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01.03.2017 City Council Meeting Packet - minus comp plan
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, January 3, 2017 7:00 P.M. Medina City Hall 2052 County Road 24 CALL TO ORDER PLEDGE OF ALLEGIANCE & CEREMONIAL MATTERS A. Oath of Office for Mayor Bob Mitchell B. Oath of Office for Councilmember Jeff Pederson C. Oath of Office for Councilmember John Anderson Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the December 20, 2016 Special Council Meeting B. Minutes of the December 20, 2016 Regular Council Meeting V. CONSENT AGENDA A. Resolution Approving Residential Recycling Grant Agreement with Hennepin County B. Resolution Accepting Donation from Hamel Volunteer Fire Department Relief Association C. Approve Final Payment to Municipal Builders for Wellhouse No. 3 Addition D. Approve Final Change Order for Medina City Hall Lower Level Improvements Project VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Resolution Establishing 2017 Appointments and Designations to Various City Services, Authorities, Commissions and Agencies B. 2020-2040 Comprehensive Plan Update VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN Posted 12/29/2016 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: December 29, 2016 DATE OF MEETING: January 3, 2017 SUBJECT: City Council Meeting Report II. CEREMONIAL MATTERS I will be conducting the Oath of Office for the Mayor and new Council members at the meeting. V. CONSENT A. Resolution Approving Residential Recycling Grant Agreement with Hennepin County — Staff recommends approval of the resolution and grant agreement to allow the City of Medina to continue to be able to receive grant funds from Hennepin County for recycling and organics activities. See attached resolution and agreement. B. Resolution Accepting Donation from Hamel Volunteer Fire Department Relief Association - Staff recommends approval of the resolution accepting the donation from the Hamel Volunteer Fire Department Relief Association and authorizing the distribution of funds to the Hamel Fire Department for equipment funding. See attached resolution. C. Approve Final Payment to Municipal Builders for Wellhouse No. 3 Addition — Municipal Builders has completed the punch list and submitted all of the required close-out documents in accordance with the contract documents. Staff recommends approval of the final pay request in the amount of $31,563.10. See attached pay request. D. Approve Final Change Order for Medina City Hall Lower Level Improvements Project — Staff received the final change order for the lower level project at City Hall. There was an additional expense of $5,096.03 for floor saw cutting, trenching, and fill for the new restroom sewer pipe and rerouting duct work for the new furnace in the conference room/replacing damaged drywall. The total project cost is $245,096.03. The original project bid was $240,000. Staff recommends approval. See attached change order. VII. NEW BUSINESS A. Resolution Establishing 2017 Appointments and Designations to Various City Services, Authorities, Commissions and Agencies — Staff is seeking Council discussion of the attached annual appointments list. Mayor Bob Mitchell has reviewed this document and made the City Council liaison recommendations. The Planning Commission had two openings and received two applicants. The Park Commission had two openings and received two applicants, but one was a minor. Councilmember Cousineau and Park Commission Chair Lee will be meeting to discuss drafting a policy for youth members. In the meantime, one seat will remain vacant on the Park Commission. Staff recommends the appointments on the attached list. See attached resolution. Recommended Motion: Approve resolution establishing 2017 appointments and designations to various city services, authorities, commissions and agencies B. 202-2040 Comprehensive Plan Update — Staff had originally intended to present the Comprehensive Plan at the January 17 Council meeting and announced this intent at the December 13 Public Hearing. As a result, staff recommends that the Council wait to finalize discussion until January 17. In the meantime, the City Council can review the Plan and direct staff to make any changes. After completing its review, the Council can direct staff to route the Plan to affected jurisdictions for their review and comment. The Metropolitan Council requires the City to allow six months for the affected jurisdictions to comment. Staff will collect all comments and present to the City Council this summer for consideration. Only after the jurisdictional review is complete will the City Council be able to approve of the Plan. See attached memo and comp plan documents. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003958E-003976E for $50,369.81, order check numbers 045312-045368 for $182,310.03, and payroll EFT 507627-507652 for $47, 399.77. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 2 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 20, 2016 4 5 The City Council of Medina, Minnesota met in regular session on December 20, 2016 at 6 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief 16 of Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:01 p.m.) 24 25 A. Approval of the December 6, 2016 Regular City Council Meeting Minutes 26 Johnson noted that Martin provided changes to staff and a redlined copy of the revisions 27 was provided at the dais. 28 29 Martin stated that her redline corrections relate primarily to the AutoMotorPlex 30 Resolutions. 31 32 Mitchell stated that it is a great idea for changes to be presented in that manner. 33 34 Martin's commented noted on page two, line 49, it should state, "...Medina an even 35 better place to live special." On page six, line 38, it should state, "...legal representation 36 counsel..." On page six, line 50, it should state, "...ordinance in order..." On page 37 seven, line 24, it should state, "...statement,_that the Steering Committee worked so 38 hard to create, that the City wif4 create..." On page eight, line one, it should state, "...to_ 39 40 " 41 to move that section into the Development Agreement and replaced with a directional 42 statement; look at various times and datcs to cnsurc thosc rcfcrcncc thc datcs thc plans 43 were presented to thc Council; amcnd scction 782, to contain thc dcsircd languagc 44 regarding the use of wood and windows; draft the Resolution Authorizing Publication of 45 ; 46 47 Review Approval for AutoMotorPlcx of Mcdina, cnsuring that thc corrcct datcs arc 48 49 50 garage doors. 51 Medina City Council Meeting Minutes 1 December 20, 2016 (a) prepare the draft Ordinance Establishing a Planned Unit Development District for 2 "AutoMotorPlex of Medina" and Amending the Official Zoning Map, removing 3 section 58 therefrom and moving that section into the Development Agreement 4 and replacing Section 58 therein with a directional statement to the Development 5 Agreement, correcting as necessary the various plan dates therein to ensure that 6 the plans referenced were those presented to the Council, and amending section 7 782 therein to state that garage doors shall be decorative in nature, including 8 shall be wooden appearance and ' shall include windows and 9 other architectural elements consistent with the architectural renderings 1 o presented to the Council; 11 12 (b) prepare the draft the Resolution Authorizing Publication of the Ordinance by Title 13 and Summary consistent with that presented to the Council; 14 15 (c) prepared the draft the Resolution Granting Preliminary and Final Plat Approval 16 for Loram First Addition consistent with that presented to the Council; and 17 18 (d) draft the Resolution Granting Site Plan Review Approval for AutoMotorPlex of 19 Medina, ensuring that the correct plan dates are referenced in Condition Two, 20 providing additional clarification on the condition regarding the on -site caretaker's 21 unit to require that the City's public safety staff is notified of such dwelling and 22 amending the language regarding the wood and window garage doors as will be 23 done in the draft Ordinance establishing the PUD. " 24 25 It was noted on page four, line 22, it should state, "...the amended language states that 26 eight the special events would be allowed per year, limited to once per month..." On 27 page four, line four, it should state, "...proposed conditions the ordinance and 28 resolutions..." On page seven, line 13, it should state, "...request for a special events 29 permit, and if so would there be a liability to the City." 30 31 Moved by Martin, seconded by Anderson, to approve the December 6, 2016 regular City 32 Council meeting minutes as amended. Motion passed unanimously. 33 34 V. CONSENT AGENDA (7:05 p.m.) 35 36 A. ppreve-6e4terfor Ham Volunte er�Fire Depenruck Financing 37 B. Approve Labor Agreement between Law Enforcement Labor Services, Inc. 38 (LOCAL #36) and the City of Medina 39 C. Resolution No. 2016-100 Denying Variance Request of Ellis and Nancy 40 Olkon at 2362 Willow Drive 41 D. Ordinance No. 605 Establishing a Planned Unit Development District for 42 "AutoMotorPlex of Medina" and Amending the Official Zoning Map 43 E. Resolution No. 2016-101 Authorizing Publication of the Ordinance 44 Establishing a Planned Unit Development District for "AutoMotorPlex of 45 Medina" and Amending the Official Zoning Map by Title and Summary 46 F. Resolution No. 2016-102 Granting Preliminary and Final Plat Approval for 47 Loram First Addition 48 G. Resolution No. 2016-103 Granting Site Plan Review Approval for 49 AutoMotorPlex of Medina 50 H. Approve Planned Unit Development Agreement by and Between the City of 51 Medina and Medina MP, LLC Medina City Council Meeting Minutes 2 December 20, 2016 1 I. Resolution No. 2016-104 Approving Plans and Specifications and Ordering 2 the Advertisement for Bids for the 2017 Water Tower Rehabilitation Project 3 Johnson requested to pull Item A, Approve Letter for Hamel Volunteer Fire Department 4 Truck Financing, from the Consent Agenda. 5 6 Moved by Pederson, seconded by Anderson, to approve the consent agenda as 7 amended. Motion passed unanimously. 8 9 A. Approve Letter for Hamel Volunteer Fire Department Truck Financing 10 Johnson stated that he asked Batty to review the approval and written agreement and 11 Batty has proposed some changes. 12 13 Batty stated that he had the bond counsel for the City review the agreement and she felt 14 that the suggested phrasing could be improved and therefore suggested some proposed 15 language. He explained that the Fire Department is using this tool to obtain tax exempt 16 financing, which is fine, but one requirement is that there is a written contract with the 17 Fire Department and at least one City. He stated that the agreement as amended 18 acknowledges the contract that is in place but that is it. He noted that the bond counsel 19 did attempt to reach the financing party for the Fire Department but did not receive a 20 response. He suggested that the Council approve the amended language as proposed 21 by the bond counsel and if the finance company for the Fire Department has a problem 22 with the changed language the Council can consider that in January. 23 24 Moved by Martin, seconded by Pederson, to approve the acknowledgement for financing 25 and written agreement regarding the Hamel Volunteer Fire Department truck financing 26 as proposed by legal counsel. Motion passed unanimously. 27 28 VI. PRESENTATIONS 29 30 A. Senator David Osmek 31 Johnson noted that Senator David Osmek was unable to attend and will be present at 32 the January 17th meeting. 33 34 VII. COMMENTS (7:12 p.m.) 35 36 A. Comments from Citizens on Items not on the Agenda 37 There were none. 38 39 B. Park Commission 40 Scherer reported that the Park Commission canceled their December meeting. He 41 reported that there is a lot of action at Hamel Legion park between the sledding hill and 42 skating rink. 43 44 C. Planning Commission 45 Finke reported that the Planning Commission met earlier this month to hold the formal 46 public hearing on the Comprehensive Plan update, at which three people spoke. He 47 stated that the Planning Commission also had a thorough discussion to recommend 48 some changes to language and recommended unanimous approval to the City Council. 49 He stated that the intent would be to present the plan to the City Council at the January 50 meetings. He reported that the Planning Commission also met the previous night to hold 51 a public hearing on the land use applications for Woodridge Church in regard to their lot Medina City Council Meeting Minutes 3 December 20, 2016 1 combination and building expansion, noting that the Commission recommended 2 unanimous approval of those requests as well. He stated that the Council will consider 3 those requests at their second meeting in January. 4 5 Mitchell referenced the legal agreement between the City and Woodridge Church and 6 asked when that agreement was dated. 7 8 Batty replied that the agreement was reached in 2013 and that settlement established a 9 maximum square footage and number of parking spaces. He stated that from what he 10 has seen, the proposal is within what is allowed under the 2013 agreement. 