HomeMy Public PortalAbout08.02.2023 City Council MinutesMedina City Council Meeting Minutes
August 2, 2023
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MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 2, 2023
The City Council of Medina, Minnesota met in regular session on August 2, 2023 at 7:00
p.m. in the City Hall Chambers. Mayor Martin presided.
I. ROLL CALL
Members present: Albers, Cavanaugh, Martin, and Reid.
Members absent: DesLauriers.
Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, City Attorney
Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City
Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police
Jason Nelson.
II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
III. ADDITIONS TO THE AGENDA (7:00 p.m.)
Johnson requested to add an item to the agenda, under New Business, Proposal for
Professional Engineering Services for Pickleball Noise Monitoring Study Through ESI
Engineering.
Moved by Cavanaugh, seconded by Albers, to approve the agenda as amended.
Motion passed unanimously.
IV. APPROVAL OF MINUTES (7:01 p.m.)
A. Approval of the July 18, 2023 Work Session City Council Meeting Minutes
Moved by Albers, seconded by Cavanaugh, to approve the July 18, 2023 work session
City Council meeting minutes as presented. Motion passed unanimously.
B. Approval of the July 18, 2023 Regular City Council Meeting Minutes
Martin noted that prior to the meeting Johnson distributed proposed changes to the
minutes for incorporation that she had suggested.
Moved by Martin, seconded by Cavanaugh, to approve the July 18, 2023 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA (7:02 p.m.)
A. Approve 2024 Rates with Kennedy & Graven
B. Adopt 712 Ordinance Prohibiting Cannabis and Hemp Use in Public Places
C. Adopt Resolution 2023-77 to Publish Ordinance 712 Prohibiting Cannabis
Use in Public Places by Title and Summary
D. Adopt Ordinance 713 Amending the Salaries of the Mayor and Members of
the City Council
E. Adopt Resolution 2023-78 to Publish Ordinance 713 Amending the Salaries
of the Mayor and Members of the City Council by Title and Summary
F. Adopt Ordinance 714 Amending the 2023 Fee Schedule
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G. Adopt Resolution 2023-79 to Publish Ordinance 714 Amending the 2023
Fee Schedule by Title and Summary
H. Adopt Resolution 2023-80 Granting Extension of Time to Effectuate BAPS
Minneapolis Medina LLC Site Plan Review Approval
I. Adopt Resolution 2023-81 Granting Extension of Time to Request Final Plat
Approval for Pioneer Trail Preserve
J. Approve Brush Grinding and Removal Service Agreement
K. Adopt Ordinance 715 Establishing a Planned Unit Development District for
“Preserve of Medina” and Amending the Official Zoning Map
L. Adopt Resolution 2023-82 Authorizing Publication of Ordinance 715
Establishing a Planned Unit Development District for “Preserve of Medina”
by Title and Summary
M. Resolution 2023-83 Granting Preliminary Plat and PUD General Plan
Approval for Preserve of Medina
N. Authorize WSB to Complete the Preliminary Analysis/Feasibility Report for
the Morningside Ravine Stabilization and Pond
O. Approve Hackamore Road Project Change Order No. 1
Martin noted that the increases to the compensation for the Mayor and City Council will
not become effective until after the next City election. She commented that the rates
had not changed since 2007 and therefore the Council believed that compensation
should be adjusted for the members of the future City Council.
Moved by Reid, seconded by Cavanaugh, to approve the consent agenda. Motion
passed unanimously.
VI. COMMENTS (7:05 p.m.)
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Park Commissioner Sharp reported that the Park Commission met on July 19th to hear a
presentation on a grant opportunity for park fitness equipment but decided that the cost-
share contribution from the City would be too costly. He stated that the Commission
heard information from the Cavanaughs related to a farmers market for Uptown Hamel
and the Commission was interested in the concept. He stated that the majority of the
meeting was spent discussing noise mitigation for pickleball, noting that staff provided
some examples of mitigation, but the Commission was hesitant to select a mitigation
effort as there was concern that could potentially make the issue worse. He stated that
the Commission recommends a professional noise study be completed and then the
Commission will discuss mitigation efforts after that data is available.
C. Planning Commission
Finke reported that the Planning Commission will meet the following week to hold a
public hearing to review the tree preservation ordinance regulations.
VII. OLD BUSINESS (7:09 p.m.)
A. Hamel Townhomes
Johnson stated that the applicant is requesting an extension of time to record the final
plat until February 28, 2024.
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1. Resolution 2023-84 Granting Extension of Time to Record Hamel
Townhomes Final Plat
Moved by Albers, seconded by Reid, to adopt Resolution 2023-84 Granting Extension of
Time to Record Hamel Townhomes Final Plat, Amending Resolution 2022-64. Motion
passed unanimously.
VIII. NEW BUSINESS
A. Cates Industrial Park – Easement Vacation – Public Hearing (7:10 p.m.)
Johnson stated that the applicant is requesting final plat approval, which is currently
under review by staff. Staff recommends that the Council hold the public hearing tonight
and postpone action until the final plat is considered.
Finke provided a summary of the request noting that there are drainage and utility
easements that exist from two previous plats. He stated that the final plat would
dedicate the necessary easements. He stated that staff does not recommend action on
the easement vacation until the time final plat is considered, noting that one of the
conditions would be that new easements are dedicated.
Martin opened the public hearing.
No comments.
Martin closed the public hearing.
B. Nuisance Abatement 1285 Willow Drive (7:12 p.m.)
Johnson stated that staff has received complaints about this property because of its tall
grass and weeds. The City is able to abate a nuisance if the property owner does not
mow within a specified period of time. He stated that if that does not occur, the City
would hire a contractor to complete the mowing. He stated that the property owner is
aware of this issue but there has not been any communication from the property owner.
