a residential zoning district.
Stormwater/Grading/Wetland
This development will not trigger stormwater management requirements. It is under the
requirement for disturbed area and new impervious. As part of the development rates they will
need to be maintained which will more than likely be done by the existing stormwater pond on-
site.
The existing on-site wetland located in the southwest corner of the lot is not planned to be
disturbed. The project will also be subject to Elm Creek Watershed review and approval.
Minimum surface grades of 2% are required throughout the development. Behind the building
does not quite meet that minimum and revisions to the grading plan will be necessary prior to
issuance of a building permit.
Transportation
The development is located off State Hwy 55 and has full access. A Traffic Generation Memo
was prepared by “Traffic Impact Group, LLC” concluding the proposed site would generate 281
daily trips, 24 AM peak hour trips and 31 PM peak hour trips. Our city engineer concurs with
the results of the analysis. MnDOT may close the median at any time, which would leave a
partial access. Staff strongly recommended that the applicant design the site to accommodate a
future access for their internal drive to run north. The applicant has accommodated this along the
east side of their building for future driveway extension to the north.
Parking
The applicant proposes 28 parking spaces, with required landscaping. For office/retail, the City’s
parking ordinance requires 1 space per 250 square feet of gross floor area. The site meets
parking requirements for office/retail/service uses. The tenant spaces that are unknown at this
time will have to be a use that meets the parking requirements. This would exclude some
“permitted uses” such as restaurants. Staff has placed a condition within the Site Plan Review
that no use except retail, office, or medical office is permitted without review and approval by
city staff for sufficient parking.
Lighting
The applicant does not have plans for exterior light pole lighting. All lighting for the buildings
will be reviewed at time of building permit and are required to be downcast style fixtures. A
photometric plan will be required at time of building permit and light trespass is required to be
limited to no more than 0.5 foot candles at property lines.
NITYA Investments, LLC Page 5 of 6 July 5, 2023
Site Plan Review City Council Meeting
Tree Preservation
Several trees are proposed to be removed for the construction of the parking lot and drive aisle.
The applicant will be protecting trees in the NW corner of the lot.
The tree preservation ordinance would permit 20% of the trees on the site to be removed without
replacement for redevelopment of the site. The removal falls below this requirement.
Landscaping
The commercial district includes the following landscape requirements: “The entire lot shall be
landscaped, except for areas occupied by buildings, walks, trails, parking lots, drives, loading
docks, plaza space, wetlands, wetland buffers, and woodlands. Landscaping shall include trees,
shrubs, plantings, and sod. Areas may be seeded if determined to be practically necessary by the
city. Properly maintained natural vegetation may also be utilized. Integrated stormwater
management practices, such as vegetative swales, vegetated filter strips, bioretention, and
raingardens, shall be considered landscaping and shall not be excluded from the gross acreage
of the parcel when calculating impervious surface coverage.”
The applicant has provided the necessary landscaping as required by code. Landscaping appears
to be 10 feet in width. Staff believes it is reasonable to have reduced landscape area in “access
points/plaza.”
Overstory Deciduous Shade Trees and Coniferous Trees
A minimum of one tree per 50 feet, or fraction thereof, of lot perimeter shall be required. The
applicant is showing the sufficient number of trees.
Minimum Planting
Requirement Required Proposed
Overstory trees 1 per 50’ site perimeter 18 trees 18 trees
Ornamental trees 1 per 100’ site perimeter 9 trees 9 trees
Shrubs 1 per 30’ site perimeter 30 shrubs 64 shrubs
Parking lot landscaping – minimum of 8% of parking lot area – The applicant has provided the
required 8 percent.
Utilities, Mechanical Equipment, and Recycling Facilities
The commercial districts require: Utilities. “All utilities shall be placed underground. To the
extent possible, all utility equipment, meters and transformers shall be placed either inside of the
building or within an outside mechanical court formed by walls. If not located within the
building, these items shall be fully screened from view from adjacent property and streets.”
The building will have rooftop equipment that will be screened. Ground mechanicals are
proposed at the rear of the building which will be screened by green Gem Boxwood, which is a
wood, broadleaf evergreen shrub which grows up to three feet in height.
NITYA Investments, LLC Page 6 of 6 July 5, 2023
Site Plan Review City Council Meeting
Trash
The applicant proposes to construct an accessory building for trash, which allows it to not be
adjacent to the building. The exterior materials and its location meet CH requirements. A
separate permit will be required for this accessory building if it is 200 sf or greater in size.
Planning Commission Recommendation
The Commission reviewed the application at the June 13 meeting. An excerpt from the meeting
minutes is attached for reference. Commissioners generally were supportive of the
redevelopment and believe that the proposed improvements were consistent with code
requirements. Commissioners did raise concerns with the potential safety concerns with
increased traffic at the access to Highway 55. Commissioners noted that it seemed to be in
everyone’s interest to create the access to the north as soon as possible. Following discussion,
the Commission unanimously recommended approval of the Site Plan Review with the
conditions noted in the attached resolution.
Planning Commission Recommendation
The City has a relatively low level of discretion when reviewing the Site Plan Review. The
purpose of a Site Plan Review is to review compliance with relevant land use regulations. If the
proposed construction meets the requirements, it should be approved. The City can apply
conditions as necessary to ensure compliance with City requirements and to protect the public
health, safety and welfare.
Staff and the Planning Commission identified a number of changes and conditions necessary to
meet City requirements but believes it should be relatively straight-forward for the applicant to
do so. As a result, the Planning Commission recommends adoption of the attached resolution.
Potential Action
The City Council finds that, subject to the conditions noted, the proposed construction meets
relevant standards, the following action would be appropriate:
Move to adopt the resolution granting site plan review approval to Nitya Investments,
LLC for construction at 872 Highway 55.
Attachments
1. Draft Resolution
2. Excerpt from draft 6/13/2023 Planning Commission minutes
3. Applicant Narrative
4. Engineering comments dated 5/26/2023.
5. Plan set
Resolution No. 2023-##
July 5, 2023
Member __________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2023-##
RESOLUTION GRANTING SITE PLAN REVIEW APPROVAL TO
NITYA INVESTMENTS LLC FOR CONSTRUCTION
AT 872 HIGHWAY 55
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Nitya Investments LLC (the “Owner”) owns property located 872 Highway
55 (the “Property”), which is legally described as:
That part of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 118, Range
23, described as follows: Commencing at the intersection of the center line of County Road 116,
with the center line of State Highway 55; thence Northwesterly along the center of State
Highway 55, distant 390 feet to the actual point of beginning, thence North parallel with County
Road 116, distant 229.7 feet; thence Northwesterly parallel with State Highway 55, distant 200
feet; thence South parallel with County Road 116, distant 229.7 feet to the center line of State
Highway 55. Thence southeasterly 200 feet to the point of beginning, except that part taken for
State Highway 55. Also that part of the East 1/2 of the Northeast 1/4 of Section 11, Township
118, Range 23, described as follows: Commencing at the intersection of the center line of County
Road 116 with the center line of State Highway 55; thence Northwesterly along the center line of
State Highway 55, distant 590.0 feet; thence North parallel with County Road 116, distant 229.7
feet to the actual point of beginning; Thence continuing along the last described course 60.0
feet; thence Southeasterly parallel with State Highway 55, distant 236.35 feet; thence South
parallel with County Road 116, distant 114.1 feet; thence deflecting to the right 100 degrees, 45
minutes distant 35.0 feet; thence North parallel with County Road 116 distant 59.7 feet; thence
Northwesterly parallel with State Highway 55, distant 200.0 feet to the point of beginning,
Hennepin County, Minnesota; and
WHEREAS, the Owner proposes to construct a 7,000 square foot gross floor area multi-
tenant building on the Property and has requested approval of a site plan review for such
construction; and
WHEREAS, the Planning Commission reviewed the site plan at its June 13, 2023
meeting and considered information provided by the Owner and City staff, took testimony from
the Owner and interested parties, and forwarded a recommendation of approval to the City
Council; and
WHEREAS, the City Council reviewed the requested site plan at its July 5, 2023,
meeting, reviewed the Planning Commission recommendation, and took testimony of interested
parties; and
Resolution No. 2023-## 2
July 5, 2023
WHEREAS, the City Council finds that the proposed site and building plans are generally
consistent with the requirements and intent of the Commercial Highway District, subject to certain
terms and conditions which are noted herein.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants site plan review approval to the Owner for the proposed construction, subject to
the following terms and conditions:
1. Proposed uses include medical office and retail and the proposed parking meets minimum
requirements for such uses. No use other than medical offices/retail or service are
permitted unless reviewed and approved by city staff to verify sufficient parking pursuant
to the City’s parking requirements.
2. Lighting specifications and photometrics are required at time of building permit.
Lighting shall not exceed 0.5 foot-candles at all property lines.
3. The Owner shall submit an escrow in amount of $25,000. This escrow may be utilized
by the City to reimburse it for all costs associated with inspecting the installation of the
private sewer, water, and landscaping improvements pursuant to City policy and
requirements. The escrow shall also serve as a financial guarantee for completion of all
work associated with the proposed construction and survival of landscaping consistent
with City requirements. In the alternative, the Owner may enter into a development
agreement with the City that will include a requirement that a letter of credit be posted to
secure the above items, and said agreement shall be recorded against the Property and
meet all City requirements.
4. Signage shall be subject to review and approval by City staff at the time of sign permit
application to ensure compliance with the City sign ordinance.
5. The Owner shall obtain necessary permits from the City, Elm Creek Watershed,
Minnesota Department of Transportation, Department of Labor and Industry, and any
other relevant agency prior to commencing construction activity on the Property.
6. The Owner shall submit final construction plans for review and approval by the City
Engineer. All comments from the City Engineer shall be addressed in memo dated
5.26.23.
7. The site plan review approval shall be effective for one year and thereafter shall be
considered null and void.
8. The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for its
costs of reviewing the site plan review, all required inspections, the drafting of all related
documents.
Dated: July 5, 2023.
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Resolution No. 2023-## 3
July 5, 2023
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
________ and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes
1
Reflections Dental – 872 Highway 55 – Site Plan Review for Redevelopment
Dion presented a request for a site plan review for the property at 872 Highway 55 for Reflections Dental.
She stated that the proposal would be 7,000 square feet including the dental office space use while the
multi-tenant area could be occupied by other users. She stated that this would be a redevelopment project
and the property is guided commercial, and zoned commercial highway. She stated that the property does
have allowable uses based on the allowable parking. She stated that given the parking needs of the dental
office, there would be limitations on the other users that could come into the other tenant spaces. She
noted that the site meets dimensional standards, setbacks, parking, hardcover standards, and is under the
maximum allowed height. She compared the current layout of the site to the proposed site plan and
highlighted the differences. She provided details on the proposed design and architectural materials. She
stated that staff has a concern with the modulation on the north side of the building as the requirement
would not be met as proposed. She noted that staff recommends approval with a number of conditions as
listed.
Jacob commented that there is talk of potentially connecting to the cul-de-sac behind the building and
asked if thought has been given to providing that connection at this time.
Dion replied that there are no plans at this time, although there are long-term hopes to do something like
that. She noted that access easements would be needed in order to go through the McDonalds property.
She noted that they did plan for that connection should it be possible in the future. She explained that
McDonald’s owns the property between the subject property and the cul-de-sac and also noted the grade
change between the properties.
Jacob asked the percentage of space the dental office would occupy in the building.
Dion noted that could be answered by the applicant.
Ahmed stated that people are traveling at high speeds on Highway 55, and he would be concerned with
traffic trying to access or leave the site. He stated that if the cul-de-sac could be feasible that would
provide a safer access to the site.
Rhem invited the applicant to speak.
Mark Fuller, representing the applicant, stated that they did update their plans to address the concerns
related to modulation. He stated that they also have accommodated their plans to provide the connection
to the cul-de-sac, should that become feasible in the future. He also provided more options that could be
available to provide connection to Clydesdale in the future, should that become feasible.
Nielsen asked if McDonald’s has been approached in attempt to purchase that land that would provide
connection to the cul-de-sac.
Fuller replied that he was unsure if the applicant had done so.
Jacob asked how much land would be required to make the connection.
Plec noted that an easement could be purchased in order to provide that connection as well and provided
estimated dimensions on what would be necessary.
Rhem opened the public hearing at 8:35 p.m.
Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes
2
Bill Ciora, 915 Sunset Court, stated that he has the lots listed at Rolling Greens located at Pinto and 116
and asked if the company has considered purchasing one of those lots as they could accommodate a
10,000 square foot building with private parking.