11 12 VIII. NEW BUSINESS 13 14 A. Ordinance No. 606 Establishing the AutoMotorPlex of Medina Storm Sewer 15 Improvement Tax District — Public Hearing (7:16 p.m.) 16 Johnson noted that this is a housekeeping item, noting that the intent is to ensure that 17 the storm sewer elements are maintained. He explained that if the improvements are 18 not maintained the City would be able to use this taxing authority to fund the necessary 19 improvements. 20 21 Batty stated that this has been done repeatedly, but mostly in a residential development. 22 He noted that it would make sense to follow the same process in this instance as 23 eventually the individual units will have separate ownership. He stated that in the 20 24 years the City has been using this tool, they have yet to have the need to use the tool. 25 26 Mitchell opened the public hearing at 7:19 p.m. 27 28 No comments made. 29 30 Moved by Anderson, seconded by Cousineau, to close the public hearing at 7:20 p.m. 31 Motion passed unanimously. 32 33 Moved by Martin, seconded by Anderson, to adopt Ordinance No. 606 Establishing the 34 AutoMotorPlex of Medina Storm Sewer Improvement Taxing District. Motion passed 35 unanimously. 36 37 1. Resolution No. 2016-105 Authorizing Publication of Ordinance No. 606 38 by Title and Summary 39 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2016-105 Authorizing 40 Publication of Ordinance No. 606 by Title and Summary. Motion passed unanimously. 41 42 IX. OLD BUSINESS 43 44 A. Capital Knoll — Final Plat — 1575 Hamel Road (7:21 p.m.) 45 Finke stated that this is a proposed three lot subdivision. He noted that the preliminary 46 approval was provided by the Council two years ago, and the applicant has now applied 47 for final plat. He reviewed the intent of the final plat, to review the consistency between 48 the preliminary and final plats and ensure the conditions have been met. He stated that 49 the final plat is identical to the preliminary plat. He noted that some conditions will be 50 continued and advised that the applicant has requested an extension to allow one year 51 to record the final plat. He stated that staff supports that request. Medina City Council Meeting Minutes 4 December 20, 2016 1 2 Mitchell asked if there was an issue regarding access with the preliminary plat. 3 4 Finke stated that was discussed because a property has access from both streets. He 5 provided additional details on the shared access point for two of the lots to Hamel Road. 6 7 Cousineau asked if an animal structure is going to be built and whether a variance would 8 be needed. 9 10 Finke provided information on the setbacks that are required for an animal structure 11 compared to the available lot sizes. He stated that the condition was simply placed in 12 the agreement stating that the applicant acknowledges that they are requesting the lot 13 split and know of the requirements for an animal structure and therefore cannot claim 14 practical difficulty in a variance request in the future. 15 16 1. Resolution No. 2016-106 Granting Final Plat Approval for Capital Knoll 17 Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2016-106 18 Granting Final Plat Approval for Capital Knoll, changing Condition Seven to change the 19 allowed timeframe to be extended to 365 days. Motion passed unanimously. 20 21 2. Upland Buffer Easement Agreement 22 Moved by Martin, seconded by Pederson, to approve the Upland Buffer Easement 23 Agreement. Motion passed unanimously. 24 25 B. Resolution No. 2016-107 Granting Extension of Time to Submit Final Plat 26 for Woods of Medina Amending Resolution No. 2014-04 (7:27 p.m.) 27 Pederson recused himself from the discussion. 28 29 Johnson noted that a six-month extension was requested by the developer. 30 31 Moved by Cousineau, seconded by Anderson, to adopt Resolution No. 2016-107 32 Granting Extension of Time to Submit Final Plat for Woods of Medina Amending 33 Resolution No. 2014-04. Motion passed 4-0 (Pederson recused). 34 35 Pederson rejoined the Council. 36 37 X. CITY ADMINISTRATOR REPORT (7:28 p.m.) 38 39 A. Upcoming Meeting 40 Johnson stated that staff has been in contact with Hennepin County and MnDOT in 41 attempt to setup a public meeting regarding County Roads 116, 19, and 101 and their 42 speed and traffic issues. He stated that a meeting has been set for January 25th at 6:30 43 p.m. at City Hall. 44 45 B. Police Radio Update 46 Johnson stated that Belland attended a meeting at Hennepin County today where police 47 radios were discussed. He noted that there may be a good opportunity to upgrade the 48 radios in 2017, earlier than the scheduled CIP date of 2019. 49 50 Belland stated that it was late notice for the meeting but Motorola provided a 51 presentation where they offered to lower the price of the radios by approximately $900 Medina City Council Meeting Minutes 5 December 20, 2016 1 per radio. He noted that Hennepin County has about 8,000 radios on their system. He 2 stated that the end of life for the Medina police radios is fast approaching. He stated that 3 the replacement for the equipment is slated for 2019 in the CIP and noted that the total 4 amount for the replacement would be $93,000. He stated that previously the department 5 leased the equipment through Hennepin County but then the City decided to save funds 6 and purchase the equipment outright. He stated that the department would have the 7 ability to once again lease the equipment from Hennepin County, at a rate of $15,000 8 per year for seven years, which would then be included in the Hennepin County package 9 of services. He reported that there is $146,000 available in the DWI fund and therefore 10 the City could choose to purchase the equipment outright. He stated that the lease 11 option would include the newest model radios with the ability to remotely download 12 software. 13 14 Anderson asked if the equipment would come with training. 15 16 Belland stated that training would be included and the radios would also include 17 encryption. He stated that it sounds as if Hennepin County is going to move forward on 18 this in 2017 and if the other agencies use the encrypted lines, Medina police would not 19 be able to access those encrypted lines. 20 21 Scherer stated that he would accept some of the old radios for use in public works. 22 23 Cousineau asked when the decision would need to be made. 24 25 Belland stated that he received a rough quote and would have until the end of the year 26 to make a decision. 27 28 Cousineau asked if the company would be offering the deal annually. 29 30 Belland stated that this is the first time that he has heard of a deal of this nature. He 31 stated that the company has stated that as long as the department is working with the 32 company it will be allowed to continue to the first Council meeting in January. He noted 33 that the funds used for the purchase or lease would be through the DWI fund and 34 therefore would not be taxpayer money. He stated that the lifespan of the radios would 35 be 20 years and after seven years of the lease the equipment would be paid in full. 36 37 Pederson suggested that the item be run by Finance Director Barnhart to determine if 38 the better option would be to purchase or lease the equipment. He stated that his fear is 39 that Hennepin County would change their equipment again during the course of the 40 lease and therefore perhaps leasing would be better. 41 42 Belland stated that Hennepin County has a large number of radios and therefore this is a 43 big expense for them and there would be no incentive to switching equipment. 44 45 Xl. MAYOR & CITY COUNCIL REPORTS (7:39 p.m.) 46 Martin stated that she and Anderson attended the Public Hearing of the Planning 47 Commission for the review of the Comprehensive Plan and the changes suggested were 48 minimal and therefore the plan will come before the Council in relatively the same 49 manner it was presented from the Steering Committee. She stated that she also 50 attended the opening of the Medina Townhomes, which was a lovely event. She stated Medina City Council Meeting Minutes 6 December 20, 2016 1 that a lot of credit was given to the City for its commitment to the project. She stated that 2 Dominium did a great job of thanking all the partners in the project. 3 4 XII. APPROVAL TO PAY THE BILLS (7:41 p.m.) 5 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003938E- 6 003957E for $58,262.27, order check numbers 045240-045311 for $256,921.07, and 7 payroll EFT 507595-507626 for $47,124.92. Motion passed unanimously. 8 9 XIII. ADJOURN 10 Moved by Anderson, seconded by Pederson, to adjourn the meeting at 7:42 p.m. 11 Motion passed unanimously. 12 13 14 15 Bob Mitchell, Mayor 16 Attest: 17 18 19 Scott Johnson, City Administrator Medina City Council Meeting Minutes 7 December 20, 2016 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF DECEMBER 20, 2016 The City Council of Medina, Minnesota met in special session on December 20, 2016 at 6:00 p.m. at the Medina City Ha11, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Anderson, Cousineau, Martin, Mitchell and Pederson Members absent: Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer Jim Stremel, Public Works Director Steve Scherer, Public Safety Director Ed Belland, and City Planner Dusty Finke II. Water Tower Rehabilitation Project Public Works Director Steve Scherer provided information on the water tower rehabilitation project with City Engineering firm WSB. Scherer also provided back ground information on the color options, logo options, technical issues that may occur when the tower is down and timing on the project. The City Council directed Staff to paint the tower light blue (current color) and do not include the name or logo. The project will be scheduled for the fall of 2017 and is estimated to cost $400,000. III. Conservation Design — PUD Discussion City Planner Dusty Finke provided the City Council with background information and preservation goals for the ordinance. The City Council discussed the Metropolitan Council's lot requirements, protecting ecologically significant areas, Council discretion under the current ordinance, bonus density concerns, minimum lot sizes, preserving buildable areas, public access to preserved areas and view sheds, the quality of the resources protected, and encouraging innovative home design. Staff was directed to cross reference the objectives of the ordinance and make adjustments to the ordinance language. Adjournment Mitchell closed the meeting at 6:58 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 December 20, 2016 Agenda Item # 2A Oath of Office of City Officer State of Minnesota, ) County of Hennepin ) ss. City of Medina ..) I, Bob Mitchell, do solemnly swear that I will support the Constitution of the United States and of the State of Minnesota, and discharge faithfully the duties of the office of Mayor of the City of Medina in the County of Hennepin and State of Minnesota, to the best of my judgment and ability. So help me God. Subscribed and sworn to before me this 3rd day of January, 2017. Bob Mitchell, Mayor Scott T. Johnson, City Administrator Agenda Item # 2B Oath of Office of City Officer State of Minnesota, ) County of Hennepin ) ss. City of Medina ..) I, Jeff Pederson, do solemnly swear that I will support the Constitution of the United States and of the State of Minnesota, and discharge faithfully the duties of the office of City Council of the City of Medina in the County of Hennepin and State of Minnesota, to the best of my judgment and ability. So help me God. Subscribed and sworn to before me this 3rd day of January, 2017. Jeff Pederson, City Council Member Scott T. Johnson, City Administrator Agenda Item # 2C Oath of Office of City Officer State of Minnesota, ) County of Hennepin ) ss. City of Medina ..) I, John Anderson, do solemnly swear that I will support the Constitution of the United States and of the State of Minnesota, and discharge faithfully the duties of the office of City Council of the City of Medina in the County of Hennepin and State of Minnesota, to the best of my judgment and ability. So help me God. Subscribed and sworn to before me this 3rd day of January, 2017. John Anderson, City Council Member Scott T. Johnson, City Administrator Agenda Item # 5A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017- RESOLUTION APPROVING RESIDENTIAL RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statute 115A.552, counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each City implement and maintain a recycling program to enable the County to meet its recycling goals; and WHEREAS, the City of Medina offers a coordinated recycling program for their residents, WHEREAS, the City of Medina wished to receive funds available through Hennepin County for recycling activities. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Medina to approve the residential recycling grant agreement between Hennepin County and the City of Medina. BE IT FURTHER RESOLVED, that the City Council of the City of Medina authorizes the Mayor and City Administrator to execute such residential recycling grant agreement with Hennepin County. Dated: January 3, 2017. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, 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. Resolution No. 2017- January 3, 2017 Contract No: A166409 RESIDENTIAL RECYCLING GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF MEDINA, 2052 County Road 24, Hamel, Minnesota 55340 ("CITY"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence upon execution and expire on December 31, 2020, unless cancelled or terminated earlier in accordance with the provisions herein. Annual grant payments shall be calculated as set forth in Section 3. 2. SERVICES TO BE PROVIDED The CITY shall apply for annual grant funds and operate its Recycling Program as more fully described in Attachment A, the Residential Recycling Funding Policy. 3. ALLOCATION OF FUNDS The COUNTY will distribute to Hennepin County municipalities 100% of SCORE funds that the COUNTY receives from the state. SCORE funds will be dedicated to two different purposes: 1) curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management (SWM) tax on garbage services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the COUNTY in the state's corresponding fiscal year. Recycling The following formula will be utilized to determine a CITY'S recycling SCORE grant each year. Percent of SCORE funds allocated to curbside recycling: 2017 80% 2018 70% 2019 60% 2020 50% 1 CITY recycling grant calculation: Number of households with curbside recycling in city Total number of households with curbside recycling in county Total SCORE Recycling grant x funds available = amount available for recycling to the city Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out its own recycling container for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The CITY will report the number in its application for funding. The COUNTY will make two equal payments to the CITY. One payment will be made after the COUNTY receives the application, which consists of the web -based report and the planning document. A second payment will be made after basic program requirements, education and outreach requirements, and recycling performance have been confirmed and approved. If the CITY meets the COUNTY requirements, both payments will be made during the same calendar year. Funding will be withheld until the CITY meets the requirements of the Residential Recycling Funding Policy. Organics The following formula will be utilized to determine a CITY'S organics recycling SCORE grant each year. Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% CITY organics recycling grant calculation: Number of households with curbside organics in city Total number of households with curbside organics in county Total SCORE Organics grant x funds available = amount available for organics to the city 2 If the formula above results in the CITY receiving a grant where the dollar amount per participating household is greater than $25 per year, then a cap will apply. The funding cap per participating household is $25 per year. The most the COUNTY will grant a CITY is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into the following year's SCORE funds. Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where the household is signed up for organics service and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the number of eligible households on September 1 of each funding year. The CITY will report the number in the application for funding. The COUNTY will make one organics grant payment to the CITY each year. The payment will be made after the COUNTY receives the application and confirms that the CITY meets the requirements of the Residential Recycling Funding Policy. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CITY CITY shall select the means, method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of COUNTY for any purpose. CITY is and shall remain an independent contractor for all services performed under this Agreement. CITY shall secure at its own expense all personnel required in performing services under this Agreement. CITY's personnel and/or subcontractors engaged to perform any work or services required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law or Minnesota Statutes, chapter 176 (which may be referred to as the "Workers' Compensation Act"), on behalf of any personnel, including, without limitation, claims of discrimination against CITY, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 3 6. INDEMNIFICATION CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of CITY personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of the provisions set forth herein. 7. INSURANCE A. With respect to the services provided pursuant to this Agreement, CITY shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following minimum insurance coverages or CITY's actual insurance limits for primary coverage and excess liability or umbrella policy limits, whichever is greater: Limits 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products —Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence —Combined Bodily Injury and Property Damage 1,500,000 Workers' Compensation and Employer's Liability: Workers' Compensation Statutory Employer's Liability. Bodily injury by: Accident —Each Accident 500,000 Disease —Policy Limit 500,000 Disease —Each Employee 500,000 4 3. Professional Liability —Per Claim 1,500,000 Aggregate 2,000,000 The professional liability insurance must be maintained continuously for a period of two years after the expiration, cancellation or termination of this Agreement. B. An umbrella or excess policy is an acceptable method to provide the required commercial general insurance coverage. The above establishes minimum insurance requirements. It is the sole responsibility of CITY to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, CITY shall promptly submit copies of insurance policies to COUNTY. CITY shall not commence work until it has obtained required insurance and filed with COUNTY a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Hennepin County as the certificate holder, and as an additional insured for the commercial general liability coverage required herein. A self -insured retention (SIR) applicable to the commercial liability coverage is not acceptable, unless expressly agreed to in writing by COUNTY. If the certificate form contains a certificate holder notification provision, the certificate shall state that the insurer will endeavor to mail to COUNTY thirty (30) day prior written notice in the event of cancellation/termination of any described policies. If CITY receives notice of cancellation/termination from an insurer, CITY shall fax or email a copy of the notice to COUNTY within two business days. CITY shall furnish to COUNTY updated certificates during the term of this Agreement as insurance policies expire. If CITY fails to furnish proof of insurance coverages, COUNTY may withhold payments and/or pursue any other right or remedy allowed under contract, law, equity, and/or statute. CITY waives all rights against COUNTY, its officials, officers, agents, volunteers, and employees for recovery of damages to the extent that damages are covered by insurance of CITY. 8. DUTY TO NOTIFY CITY shall promptly notify COUNTY of any claim, action, cause of action or litigation brought against CITY, its employees, officers, agents or subcontractors, which arises out of the services described in this Agreement. CITY shall also notify COUNTY whenever CITY has a reasonable basis for believing that CITY and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a claim, action, cause of action, administrative action, 5 criminal arrest, criminal charge or litigation arising out of and/or related to the services described in this Agreement. 9. DATA CITY, its officers, agents, owners, partners, employees, volunteers and subCITYs shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For clarification and not limitation, COUNTY hereby notifies CITY that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CITY shall promptly notify COUNTY if CITY becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data or privacy laws. Classification of data as trade secret data will be determined pursuant to applicable law and, accordingly, merely labeling data as '`trade secret'' does not necessarily make the data protected as such under any applicable law. 10. RECORDS — AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CITY binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by CITY, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve CITY of 6 its liabilities and obligations under the Agreement. Further, CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with this Agreement. CITY shall make contracts between CITY and subcontractors available upon request. For clarification and not limitation of Section 15E, none of the following constitutes assent by COUNTY to a contract between CITY and a subcontractor, or a waiver or release by COUNTY of CITY's full compliance with the requirements of this Section: (1) COUNTY's request or lack of request for contracts between CITY and subcontractors; (2) COUNTY's review, extent of review or lack of review of any such contracts; or (3) COUNTY's statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from COUNTY for undisputed services provided by the subcontractor, and CONTRACTOR shall comply with all other provisions of that statute. 12. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND CANCELLATION/TERMINATION A. If CITY fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it 7 shall be in default. Unless CITY's default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until CITY's compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to CITY. B. For purposes of this subsection, "Data" means any data or information, and any copies thereof, created by CITY or acquired by CONTACTOR from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. Upon expiration, cancellation or termination of this Agreement: 1. At the discretion of COUNTY and as specified in writing by the Contract Administrator, CITY shall deliver to the Contract Administrator all Data so specified by COUNTY. 2. COUNTY shall have full ownership and control of all such Data. If COUNTY permits CITY to retain copies of the Data, CITY shall not, without the prior written consent of COUNTY or unless required by law, use any of the Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY's ownership and/or control of such Data. 3. Except to the extent required by law or as agreed to by COUNTY, CITY shall not retain any Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. C. Notwithstanding any provision of this Agreement to the contrary, CITY shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by CITY. Upon notice to CITY of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to CITY for the purpose of set-off until such time as the exact amount of damages due COUNTY from CITY is determined. Following notice from COUNTY of the claimed breach and damage, CITY and COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. 8 E. COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled/terminated with or without cause by either party upon thirty (30) day written notice. G. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, CITY shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then -delivered and accepted deliverables/milestones pursuant to this Agreement. In the event CITY has performed work toward a deliverable that COUNTY has not accepted at the time of expiration, cancellation or termination, CITY shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. H. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any services that are provided or costs or expenses or obligations incurred or encumbered after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for services not then performed, costs, expenses or profits on work done. CITY has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such 9 provisions include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CITY; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 15. CONTRACT ADMINISTRATION In order to coordinate the services of CITY with the activities of the Environment and Energy Department so as to accomplish the purposes of this Agreement, Ben Knudson, Waste Reduction and Recycling Specialist, or his successor, shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and CITY. 16. COMPLIANCE AND NON -DEBARMENT CERTIFICATION A. CITY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. CITY shall comply with all applicable conditions of the COUNTY grant. 17. PAPER RECYCLING COUNTY encourages CITY to develop and implement an office paper and newsprint recycling program. 18. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in CITY's Form W-9 provided to COUNTY. 19. CONFLICT OF INTEREST CITY affirms that to the best of CITY's knowledge, CITY's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to CITY, CITY shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether CITY will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY's discretion, be cause for cancellation or termination of this Agreement. 10 20. MEDIA OUTREACH CITY shall notify COUNTY, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term "Outreach" shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, CITY (i) that reference or otherwise use the term "Hennepin County," or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the services performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 21. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. 