Martin announced the opportunity for anyone representing the property owner to speak.
No such person came forward.
Johnson stated that the City would hire a contractor to mow the property and that cost
would be assessed to the property.
Finke stated that the property owner stated that they were going to try to mow but has
not yet. He stated that they would allow the additional time of the weekend before
moving forward with abatement.
Cavanaugh suggested changing the date to August 9th to allow a few additional days.
Albers asked if the property owner is elderly.
Johnson believed that to be true.
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Albers commented that he would be surprised that someone in the neighborhood was
not assisting.
Finke commented that he would not want to speak on the behalf of the property owner
but believed that had been occurring in the past but there had been disputes.
Albers commented that it appears there is a hole in the corner of the roof of the home
and asked if the City needs to look at that as well.
Finke noted that staff is monitoring that as well.
Moved by Cavanaugh, seconded by Reid, to determine that the current condition of
grass and weeds in excess of eight inches in height at 1285 Willow Drive constitutes a
nuisance pursuant to City Code Section 330, and that if the nuisance is not abated by
August 9, 2023, City staff or contractors shall abate the nuisance and invoice the costs
to the owner of the property. Motion passed unanimously.
C. Proposal for Professional Engineering Services for Pickleball Noise
Monitoring Study Through ESI Engineering (7:17 p.m.)
Johnson stated that at the last meeting staff was directed to find a local engineer that
completes noise studies. He stated that WSB recommended ESI and staff met with the
firm who put together a proposal for the Council to consider. He provided input on a
question from Resident Cathy Carr related to impulsive noise levels, noting that could be
monitored but the MPCA does not have such regulation according to ESI.
Martin acknowledged that the Council did receive the comments from two residents and
the consultant took the time to respond to the inquiries. She commented that she does
know ESI to be a reputable firm.
Stremel commented that WSB has worked with ESI in the past, as have other
municipalities for similar noise studies.
Cavanaugh asked if the Council would want the input of the Parks Commission,
acknowledging that would delay the process by a few weeks.
Martin commented that she is confident with this recommendation and would be hesitant
to delay action as they are attempting to determine if the noise from the pickleball courts
is excessive.
Park Commissioner Sharp confirmed that the Council should proceed with the study at
this time and that action should not be delayed.
Cavanaugh commented that he has stopped at the courts at each opportunity that he
has had and does not think that this study will show noise levels exceeding the
recommended levels.
Martin commented that may be the result, but this will provide the necessary data to
determine if the noise is exceeding the allowed levels.
Cavanaugh commented that the cost of the study is $7,000 and perhaps that would be
better used towards mitigation.
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Martin commented that they do not know if the mitigation will really mitigate the noise.
Sharp commented that the Park Commission did not want to move forward with
mitigation until there are sound facts and data. He stated that numbers can be thrown
around about distances and wind but that may not be applicable to this situation. He
noted that he was previously on the Park Commission in Maple Grove and reached out
to that community about their experience with pickleball. He stated that Maple Grove
roughly has 64 pickleball courts throughout their parks, noting that 18 courts in one
location were recently approved. He stated that community has experience with the
pickleball courts for almost ten years and their number one issue is that they do not have
enough courts. He commented that City has not received any complaints about noise.
He stated that Maple Grove plans to install some landscaping berming in the location
where 18 courts are proposed, but are not using any other mitigation efforts at this time.
He noted that the closest courts in that community are 150 feet from residential
properties. He stated that Maple Grove has never completed a sound study as they
have not received any noise complaints. He commented that the Commission is trying
to be good stewards of funds and does not want to recommend abatement without the
correct data.
Albers stated that he supports completing the study to have the necessary data to make
decisions. He asked if there are any changes to the proposal that should be considered
given the information received in the last few days from residents.
Scherer provided details on the locations proposed for monitoring.
Finke commented on the different considerations of the number of locations that should
be used and length of time. He stated that leeway could be given to the strategy for
collection of the data if desired, working within the same budget.
Albers commented that he would like to provide that flexibility.
Moved by Albers, seconded by Reid, to approve the execution of the proposal for
professional engineering services for pickleball noise monitoring study through ESI
Engineering, subject to the caveat that changes to data collection could be made by staff
if that is determined to be more effective/efficient so long as there is not significant
additional cost. Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT (7:30 p.m.)
Johnson commented on updates currently underway for the Council Chambers.
X. MAYOR & CITY COUNCIL REPORTS (7:31 p.m.)
Albers thanked Sergeant Hall for taking him around to the events for Night to Unite,
noting that he enjoyed his time with the members of the community.
Martin commented that she also had a great time with Chief Nelson and enjoyed her
conversations with residents.
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XI. APPROVAL TO PAY THE BILLS (7:33 p.m.)
Moved by Martin, seconded by Reid, to approve the bills, EFT 006922E-006939E for
$66,945.71, order check numbers 054599-054648 for $472,226.61, and payroll EFT
0512868-0512897 for $66,469.50. Motion passed unanimously.
XII. CLOSED SESSION: CONSIDERATION OF LAND ACQUISITION AT PID 11-
118-23-21-0005 PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(c)
Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 7:33
p.m. to consider land acquisition at PID 11-118-23-21-0005 pursuant to Minn. Stat.
13D.05, subd. 3(c)(3). Motion passed unanimously.
The meeting returned to open session at 7:39 p.m.
XIII. ADJOURN
Moved by Cavanaugh, seconded by Reid, to adjourn the meeting at 7:39 p.m. Motion
passed unanimously.
__________________________________
Kathleen Martin, Mayor
Attest:
____________________________________
Caitlyn Walker, City Clerk