Fuller replied that he thought the applicant looked at that site, but has moved ahead with the subject
property instead.
Rhem closed the public hearing at 8:37.
Ahmed expressed concern with access from Highway 55 and would prefer a solution that would have
access from Clydesdale.
Plec stated that he supports the development.
Nielsen asked if there was consideration to flip flop the building and parking lot, placing the building on
the non-55 side of the property.
Fuller replied that was considered but noted that the setbacks are more constraining in that area in
addition with the slope that exists for the drainage pond. He commented that there was unpermitted work
done on this site and this proposed development would reduce the impervious surface on the site by about
873 feet.
Nielsen commented that this is a great design, and she looks forward to this development.
Popp commented that this looks great.
Piper commented on the lack of parking at Peg’s on a Sunday morning and wanted to ensure that parking
would not spill onto this site.
Fuller recognized the potential relationship and interaction between this site and Peg’s. He hoped that his
client and Peg’s would be good neighbors.
Nielsen commented that the dental office would not be open on Sunday so shared parking might not be an
issue.
Jacob stated that he would love to see the access developed from the cul-de-sac.
Rhem appreciated that the modulation was already adjusted. He stated that while he does not love the
Highway 55 access, he understands that is the only option at this time and appreciated that the applicant
has planned for a connection in the future.
Fuller stated that if the Council and Commission could help to encourage the Clydesdale connection, he
would appreciate that as well.
Motion by Nielsen, seconded by Rhem, to recommend approval of the Site Plan Review subject to the
conditions recommended by staff. Motion carries unanimously.
Corporate Office ‐ West:
401 8th Avenue SE
Cedar Rapids, IA 52403
Telephone: 319.393.4831
Facsimile: 319.393.0324
Corporate Office – East:
480 Duke Drive, Suite 100
Franklin, TN 37067
Regional Locations:
Columbus, OH
Cincinnati, OH
Des Moines, IA
Kansas City, MO
Minneapolis, MN
Omaha, NE
Architectural Design
Real Estate Development
Interior Design
Construction
PROJECT NARRATIVE
Reflections Dental Care is redeveloping the site at 872 Highway 55 in Medina to
include a 7,250 SF multi‐tenant building. Reflections will utilize 3,325 SF of the
building with the remainder subdivided into as many as three smaller tenant
spaces, depending on the needs of the tenant or tenants they secure. With the
limited space for parking on this site, said tenants will be limited to those
occupancies for which the city parking regulations require 1 parking space per
250 SF of gross floor area or less.
The existing site shares an access drive from Highway 55 with the property to the
southeast occupied by Peg’s Countryside Cafe. Reflections is working with that
property owner to formalize this shared access in writing. With the possibility of
MnDOT eliminating the cut across access from the southbound lanes of Highway
55 to this site, this project may include a separate connection from this site to
the cul‐de‐sac at the end of Clydesdale Trail to the north.
The area directly adjacent to the building toward Highway 55 and partially along
the southeast side will consist of “plaza” type areas where outdoor potted plants
will be placed to provide landscape features between the parking lot and the
building. These areas may also include other amenities such as benches, etc. for
use by building occupants. The existing detention basin will be maintained and
additional landscaping provided to meet city ordinances.
K:\022900-000\Admin\Docs\2023-05-16 Submittal\_2023-05-26 Reflections Dental Site Dev - WSB Engineering Comments.docx
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May 26, 2023
Mr. Dusty Finke
City Planning Director
City of Medina
2052 County Road 24
Medina, MN 55340-9790
Re: Reflections Dentistry Site Plan Submittal – Engineering Plan Review
City Project No. LR-23-348
WSB Project No. 022900-000
Dear Mr. Finke:
WSB staff have reviewed the Reflections Dentistry site plan submittal dated May 9, 2023. The
applicant proposes to construct a single building for a dental practice and 29 total parking spaces
on the existing one acre site located at 872 State Hwy No. 55.
The documents were reviewed for general conformance with the City of Medina’s general
engineering standards and Stormwater Design Manual. We have the following comments with
regards to engineering and stormwater management matters.
General & Project Overview (Sheet C-2)
1. The City Planner will provide comments pertaining to the proposed landscaping,
sidewalk/trail connectivity/easements, and tree preservation plan under separate cover.
2. The City Fire Marshall will provide pertinent comments under separate cover.
3. MnDOT may require a site plan/drainage review. Any work within the State Highway right
of way will also require a permit, add a note to the plan to this affect. The applicant shall
also meet any requirements of MnDOT.
4. Coordinate with adjacent properties and proposed improvements. The access to TH 55 is
shared with the existing Pegs Countryside Café; this property is also proposing
improvements to their building/site; show/note reference to any pertinent improvements
that may affect the Reflections site.
5. Additional comments have been provided directly on the plan sheets. Not all comments
on the plans have been summarized in this review letter.
Site Plan/Removals Plans (Sheet C-3)
General:
6. Consider separating the site plan from the removals and add the removals to the Existing
Conditions Plan sheet.
7. Provide a legend(s) for the various hatch patterns and line-types (separate one for the
site plan and removals.
Removals Plan:
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8. The existing site and removal plans will also need to include existing utility locations, pipe
sizes, pipe material types, etc. where practicable.
9. Show existing utilities and extents to be removed, abandoned, and protected in place.
Site Plan:
10. Show what pavement removals/improvements may occur onsite and within the MnDOT
right-of-way.
11. Hatching for sidewalk is missing on the plan.
12. Note more specifically where the “thickened edge sidewalk” is proposed.
13. Provide more dimensions for the sidewalk in and around the building and note where the
doors will be located.
Existing Conditions Plans (Sheet C-4)
14. Consider adding the removals/demolition information to this sheet instead of sheet C-3.
15. It is not clear what the hatching is intended to signify and why there are two separate plan
views on this sheet.
Grading Plan & Notes (Sheet C-5)
16. Provide linetype for existing contours that better distinguishes between the proposed
contours.
17. Clean up fragmented contours that do not close or connect.
18. In general, maintain all surface grades within the minimum of 2% and maximum 33%
slopes. Vegetated swale grades shall also be a minimum of 2.0%.
o There is minimal grade (<1%) for the drainage swale behind the building.
o Include percent slope In all other swale locations and verify that it meets the City
requirement of 2% minimum.
19. Provide barriers/fences where 3:1 or 4:1 slopes abut the parking area.
20. Provide more spot elevations and flow arrows to show drainage east of the proposed
building. Make sure that the grade is clearly directed away from the building or other
structures.
21. It is not clear that the proposed pavement improvements will match the connection to the
existing pavement to the east. There is a proposed contour the does not connect to the
existing at the edge of pavement indicating additional disturbance/removals will be
necessary.
Utility Plan (Sheet C-6)
General:
22. Existing utilities shown running through the proposed building will need to be relocated.
Coordinate with utility providers and add notes to this affect on the plans.
23. Describe the specific connections to the existing utility services including proposed pipe
materials and sizes.
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24. Label all proposed and existing utility service pipe characteristics (size, material, slope,
material grade, etc.). Show/note the existing curb stop (item for legend).
25. Provide north arrow and scale.
26. Turn off proposed and existing contours on utility plan to provide more clarity.
27. Add general notes to the utility plans to the effect of:
o The City shall not be responsible for any additional costs incurred that are
associated with variations in the utility as-built elevations. All utility connections
shall be verified in the field.
o The City, or agents of the City, are not responsible for errors and omissions on
the submitted plans. The Owner and Engineer of Record are fully responsible for
changes or modifications required during construction to meet the City’s
standards.
o Watermain and water/sewer services shall have a minimum cover of 7.5’.
o Tracer wire installation shall be in accordance with the latest edition of the MN
Rural Water Association Standards. See these standards for further details.
Watermain:
28. Hydrant locations shall be reviewed and approved of by the City Fire Marshal; typically, a
maximum of 250’ overlapping influence radius (maximum 400’ spacing) is required along
roadway (hose length). Provide an exhibit showing hydrant influence spacing.
29. The watermain connections to the building shall be reviewed and approved by the City
Fire Marshall. Also confirm with the Fire Marshall that the size of the water service will be
adequate if fire protection is required.
o The City requires that domestic and fire services are separate taps from the
main.
o A separate curb stop is required for the domestic service and gate valve (PIV) for
the fire line if size permits. Due to the potential for a relatively small fire/dome
Sanitary Sewer:
30. Provide televising information for the existing service. A short portion of the service was
lined from the main with a past City project, but the condition of the rest of the pipe is
suspect.
31. The maximum spacing for sewer service cleanouts shall be 100’, move the cleanout from
the parking lot south to the green-space if spacing will allow. Use castings (Ford A1 typ.)
for cleanouts in impervious surfaces.
32. Call out the specific grade of the proposed sewer service and invert elevation at building.
33. Note more clearly how the existing sewer service is to be abandoned.
Construction Details Plans (Sheet C-7)
34. Utilize City standard details where applicable.
35. The final pavement section shall be designed by a registered geotechnical engineer for
the specific soil conditions found on the site and may need to include a thicker aggregate
section and/or a sand section. The pavement section for the primary fire truck access
route shall meet a 9-ton design.
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36. A full review of standard details will be conducted with future submittals.
Erosion Control & SWPPP Plans (Sheets C-10-11)
37. Include disturbance totals for the project to determine if a SWPPP consistent with the
MPCA CSWGP with future plan submittals is required.
38. An NPDES/SDS Construction Storm Water General Permit (CSWGP) shall be provided
with the grading permit or with the building permit application for review (if required due to
disturbance limits), prior to construction commencing.
39. Label redundant perimeter control around the stormwater areas. Silt fence should be
double layered to a 3 foot minimum separation and 5 foot maximum separation.
40. Change line type or color on erosion control plan show erosion control BMP’s clearly
show up. Currently the blend into the contour lines
41. Erosion control blanket is required for slopes 4:1 or greater.
42. A full review of erosion/sediment control and SWPPP will be conducted with future
submittals.
Stormwater Management
43. The development will not trigger stormwater management requirements. It is under the
requirement for disturbed area and new impervious. As part of the development rates for
the site will need to be maintained. This will likely be completed with the existing
stormwater pond onsite.
44. Maintain all surface grades within the minimum of 2% and maximum 33% slopes.
Vegetated swale grades shall be 2.0% or more. If steeper slopes are being proposed
along filtration basins provide information for stabilization methods to prevent erosion and
ensure stabilization of soils.
Traffic & Access
45. A Traffic Generation Memo was prepared by “Traffic Impact Group, LLC” concluding that
the proposed site would generate 281 daily trips, 24 AM peak hour trips and 31 PM peak
hour trips. We concur with the results of this analysis.
46. The site is located on TH 55 approximately 370ft west of Pinto Drive. The only full access
to the site is on TH 55 which includes a 230ft protected left turn lane and a paved
shoulder for right turning vehicles. The access is controlled by MnDOT and the changes
should be approved before by MnDOT.
47. The access to TH 55 is shared with the existing Pegs Countryside Café. An analysis
should be completed documenting that the operation of the combined access is
adequate.
48. The development Site Plan shows a proposed future access to the Clydesdale Trail cul-
de-sac. Should traffic safety or operations at the site driveway to TH 55 become an issue
during peak hours the access to Clydesdale Trail should be constructed and access from
the development to TH 55 be closed.
49. The proposed future access to Clydesdale Trail should be coordinated with adjacent
property owners and a shared access agreement should be developed. There is quite a
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bit of grade change to the cul-de-sac, consider this with the design of the proposed/future
access road.
Wetlands
50. The “Existing BMP (To Remain and Be Undisturbed)” located in the southwest corner of
the site was constructed in upland circa 2010. If plans change to involve modifications to
this BMP, a Wetland Conservation Act ‘No Loss’ approval should be obtained from the
city to document this resource as non-wetland.
Please have the applicant provide a written response addressing the comments above. We
would be happy to discuss this review in more detail. Please contact me at 612-419-1549 if you
have any questions or if you would like to set up a time to meet.
Sincerely,
WSB
Jim Stremel, P.E.
City Engineer
REFLECTIONS
DENTAL CARE
C - 1
C - 2
C - 3
C - 5
C - 6
C - 9
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LANDSCAPE NOTES:
1.Tree saucer mulch to be four inches (4") depth natural single-shred hardwood mulch for trees outside of a plant bed. Install per tree planting detail.