22. COOPERATIVE PURCHASING At the time of this Agreement: (1) Hennepin County is a signature party to the Joint Powers Purchasing Agreement (Agreement No. A131396) (the "JPA"); (2) the Minnesota Counties of Anoka, Carver, Dakota, Olmsted, Ramsey, Scott and Washington are signatories to the JPA ("Cooperative Members"); (3) if agreed upon pursuant to a separate agreement between CITY and any Cooperative Member, the JPA allows a Cooperative Member, subject to the terms of the JPA, to purchase the same or substantially similar services based upon terms that are the same or substantially similar to those set forth in this Agreement including but not limited to price/cost; and (4) COUNTY shall have no obligation, liability or responsibility for any order or purchase made under the contract between a Cooperative Member and CITY. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 11 COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA Assistant County Attorney Date: Recommended for Approval By: Chair of Its County Board ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: By: By: Acting Director, Assistant County Administrator Environment and Energy Department - Public Works Date: Date: MUNICIPALITY CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions or ordinances.* Printed Name: Signed: Title: Date: *CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time CITY returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. 12 Attachment A Hennepin County Residential Recycling Funding Policy January 1, 2017 — December 31, 2020 Board Adopted: November 29, 2016 Public Works Environment and Energy Department 1 I. Policy Description A. Background The Hennepin County Board of Commissioners has determined that curbside collection of recyclables and organics from Hennepin County residents is an effective strategy to reduce reliance on landfills, prevent pollution, conserve natural resources and energy, improve public health, support the economy, and reduce greenhouse gases. Therefore, the county adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling Funding Policy to help reach a 75% recycling rate by 2030. The county will distribute all Select Committee on Recycling and the Environment (SCORE) funds received from the state to cities for curbside collection of residential recyclables and organics. If cities form a joint powers organization responsible for managing a comprehensive recycling and waste education system for the residents of those cities, the county will distribute recycling and organics grants to that organization. Cities are expected to fulfill the conditions of the policy. B. Term of the Policy Hennepin County is committed to implement this policy and continue distributing all SCORE funds received from the state for the purpose of funding curbside residential recycling and organics programs from January 1, 2017 through December 31, 2020. The county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with municipalities at that time and develop a subsequent recommendation to the board on continuation of this policy and future funding of curbside recycling and organics programs. C. Grant Agreements Each municipality seeking funding under the terms of the Residential Recycling Funding Policy must enter into a recycling grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2020. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. D. Fund Distribution The county will distribute to Hennepin County municipalities 100% of SCORE funds that the county receives from the state. SCORE funds will be dedicated to two different purposes: 1) 1 curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management (SWM) tax on garbage services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the county in the state's corresponding fiscal year. II. Recycling A. Allocation of Funds The following formula will be utilized to determine a city's recycling SCORE grant each year. Percent of SCORE funds allocated to curbside recycling: 2017 80% 2018 70% 2019 60% 2020 50% City recycling grant calculation: Number of households with curbside recycling in city Total number of households with curbside recycling in county Total SCORE Recycling grant x Funds available - amount available for recycling to the city Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out its own recycling container for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The city will report the number in its application for funding. B. Application for Funding Each municipality must complete an annual grant application by February 15 to receive funding for that year. The application consists of a web -based report and a planning document provided by the county. The web -based report asks for contract, program, tonnage, and financial 2 information. The participation rate for the curbside recycling program must also be included in the web -based report. The municipality must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The planning document asks for a description of activities the city will implement to increase recycling and make progress toward county objectives. C. Use of Funds The following requirements apply to the use of recycling funds: 1. All grant funds accepted from the county must be used for waste reduction and recycling capital and operating expenses in the year granted. The county will not reimburse any funds in excess of actual expenses. 2. A municipality or joint powers organization may not charge its residents through property tax, utility fees, or any other method for the portion of its recycling program costs that are funded by county grant funds. 3. Municipalities must establish a separate accounting mechanism, such as a project number, activity number, or fund that will separate recycling revenues and expenditures from other municipal activities, including solid waste and yard waste activities. 4. Recycling and waste reduction activities, revenues, and expenditures are subject to audit. 5. Municipalities that do not contract for curbside recycling services will receive grant funds provided that at least 90% of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional 10% may be used for municipal administrative and promotional expenses. D. City Requirements 1. Materials Accepted At a minimum, the following materials must be collected curbside: • Metal food and beverage cans; • Glass food and beverage containers; • Cardboard boxes; • Newspaper and inserts; • Mail, office and school papers; 3 " C e r e a l , c r a c k e r , p a s t a , c a k e m i x , s h o e , g i f t , a n d e l e c t r o n i c s b o x e s ; " B o x e s f r o m t o o t h p a s t e , m e d i c a t i o n s a n d o t h e r t o i l e t r i e s ; " M a g a z i n e s a n d c a t a l o g s ; " A s e p t i c a n d g a b l e - t o p p e d c o n t a i n e r s ; a n d " P l a s t i c b o t t l e s a n d c o n t a i n e r s , # 1 P o l y e t h y l e n e T e r e p h t h a l a t e ( P E T , P E T E ) , # 2 H i g h D e n s i t y P o l y e t h y l e n e ( H D P E ) , # 4 L o w D e n s i t y P o l y e t h y l e n e ( L D P E ) a n d # 5 P o l y p r o p y l e n e ( P P ) p l a s t i c b o t t l e s , e x c e p t t h o s e t h a t p r e v i o u s l y c o n t a i n e d h a z a r d o u s m a t e r i a l s o r m o t o r o i l . T h e c o u n t y m a y a d d m a t e r i a l s t o t h i s l i s t a n d r e q u i r e m u n i c i p a l i t i e s t o b e g i n c o l l e c t i o n w i t h i n o n e y e a r o f r e c e i v i n g n o t i f i c a t i o n f r o m t h e c o u n t y . M u n i c i p a l i t i e s w i l l n o t i f y t h e c o u n t y i f m a t e r i a l s n o t f o u n d o n t h i s l i s t w i l l b e c o l l e c t e d . 2 . E d u c a t i o n a n d O u t r e a c h T h e p a r t n e r s h i p b e t w e e n t h e c o u n t y a n d m u n i c i p a l i t i e s h a s b e e n h i g h l y e f f e c t i v e i n e d u c a t i n g r e s i d e n t s a n d m o t i v a t i n g b e h a v i o r c h a n g e . I n o r d e r t o c o n t i n u e t h i s p a r t n e r s h i p a n d i n c r e a s e t h e s e e f f o r t s , p r o g r a m a c t i v i t i e s o f m u n i c i p a l i t i e s m u s t b e c o o r d i n a t e d w i t h c o u n t y a n d r e g i o n a l e f f o r t s . M u n i c i p a l i t i e s m u s t a d h e r e t o t h e f o l l o w i n g r e q u i r e m e n t s : a . U s e c o u n t y t e r m i n o l o g y w h e n d e s c r i b i n g r e c y c l i n g g u i d e l i n e s , i n c l u d i n g t h e d e s c r i p t i o n o f m a t e r i a l s a c c e p t e d a n d n o t a c c e p t e d , p r e p a r a t i o n g u i d e l i n e s , a n d p r o m o t i o n a l m a t e r i a l s ; b . U s e i m a g e s p r o v i d e d b y t h e c o u n t y o r t h e S o l i d W a s t e M a n a g e m e n t C o o r d i n a t i n g B o a r d ( S W M C B ) i f u s i n g i m a g e s o f r e c y c l a b l e s ; c . P r o v i d e r e c y c l i n g i n f o r m a t i o n o n t h e c i t y ' s w e b s i t e , i n c l u d i n g m a t e r i a l s a c c e p t e d a n d n o t a c c e p t e d , a r e c y c l i n g c a l e n d a r , a n d l i n k s t o c o u n t y r e s o u r c e s ; d . M a i l a r e c y c l i n g g u i d e t o r e s i d e n t s e a c h y e a r u s i n g a t e m p l a t e d e v e l o p e d j o i n t l y w i t h t h e c o u n t y . T h e c o u n t y w i l l d e s i g n a n d p r i n t t h e g u i d e . I f a m u n i c i p a l i t y d o e s n o t u s e t h e t e m p l a t e p r o d u c e d b y t h e c o u n t y , t h e m u n i c i p a l i t y m a y d e v e l o p i t s o w n g u i d e a t t h e m u n i c i p a l i t y ' s e x p e n s e , b u t i t m u s t b e a p p r o v e d b y t h e c o u n t y . I f t h e m u n i c i p a l i t y r e l i e s o n t h e h a u l e r t o p r o v i d e t h e r e c y c l i n g g u i d e , t h i s g u i d e r e q u i r e s a p p r o v a l b y t h e c o u n t y . e . C o m p l e t e t w o e d u c a t i o n a l a c t i v i t i e s f r o m a m e n u o f o p t i o n s d e v e l o p e d b y t h e c o u n t y . 4 Any print material that communicates residential recycling guidelines that were not provided by the county template will require county approval. This does not apply to waste reduction and reuse, articles on recycling that do not include guidelines, or social media posts. The county will respond within five business days to any communication piece submitted. 3. Recycling Performance On an annual basis, municipal recycling programs must demonstrate that a reasonable effort has been made to maintain and increase the pounds of recyclables per household collected from their residential recycling programs. If a municipality does not demonstrate measureable progress, a recycling improvement plan must be submitted by the municipality within 90 days of being notified by the county. The recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its recycling program to yield the results necessary to achieve county objectives. In cooperation with the county, the municipality may be required to participate in waste and recycling sorts to identify recovery levels of various recyclables in its community. Based on the results of the study, the county and municipality will collaborate to increase the recovery of select recyclable materials being discarded in significant quantities. E. Grant Payments The county will make two equal payments to the municipality. One payment will be made after the county receives the application, which consists of the web -based report and the planning document. A second payment will be made after basic program requirements, education and outreach requirements, and recycling performance have been confirmed and approved. If the municipality meets the county requirements, both payments will be made during the same calendar year. Funding will be withheld until the municipality meets the requirements of this policy. III. Organics Recycling A. Allocation of Funds The following formula will be utilized to determine a city's organics recycling SCORE grant each year: 5 Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% City organics recycling grant calculation: Number of households with curbside organics in city Total number of households with curbside organics in county Total SCORE Organics grant x funds available for = amount available organics to the city If the formula above results in cities receiving grants where the dollar amount per participating household is greater than $25 per year, then a cap will apply. The funding cap per participating household is $25 per year. The most the county will grant a city is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into the following year's SCORE funds. Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where the household is signed up for organics service and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the number of eligible households on September 1 of each funding year. The city will report the number in the application for funding. B. Application for Funds Each municipality must complete an annual application provided by the county by September 1 to receive funding. As a part of the application, a city must submit the number of households signed up for and receiving curbside organics service. C. Use of Funds The grant funds may be used for program expenses, including the following: • Discount to new customers • Discount to existing customers • Referral incentives • City contract costs 6 " E d u c a t i o n a n d o u t r e a c h " C o m p o s t a b l e b a g s " K i t c h e n c o n t a i n e r s " C a r t s P r o g r a m a d m i n i s t r a t i o n i s n o t a n e l i g i b l e e x p e n s e . Y a r d w a s t e e x p e n s e s a r e n o t e l i g i b l e . I f o r g a n i c s a r e c o - c o l l e c t e d w i t h o t h e r w a s t e , t h e o r g a n i c s e x p e n s e s m u s t b e t r a c k e d s e p a r a t e l y . I f a c i t y p a s s e s f u n d s t h r o u g h t o a h a u l e r , 1 0 0 % o f t h o s e f u n d s m u s t b e c r e d i t e d t o r e s i d e n t s ' b i l l s . I n a d d i t i o n , t h e f o l l o w i n g r e q u i r e m e n t s a p p l y : " A l l g r a n t f u n d s m u s t b e u s e d d u r i n g t h e t e r m o f t h e a g r e e m e n t . F u n d s n o t s p e n t m u s t b e r e t u r n e d t o t h e c o u n t y . " F u n d s m u s t b e e x p e n d e d o n e l i g i b l e a c t i v i t i e s p e r M i n n e s o t a S t a t e S t a t u t e 1 1 5 A . 5 5 7 . " A m u n i c i p a l i t y o r j o i n t p o w e r s o r g a n i z a t i o n m a y n o t c h a r g e i t s r e s i d e n t s t h r o u g h p r o p e r t y t a x , u t i l i t y f e e s , o r a n y o t h e r m e t h o d f o r t h e p o r t i o n o f i t s o r g a n i c s p r o g r a m c o s t s t h a t a r e f u n d e d b y c o u n t y g r a n t f u n d s . " M u n i c i p a l i t i e s m u s t a c c o u n t f o r o r g a n i c s e x p e n d i t u r e s s e p a r a t e l y u p o n r e q u e s t b y t h e c o u n t y . E x p e n d i t u r e s a r e s u b j e c t t o a u d i t . D . E d u c a t i o n a n d O u t r e a c h R e q u i r e m e n t s T h e p a r t n e r s h i p b e t w e e n t h e c o u n t y a n d m u n i c i p a l i t i e s h a s b e e n h i g h l y e f f e c t i v e i n e d u c a t i n g r e s i d e n t s a n d m o t i v a t i n g b e h a v i o r c h a n g e . I n o r d e r t o c o n t i n u e t h i s p a r t n e r s h i p a n d i n c r e a s e t h e s e e f f o r t s , p r o g r a m a c t i v i t i e s o f m u n i c i p a l i t i e s m u s t b e c o o r d i n a t e d w i t h c o u n t y a n d r e g i o n a l e f f o r t s . T h e f o l l o w i n g r e q u i r e m e n t s a p p l y : 1 . U s e c o u n t y t e r m i n o l o g y w h e n d e s c r i b i n g o r g a n i c s r e c y c l i n g g u i d e l i n e s , i n c l u d i n g t h e d e s c r i p t i o n o f m a t e r i a l s a c c e p t e d a n d n o t a c c e p t e d , p r e p a r a t i o n g u i d e l i n e s , a n d p r o m o t i o n a l m a t e r i a l s ; 2 . U s e i m a g e s p r o v i d e d b y t h e c o u n t y o r t h e S W M C B i f u s i n g i m a g e s o f o r g a n i c m a t e r i a l s ; 3 . P r o v i d e o r g a n i c s r e c y c l i n g i n f o r m a t i o n o n t h e c i t y ' s w e b s i t e , i n c l u d i n g m a t e r i a l a c c e p t e d a n d n o t a c c e p t e d , s e r v i c e o p t i o n s , a n d l i n k s t o c o u n t y r e s o u r c e s ; 4 . W o r k w i t h t h e c o u n t y t o d e v e l o p p r o m o t i o n a l r e s o u r c e s t o i n c r e a s e p a r t i c i p a t i o n . 7 E. Reporting A report on the city's organics program must be submitted electronically to the county by February 15 following each year. The report must include, but is not limited to, the following; Basic Program Information Hauler(s) Collection method Where organics were delivered to and processed • Is service opt -in or opt -out • Cost of service to residents; contract cost for city • How the service was billed • Items included in service, such as curbside collection, cart, compostable bags, etc. Results • Tons • Number of households signed up • Average pounds per household per year • Participation (set -out rate on pickup day) • Program costs • How funds were used F. Grant Payment The county will make one organics grant payment to a municipality each year. The payment will be made after the county receives the application and confirms that the municipality meets the requirements of this policy. 8 Agenda Item # 5B Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017- RESOLUTION ACCEPTING DONATION FROM HAMEL VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION WHEREAS, The Hamel Volunteer Fire Depatment Relief Association has donated a check in the amount of $30,000.00 (the "Donation") to the city of Medina (the "City"); and WHEREAS, the Donation will be distributed to the Hamel Volunteer Fire Department for equipment funding; and WHEREAS, the City wishes to accept the Donation and express its gratitude to the Hamel Volunteer Fire Department Relief Association. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that the City accepts the Donation and thanks the Hamel Volunteer Fire Department Relief Association. Dated: January 3, 2017. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, 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. Resolution No. 2017- January 3, 2017 WSB && Associates. engineering • planning • environmental • construction 477 Temperance Street St. Paul, MN 55101 Tel: 651-286-8450 Fax: 651-286-8488 December 22, 2016 City of Medina Attn: Mr. Steve Scherer, Public Works Director 600 Clydesdale Drive Medina, MN 55340 RE: Final Application for Payment No. 6 Wellhouse No. 3 Addition Dear Steve, Please find attached Final Application for Payment No. 6 from Municipal Builders, Inc. for the construction of the Wellhouse No. 3 Addition. Municipal Builders has completed the punch list and submitted all of the required close-out documents in accordance with the contract documents. Therefore, we recommend making a final payment of $31,563.10 to Municipal Builders, Inc. Upon City Council approval, please sign the first page, send signed copies to Municipal Builders, Inc. and WSB, and retain one copy for your records. Please contact us 651.286.8466 if you have any questions or comments. Sincerely, WSB & Associates, Inc. Greg F. Johnson, PE Water/Wastewater Group Manager c: Tom Kellogg, PE, WSB & Associates, Inc. Jim Stremel, PE, WSB & Associates, Inc. Equal Opportunity Employer wsbeng.com 00'8SL`l1 001) %OWL 00'09I'SEZ 00'0 00'0 00'091`SEZ 00'091`SEZ 00'SL 00'0 %001 00'00S' 1 00'0 00'0 00'005' 1 00'005' 1 1-131VH Z. 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(J) (7 - 7) (7 / 7) 03N01S OW 031101S NOI.LV71lddV IiSINIJ Ol % 03131d1N07 Al1N3S321d 001113d 51131 Sf101/1321d NOM 111VA ON 37VNIV1321 37NV1V8 1V101 Slt/IN31VIN 03131114107 N110M 031f1O31-17S H210M 30 NO114120530 N311 f 1 H O 3 3 I a 7 8 V *Aid& Amu dual! au11 ao1 a6ewelaa algepen waynn speiluo0 uo I uwnio0 as0 91.0Z/LE/Z1 :ol 'aellop lsaaeau ayl of palms am slunowe 'Molaq suolle noel ul 91.0Z/L/OL :woa3 pouad •papelle sl uollepl;ilaa3 pau6ls s,aohealuoD 3A13 :11381/W1N N011VJIlddV 6ululeluo) '1N31AIAVd 2I03 31VDId112137 aNV NOI1V71lddV 'ZOLD luawnDoa VIV S37V<I II 30 b 37Vd FOLD 1N3GIVD00 V1V 1.33HS NOlDMNII1NOD Doc,„67.2Y$i; Change Order +ant G701'M — 2001 PROJECT (Name and address): CHANGE ORDER NUMBER: 001 Medina City Hall Lower Level DATE: Improvements 2052 County Road 24 Medina, MN 55430 TO CONTRACTOR (Name and address): Iyawe and Associates 2500 New Brighton Boulevard, Suite 203 Minneapolis, MN 55418 ARCHITECT'S PROJECT NUMBER: 292 Design Group CONTRACT DATE: May 05, 2016 CONTRACT FOR: General Construction OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER, ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR-01R2: Hardware modifications -- Add $1,348.36 PR-03: Additional floor sawcutting, trenching, and fill -- Add $2,096.9 PR-04R2: Miscellaneous Ceiling Modifications -- Add $1,154.10 PR-05R2: Replace wet/damaged drywall & reroute duct from garage furnace -- Add $2,367.62 Credits for work incomplete or in need of correction -- Deduct $1,215.00 Credit for Kepad wiring repair -- Deduct $500.00 Credit for Final cleaning by Owner -- Deduct $156.00 Change Order #1 Final Total -- ADD $5,096.03 The original Contract Sum was $ 240,000.00 The net change by previously authorized Change Orders $ , '0.00 The Contract Sum prior to this Change Order was $ 240,000.00 The Contract Sum will be increased by this Change Order in the amount of $ 5,096.03 The. new Contract Sum including this Change Order will be $ 245,096.03 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. 292 Design Group Iyawe and Associates City of Medina . ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 3533 East Lake Street 2500 New Brighton Boulevard, Suite 2052 County Road 24 Minneapolis, MN 55406 203 Medina, MN 55340 Minneapolis, MN 55418 ADDRESS ADDRESS ADDRESS AIA Document G701 T" - 2001. Copyright 0 1979, 198,7, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15.47:31 on 12/23/2016 under Order No. 2106280652 which expires on 12/18/2017, and is not for resale. User Notes: /jf Y (Signature) 1/(3) C (Typed name (Typed name) (Typed name) rz Z /0/zzi 0— 0/1- ` / / G DATE DATE DATE BY (Signature) BY (Signature) Si 1,4-f 0--1" AIA Document G701 TM — 2001. Copyright Cp 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIM, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:31 on 12/23/2016 under Order No. 2106260652 which expires on 12/18/2017, and is rot for resale. User Notes: (3B9ADA17) Agenda Item # 7A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017- ESTABLISHING 2017 APPOINTMENTS AND DESIGNATIONS TO VARIOUS CITY SERVICES, AUTHORITIES, COMMISSIONS, AND AGENCIES WHEREAS, the City contracts with various consultants and businesses to provide services to the City, and WHEREAS, the City is required to appoint City representatives to City commissions as well as area jurisdictions, agencies, authorities and commissions as indicated by governing documents, State statute, or City codes. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Medina hereby establishes the 2017 appointments and designations listed on Exhibit A. Dated: January 3, 2017. Bob Mitchell, Mayor Attest: Jodi M. Gallup, 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. Resolution No. 2017- January 3, 2017 Exhibit A Council Office/Liaisons 2017 Appointment(s) Acting Mayor Jeff Pederson Public Safety Liaison Kathleen Martin Public Works Liaison Jeff Pederson Planning & Zoning Liaison John Anderson Parks Liaison Lorie Cousineau Administration Liaison Bob Mitchell City Consultants Auditing Services Abdo Eick and Meyers LLP Building Inspector Metro West Inspection City Assessor Southwest Assessing (Rolf Erickson) City Attorney Kennedy & Graven (Ron Batty) City Engineer WSB (Jim Stremel) Financial Ehlers & Associates, Inc. Fire Marshal Loren Kohnen Metro West Inspection (alternate) IT Cipher Laboratories (Mike Brocco) Planning Consultant Northwest Associated Consultants, Inc. Prosecuting Attorney Tallen & Baertschi (Steve Tallen) City Staff City Clerk Jodi Gallup City Treasurer Erin Barnhart Human Resource Officers Scott Johnson Jodi Gallup Data Compliance Officials Jodi Gallup Ed Belland - Police Cec Vieau - Police Erin Barnhart - Finance Dusty Finke - Planning Steve Scherer - Public Works Responsible Authority for MN Government Data Practices Act Jodi Gallup Zoning Administrator Dusty Finke Deb Peterson (alternate) City Committee, Agency, Commission Representatives Communities in Collaboration Council Ed Belland Elm Creek Watershed (2nd Wednesday @ 11:30 a.m., Maple Grove City Hall) Elizabeth Weir Vicki Reid (alternate) Hamel VFD Relief Association (2nd Monday @ 8:00 p.m.) (need 2 elected officials as ex-officio members) Kathleen Martin Bob Mitchell (1st alternate) Resolution No. 2017-XX January 3, 2017 1 Exhibit A Highway 55 Corridor Coalition Joint Powers Jeff Pederson Scott Johnson (1st alternate) Lake Independence TMDL through Pioneer -Sarah Creek Watershed Hakanson Anderson Scott Johnson (alternate) Lake Sarah TMDL through Pioneer -Sarah Creek Watershed Hakanson Anderson Scott Johnson (alternate) Elm Creek TMDL through Elm Creek Watershed Hakanson Anderson Elizabeth Weir (alternate) Minnehaha Creek Watershed Elizabeth Weir Northwest Hennepin League of Municipalities (2nd Wednesday @ 6:30 p.m.) Bob Mitchell Kathleen Martin (alternate) I-94 Chamber of Commerce Jodi Gallup Scott Johnson (alternate) Pioneer -Sarah Creek Watershed (third Thursday @ 4:00 p.m., Independence City Hall) Mike McLaughlin Pat Wulff (1st alternate) Scott Johnson (2nd alternate) Uptown Hamel Inc. (Business Assn.) (third Tuesday @ Noon, location changes) Jeff Pederson Scott Johnson (alternate) Weed and Tree Inspector Steve Scherer Designation of Official Depositories & Investment of Idle Funds Farmers State Bank of Hamel 21 st Century Bank of Loretto Citigroup/Smith Barney MBIA Voyageur Asset Management Inc./(4M) Fund RBC Dain Rauscher, Inc. Designation of Official City Legal Newspaper Crow River News Planning Commission Appointments Three Year Term Janet White Three Year Term Dino DesLauriers Park Commission Appointments Three Year Term Jeffrey Rumsey Three Year Term Resolution No. 2017-XX January 3, 2017 2 Agenda Item # 7B MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: December 27, 2016 MEETING: January 3, 2017 City Council Meeting SUBJ: 2020-2040 Comprehensive Plan Update Background On August 3 and 16, the City Council met in concurrent session with the Planning Commission and reviewed and provided direction on rough drafts of the following chapters of the 2020-2040 Comprehensive Plan update: • Vision