2.Refer to civil plan sheets for grading, drainage, site dimensions, survey, tree removal, proposed utilities & erosion control.
3.All plant material shall comply with the latest edition of the American Standard for Nursery Stock, American Association of Nurserymen. Unless noted otherwise, deciduous shrubs shall have at least 5 canes at the specified shrub height. Plant
material shall be delivered as specified. All deciduous trees are measured at 48" from finished grade to determine tree diameter (DBH). All coniferous trees are measured from finished grade to the top of the central leader. If no central leader is
present on coniferous trees, that plant is rejected and must be replaced immediately.
4.Plan takes precedence over plant schedule if discrepancies in quantities exist.
5.The 'Contractor' is the individual or company responsible for performing the work as noted in this plan set. This may be a landscaper, earthwork contractor, or other trade under contract with the Owner or General Contractor.
6.Adjustment in location of proposed plant material may be needed in field. Should an adjustment be required, the client will provide field approval. Significant changes may require city review and approval.
7.The project landscape contractor shall be held responsible for watering and properly handling all plant materials brought on the site both before and after installation. Schedule plant deliveries to coincide with expected installation time within 36
hours.
8.This plan assumes the company responsible for installing turf and trees is also responsible for providing the planting soil and 'fine grading' in all landscape areas. This also includes clearing, grubbing, excavation, and the import & spreading of
planting soil.
9.The landscape contractor shall provide the owner with a watering schedule appropriate to the project site conditions and to plant material growth requirements.
10.If the landscape contractor is concerned or perceives any deficiencies in the plant selections, soil conditions, drainage or any other site condition that might negatively affect plant establishment, survival or guarantee, they must bring these
deficiencies to the attention of the landscape architect & client prior to bid submission.
11.Contractor shall establish lo his/ her satisfaction that soil and compaction conditions are adequate to allow for proper drainage at and around the building site.
12.Contractor is responsible for ongoing maintenance of all newly installed material for the duration of the plant warranty, with the exception of turf sod, which shall be maintained for 30 days after installation or until the first mowing, whichever
comes first. Contractor must bag clippings from initial mowing and remove from the job site. Any acts of vandalism or damage which may occur prior to warranty start shall be the responsibility of the contractor. Contractor shall provide the
owner with O&M information, including (but not limited to), written instructions on proper lawn mowing height, yearly lawn maintenance recommendations, proper plant pruning information, plant & lawn fertilization schedule, and disease/pest
control.
13.Warranty: The contractor shall guarantee newly planted material through one calendar year from the date of written owner acceptance. Plants that exhibit more than 25% die-back damage shall be replaced at no additional cost to the owner.
The contractor shall also provide adequate tree wrap and deer/rodent protection measures for the plantings during the warranty period.
14.This layout plan constitutes our understanding of the landscape requirements listed in the ordinance. Changes and modifications may be requested by the city based on applicant information, public input, council decisions, etc. 15. The
landscape contractor shall be responsible for obtaining any permits and coordinating inspections as required throughout the work process.
16.Plant size & species substitutions must be approved in writing prior to acceptance in the field.
17.All edger shall be professional grade perforated steel edger, 1/8" thick, Coyote or Equal. Anchor every 18" on-center (minimum). Submit sample. All mulch to be locally-available, single-shred hardwood free of twigs, leaves, and foreign matter.
Submit samples of wood and rock mulch for Owner review and final selection.
18.Landscape Contractor is responsible for coordination with the General Contractor, to protect the new improvements on and off-site during landscape work activities. Report any damage to the General Contractor immediately.
19.Irrigation: Landscape contractor shall furnish and install an underground irrigation system for the new turf area shown. Provide head-to-head coverage using commercial grade irrigation products. Coordinate with the Owner regarding water
connection point, controller, and wired rain sensor locations. Submit proposed irrigation layout plan to the Owner for review and approval. Coordinate required sleeving under paved areas with the General Contractor and paving sub-contractor.
Route main line around future parking and building areas.
20.All seed/sod areas shall be prepared prior to planting with a harley power box rake or equal to provide a firm planting bed free of stones, sticks, construction debris, etc. Any alternate seed mixtures, rates, & application method noted shall be
submitted to the landscape architect for approval.
21. The Landscape Contractor shall furnish samples of all landscape materials for Owner approval prior to installation (edger, mulch, weed mat).
22.The Landscape Contractor shall clear and grub the underbrush from within the work limits to remove dead branches, leaves, trash, weeds and foreign materials. Remove trees where noted on the plan, including the stump to 30" below grade.
23.The landscape contractor shall contact Gopher State One Call no less than 48 hours before digging for field utility locations.
24.The landscape contractor shall be responsible for the removal of erosion control measures once vegetation has been established to the satisfaction of the municipal staff. This includes silt curtain fencing and sediment logs placed in the
landscape.
25.The Landscape Contractor shall establish to his/ her satisfaction that the earthwork is complete, topsoil spread to correct depth, and compaction conditions are adequate to allow for proper drainage at and around the building site. Notify the
General Contractor immediately if soil conditions left by the earthwork sub-contractor are not satisfactory. No additional compensation will be paid for discrepancies due to earthwork once the landscape contractor begins plant material
installation.
26.Landscape contractor must prove the open sub-grade of all planting areas after their excavation is capable of infiltrating a minimum requirement of 1/4-inch of water per hour prior to installation of plant materials, topsoil, irrigation, weed mat,
and mulch. Planting areas not capable of meeting this requirement shall have 4" diameter X 48" depth holes augured every 36" on-center and filled with MnDOT Free-Draining Coarse Filter Aggregate. Re-test sub-grade percolation for compliance
to infiltration minimum requirement.
PREFERRED SEEDING INSTALLATION METHOD:
METHOD 1 - DROP SEEDING ONTO TILLED SITE. THIS IS STANDARD METHOD FOR SEEDING NATIVE SPECIES ON PREPARED SITES.
A.SITE PREPARATION - THE SITE SHOULD BE PREPARED BY LOOSENING TOPSOIL TO A MINIMUM DEPTH OF 3"
B.FERTILIZER - IF NOT BASING THE FERTILIZER APPLICATION ON SOIL TEST RESULTS, THE FERTILIZER USED SHOULD BE A COMMERCIAL GRADE SLOW RELEASE COMPLETE FERTILIZER APPLIED AT A RATE OF 300 LBS/ACRE AT THE TIME OF PREPARING THE SEED BED FOR SEEDING.
THE FERTILIZER SHOULD CONTAIN 10-20-20 (NPK) ANALYSIS.
C.SEED INSTALLATION - SEED SHOULD BE INSTALLED WITH A DROP SEEDER THAT WILL ACCURATELY METER THE TYPES OF SEED TO BE PLANTED AND KEEP ALL SEEDS UNIFORMLY MIXED DURING PLANTING (TRILLION-TYPE). THE SEEDER SHOULD CONTAIN A MINIMUM OF THREE
SEED BOXES; FINE SEED BOX, A BOX FOR LARGE/FLUFFY SEEDS, AND A BOX FOR COOL SEASON OR GRAINS. IT SHOULD BE EQUIPPED WITH DROP TUBES AND A PACKER ASSEMBLY TO COMPACT THE SOIL DIRECTLY OVER THE SEED. ALL SEEDING SHOULD BE DONE AT A RIGHT
ANGLE TO SURFACE DRAINAGE.
D.SEEDING RATES - RATES ARE SPECIFIED IN THE MIXTURE TABULATION FOR THE SPECIFIED MIX
E.HARROWING - THE SITE SHOULD BE LIGHTLY HARROWED OR RAKED FOLLOWING SEEDING IF THE SEEDER DOES NOT CONTAIN A CULTIPACKER
F.PACKING - CULTIPACKING THE SITE FOLLOWING HARROWING IS RECOMMENDED TO ENSURE A FIRM SEED BED
G.MULCH - THE SITE SHOULD BE MULCHED AND DISC-ANCHORED FOLLOWING PACKING USING ONE OF THE FOLLOWING TYPES OF MULCH (AS PER PLANS OR SPECIAL PROVISIONS): 1) MN/DOT TYPE 3 (MCIA CERTIFIED WEED FREE MULCH) AT A RATE OF 2 TONS PER ACRE, OR 2)
PRAIRIE HAY/MULCH (MN/DOT TYPE 7 OR 8) AT A RATE OF 2 TOMS PER ACRE
Note: This drawing is an artistic interpretation of the general appearance of the design. It is not meant to be an exact rendition.
Note: This drawing is an artistic interpretation of the general appearance of the design. It is not meant to be an exact rendition.
Note: This drawing is an artistic interpretation of the general appearance of the design. It is not meant to be an exact rendition.
School Lake Nature Preserve 3rd Addn Page 1 of 5 July 5, 2023
PUD Amendment/Prelim Plat City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: June 28, 2023
MEETING: July 5, 2023 City Council
SUBJECT: School Lake Nature Preserve 3rd Addn – 2600 Parkview Dr
CD-PUD General Plan Amendment and Preliminary Plat
Review Deadline
Review Deadline: July 21, 2023 (PUD); September 20, 2023 (pre plat)
Summary of Request
On October 17, 2017 the City Council adopted Ordinance 618, establishing a Conservation
Design-Planned Unit Development (CD-PUD) district for the School Lake Nature Preserve
subdivision. The Council granted final plat approval for the six-lot subdivision on February 20,
2018. The plat was recorded and construction was completed for the shared driveway and
associated stormwater improvements. The applicant has not completed grading for the future
trailhead. Four of the lots within the subdivision have been sold, but at this point, no homes have
been constructed in the subdivision.
2600 Parkview Drive (Lot 2, Block 3) contains the Marx formal English gardens east of their
homes. The property owners desire to divide the gardens from the rest of the lot so that the
smaller lot could be sold as a homesite without the garden. The applicant proposes the garden to
be its own Outlot which would not be buildable as a separate lot, but which could be conveyed to
another owner within the subdivision.
The CD-PUD subdivision placed approximately 70 acres of the 89.75 acres into permanent
conservation easements and created six residential lots. 11.76 acres of the conservation area is
buildable land which was not otherwise protected by City ordinance.
The subdivision is located on Parkview Drive, north of County Road 24, southwest of School
Lake and east of the Baker National Golf Course. Property to the north, and south are guided
and zoned rural residential. Property to the southeast is guided and zoned Agricultural Preserve.
An aerial of the subject site and surrounding property can be found at the top of the following
page. The School Lake Nature Preserve project is outlined in yellow. The subject site is
outlined in blue, with the proposed “new” lot line shown with a dashed blue line.
The Conservation Design Planned Unit Development (CD-PUD) district is an overlay district
which provides an applicant an option to permanently preserve portions of a property by
providing incentives to develop the property consistent with the conservation objectives of the
City rather than conventional development following the standard zoning regulations. The
ordinance allows the City to grant flexibility to the underlying zoning regulations in order to
encourage property owners to protect natural resources and open space with conservation
easements. Flexibility can include density bonuses, reduced setbacks and lot size requirements,
MEMORANDUM
Agenda Item #8B
School Lake Nature Preserve 3rd Addn Page 2 of 5 July 5, 2023
PUD Amendment/Prelim Plat City Council Meeting
and flexibility to park dedication or septic regulations. Flexibility can also be considered for
upland buffer and tree preservation regulations on specific lots in the interests of protecting
natural resources more broadly on the site.
During review of the original subdivision, the majority of the City Council determined that
various aspects of flexibility should be granted to encourage the conservation. Most
significantly, a density bonus was granted to double the base density, which is the maximum
bonus permitted.
Staff believes it is appropriate to consider the Conservation Objectives described within the
ordinance when considering requests to amend a CD-PUD proposal. One way to consider
amendments would be to try to determine how you would have judged the flexibility allowed in
the CD-PUD if it had been proposed like this in the first place. On the other hand, an
amendment should not be significantly inconsistent with the objectives of the CD-PUD district.
Conservation Objectives and Determining Flexibility
The CD-PUD process allows the City to grant flexibility to the underlying zoning regulations as
an incentive to permanently conserve natural resources and open space. According to the CD-
School Lake Nature Preserve 3rd Addn Page 3 of 5 July 5, 2023
PUD Amendment/Prelim Plat City Council Meeting
PUD ordinance, the City has the full discretion to determine how much flexibility to grant based
“the amount and quality of Conservation Area protected, the public access to or enjoyment
thereof, and how well the project achieves the following conservation objectives over and above
that achievable under conventional development:
a) Parcels with opportunities to achieve the following primary conservation objectives will
be given higher consideration for flexibility from performance standards.