and Community Goals • Land Use • Housing The Council and Planning Commission also reviewed feedback from the Community Meetings which were held in May on these subjects. Following these concurrent meetings, a draft of the Comprehensive Plan was released for public feedback on the City's website and discussed in the City newsletter and at Celebration Day. Open Houses were also held at the end of October. The Steering Committee met to review the feedback, made final edits to the Plan, and recommended that the Plan be presented to the Planning Commission for a public hearing. The primary change from the August draft of the Plan which was previously reviewed by the Planning Commission was to shift approximately 30 net acres of Low Density Residential to the property immediately west of the Wealshire development, consistent with the concept plan from the Excelsior Group which was reviewed by the Planning Commission in November. An equal amount of acreage was changed from Low Density to Rural Residential to the northeast of Wealshire (east of Mohawk Drive, adjacent to Katrinka Road). The feedback on the draft plan at the Open Houses, from the mySidewalk page and otherwise submitted to the City is attached for reference. After the Open Houses, three additional letters have been received, which are the first attachment to this report, and are intended to be made part of the Public Hearing. As a reminder, the City technically has until the end of 2018 to submit its Comprehensive Plan update to the Metropolitan Council. The City has, to date, made it a goal to submit early. However, that means we certainly have time to continue working on the draft if the Committee wishes to do so. The draft Comprehensive Plan does not yet include sewer and water plans. Because the land use plan has been shifting over the past few months, staff wanted to delay the modeling and other 2020-2040 Comprehensive Plan Page 1 of 5 January 3, 2017 City Council Meeting technical work that goes into these plans until things settle. A high level "implications" summary is provided for the time being. Staff intends to present the full plans, along with feedback from jurisdictions (school districts, watersheds, neighboring cities, state agencies, etc.) after the six month jurisdictional review timeframe is completed. Public Feedback from Open Houses Approximately 50 people attended the open houses. The open houses included opportunities for "dot activities" where people could place a green dot on things they were in favor of and red dots on things they were not in favor of. Staff has transferred these dots to the attached maps. Attendees (and everyone who received the mailer and also the newsletter) were also encouraged to take part in the discussion on mySidewalk or to provide written comments. One person has provided a comment on mySidewalk ("Looks good"). Staff has also attached the written comments received. Steering Committee members were also present at the open houses and discussed the plans with attendees. Staff tried to circle back with members after each Open House to discuss their concerns. The main discussion points touched on by numerous attendees appeared to be: 1) Most attendees appeared to support the reduced residential growth planned. 2) Property owners north of Chippewa Road and west of Mohawk Drive, adjacent to The Wealshire project, urged that their properties be guided for Low Density Residential development, consistent with the current plan (NOTE: Some of this property was added to the Low Density Residential land use by the Steering Committee after the Open Houses). 3) Strong interest in improved pedestrian connectivity across Highway 55. Numerous attendees advocated a pedestrian bridge over Highway 55 or other measures. 4) Concern related to increased traffic along County Road 116. 5) Concern related to potential water tower in the Fields of Medina Park. Summary of Plan Planning Commissioners have been involved throughout the last 15 months with the process and likely recognize the difficulty in succinctly summarizing the Comprehensive Plan. The attached PowerPoint attempts to describe the process and the "big picture" aspects of the Draft plan. Staff intends to present this prior to the Public Hearing. Chapter 1, the Introduction of the Plan, also describes the organization of the Plan. Following is a description and highlights of the Chapters. Vision and Goals The Vision and Community Goals are contained in Chapter 2. The goals speak to maintaining quality of life through protection of natural resources, open space, and rural character. Community Background The Community Background chapter mainly contains demographic information which affects the Plan. Page 3-2 describes the forecasted residential growth in the City, 1100 additional 2020-2040 Comprehensive Plan Page 2 of 5 January 3, 2017 City Council Meeting households between 2020 and 2040. Staff has calculated that the City would need to plan for 951 households under the plan, because approximately 1491ots have already been approved for development. Housing and Neighborhoods The Housing Chapter provides information on the existing housing stock within the City. The Metropolitan Council requirement that the City plan for a minimum of 253 housing units at higher density is also contained within this chapter. Requiring higher density housing is a strategy by the Met Council to support the construction of homes at more affordable price points. Land Use and Growth The Land Use chapter most often comes to mind when someone thinks about the Comprehensive Plan. In addition to guiding growth and development in the City, the chapter also establishes objectives for the land uses. These objectives will provide guidance when the City enacts zoning regulations to implement the Plan. The Land Use plan is contained on Map 5-2 and the Staging Plan on Map 5-3. These plans guide the following amounts of property for development in the next 20 years: • 171 net acres of Low Density Residential (2 units/acre) • 21 net acres Medium Density Residential (5-7 units/acre) • 14 net acres High Density Residential (12-15 units/acre) • 95 net acres Mixed Residential (3.5-4 units/acre; 1 unit/acre required High Density) • 53 net acres Commercial • 257 net acres Business Parks, Trails, and Open Spaces This Chapter describes the existing park, trail, and open space system and planned expansion. Planned expansion includes 3 parks in order to provide an active park within % mile of all new residential development. The plan also includes 22 miles of paved trails (9 exist today) and 11 miles of turf trails. Implementation This Chapter describes actions which the City needs to take in order to be consistent with the Plan. Transportation Plan The transportation plan describes the existing local system but also how the City fits into the broader county and regional networks. No regional transportation capacity expansions are planned for next 20 years on Highway 55 or Highway 12. The plan identifies the need for intersection improvements at various County Roads in the City. The City will work with Hennepin County to incorporate these into their plans. In terms of investments on City streets, the plan identifies the following: • Potential extension of Chippewa Road from Mohawk Drive to Arrowhead Drive. • Improvement to Hackamore Road to add capacity as a result of the Reserve of Medina but also development in communities to the north. 2020-2040 Comprehensive Plan Page 3 of 5 January 3, 2017 City Council Meeting " I m p r o v e m e n t t o B r o c k t o n L a n e t o a d d c a p a c i t y a s a r e s u l t o f d e v e l o p m e n t i n P l y m o u t h a n d M e d i n a . " S t u d y o f t h e S i o u x D r i v e / H a m e l R o a d i n t e r s e c t i o n t o i m p r o v e s a f e t y a n d o p e r a t i o n . S e w e r / W a t e r P l a n s A s n o t e d p r e v i o u s l y , t h e s e c h a p t e r s a r e n o t y e t c o m p l e t e d b e c a u s e s u b s t a n t i a l m o d e l i n g a n d o t h e r t e c h n i c a l w o r k n e e d s t o b e c o m p l e t e d a f t e r t h e L a n d U s e m a p i s c o m p l e t e . A h i g h - l e v e l s u m m a r y i s i n c l u d e d i n m a p f o r m . T h e p l a n s i d e n t i f y t h e f o l l o w i n g c a p i t a l i n v e s t m e n t s n e c e s s a r y i n o r d e r t o s u p p o r t t h e g r o w t h a n d d e v e l o p m e n t i d e n t i f i e d i n t h e p l a n . T h e c o s t o f t h e s e i m p r o v e m e n t s w o u l d b e f u n d e d t h r o u g h c o n n e c t i o n f e e s u p o n d e v e l o p m e n t : " $ 3 , 0 0 0 , 0 0 0 N e w W a t e r T o w e r ( F i e l d s o f M e d i n a P a r k c u r r e n t l y p r o s p e c t i v e l o c a t i o n ) " $ 1 , 6 0 0 , 0 0 0 W a t e r T r e a t m e n t P l a n t e x p a n s i o n " $ 4 5 0 , 0 0 0 S a n i t a r y S e w e r l i f t s t a t i o n a t W i l l o w D r i v e a n d C h i p p e w a R o a d " $ 2 0 0 , 0 0 0 U p s i z e S a n i t a r y S e w e r P i p e a t H u n t e r D r i v e a n d H a m e l R o a d " $ 1 , 7 0 0 , 0 0 0 W a t e r T o w e r t o s u p p o r t F u t u r e D e v e l o p m e n t A r e a n e a r L o r e t t o ( a f t e r 2 0 4 0 ) S u r f a c e W a t e r M a n a g e m e n t P l a n T h e S u r f a c e W a t e r M a n a g e m e n t P l a n ( S W M P ) d e s c r i b e s h o w t h e C i t y w i l l a d d r e s s a n d i m p r o v e s t o r m w a t e r w i t h i n t h e c o m m u n i t y . I n a d d i t i o n t o e s t a b l i s h i n g o b j e c t i v e s h o w d e v e l o p m e n t w i l l t r e a t s t o r m w a t e r , t h e p l a n a l s o d e s c r i b e s h o w t h e C i t y w i l l a t t e m p t t o a d d r e s s t h e v a r i o u s m a n d a t e s p l a c e d u p o n i t t o i m p r o v e w a t e r q u a l i t y t h r o u g h T o t a l M a x i m u m D a i l y L o a d ( T M D L ) a l l o c a t i o n s . P l a n n i n g C o m m i s s i o n R e c o m m e n d a t i o n T h e P l a n n i n g C o m m i s s i o n h e l d a p u b l i c h e a r i n g o n t h e C o m p r e h e n s i v e P l a n a t t h e i r D e c e m b e r 1 3 , 2 0 1 6 m e e t i n g . T h r e e p e o p l e s p o k e a t t h e p u b l i c h e a r i n g , a n d t h e i r c o m m e n t s a r e i n c l u d e d i n t h e a t t a c h e d P l a n n i n g C o m m i s s i o n m i n u t e s . O n e s p e a k e r s p o k e i n f a v o r o f a d d i t i o n a l d e v e l o p m e n t i n t h e a r e a s o u t h o f H a m e l w h i c h c o u l d e n e r g i z e t h e U p t o w n H a m e l a r e a , r a t h e r t h a n p u s h i n g d e v e l o p m e n t f u r t h e r w e s t o n H i g h w a y 5 5 . O n e s p e a k e r h a d p r e v i o u s l y p r o v i d e d t w o l e t t e r s o n b e h a l f o f D e l l c r o f t F a r m s a n d e x p a n d e d o n t h e i r c o m m e n t s . O n e s p e a k e r r e p r e s e n t e d p r o p e r t y o w n e r s e a s t o f A r r o w h e a d D r i v e a n d n o r t h o f M e a n d e r , s p e a k i n g i n s u p p o r t o f t h e P l a n . F o l l o w i n g t h e p u b l i c h e a r i n g , t h e C o m m i s s i o n d i s c u s s e d a l l o f t h e c h a p t e r s o f t h e d r a f t P l a n . T h e C o m m i s s i o n d i s c u s s e d t h e L a n d U s e p l a n f o l l o w i n g t h e c o m m e n t s f r o m t h e p u b l i c h e a r i n g a n d t h e o p e n h o u s e a n d r e c o m m e n d i n g a p p r o v a l a s i s . T h e C o m m i s s i o n p r o v i d e d a s e r i e s o f r e c o m m e n d e d c h a n g e s t o t h e t e x t o f t h e v a r i o u s c h a p t e r s , n o n e o f w h i c h s t a f f c o n s i d e r e d t o c h a n g e t h e p r i m a r y p o l i c y d i r e c t i o n o f t h e d o c u m e n t . F o l l o w i n g t h e d i s c u s s i o n a n d t h e r e c o m m e n d e d c h a n g e s , t h e P l a n n i n g C o m m i s s i o n u n a n i m o u s l y r e c o m m e n d e d a p p r o v a l o f t h e 2 0 2 0 - 2 0 4 0 C o m p r e h e n s i v e P l a n u p d a t e . 