(1) The protection and/or restoration of the ecological function of native hardwood
forests (e.g. Maple-Basswood Forest).
(2) The protection and preservation of lakes, streams and wetlands beyond existing
regulatory requirements.
(3) The protection, restoration, and/or creation of moderate to high quality ecological
resources including the sensitive ecological resources identified as priority areas
on the Composite Map of the Open Space Report as updated from time to time.
(4) The reservation of land connecting aquatic and terrestrial ecological resources to
restore and/or create new ecological resources suitable for habitat movement
corridors.
(5) The reservation of land for incorporating public and private trails in order to
create connections to existing or planned trails as identified in the current Parks,
Trails, and Open Space Plan.
(b) Parcels with opportunities to achieve the following secondary conservation objectives
may be given consideration for flexibility from performance standards:
(1) The protection of scenic views and viewsheds including the views from roads
identified as “Scenic Roads” on the Scenic Roads Map of the Open Space Report
as updated from time to time.
(2) The reservation of land for incorporating public and /or private Open Space in
order to achieve goals as identified in the Comprehensive Plan.
The proposed amendment does not affect the amount or location of the Conservation Area,
number of lots, setbacks, or other requirements of the CD-PUD. The proposed amendment
would reduce the size of the 2600 Parkview Drive lot from 6.34 acre to 4.5 acre, which exceeds
the minimum lot size requirement within the CD-PUD district.
Lot Standards
The following lot standards were required in the School Lake CD-PUD. The lot as proposed in
the amendment would meet these standards.
School Lake
CD-PUD Requirement
Setback from Parkview Dr. 300 feet
Setback from Perimeter 50 feet
Interior structure setback 30 feet
School Lake 200 feet
Minimum Lot Size 2.5 acre
Use/Accessory Structures
The garden outlot contains two small structures. There is a gazebo within the garden and there is
also a shed to the side. Generally, construction of accessory structures would not be permitted
School Lake Nature Preserve 3rd Addn Page 4 of 5 July 5, 2023
PUD Amendment/Prelim Plat City Council Meeting
upon an outlot. Staff recommends that the use of the outlot and these structures be addressed
within the PUD. Staff recommends that the use of the Outlot be limited to garden and private
open space and that the structures be permitted as accessory to this use. Staff also recommends a
condition that explicitly prohibits commercial uses (assembly uses, commercial photography,
etc.) on the outlot.
Subdivision Review
The original subdivision review included all subjects which are usually part of a subdivision
process. These things include septic requirements, park dedication, transportation issues,
wetland buffers, and landscaping. Most of these aspects of the subdivision/development are not
affected by separating off the garden as an outlot. As a result, these subjects are not addressed in
this report.
Rather than the conservation areas being owned in common by all of the owners in the School
Lake Nature Preserve, the applicant had divided ownership of the conservation areas into a series
of outlots owned by an individual adjacent owner. The intent was for each buyer to purchase a
lot and one or more outlots which were required to be held in common ownership. The lots and
outlots were platted separately to more clearly delineate the conservation areas from the lots.
After the plat was recorded, and despite staff’s recommendation that the developer not do so, the
developer combined the outlots with the adjacent lot for tax purposes.
The conservation area for the subject property (Outlot G) is located to the south and east, and
appears as part of the lot in Hennepin County records. Staff believes the applicant will need to
now include Outlot G in this lot, and replat it in the same size and configuration as the original
Outlot G. The applicant is working on updating the plat to include this land and staff would
recommend that the City Council delay acting on the plat until after that is completed.
Access
Although the garden Outlot will not be buildable, the owner will need to cross over the lot to
access and maintain the Outlot. Staff recommends a condition requiring an access easement to
the satisfaction of the City Attorney.
Easements
The City’s practice is to require drainage and utility easements around the perimeter of lots.
Staff recommends a condition that easements be provided adjacent to the “new” lot line between
the lot and the garden outlot.
Planning Commission Recommendation
The City has a high level of discretion to determine if a proposed CD-PUD subdivision better
serves the conservation objectives of the City than would conventional development, and how
much flexibility, including bonus density, should be provided within a CD-PUD. The City has
similar discretion when reviewing an amendment to an approved CD-PUD. As noted above,
while it is appropriate to consider the amendment within the context of the broader project, an
amendment should not be substantially inconsistent with the objectives of the CD-PUD. These
objectives are described on page 3 of this report.
School Lake Nature Preserve 3rd Addn Page 5 of 5 July 5, 2023
PUD Amendment/Prelim Plat City Council Meeting
Staff is not concerned with reducing the size of the lot. Staff originally raised concern about
creating an orphaned outlot which was not owned by the HOA or an adjacent owner. The
applicant addressed this by proposing that the outlot can only be conveyed to an adjacent owner
or an owner within the School Lake Nature Preserve HOA. Staff does not oppose the request
with proper conditions and covenants to prevent commercial uses of the garden outlot and to
ensure it is owned by a nearby owner.
The Planning Commission held a public hearing on the request at the June 13 meeting. No one
spoke at the hearing. The Planning Commission had a brief discussion about whether there was
concern about the Garden outlot not being part of an adjacent lot and perhaps not being
maintained. Ultimately, the Planning Commission decided that it was likely the garden would be
maintained or if an owner no longer was to maintain the garden, they would want to combine it
with their property.
The Planning Commission unanimously recommended approval subject to the following
conditions:
1) The Applicant shall record documentation in a form and of substance acceptable to the City
Attorney related to the ownership and uses of Outlot A.
2) The Applicant shall execute and record easement agreement in a form and of substance
acceptable to the City Attorney for the shared driveway for all lots, at time of recording
the plat.
3) The plat shall dedicate drainage and utility easements as recommended by the City
Engineer, including adjacent to the perimeter of the lot and outlot and over wetland areas.
4) The Applicant shall meet the requirements of the City Attorney related to title issues and
recording procedures.
5) The plat shall be recorded with the Hennepin County Recorder within 180 days of
approval or the plat shall be considered null and void.
6) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the amended Planned Unit Development, plat, and other relevant
documents.
Potential Action
If the Council finds that the amendment to the CD-PUD is not inconsistent with the purposes,
objectives, and requirements of the CD-PUD district, the following action could be taken:
Motion to direct staff to prepare approval documents for the amendment to the School Lake
Nature Preserve CD-PUD district and the School Lake Nature Preserve 3rd Addition plat.
Attachments
1. Excerpt from draft 6/13/2023 Planning Commission minutes
2. Applicant Narrative
3. Preliminary Plat
4. Final Plat
Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes
1
Public Hearing – School Lake Nature Preserve 3rd Addition – 2600 Parkview Drive – Planned Unit
Development General Plan and Preliminary/Final Plat to Divide Existing Lot into a Lot and an
Outlot
Finke presented a request to amend the School Lake Nature Preserve Planned Unit Development (PUD)
and Plat. He explained that this would not create new lots but would place the English garden into its
own outlot for preservation. He stated that the owners home is still the only home on the properties at this
time. He stated that the applicant would like to split the English garden off onto an outlot to make the
remainder of that lot more attractive to buyers as there may be concern with maintaining the gardens. He
acknowledged that it is not common to create an outlot that is not open space, and the applicant addresses
that through the PUD. He noted that the outlot would be owned by Mr. Marks and could be conveyed to
another owner in the future. He stated that there are two accessory buildings, a shed and gazebo, which
would not typically be allowed on an outlot, but that could also be addressed through the PUD. He stated
that staff recommends approval to reorient the lots in this way and of the plat.
Nielsen asked if there were previous issues with a trail for this project.
Finke replied that there were multiple issues with trails through the review process. He noted that various
trail easements were dedicated as part of the project, along with creation of a trailhead, noting that work is
still outstanding. He noted that the City would be in charge of creating those trails in the future.
Jacob asked what would happen to the outlot if the change were not approved.
Finke replied that the garden is currently part of the 2600 lot. He noted that if this were not approved, the
garden would remain as part of the lot. He stated that there was concern with the outlot being orphaned in
the future and therefore it can be conveyed to another person.
Piper asked if there has been discussion of having another lot.
Finke replied that there has not been any discussion of additional lots. He noted that there are a series of
outlots in this development that has conservation area and maintenance obligations. He recognized that
there would be more intense maintenance obligations for the garden.
Kent Williams, 1632 Homestead Trail, spoke in representation of the applicant. He stated that if the huge
worldclass English garden is attached to a property, with its maintenance obligations, that shrinks the pool
of interested buyers. He stated that whoever owns the garden would have to be a member of the HOA to
ensure vested interest in the maintenance of the property.
Nielsen asked if there is concern that the outlot could become orphaned.
Williams replied that it will become part of the estate.
Nielsen asked if there has been thought to donate the garden to another entity.
Williams commented that the maintenance obligations are around $100,000 a year for the garden.
Rhem opened the public hearing at 9:07 p.m.
No comments.
Rhem closed the public hearing at 9:07 p.m.
Medina Planning Commission Excerpt from Draft 6/13/2023 Minutes
2
Nielsen commented that she does have concern that the garden could be orphaned but would be fine
moving forward.
Piper recognized the age of the applicant and stated that this would be a way for him to get out from
under the economics of this. She stated that she could see this going foul and being ignored. She asked if
the home would provide access to the garden and whether the addition of the garden would make him
home less attractive on the market.
Williams stated that ultimately he is not optimistic that someone would want to take that garden on. He
noted that in that case the garden would become overgrown and tilled and would then become open space.
Finke stated that if someone did not want to maintain the lot as a garden, there is no reason it could not be
combined with an adjacent lot as it would not be labeled as conservation area.
Motion by Piper, seconded by Jacob, to recommend approval of the Planned Unit Development
General Plan and Preliminary/Final Plat with the conditions recommended by staff. Motion carries
unanimously.
Interim Ordinance (Cannabis Businesses) Page 1 of 1 July 5, 2023
City Council Meeting
ME230-1A-885747.v1
TO: Medina City Council
FROM: Dave Anderson, City Attorney
DATE: June 28, 2023
MEETING: July 5, 2023
SUBJECT: Interim Ordinance (Cannabis Businesses) – PUBLIC HEARING
Background: The Minnesota Legislature recently enacted, and the Governor signed, 2023
Minnesota Session Laws, Chapter 63 – H.F. No. 100 (the “Act”), which is comprehensive legislation
relating to the legalization of recreational cannabis. The Act expressly authorizes the establishment
of cannabis businesses in Minnesota, which include establishments involved in cultivating,
transporting, manufacturing, testing, wholesaling, and selling cannabis products.
Minnesota Statutes, section 342.13(e), which is contained within the Act, expressly allows a local
unit of government that is conducting studies or has authorized a study to be conducted or has held or
scheduled a hearing for the purpose of considering adoption or amendment of reasonable restrictions
on the time, place and manner of the operation of cannabis businesses to adopt an interim ordinance
applicable to all of its jurisdiction for the purpose of protecting the planning process and the health,
safety, and welfare of its citizens.
It is recommended that the city adopt such an interim ordinance prohibiting the operation of cannabis
businesses within the city until January 1, 2025, which is authorized under the Act, to allow the city
to study the issues and maintain the status quo while it determines how cannabis businesses should
be regulated within the bounds of the Act. Staff has prepared an interim ordinance, which is attached
to this memorandum, along with a corresponding resolution authorizing summary publication.
Before adopting the interim ordinance, the city council must first hold a public hearing. It is also
worth noting that the city currently has a separate moratorium in place prohibiting the sale of edible
cannabinoid products (the products legalized in 2022) in Medina, which will need to be addressed
prior to its expiration in November. Those products may not be regulated by way of the interim
ordinance presented tonight, and so staff will develop options and recommendations for the city
council related to these products prior to November.
Recommended Actions: After holding the required public hearing, the following motions are
recommended for the reasons set forth in this memorandum:
1. A motion to adopt an interim ordinance authorizing a study and imposing a moratorium on
the operation of cannabis businesses within the city of Medina
2. A motion to adopt a resolution authorizing publication of the interim ordinance by title and
summary
Attachments:
1. Ordinance No. ###, An Interim Ordinance Authorizing a Study and Imposing a
Moratorium on the Operation of Cannabis Businesses Within the City of Medina
2. Resolution Authorizing Publication of Ordinance No. ### by Title and Summary
3. May 31, 2023 Memorandum (Summary of Cannabis Legalization and City Roles and
Regulations)
MEMORANDUM
Agenda Item #8C
1
Ordinance XXX
July 5, 2023
CITY OF MEDINA
ORDINANCE NO. ______
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND
IMPOSING A MORATORIUM ON THE OPERATION OF CANNABIS
BUSINESSES WITHIN THE CITY OF MEDINA
The city council of the city of Medina ordains as follows:
Section 1. Legislative Findings and Authority.
(A) The Minnesota Legislature recently enacted, and the Governor signed, 2023 Minnesota
Session Laws, Chapter 63 – H.F. No. 100 (the “Act”), which is comprehensive legislation
relating to cannabis including, but not limited to, the establishment of the Office of
Cannabis Management (“OCM”), legalizing and limiting the possession and use of
cannabis and certain hemp products by adults, providing for the licensing, inspection, and
regulation of cannabis and hemp businesses, taxing the sale of cannabis flower, cannabis
products, and certain hemp products, establishing grant and loan programs, amending
criminal penalties, providing for expungement of certain convictions, and providing for the
temporary regulation of Edible Cannabinoid Products.
(B) The Act provides local units of government certain authority related to Cannabis
Businesses, including the authority to (i) require local registration of certain Cannabis
Businesses operating retail establishments, (ii) adopt reasonable restrictions on the time,
place, and manner of the operation of Cannabis Businesses, provided that such restrictions
do not prohibit the establishment or operation of a Cannabis Business, (iii) limit the number
of certain Cannabis Businesses based on the population of the community, and (iv) prohibit
the operation of a Cannabis Business within 1,000 feet of a school, or 500 feet of a day
care, residential treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
(C) The Act requires the OCM, which was established effective July 1, 2023, to work with
local governments to develop model ordinances for reasonable restrictions on the time,
place, and manner of the operation of Cannabis Businesses. The Act also requires the OCM
to establish additional rules and regulations relating to the operation of Cannabis
Businesses. It is anticipated that the city of Medina (the “City”) will benefit from reviewing
and analyzing the OCM’s model ordinances, rules and regulations before making any
decisions related to the regulation of Cannabis Businesses in the City.
(D) The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit of
government that is conducting studies or has authorized a study to be conducted or has held
or scheduled a hearing for the purpose of considering adoption or amendment of reasonable
restrictions on the time, place and manner of the operation of Cannabis Businesses to adopt
an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. The interim
ordinance may regulate, restrict, or prohibit the operation of Cannabis Businesses within
the jurisdiction or a portion thereof until January 1, 2025.
2
Ordinance XXX
July 5, 2023
(E) Given the uncertainty regarding the model ordinances to be developed by the OCM and
the broad scope of the changes to Minnesota law brought about by the Act, the City desires
to adopt an interim ordinance for the purpose of protecting the planning process and the
health, safety, and welfare of its citizens.
(F) The City desires to conduct a study for the purpose of considering the adoption or
amendment of reasonable restrictions on the time, place and manner of the operation of
Cannabis Businesses as well as the other regulations local units of government may adopt
under the Act.
(G) On July 5, 2023, after providing at least 10 days published notice, the city council held a
public hearing regarding the consideration and adoption of an interim ordinance prohibiting
the operation of Cannabis Businesses within the City until January 1, 2025.
Section 2. Definitions. For purposes of this Ordinance, the following terms shall have the meaning
given them in this section.
(A) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
(B) “Cannabis Business” has the meaning given the term in Minnesota Statutes, section 342.01,
subdivision 14.
(C) “City” means the city of Medina, a Minnesota municipal corporation.
(D) “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes,
section 151.72, subdivision 1(f).
(E) “OCM” means the Office of Cannabis Management, established as set forth in Minnesota
Statutes, section 342.02, subd. 1.
(F) “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota
Statutes, section 342.13(e).
Section 3. Study Authorized. The city council hereby authorizes and directs City staff to conduct a
study regarding the adoption or amendment of reasonable restrictions on the time, place, and manner
of the operation of Cannabis Businesses, as well as other potential local regulations allowed under the
Act, and report to the city council on the potential regulation of Cannabis Businesses. The study may
include a review of any model ordinances that OCM is directed to draft under Minnesota Statutes,
section 342.13(d), an analysis of potential setback regulations allowed under Minnesota Statues,
section 342.13(c), and such other matters as staff may determine are relevant to the city council’s
consideration of this matter. The report may also include City staff’s recommendations on whether
the city council should adopt regulations and, if so, the recommended types of regulations.
Section 4. Moratorium. A moratorium is hereby imposed on the operation of any Cannabis Business
within the City. During the term of this Ordinance, no business, person, or entity may establish or
operate a Cannabis Business within the jurisdictional boundaries of the City. Accordingly, during the
period that this Ordinance is in effect, the City shall not accept, process, or act on any application, site
3
Ordinance XXX
July 5, 2023
plan, building permit, zoning request, or other approval, including any requested confirmation,
certification, approval, or other request from the OCM or other governmental entity requesting City
review of any application or proposal for a business proposing to engage in the operation of a Cannabis
Business. During the term of the moratorium, it is a violation of this Ordinance for any business,
person, or entity to establish or operate a Cannabis Business within the City.
Section 5. Exceptions. The moratorium imposed by this Ordinance does not apply to: (i) the continued
operation of a duly established business as part of the Medical Cannabis Program administered by the
Minnesota Department of Health that was lawfully operating within the City prior to the effective date
of this Ordinance; or (ii) the sale of Edible Cannabinoid Products, provided, however, that nothing in
this Ordinance exempts a business, person, or entity from complying with all other requirements and
prohibitions of applicable laws and ordinances related to such exceptions. For example, the sale of
Edible Cannabinoid Products is presently prohibited within the City pursuant to Ordinance No. 696.
Section 6. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also enforce
this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent
jurisdiction. A violation of this Ordinance is also subject to the City’s general penalties prescribed in
the city code and may further result in the City reporting violations to the OCM, if relevant to OCM
licensing. The city council hereby authorizes City staff and consultants to initiate any legal action
deemed necessary to secure compliance with this Ordinance.
Section 7. Severability. Every section, provision, and part of this Ordinance is declared severable
from every other section, provision, and part. If any section, provision, or part of this Ordinance is
held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other
section, provision, or part of this Ordinance.
Section 8. Effective Date and Term. This Ordinance shall become effective on the first day of
publication after adoption. This Ordinance shall remain in effect until January 1, 2025 or until the
city council expressly repeals it, whichever occurs first.
Adopted this 5th day of July, 2023.
BY THE CITY COUNCIL
______________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Caitlyn Walker, City Clerk
Published in the Crow River News on the ___ day of _________, 2023.
1
Resolution 2023-XX
July 5, 2023
Member ____ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2023-___
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ### BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Medina has adopted Ordinance No. ###, an
interim ordinance authorizing a study and imposing a moratorium on the operation of cannabis
businesses within the city of Medina; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is three pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ###, an interim
ordinance authorizing a study and imposing a moratorium on the operation of
cannabis businesses within the city of Medina. The ordinance prohibits the
operation of any cannabis business, as that term is defined in Minnesota Statutes,
section 342.01, subd. 14, while the city undertakes a study regarding such
businesses. While the ordinance is in effect, no business, person, or entity may
operate a cannabis business within the jurisdictional boundaries of the city, and the
city will not accept, process, or act on any application, site plan, building permit, or
zoning or other approval for a business proposing to engage in the operation of a
cannabis business in the city. The full text of the ordinance is available from the city
clerk at Medina city hall during regular business hours.
BE IT FURTHER RESOLVED by the city council of the City of Medina that the city
clerk keep a copy of the ordinance in their office at city hall for public inspection and that they
post a full copy of the ordinance in a public place within the city.
Dated: July 5, 2023
______________________________
Kathleen Martin, Mayor
2
Resolution 2023-XX
July 5, 2023
ATTEST:
______________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member __________
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
1
ME230-1A-879346.v1
Kennedy & Graven
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9274 direct
danderson@kennedy-graven.com
MEMORANDUM
TO: Honorable mayor and councilmembers
FROM: David Anderson, city attorney
Jason Hill, attorney
DATE: May 31, 2023
RE: Summary of cannabis legalization and city roles and regulations
______________________________________________________________________________
I. Introduction
This memorandum provides a summary of the cannabis legalization (the “Act”) that Governor
Walz signed into law on May 30, 2023 and identifies the potential, although limited, regulatory
options available to Minnesota cities, including the ability of the City to adopt a moratorium that
would remain in place until January 1, 2025. This memorandum does not include a summary of
all provisions of the Act, which is approximately 321 pages long, but rather focuses on key
provisions that may impact the city of Medina (herein, the “City”).
Most provisions of the Act take effect on either July 1, 2023 or August 1, 2023. However, certain
changes related to edible cannabinoid products (the products that were legalized in 2022) went
into effect on May 31, 2023, the day after the Act was signed. I addressed those changes in a
separate memorandum to the City, also dated May 31, 2023.
II. State Agency and Licensing
A. Office of Cannabis Management
The stated purpose of the Act includes (1) elimination of the illicit market for cannabis, (2) meeting
the market demand for cannabis, (3) promoting a craft industry for cannabis, and (4) prioritizing
growth and recovery in communities that have experienced a disproportionate, negative impact
from cannabis prohibition.
The Act creates the Minnesota Office of Cannabis Management (“OCM”), which will have several
very broad powers and duties that include, in general: establishing rules and regulating the
industry, promoting economic growth, issuance and renewal of licenses, inspections, and
authorizing research and studies. The regulation of medical cannabis, which is already legal in
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ME230-1A-879346.v1
Minnesota, will also transfer to the OCM effective March 1, 2025. The director of the OCM is
appointed by the Governor with the consent of the Senate. The Act also requires the creation of a
Division of Social Equity within the OCM to “engage with the community and administer grants
to communities that experienced a disproportionate, negative impact from cannabis prohibition
and usage in order to promote economic development, improve social determinants of health,
provide services to prevent violence, support early intervention programs for youth and families,
and promote community stability and safety.”
B. State Licensing and Rulemaking
The Act establishes licenses, to be issued by the OCM, and licensing processes, for the following
businesses (all of which are expressly defined in the Act):
• cannabis microbusiness;
• cannabis mezzobusiness;
• cannabis cultivator;
• cannabis manufacturer;
• cannabis retailer;
• cannabis wholesaler;
• cannabis transporter;
• cannabis testing facility;
• cannabis event organizer;
• cannabis delivery service;
• lower-potency hemp edible manufacturer;
• lower-potency hemp edible retailer;
• medical cannabis cultivator;
• medical cannabis processor;
• medical cannabis retailer; or
• medical cannabis combination business.
A license is not required for the sale of hemp-derived topical products.
The provision establishing the OCM has an effective date of July 1, 2023, and it authorizes
expedited state rulemaking. Under the expedited process, an agency publishes notice of its
proposed rule(s) in the State Register and mails notices to those who have requested notice. The
agency must then allow at least 30 days for comment. At the end of the comment period, and after
an administrative law judge approves the form and legality, the agency may adopt the rule(s).
Unlike the customary rulemaking process, there is no opportunity for public hearings under the
expedited process unless the legislature specifically provides for this opportunity. Technically, the
OCM could adopt rules within 30 days and start issuing licenses after that rulemaking is completed.
However, given the scope of the task at hand, it seems apparent that rulemaking will not be
completed for a significant period of time. The State must go through the process of establishing
the OCM and retaining employees before it can even start the rulemaking process. According to
the League of Minnesota Cities’ website, the authors of the Act anticipate that the first retail
licenses for products will be issued sometime in 2024.
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ME230-1A-879346.v1
C. Communications with Cities
Cities will be involved, to an extent, in the OCM’s licensing process. Upon receipt of an
application for a license, the OCM is required to contact the City and provide it with 30 days
in which to provide input on the application. Within 30 days of receiving a copy of an
application for a cannabis business license from the OCM, the City shall certify on a form
provided by the OCM whether a proposed cannabis business complies with local zoning
ordinances and, if applicable, whether the proposed business complies with the state fire code
and building code. The City can provide the OCM with any additional information it believes
is relevant to the OCM’s decision on whether to issue a license, including, but not limited to,
identifying concerns about the proposed location of a cannabis business or sharing public
information about an applicant.
The OCM will establish an expedited complaint process to receive, review, and respond to
complaints made by cities about a cannabis business. Complaints may include alleged violations
of local ordinances or other alleged violations. At a minimum, the expedited complaint process
will require the OCM to provide an initial response to the complaint within seven days and perform
any necessary inspections within 30 days.