2 0 2 0 - 2 0 4 0 C o m p r e h e n s i v e P l a n P a g e 4 o f 5 J a n u a r y 3 , 2 0 1 7 C i t y C o u n c i l M e e t i n g Potential Action Staff had originally intended to present the Comprehensive Plan at the January 17 Council meeting and announced this intent at the December 13 Public Hearing. As a result, staff recommends that the Council wait to finalize discussion until January 17. In the meantime, the City Council can review the Plan and direct staff to make any changes. After completing its review, the Council can direct staff to route the Plan to affected jurisdictions for their review and comment. The Metropolitan Council requires the City to allow six months for the affected jurisdictions to comment. Staff will collect all comments and present to the City Council this summer for consideration. Only after the jurisdictional review is complete will the City Council be able to approve of the Plan. Attachments 1. Excerpt from DRAFT 12/13/2016 Planning Commission minutes 2. Letters Received for Public Hearing a. Dellcroft Farm letter (11/17/2016) b. Dellcroft Farm letter (12/7/2016) c. Housing Justice Center letter (12/1/2016) 3. Comp Plan Summary Presentation 4. Comments Received in connection with Open Houses 5. Maps showing "dot activities" from Open Houses 6. DRAFT 2020-2040 Comprehensive Plan 2020-2040 Comprehensive Plan Page 5 of 5 January 3, 2017 City Council Meeting Excerpt of DRAFT Planning Commission Meeting Minutes from Tuesday, December 13, 2016 2. Public Hearing — City of Medina Comprehensive Plan — Decennial Update Finke stated that he would attempt to cover the highlights as there is a lot of detail and the Commission has reviewed most of the document in previous meetings. He stated that the process to update the plan was started one year ago, and reviewed the purpose of the Comprehensive Plan. He noted that there have been eight community meetings throughout the process to obtain input from the community in addition to the work of the Steering Committee, Planning Commission and the use of the online forum. He explained how the guides from the Metropolitan Council are used, noting that there was a reduction to the Met Council system statements and the City therefore was able to reduce their plans for development appropriately. He reviewed the vision statement which was used to develop the community goals and specific objectives within the plan. He explained that growth is planned in conjunction with infrastructure to ensure that the growth does not outpace the infrastructure within the City. He stated that one major change to the plan was the reduction in planned residential development compared to the previous plan in order to meet the minimum requirements of the Met Council. He noted that there was also some delay for the development of residential properties. He identified an area that had previously been planned for commercial but is now proposed to be planned as high density residential. He highlighted the specific areas within the City that have a changed proposed land use as a result of the updating of the plan. He suggested that discussion focus on the properties with proposed land use changes from what exists today. He displayed the staging and growth map which identifies when properties could be developed under the Comprehensive Plan. He noted that the business and commercial properties are not staged for development and could be developed as requests are received. He noted that the parks and trails chapter of the plan is highly impacted by the land use map. He noted that the implementation chapter addresses the things the City would need to do in order to come into line with the Comprehensive Plan, noting that once adopted the City has nine months to be in compliance with the plan. He noted that there are relatively low needs in terms of the sanitary sewer and identified the needs related to water. He provided highlights of the transportation chapter of the plan, noting that the City does not have control over the County and State roadways and reviewing proposed improvements. Albers asked if the Met Council has provided a transit plan for any cities outside of the light rail. Finke stated that although the Met Council does provide plans for some cities, they have not provided anything for Medina. He explained that Medina is at a disadvantage as some neighboring communities provide their own independent systems. He stated that if the City were interested it would make most sense to work with one of the neighboring communities to expand their transit system. He stated that this is the formal public hearing for the draft plan, although there have been many opportunities to provide feedback prior to tonight. He explained the submittal process that would be followed moving forward, which includes allowances for the necessary comment periods. Chairperson Reid opened the public hearing at 7:38 p.m. Greg Hoglund, 19220 Hackamore Road, stated that he also owns several properties in Medina. He stated that he lives next to a major development being done by Lennar in Corcoran and noted some plans for future development from Lennar that is in both cities and is expected in 2017. Finke stated that he was unsure that would occur in 2017 but acknowledged that the development would take place in the next few years. Mr. Hoglund referenced the staging plan, noting that he is a big fan of Medina and specifically Hamel which is an unbelievably hidden gem and asset of the community He stated that his 1 Excerpt of DRAFT Planning Commission Meeting Minutes from Tuesday, December 13, 2016 concern is that everything is being pushed along Highway 55 and he has not seen anything much being done in Hamel. He stated that there are some forces outside of the City and asked that the City think about spreading things out a bit to ensure Hamel does not get lost in the planning effort. Andy Jacobson, representing Dellcroft Farms, acknowledged that they are a bit late with their participation in the plan as their concern came with the AutoMotorPlex. He stated that they will find themselves across the road from a site with 63 percent site coverage. He stated that the concern is with the transition between residential and commercial. He asked that the City consider the 20.5 eastern most acres of the Dellcroft Farms property to be guided to low density residential to help create some transition between the AutoMotorPlex and rural residential, similar to what was done near the Wealshire property. Tim Whiten, representing five property owners east of Arrowhead Drive, stated that throughout this process their properties have been changed from medium to low density with delayed staging. He stated that the property owners accept the changes but just want to ensure that the guiding is not changed further. Chairperson V. Reid closed the public hearing at 7:50 p.m. Chairperson V. Reid noted that there have been many discussions prior to tonight's meeting and noted that while changes can be made there would need to be a balance to ensure that the desired outcome is still reached. She suggested that grammatical changes be provided to staff outside of the meeting. She noted on page 13, objective three, and noted that the Steering Committee discussed this item and confirmed the consensus of the Commission that the guidelines be developed. She noted that the guidelines would be developed through a special committee in the future. Finke stated that there is a lot of detail within the plan and noted that there are some pretty significant changes to the land use within Hamel. He noted that within the existing plan there is a requirement for seven to 45 units per acre across the Uptown Hamel land use. He stated that within the draft plan a fair amount of flexibility was provided lowering the minimum density and maximum density to range of four to 15 units per acre, with flexibility to go up to 20 units per acre with special conditions. He noted that is a significant change that would still allow for fairly dense residential development but also provide flexibility to create a smaller development. Murrin agreed that the lower density would be more appropriate. R. Reid stated that perhaps a task force should be created for Uptown Hamel as there have been a number of applications that have come forward that have not come to fruition. Albers noted that one of the applications was trying to gain additional funding. Finke provided additional clarification on the mixed -use land use which is a relatively low density housing land use, between 3.4 to four unit per acre. He explained the requirement that one third to one quarter of the units be a higher density housing product, such as an apartment building or tight townhome, while the remainder of the site could be single family development. He stated that land use helps the City achieve the minimum of 253 higher density housing units without identifying a specific property for a higher density land use. Chairperson V. Reid noted that months have been spent on the proposed land uses and asked for the input of the Commission. 2 Excerpt of DRAFT Planning Commission Meeting Minutes from Tuesday, December 13, 2016 White commented that the Steering Committee has done a great job on the land use as designated and noted that if any changes were made, there would need to be changes made in another area to balance the totals. She confirmed the consensus of the Commission to accept the land use section as proposed. Chairperson V. Reid referenced a letter that was received in regard to affordable housing from Housing Justice, which expressed concerns. R. Reid noted that the letter was dated December 1 st, although the latest version of the plan was dated December 6th Finke replied that the plan did not change significantly before or after the letter. He stated that within the system statements from the Met Council, which guides cities, there are minimum requirements that are laid out explicitly. He stated that the minimum requirement is that the allocation of expected affordable housing be identified for the next 20 years and that the City plans for that within the land use and the programs that could be used. He stated that staff believes that the minimum requirements have been met. Barry stated that it appears the letter wants more put into the plan although that is not required. He did not see a value in changing the plan to be more specific to meet the concerns of the letter. R. Reid noted that there are no developers proposing to construct this type of housing in Medina and therefore the City can respond to requests that come in but would not need to be more explicit with details. Murrin stated that she talked to Finke earlier about the letter, noting that the organization is more geared for advocacy. She stated that the City has met the requirements of the Met Council and therefore does not have to meet the requests of the letter. Rengel stated that she believes the plan has an adequate balance of land uses and affordable housing. Albers noted that the City planned accordingly to identify where affordable housing would be a good fit based on the available transportation. Kathy Martin, Chair of the Steering Committee, stated that the City does not have a legal obligation to subsidize affordable housing. She stated that while some on the Committee did not support additional workforce housing, others believe that workforce housing provides a benefit to the community. She hoped that in the next few years there would be leadership in the City to help bring that into fruition and provide more workforce housing to the City. Barry referenced 4.3, noting that AMI is addressed in two sections and asked the percentages that are reflected and which AMI is used in the calculations. Finke replied that the AMI should correspond to the table and noted that he would make the necessary changes. He noted that additional information was added to the school districts as the school district has an impact on growth pressures and vice versa. Finke noted that the Park Commission took the lead on the park and trail chapter. Chairperson V. Reid stated that she is happy to see the hoped parks designation and referenced the 10 acre Fields of Medina park that she believed was going to be larger and provide a connection to Foxberry. 3 Excerpt of DRAFT Planning Commission Meeting Minutes from Tuesday, December 13, 2016 Finke noted that if that is a continued objective it should be called out and noted that perhaps the Park Commission should review that. Chairperson V. Reid noted that technically you would have to drive and if connectivity is a goal, there should be a trail connection for walkers. White stated that she believed that the Park Commission was waiting for another parcel to develop before expanding that park. She stated that there was some concern from residents of Foxberry that did not want to be connected. She acknowledged that now that the park is developed opinions may have changed. Finke stated that would be a good discussion point as if more land is desired in that area, that should be called out in the plan. Chairperson V. Reid noted that there were also comments regarding connection to Bridgewater. She confirmed the consensus of the Commission to recommend that the additional comments be added in regard to the Fields of Medina Park. Murrin referenced the moving of Highway 101 North and asked what would happen to the existing 101 and whether Peony would connect back up to 101. Finke replied that Peony would merge further north. He stated that the City is opposing that plan from the County. Murrin asked the advantage to keeping it the way it is now. She asked the odds of Medina winning the opposition. Finke replied that the County maintains the roadway and noted that the City did win the opposition in the previous attempt. Chairperson V. Reid referenced language regarding bicycle transportation and asked what would be considered regional destinations. Finke provided examples of major employment centers, schools and parks. Chairperson V. Reid asked for more information on the non -motorized transportation plan. Finke explained that the plan makes more sense when you zoom out as it is a regional plan that provides connections, such as Baker Park, and a broader system in the neighboring communities. He stated that the region has not identified assets to the north and east. He explained that the City would certainly have its own trails in those areas but those would not necessarily connect directly to the regional plan. He provided additional options for transit, noting that although not identified in the plan, the City could work with Plymouth to opt into their transit service. He noted that an additional taxing line item would be included for the transportation system. Kathy Martin noted that there was a survey done of residents and was surprised at the number of residents opposed public transit within the City. She stated that the Commission should be mindful of that opposition if they choose to recommend adding such statement. Chairperson V. Reid provided an example of a handicap resident that is not able to get bus service through Metro Mobility as the City is not a member. She believed that might be an option to explore for senior and handicap bus service. She stated that perhaps a statement be added that the City will explore options for seniors and disabled transportation options. 