If the City notifies the OCM that a cannabis business (other than a cannabis retailer, cannabis
microbusiness with a retail operations endorsement, cannabis mezzobusiness, lower-potency hemp
edible retailer, medical cannabis retailer, or medical cannabis combination business) poses an
immediate threat to the health or safety of the public, the OCM must respond within one business
day and may take certain enforcement action against said business.
III. Local Control and Obligations
As expected, the degree of local control available to cities is extremely limited. However, there
are a few options in the Act that the City can pursue.
A. General Regulatory and Zoning Authority
The Act expressly provides that a city cannot prohibit the possession, transportation, or use of
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products authorized under the statutes, and a city may not prohibit the establishment or operation
of a cannabis business licensed under state statute. However, the City may adopt “reasonable
restrictions on the time, place, and manner of the operation of a cannabis business provided
that such restrictions do not prohibit the establishment or operation of cannabis businesses.”
The OCM is tasked with working with local governments to develop model ordinances that
includes these provisions, standardized forms, and procedures for the issuance of retail registration
(see below) and model policies and procedures for compliance checks.
The Act also allows regulation on distances from certain types of buildings/uses through zoning
regulations. Specifically, cities may prohibit the operation of a cannabis business within 1,000 feet
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ME230-1A-879346.v1
of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public
park that is regularly used by minors, including a playground or athletic field.
Additionally, cities can limit, by ordinance, the number of cannabis retailers, cannabis
mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with a
retail operation to no fewer than one registration for every 12,500 residents. A city may also allow
licensed cannabis retailers in excess of these minimums. It is important to note that the language
of the ordinance must reference “registrations” as opposed to licenses. Furthermore, if a county
has one active registration for every 12,500 county residents, a city within the county is not
obligated to register a cannabis business. The Act does not address when populations don’t exactly
match the 12,500 number or multiples thereof, and whether cities should round up or round down.
The future OCM rules may address this question.
In the zoning context, the Act also requires that prior to the issuance of a cannabis business license,
the OCM “shall request a land use compatibility statement from the city, town, or county that
authorizes the land use. The land use compatibility statement must demonstrate that the requested
license is for a land use that is allowable within the given zoning designation where the land is
located. The OCM may not issue a license if the land use compatibility statement shows that the
proposed land use is prohibited in the applicable zone or if the applicant has failed to meet the land
use requirements of the jurisdiction. A city that receives such a request must act on the request
within 21 days of receipt if the use is allowable and has applied for and received all necessary land
use approvals. Based on the language used in the Act, it is unclear if the OCM will also be
requesting land use compatibility statement for lower potency hemp licenses. Again, that might
be clarified in the OCM rules. As a general rule, structures housing cannabis businesses must also
comply with local building and fire regulations.
B. Interim Ordinance/Moratorium
The Act provides that if a city is “conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of considering adoption or amendment of
reasonable restrictions on the time, place, and manner of the operation of a cannabis business, the
governing body of the local unit of government may adopt an interim ordinance applicable to all
or part of its jurisdiction for the purpose of protecting the planning process and the health, safety,
and welfare of its citizens.” As part of this interim ordinance, a city may prohibit a cannabis
business from opening in its jurisdictional boundaries until January 1, 2025. Before adopting
the interim ordinance, a city must hold a public hearing. There are no specific provisions regarding
notice or other public hearing guidelines. The City should determine now whether it wants to
adopt a moratorium on cannabis businesses as authorized by the Act, which will buy the City some
time to consider what options are available and what policy direction is most desirable. Given all
of the questions and uncertainties surrounding the Act and its potential impacts, it is recommended
that the City adopt such a moratorium.
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ME230-1A-879346.v1
C. City Cannabis Store/Liquor Store Sales
If a city desires, it may establish, own, and operate a municipal cannabis store subject to the
restrictions in the Act. Liquor stores may also sell edible cannabinoids immediately with the
passage of the Act.
D. Retailer Registration
1. General Provisions
The Act requires the following retailers to register with the City prior to making sales to customers
or patients:
• A cannabis microbusiness with a retail operations endorsement;
• Cannabis mezzobusiness with a retail operations endorsement;
• Cannabis retailer;
• Medical cannabis retailer;
• Medical cannabis combination business; and
• Lower-potency hemp edible retailer.
The registration requirement does not apply to other cannabis businesses (manufacturers,
wholesalers, cultivators, transporters, etc.). The City may impose an initial retail registration
fee of $500, or up to half the amount of the applicable initial license fee paid to the State,
whichever is less. The City may also impose a renewal retail registration fee of $1,000, or up
to half the amount of the applicable renewal license fee paid to the State, whichever is less.
The initial license fee includes the fee for initial registration and the first annual renewal.
Therefore, renewal fees must be charged by the City at the time of the second renewal and each
subsequent annual renewal thereafter. The City cannot charge an application fee, and a cannabis
business with a cannabis and medical cannabis retail license for the same location can only be
charged a single registration fee. For reference, the following are the fees charged by the State:
• Cannabis microbusiness: initial license fee of $0 and a renewal license fee of $2,000;
• Cannabis mezzobusiness: an initial license fee of $5,000 and a renewal license fee of
$10,000;
• Cannabis retailer: an initial license fee of $2,500 and a renewal license fee of $5,000;
• Medical cannabis retailer: an initial license fee of $0 and a renewal license fee of $0;
• Medical cannabis combination business: an initial license fee of $20,000 and a renewal
license fee of $70,000; and
• Lower-potency hemp edible retailer: an initial license fee of $250 per retail location and a
renewal license fee of $250 per retail location.
2. Registration Obligations Imposed Upon the City
The City must issue a registration if the business meets certain criteria (valid license, paid fees,
compliant with preliminary check and current on property taxes). Before issuing a retail
registration, the City can conduct a “preliminary compliance check” to ensure that the
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ME230-1A-879346.v1
cannabis business is in compliance with the applicable operation requirements and the limits
on the types of products that may be sold. When the OCM renews a license, the City must renew
the registration.
Registration creates additional obligations on the part of the City. The City is required to
“conduct compliance checks of every cannabis business and hemp business with a retail
registration issued by” the City. The checks must assess compliance with age verification
requirements, the applicable operation requirements, and the applicable limits on the types of
products being sold. Checks regarding compliance with operation requirement and the limits on
the types of products sold must be performed at least once each calendar year and may be
performed by a law enforcement officer or another City employee.
Similar to tobacco licensing, the City is also required to conduct unannounced age
verification compliance checks at least once each calendar year. Age verification compliance
checks must involve persons at least 17 years of age, but under the age of 21, who, with the prior
written consent of a parent or guardian if the person is under the age of 18, attempt to purchase
adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-
derived consumer products under the direct supervision of a law enforcement officer or an
employee of the City.
3. Registration Suspension
If the City determines that a cannabis business or hemp business with a retail registration is
not operating in compliance with the statute or that it poses an immediate threat to the health
or safety of the public, the City may suspend the retail registration of the cannabis business
or hemp business. The City must immediately notify the OCM of the suspension and include a
description of the grounds for the suspension. The OCM will review the suspension and may order
reinstatement of the retail registration or other licensed based penalties or enforcement action. The
retail registration suspension may not exceed 30 days unless the OCM suspends the license and
operating privileges of the cannabis business or hemp business for a longer period or revokes the
license. The City may reinstate the retail registration if the City determines that any violation has
been cured. The City must reinstate the retail registration if the OCM orders reinstatement.
Sales are prohibited without registration, and the City may impose a civil penalty of up to $2,000
for each violation of the registration provisions.
4. Retailer Operation Standards
The Act includes operational standards for retail facilities, which are regulated by the State. A few
standards that the City may want to know about are below:
• Cannabis retailers are authorized to sell a variety of other products.
• A cannabis retailer may operate up to five retail locations in the state.
• A person, cooperative, or business holding a cannabis retailer license may also hold a
cannabis delivery service license, a medical cannabis retailer license, and a cannabis event
organizer license. It cannot hold or operate any other cannabis business.
7
ME230-1A-879346.v1
• No person, cooperative, or business may hold a license to own or operate more than one
cannabis retail business in one city and three retail businesses in one county. A restriction
on the number or type of license a business may hold applies to every cooperative member
or every director, manager, and general partner of a cannabis business. (This is potentially
an issue for current cannabis business that appear to be very interconnected.)
The Act also establishes hours of operation for cannabis retailers, but the City can by ordinance,
further restrict the hours of sale. The Act prohibits sales during the following hours:
• On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.;
• Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
• On Thanksgiving Day and Christmas Day; and
• After 8:00 p.m. on Christmas Eve, December 24.
• Any additional reasonable restriction on hours imposed by the City.
IV. Data Practices Implications
The Act includes data practices provisions that expressly apply to the OCM and indirectly apply
to the City. Application data submitted by an applicant for a cannabis business license or hemp
business license, other than the specific data listed in Minnesota Statutes, section 342.20 is not
public, as is the identity of a complainant who has made a report concerning a license holder or an
applicant that appears in inactive investigative data unless the complainant consents to the
disclosure. Keep in mind, however, that even though the OCM receives the application or may
receive the complaint, the protection travels with the data, so if the City receives any of that data
from the OCM, the applicant, or the complainant, then the protected data classification applies.
Once an applicant for a cannabis business license or hemp business license becomes a license
holder, most of the application data that the license holder previously submitted become public
data with a few exceptions.
V. Local Government Cannabis Aid/Revenue Sharing
The Act includes aid to local governments. With regard to cities, it provides:
• Beginning for aid payable in 2024, the amount available for aid to cities equals 50 percent
of the amount certified in that year to the commissioner (balance of the local government
cannabis aid account in the special revenue fund).
• The amount available “must be distributed proportionally to each city according to the
number of cannabis businesses located in the city as compared to the number of cannabis
businesses in all cities as of the most recent certification.
• Beginning in fiscal year 2025 and annually thereafter, the amount in the local government
cannabis aid account in the special revenue fund is annually appropriated to the
commissioner of revenue to make the aid payments.
The local government cannabis aid account is funded with state sales revenue. Specifically, state
tax revenue is divided as follows: 80 percent to the general fund and 20 percent to the local
government cannabis aid account in the special revenue fund.
8
ME230-1A-879346.v1
VI. Additional Act Highlights
• A cannabis event organizer must receive City approval, including obtaining any necessary
permits or licenses issued by the City, before holding a cannabis event.
• Upon City approval, a cannabis event may designate an area for consumption of adult-use
cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived
consumer products, or any combination of those items.
• The Act creates a private cause of action for a “nuisance” with relief being limited to
injunctive relief and the “greater of the person’s actual damages or a civil penalty of $250.”
• If a landlord or association “fails to enforce the terms of a lease, governing document, or
policy related to the use of adult-use cannabis flower on the premises or property, a person
who is injuriously affected or whose personal enjoyment is lessened by a nuisance . . . as a
result of the failure to enforce the terms may bring an action against the landlord or
association seeking injunctive relief and the greater of the person's actual damages or a
civil penalty of $500.”
• The State imposes a sales tax of 10% on sales, in addition to existing taxes that may apply
to sales. Cities are prohibited from imposing a tax on the sale of cannabis products.
• The Act includes provisions for certain grants, and cities are eligible participants for many
of the grants.
• The Act includes regulatory provisions enforced by the State, including packaging,
labeling, testing, and advertising.
VII. Scope of Personal Adult Use of Cannabis
Under the Act, personal use cannabis for a person 21 years of age or older is allowed as follows
(cities cannot establish stricter regulations):
• Use, possess, or transport cannabis paraphernalia;
• Possess or transport two ounces or less of adult-use cannabis flower in a public place;
• Possess two pounds or less of adult-use cannabis flower in the individual's private
residence;
• Possess or transport eight grams or less of adult-use cannabis concentrate;
• Possess or transport edible cannabis products or lower-potency hemp edibles infused with
a combined total of 800 milligrams or less of THC;
• Give for no remuneration to an individual who is at least 21 years of age:
o two ounces or less of adult-use cannabis flower;
o eight grams or less of adult-use cannabis concentrate; or
o an edible cannabis product or lower-potency hemp edible infused with 800
milligrams or less of THC; and
9
ME230-1A-879346.v1
• Use adult-use cannabis flower and adult-use cannabis products in the following locations:
o A private residence, including the individual's curtilage or yard;
o On private property, not generally accessible by the public, unless the individual
is explicitly prohibited from consuming adult-use cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products on the
property by the owner of the property; or
o On the premises of an establishment or event licensed to permit on-site
consumption.
• Up to eight cannabis plants, with no more than four being mature, may be grown at a
single residence without a license to cultivate cannabis provided cultivation takes place
at the primary residence of an individual 21 years of age or older and in an enclosed,
locked space that is not open to public view.
VIII. Human Resources Considerations
In light of the Act, there are employment/human resources provisions that will trigger amendments
to the City’s personnel policies. Some considerations by cities as employers will include:
• Drug testing and how policies are written. The Act redefines the term “drug” to not include
specified cannabis products, separates newly created “cannabis testing” from “drug
testing”, includes limitations to such cannabis testing, and, as confusing as it seems, lists
the instances, based on type of job, when cannabis use can be treated as a “drug” for
purposes of “drug testing” rather than a cannabis product subject to “cannabis testing.”
• Impact of the Act with respect to CDL holders and safety-sensitive employees.
• Impact of the Act regarding statutory protection of off-duty use of legal products under
Minn. Stat. § 181.938. The Act expands the statutory protections to the newly legalized
products. However, the Act specifically states that section 181.938 does not limit an
employer's ability to discipline or discharge an employee for cannabis flower, cannabis
product, lower-potency hemp edible, or hemp-derived consumer product use, possession,
impairment, sale, or transfer during working hours, on work premises, or while operating
an employer's vehicle, machinery, or equipment, or if a failure to do so would violate
federal or state law or regulations or cause an employer to lose a monetary or licensing-
related benefit under federal law or regulations.
IX. Further Limitations on Use of Cannabis
• Use in public is not allowed. Indeed, a city may adopt an ordinance establishing a petty
misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in a public place
provided that the definition of public place does not include the following:
o a private residence, including the person's curtilage or yard;
o private property not generally accessible by the public, unless the person is
explicitly prohibited from consuming cannabis flower, cannabis products, lower-
potency hemp edibles, or hemp-derived consumer products on the property by the
owner of the property; or
10
ME230-1A-879346.v1
o the premises of an establishment or event licensed to permit on-site consumption.
• Use in a vehicle is not allowed and operation while impaired is still unlawful.
• Use in schools is not allowed.
• Use in areas where smoking is prohibited is not allowed.
• Cannot “vaporize or smoke cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products in any location where the smoke,
aerosol, or vapor would be inhaled by a minor.”
• “A proprietor of a family or group family day care program must disclose to parents or
guardians of children cared for on the premises of the family or group family day care
program, if the proprietor permits the smoking or use of cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products on the
premises outside of its hours of operation. Disclosure must include posting on the premises
a conspicuous written notice and orally informing parents or guardians. Cannabis flower
or cannabis products must be inaccessible to children and stored away from food products.”
• Extraction of cannabis concentrate using solvents is not allowed without a license.
X. Summary of Key Impacts to the City
• On or after July 1, 2023:
o City may adopt an interim ordinance and moratorium through January 1, 2025.
o The City may adopt “reasonable restrictions on the time, place, and manner of the
operation of a cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.” There will be model ordinances
prepared, but they likely will not be available for a significant period of time.
o The City can enforce other ordinances. Based on the language of the Act, this would
include public nuisance provisions.
o The City can, by ordinance, limit the number of licensed cannabis retailers,
cannabis mezzobusinesses with a retail operations endorsement, and cannabis
microbusinesses with a retail operations endorsement in the City, but it can go no
lower than one registration for every 12,500 residents. If the county has one active
registration for every 12,500 residents in the county, the City is not obligated to
register a cannabis business.
• Once state rulemaking and licensing begins:
o Within 30 days of receipt, the City must certify to the OCM that an applicant’s
proposed business plan complies with local zoning ordinances and, if applicable,
whether the proposed business complies with the state fire code and building code.
o The City can give OCM additional relevant information prior to the issuance of a
license, including concerns about the proposed location of a cannabis business or
sharing public information about an applicant.
o The City can charge limited registration fees for businesses that have to register
with the City. The City has no discretion as to the issuance of the registration or the
maximum amount of the fees.
o The City has limited authority to suspend a registration, but the ultimate license
authority rests with the OCM.
11
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o Before issuing a retail registration, the City can conduct a “preliminary compliance
check” to ensure that the cannabis business is in compliance with the applicable
operation requirements and the limits on the types of products that may be sold.
o The City must conduct compliance and age verification checks for retailers
registered in the City on an annual basis. The compliance checks must assess
compliance with age verification requirements, the applicable operation
requirements, and the applicable limits on the types of products being sold.
o The Act provides retailer hours of operation, but the City can limit those hours a
little further by ordinance.
o The City may establish, own, and operate a municipal cannabis store subject to the
restrictions in the statutes.
o A cannabis event organizer must receive City approval, including obtaining any
necessary permits or licenses issued by the City, before holding a cannabis event.
XI. Conclusion and Recommendation
As you might glean from the information summarized above, the Act is extensive and contains
numerous provisions, many of which are still being interpreted and reconciled. It is anticipated
that OCM is still many months away from rulemaking and license issuance. That said, due to all
of the uncertainty around potential rules and impacts, it is strongly recommended that the
City adopt an interim ordinance after July 1, 2023 to allow it time to establish local
regulations that satisfy the City’s policy concerns within the extent authorized. Following
the adoption of such an interim ordinance, the City would have until January 1, 2025 to establish
reasonable restrictions on the time, place and manner of the operation of cannabis businesses. The
interim ordinance would not necessarily need to remain in effect through January 1, 2025 should
the City determine how it wishes to regulate prior to then.
Planning Department Update Page 1 of 2 July 5, 2023
City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: June 29, 2023
MEETING: July 5, 2023 City Council
SUBJECT: Planning Department Updates
Land Use Application Review
A) Preserve of Medina (fka Blooming Meadows) – east of Holy Name Dr, north of CR24 – Tim
Boser has requested PUD General Plan and Preliminary Plat approval for a 5-lot rural
subdivision. The applicant proposes to restore a large area of wetlands and create a wetland
bank in addition to the lots. The Planning Commission held a public hearing at the June 13
meeting and unanimously recommended approval. The Park Commission reviewed on June 21
and staff intends to present to City Council on July 18.
B) Reflections Dental Site Plan Review – 872 Highway 55 - Nitya Investments has applied for a
Site Plan Review to construct a new commercial building. The existing building is proposed to
be demolished and the site redeveloped. The Planning Commission reviewed at their June 13
meeting and unanimously recommended approval. Staff intends to present to the Council on
July 5.
C) School Lake Nature Preserve 3rd Addition and PUD Amendment – School Lake Nature
Preserve LLC has requested to separate the area of the formal garden from one of the lots within
the development. The garden area is proposed as a stand alone outlot. The Planning
Commission reviewed at their June 13 meeting and unanimously recommended approval. Staff
intends to present to the Council on July 5.
D) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has requested final plat
approval for a 310,000 square foot warehouse/office development east of Willow Drive, north of
Chippewa Road. The application is incomplete for review, staff has requested additional
information and will present to Council when complete.
E) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan
for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public
hearing when complete, potentially at the August 8 Planning Commission meeting.
F) 2382 Highway 55 Rezoning – Alexander Petrashov has requested to rezone the subject property
from the Commercial-Highway (CH) district to the Business (B) district. The subject site is
guided Business in the City’s comprehensive plan. The Planning Commission held a public
hearing at the June 13 meeting. The Council adopted an ordinance approving the rezoning at the
June 20 meeting. The project will now be closed.
G) Meander Park and Boardwalk – Meander Rd, east of Arrowhead Dr – Medina Ventures had
requested PUD General Plan and Preliminary Plat approval for a development to include four
residential units north of Meander Rd, and commercial uses south of Meander Rd including a
venue, restaurant, daycare, and speculative retail space. The City Council granted amended
PUD and Final Plat approval at the April 18 meeting. Staff will work with the applicant to
finalize the conditions of approval in anticipation of construction this summer.
H) Loram/Scannell Medina Industrial – Loram and Scannell have submitted materials for the City
to prepare an EAW for a warehouse/industrial development east of Arrowhead Drive, south of
Highway 55, to the south of Loram’s existing facility. The council granted approval of the
MEMORANDUM
Planning Department Update Page 2 of 2 July 5, 2023
City Council Meeting
preliminary plat and site plan review at the February 7 meeting. The Council granted final plat
approval on 5/2/2023. Staff will work with the applicant on conditions of approval. The
applicant hopes to start construction in June.
I) 3844 Linden Dr E. – Highlands PUD Amendment – Joe McCusker has requested an
amendment of the design standards of the Medina Highlands PUD to allow a deck to extend off
the side of his twinhome unit. The amendment would apply only to this lot. The Planning
Commission held a public hearing at the April 11 meeting and City Council approved on May 2.
The project will now be closed.
J) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an
amendment to their approved site plan review. The applicant has submitted updated
architectural information based on the City’s updated regulations pertaining to architectural
elements. The applicant has also proposed minor adjustments to the site layout previously
approved. The Council reviewed at the November 9 meeting and recommended approval. The
Council approved the amended Site Plan Review at the December 6 meeting. The applicant has
indicated that they may potentially begin construction during the fall of 2023.
K) 500 Hamel Road Apartment Concept Plan – Medina Apartments LLC has requested review of
a concept plan review for development of a 97-unit apartment building at 500 Hamel Rd. The
Planning Commission held a public hearing at their August 10 meeting and Council provided
comments on August 16. The developer met with neighbors on September 12 and the parties
have indicated that they will meet again to discuss the project.
L) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final
plat approval for a 30-unit townhome development. The Council granted final plat approval on
August 16. Staff will work with the applicant to finalize documents prior to beginning of
construction.
M) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling
has requested a Site Plan Review for an approximately 5,000 square foot addition to its building.
The application is incomplete for review and will be scheduled for a hearing when complete.
N) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting
final plat application.
Other Projects
A) Vacation – I will be on vacation July 5-6.
B) Highway 55 Bus Rapid Transit – staff attended a meeting with state legislators and
representatives and staff from the legislature, Met Council, MnDOT, Hennepin County, Golden
Valley, Plymouth, and Minneapolis related to planning for creation of a Bus Rapid Transit
(BRT) route along Highway 55 from Minneapolis to Medina (or Plymouth). Funding is in place
for the study which is underway.
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: June 29, 2023
RE: Department Updates
On June 26th, officers attended the Tuckborough Farm Neighborhood summer social. Officers got to
meet and show off our squads, equipment and gave out honorary badge swag. This is the second
neighborhood get together that we have attended in the past couple of weeks. It is great to see
neighbors out meeting one another and asking the police to be a part of it.
On June 26th, our new Office Assistant Brenna Groth started. We are very excited to have this
position filled. She has started her initial training and will be a great fit for the department. She
comes to us with several years of experience from the Robbinsdale Police Department.
On July 1st, Officer Hall will officially start as the department’s third ever Sergeant. Sergeant Hall
will become the Administrative Sergeant and Sergeant Boecker will be the Patrol Sergeant. Sergeant
Hall’s schedule will not change until we hire to backfill his current Police Officer position with a
replacement, which will hopefully be in the next few months. Sergeants Hall and Boecker will then
work 12-hour shifts which will give us supervisory coverage seven days a week.
Patrol:
The following are updates of Patrol Officers between June 15, 2023 and June 27, 2023:
Citations – 22 Warnings – 53 PD Accidents – 9
PI Accidents – 0 Medicals – 10 Falls – 4
Suspicious Calls – 2 Traffic Complaints – 4 Other Agency Assists – 8
Business/Residential Alarms -
10
Welfare Checks - 9
On 06/15/2023 at 1500 hours officers were called to a report of vehicle prowlers in the area of Marsh
Point Court. Construction worker reported seeing two males rifling through other construction
workers vehicles in a residential construction area. Reporting party took photos of the suspect’s
vehicle but were unable to get a license plate. No reported loss at this time as the suspects were
spooked off by the reporting party.
On 06/18/2023 at 1550 hours officer was dispatched to a traffic complaint on Highway 12 on a report
of a vehicle all over the road. Officer located the vehicle in the parking lot of Koch’s Korner. Officer
identified the driver who was found to have a felony DOC warrant for his arrest. Driver was arrested.
A search of the vehicle turned up a loaded AR style rifle on the back seat. Subject was prohibited
from possessing a firearm. Charges pending.
On 06/19/2023 at 1004 hours officer was dispatched to a phone call regarding a civil matter. Person
reported buying three paddle boats from K-Bid on one of their online auctions. Reporting person said
they have been trying to pick up the items but have been unable to contact anyone at the business. He
was advised it was a civil matter and to continue to try to contact K-Bid.
On 06/20/2023 at 1355 hours officers were dispatched to a welfare check of an adult female in the
2300 block of County Road 24. The female had been seen swimming in a pond prior to walking down
the roadway and looking in mailboxes. Upon arrival and speaking with the female, she was believed
to be having a mental health crisis. North ambulance was requested to transport the female to the
hospital for an evaluation.
On 06/20/2023 officer received a call from a resident who lives on Fairway Drive who was reporting
receiving a notification that they were being tracked by an air tag. Officer provided the resident with
advice by phone and referred to Apple support website for additional information.
On 06/22/2023 officers were dispatched to a possible grass fire in the area of Highway 55 and Willow
Drive. Officer and Fire Department checked the area but was unable to locate anything on fire.
On 06/22/2023 officer observed a vehicle driving and ran the registration which showed the owner had
an unconfirmed warrant for his arrest. Officers located the male as he parked near his residence in the
4100 block of Apache Drive. The male was arrested for the warrant. The property has been a known
problem property with narcotics and stolen vehicles. Officers observed a newer enclosed trailer and
that all markings had been removed including the VIN sticker. The trailer was impounded and later
found to have been stolen from Eagan in 2021.
On 06/24/2023 at 1626 hours officer responded to assist Three Rivers PD on a reported large fight in
the area of the main picnic area in Rebecca Park. Officer assisted with locating two juveniles who
were reported to possibly be victims. They reported no injuries and were transported back to the scene
and handed over to Three Rivers PD.
On 06/25/2023 officer responded to a damage to property complaint at Hunter Park. Witness reported
someone driving across the newly seeded baseball field causing large ruts in the grass. The person
who drove on the grass was identified and said they had drove to the pickle ball court to speak to
someone that was on the court and was unaware that the lawn was wet from the previous rain. Public
Works was contacted to determine how they wanted to proceed with fixing the lawn and restitution.
On 06/26/2023 officer was called to a welfare check at the Medina Inn. Male alcoholic at the Inn was
found extremely intoxicated and agreed to go to the hospital for help.
Investigations:
Developed suspect in high dollar fraud case.
Received and sent case in for charging for disorderly conduct.
Received and rerouted assault case from City Attorney to County Attorney.
Received stolen property case and completed two search warrants for the case.
Completed geofence search warrant in burglary case.
Received theft by swindle case.
Investigations currently have 7 active/open cases.
1
TO: Medina Mayor and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: June 29, 2023, 2023
MEETING: July 5, 2023
SUBJECT: Public Works Update
Streets
• The Clydesdale Trail project has been delayed due to scheduling problems with the
mill. Most of the work is complete with an estimated two days of work left. We are
awaiting the milling contractors revised schedule.
• The Highlands paving project is complete, and the neighborhood looks great.
• I scheduled an open house at the Orono City Hall for the Townline Road project on
Thursday, July 20. I’ll give a short presentation to Medina, Orono, and Independence
residents so they know what to expect during construction, and how their access
might be restricted for a short duration. I invited Orono and Independence Staff to
participate and will answer questions after the presentation.
• I have been working on the CIP. There are always streets that need attention in the
city and as we add more the number of overlays, reconstructs, and sealcoats increases.
Erin Barnhart and I will continue our work to ensure these projects stay within
budget.
• Ditch mowing is almost complete, and the streetscape of the rural roads look great.
Water/Sewer/Stormwater
• The water system is pumping a large amount of water and my calculations indicate it
will be stretched to its limit within the next few years. I will be recommending that
we move forward with the expansion of the water treatment plant in 2024. I expect
plans and specs to take six months or more, the manufacturing of the filter to take at
minimum of a year, and installation will take a considerable amount of time as well.
We expect a 2024 start will likely mean a 2026 completion date.
• The Willow Drive lift station project has begun with the force main portion complete.
The actual station installation will start soon.
Parks/Trails
• The pickleball courts are up and running and are a huge hit at Hunter Park. So far,
the complaints we are tracking reside from one specific area in the Enclave. At the
June 21 Park Commission meeting staff was directed to come up with options for
noise and screening mitigation. Over the course of the next month, a couple park
commissioners plan to visit the courts and the neighborhood to get a firsthand look at
the view and the level of noise the courts create.
MEMORANDUM
2
• For the third time since seeded last summer, we are dealing with damage at Hunter
Park after individuals drove onto the outfield. I am gathering quotes to repair the
damage and intend to invoice the responsible person.
• Staff and the Park Commission discussed the 2024-2028 CIP items along with fund
balances of the municipal park and park dedication fund at the June 21 meeting.
• The Lakeshore Park concept plan is in your packet for approval. The memo
documents the timeline and process the park commission followed to make
recommended renovations to the park. Staff is also requesting direction to update
policies as part of this item.
Personnel
• Derek has returned from paternity leave; all is well with the Reinking family. Staff
stepped up and kept everything moving forward in his absence.
ORDER CHECKS JUNE 20, 2023 – JULY 5, 2023
054487 ABDO ..................................................................................... $9,312.00
054488 ARORA, VISHAL/POOJA .......................................................... $250.00
054489 DEREK CHERNE ...................................................................... $500.00
054490 DEWOLFE, MELANIE ................................................................ $250.00
054491 GUASTAFERRO, ROSANA ....................................................... $500.00
054492 JAIN, DHRUV ............................................................................ $250.00
054493 KLEIN, JON ............................................................................... $250.00
054494 LACKAS, CHRISTINE/BRENT ................................................... $400.00
054495 MCMA-MN CTY/CO MGMT ASSOC .......................................... $175.00
054496 MEDINA HAMEL SCHOOL OF MUSIC ...................................... $500.00
054497 METROPOLITAN COUNCIL ................................................. $17,221.05
054498 METRO WEST INSPECTION ................................................. $9,113.23
054499 MINNESOTA U.I. FUND ......................................................... $1,190.33
054500 PEARCE, JOHN ........................................................................ $500.00
054501 POUNTNEY, CHARLIE/TINA ....................................................... $49.66
054502 PULTE GROUP .................................................................... $10,000.00
054503 ZIEGLER, CORY ....................................................................... $250.00
054504 AURORA COMMUNICATION CABLING ................................... $200.00
054505 BAILEY NURSERIES, INC. ..................................................... $5,478.00
054506 BEAUDRY OIL & PROPANE .................................................. $3,504.65
054507 CONTEMPORARY IMAGES ................................................... $3,043.06
054508 CORE & MAIN LP ................................................................... $4,886.53
054509 DESIGNING NATURE, INC. ................................................... $2,312.63
054510 EARL F ANDERSEN INC .......................................................... $576.80
054511 ECM PUBLISHERS INC ......................................................... $1,398.25
054512 EHLERS & ASSOC INC. ......................................................... $4,650.00
054513 EMPIRE PIPE SERVICES .................................................... $18,304.70
054514 EQUIFAX ....................................................................................... $7.51
054515 ESS BROS. & SONS, INC. ..................................................... $3,208.50
054516 FLAGSHIP RECREATION LLC.................................................. $400.00
054517 G. L. CONTRACTING ................................................................ $551.26
054518 HACH COMPANY ................................................................... $1,095.34
054519 HAWKINS INC. ....................................................................... $3,937.29
054520 HENN COUNTY ASSESSOR ............................................... $15,000.00
054521 KD & COMPANY RECYCLING INC ........................................... $615.47
054522 LORETTO VOL FIRE DEPT INC .......................................... $27,978.09
054523 MARTIN MARIETTA MATERIALS INC ................................... $5,535.28
054524 MATHESON TRI-GAS INC .......................................................... $93.16
054525 NUTRIEN AG SOLUTIONS, INC ............................................... $192.35
054526 ODP BUSINESS SOLUTION LLC .............................................. $146.27
054527 PREMIUM WATERS INC ............................................................. $11.74
054528 ROLF ERICKSON ENTERPRISES INC ................................ $12,671.03
054529 RUFFRIDGE JOHNSON EQUIP. CO. ........................................ $339.77
054530 SENSUS USA INC .................................................................. $1,949.94
054531 STANDARD INSURANCE COMPANY .................................... $1,127.70
054532 STREICHER'S ........................................................................... $893.89
054533 SUN LIFE FINANCIAL ............................................................... $681.85
054534 TEGRETE CORP .................................................................... $2,575.00
054535 TIMESAVER OFFSITE .............................................................. $196.75
054536 TRUEMAN WELTERS INC .......................................................... $94.14
054537 TWIN CITY MONUMENT LETTERING ...................................... $820.00
054538 SSI MN TRANCHE 1 #10322006 ............................................ $5,446.13
054539 SSI MN TRANCHE 3 #10327096 ............................................ $7,737.53
054540 WESTSIDE WHOLESALE TIRE ............................................. $1,427.96
Total Checks $189,799.84
ELECTRONIC PAYMENTS JUNE 20, 2023 – JULY 5, 2023
006890E PR PERA .............................................................................. $19,849.82
006891E PR FED/FICA ....................................................................... $19,666.11
006892E PR MN Deferred Comp ........................................................... $3,917.47
006893E PR STATE OF MINNESOTA .................................................. $4,369.14
006894E CITY OF MEDINA ........................................................................ $24.00
006895E FURTHER .............................................................................. $2,077.39
006896E ELAN FINANCIAL SERVICE ................................................ $10,193.20
006897E FURTHER ................................................................................. $797.67
006898E MINNESOTA, STATE OF ....................................................... $2,888.00
006899E VALVOLINE FLEET SERVICES ................................................ $147.96
006900E CENTERPOINT ENERGY ......................................................... $682.70
006901E DELTA DENTAL ..................................................................... $2,744.92
006902E FARMERS STATE BANK OF HAMEL ....................................... $150.00
006903E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95
006904E MARCO (LEASE) .................................................................... $2,136.05
006905E CITY OF PLYMOUTH ............................................................. $1,190.64
006906E WRIGHT HENN COOP ELEC ASSN ...................................... $2,492.12
Total Electronic Checks $73,506.14
PAYROLL DIRECT DEPOSIT JUNE 21, 2023
0512804 WIESE, TANNER L .................................................................... $574.91
0512805 ALTENDORF, JENNIFER L. ................................................... $1,171.01
0512806 BARNHART, ERIN A. ............................................................. $2,882.60
0512807 BOECKER, KEVIN D. ............................................................. $3,334.44
0512808 CONVERSE, KEITH A. ........................................................... $2,420.68
0512809 DEMARS, LISA ....................................................................... $1,614.87
0512810 DION, DEBRA A. .................................................................... $2,198.99
0512811 ENDE, JOSEPH...................................................................... $2,121.39
0512812 FINKE, DUSTIN D. ................................................................. $3,122.31
0512813 GLEASON, JOHN M. .............................................................. $2,360.43
0512814 GREGORY, THOMAS ............................................................ $2,083.14
0512815 HALL, DAVID M. ..................................................................... $2,425.66
0512816 HANSON, JUSTIN .................................................................. $2,638.55
0512817 JOHNSON, SCOTT T. ............................................................ $2,784.01
0512818 KLAERS, ANNE M. ................................................................. $1,750.79
0512819 LEUER, GREGORY J. ............................................................ $1,937.82
0512820 MCGILL, CHRISTOPHER R. .................................................. $1,809.80
0512821 MCKINLEY, JOSHUA D .......................................................... $2,485.34
0512822 MYHRE, JORDAN J ............................................................... $2,469.64
0512823 NELSON, JASON ................................................................... $3,044.17
0512824 RATKE, TREVOR J ................................................................ $1,977.96
0512825 REINKING, DEREK M ............................................................ $2,458.76
0512826 RUCKE, MARIA ...................................................................... $1,866.70
0512827 SCHEIBE, CONNIE L ............................................................. $1,599.50
0512828 SCHERER, STEVEN T. .......................................................... $2,730.27
0512829 VINCK, JOHN J ...................................................................... $2,130.60
0512830 VOGEL, NICHOLE .................................................................. $1,077.11
0512831 WALKER, CAITLYN M. ........................................................... $2,056.30
0512832 BURSCH, JEFFREY ............................................................... $1,506.35
Total Payroll Direct Deposit $62,634.10