4 Excerpt of DRAFT Planning Commission Meeting Minutes from Tuesday, December 13, 2016 White asked if the Comprehensive Plan would be the right place for that statement or whether staff should just look at options. It was the consensus of the Commission to amend the statement included in the transportation plan to add a comment regarding transportation for the disabled and seniors. Motion by White, seconded by Albers, to recommend approval the draft Comprehensive Plan as amended. Motion carries unanimously. 5 17 November 2016 CITY OF MEDINA PLANNING COMMISSION 20152 County Road 24 Medina, MN 55340 STEERING COMMIII'I E 20152 County Road 24 Medina, MN 55340 RE: Del!croft Farms, 1722 Hamel Rd., Medina, Minnesota Dear Planning Commission and Steering Committee Members: ON Andrew N. .Jacobson Direct Dial: (612) 672-8333 Direct Fax: (612) 642-8333 andy.jacobson@masion.com As you know our firm represents Dellcroft Farms, LLC ("Dellcroft Farms"). Dellcroft Farms owns approximately 65.88 acres of land north of Hamel Road and west of Arrowhead Drive (the "North Parcel") in Medina. The North Parcel is currently zoned rural residential. As part of the pending revisions to the Comprehensive Plan, Dellcroft Farms believes the Planning Commission should consider guiding the North Parcel (or an appropriate portion of the North Parcel adjacent to Arrowhead Drive) from the current rural residential designation to low density residential (R-1). Leaving the North Parcel zoned as rural residential when it is set between business and industrial zoning to the north and east creates an abrupt transition in the zoning districts. Dellcroft Farms believes that low density residential (R-I) makes more sense for the zoning transition from the adjacent industrial/business zoned areas. Furthermore, considering that the parcel immediately east of Dellcroft Farms across Arrowhead Drive will have approximately 63% hardcover after development is complete, guiding this portion of Dellcroft Farms for low density residential (R-1), would create a more logical and appropriate transition for the abutting zoning districts along Arrowhead Drive and provide insulation between the areas zoned industrial/business and those zoned rural residential. Finally, Dellcroft Farms' concern with the abrupt transition of zoning are similar to the concerns the Excelsior Group made to the Planning Commission on November 9, 2016 in connection with the development of the Wealshire Group's memory care facility on property adjacent to the Excelsior Group's land. Specifically, Delleroft Farms is concerned that the abrupt transition from business and industrial use with dense hardcover on the neighboring property will decrease the value of the North Parcel if it is not allowed to develop its property for low density residential use. Dellcroft Farms appreciates your consideration of its concerns. cc: Thomas Borman, Dellcroft Farms Jeanne Corwin, Dellcroft Farms Mayor Bob Mitchell Dusty Finke, City Planner Sincerely,. Andy,Yacobson 4850-3619-0268.4 MASLON ue , • 7 December 2016 CITY OF MEDINA PLANNING COMMISSION 20152 County Road 24 Medina, MN 55340 RE: Dellcroft Farms,1722 Hamel Rd., Medina, Minnesota Dear Planning Commission: /"R Andrew N. Jacobson Direct Dial: (612) 672-8333 Direct Fax: (612) 642-8333 andyjacobson@masion.com As you know our firm represents Dellcroft Farms, LLC ("Dellcroft Farms"). Dellcroft Farms owns approximately 65.88 acres of land north of Hamel Road and west of Arrowhead Drive (the "North Parcel") in Medina along with approximately 90 acres of land directly south of the North Parcel on the other side of Hamel Road (the "South Parcel"). The North Parcel and South Parcel are each currently zoned rural residential. We request that, in connection with the pending revisions to the Comprehensive Plan, the Planning Commission change the guiding applicable to the easterly 20.5 acres of the North Parcel to low density residential (R-1) in order to create a buffer between the proposed AutoMotorPlex project and the rural residential zoning district. Attached are maps that illustrate the two parcels along with the proposed area for guiding the modification. Please note that Dellcroft Farms is not requesting any change to the guiding of any other portion of the North Parcel or South Parcel. With what appears to be the imminent approval of the AutoMotorPlex project, there will be an abrupt transition of zoning on Hamel Road from business park to rural residential. Dellcroft Farms' concerns with the transition zoning are similar to the concerns the Excelsior Group has in connection with the development of the Wealshire Group's memory care facility on property adjacent to the Excelsior Group's land. Transition zoning makes sense in both contexts in order to create a gradual transition from densely zoned business/industrial use to low density residential use. Furthermore, the applicable portion of the North Parcel will provide for easy extension of the M.U.S.A. utilities, as those utilities service the parcels directly to the north and east of the North Parcel. Leaving the easterly portion of the North Parcel zoned as rural residential when it is set between business and industrial zoning to the north and east creates an abrupt transition in the zoning districts and reduces the value of Dellcroft Farms' property. Dellcroft Farms believes that low density residential (R-1) is both fair and makes more sense for a zoning transition from R-1 to the adjacent industriaUbusiness zoned areas. Note that the AutoMotorPlex parcel will have approximately 63% hardcover after development is complete. While we appreciate the landscape screening that has been added to the project, because of the topography of the site and lack of berms, the efficacy of the proposed landscape screening will be limited. 4835-7262-9309.2 MASLON LLP CITY OF MEDINA PLANNING COMMISSION 7 December 2016 Page 2 We acknowledge that we are requesting changes to the guiding of a portion of the North Parcel late in the Comprehensive PIan update process. However, note that we would have requested these changes earlier had we known about the proposed AutoMotorPlex project. Dellcroft Farms' request for the reguiding are a direct result of the dramatic change along Arrowhead Drive that will result from the AutoMotorPlex project. Dellcroft Farms appreciates your consideration of its request for re -guiding a portion of the North Parcel. Sincerely, Andy J,2lcobson Enclosures cc: Thomas Borman, Dellcroft Farms Jeanne Corwin, Dellcroft Farms Mayor Bob Mitchell Dusty Finke, City Planner MASLON LLP Hennepin County Property Map PARCEL ID: 1011823430001 OWNER NAME: Dellcroft Farms Lllp PARCEL ADDRESS: 1975 Hamel Rd, Medina MN 55340 PARCEL AREA: 89.79 acres, 3,911,425 sq ft A-T-B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Farm HOMESTEAD: Non -Homestead MARKET VALUE: $558,000 TAX TOTAL: $5,748.40 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Farm HOMESTEAD: Non -homestead MARKET VALUE: $487,300 Date: 12/5/2016 Comments: Dellcroft Farms Property - North and South Parcels This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT ©HENNEPIN COUNTY 2016 Hennepin County Property Map PARCEL ID: 1011823410001 OWNER NAME: Dellcroft Farms Lllp PARCEL ADDRESS: 1722 Hamel Rd, Medina MN 55340 PARCEL AREA: 65.88 acres, 2,869,803 sq ft A-T-B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Farm HOMESTEAD: Non -Homestead MARKET VALUE: $507,200 TAX TOTAL: $5,225.06 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Farm HOMESTEAD: Non -homestead MARKET VALUE: $441 ,400 Date: 12/5/2016 Comments: East 20.5 Acres of North Parcel This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2016 ifiJc Housing Justice Center Public Interest Legal Advocates December 1, 2016 Scott Johnson, City Administrator Dusty Finke, City Planner Debra Peterson, Associate Planner City of Medina 2052 County Road 24 Medina, MN 55340 RE : Medina Comprehensive Plan/Affordable Housing Element Dear Mr. Johnson, Mr. Finke, and Ms. Peterson: The Housing Justice Center (HJC) is a public interest law firm dedicated to preserving and expanding the supply of affordable housing. As local governments around the metro area update their comprehensive plans for 2018, we are monitoring these efforts, to ensure that local governments adopt housing policies in their comprehensive plans that fully comply with statutory requirements and lead to increased affordable housing production. As a part of our advocacy, we have been following Medina's progress on its comprehensive plan update, which we understand could be ready for jurisdictional review by January 2017. We have specifically reviewed your draft of "Chapter 4: Housing and Neighborhoods" and wanted to draw your attention to concerns our organization has about Medina's affordable housing implementation program. As the City notes in Chapter 4, Medina is growing and is committed to providing opportunities for a diversity of housing at a range of costs to support residents at all stages of their lives. We are pleased to see the City making this commitment but the City's track record on affordable housing and the perfunctory nature of its draft housing implementation plan call this commitment into question. As the plan itself reveals, the City has made little progress in constructing new affordable housing. From 2010-2015, Medina issued no building permits for multifamily housing units. (Ch.4, pg. 1). According to current Met Council data, Medina has a need for 506 new affordable units between 2011 and 2020. At this point, halfway through that ten year period, Medina has produced 26 affordable units, which is 5% of its need when it should be at the 50% mark to be on schedule. These figures demonstrate that Medina's present approach to affordable housing production is not working. Unless the City adopts more effective approaches to affordable housing production in its 570 Asbury Street, Suite 104 • Saint Paul, MN 55104 • tel: 651.642.0102 • fax: 651.642.0051 Dedicated to expanding and preserving the supply of affordable housing in Minnesota and nationwide comprehensive plan, Medina will fall even further behind during the next decade, when Medina will have a need for an additional 253 affordable units for 2021-2030. The cty's experience with Medina Woods Townhomes also suggests room for improvement on how the city approaches affordable housing. As you know, the City Council withdrew its support from Dominium's original proposal in the face of strong community opposition, forcing Dominium to return with an altered proposal. That community opposition was largely based upon fears around property values and crime, concerns which evidence has largely discredited. The altered proposal was reduced to 26 units in order to not require a rezoning, and could no longer count on a waiver of sewer and water connection fees by the city. Those two factors, plus the resulting increased construction costs and architectural fees due to redesign, drove up project costs dramatically. Minnesota Housing calculated that project costs per unit had increased by $85,919 as a result of the Cty's actions. This substantially increased the drain on state and federal housing resources, reducing the funding available to produce additional affordable units elsewhere in the region. The city's housing element of its comprehensive plan is an opportunity to ensure this unfortunate result does not repeat itself. We would urge the city to review and incorporate strategies from other cities that have successfully overcome community opposition, for example the City of Carver. Our biggest concern is with the City's discussion of Affordable Housing programs, starting on p. 4-6. When the draft chapter does address how a program may be used, it simply states the City "should develop" a policy; for example; the chapter states that Medina "should develop" a tax abatement policy, a tax increment financing policy, and a fee waiver or reduction policy. This is not a plan; it is a document saying there should be a plan. We were part of a working advisory group that drafted the regional Housing Policy Plan. One of the problems the group sought to address was the tendency toward vague and noncommittal housing implementation plans. Too often cities included language in their past plans indicating they would consider certain policies, and nothing more. In our review of subsequent action on those plans, the most common pattern was that such policy ideas remained on the shelf, never to be considered again. Changing this pattern of vagueness and inaction became a major theme of the Housing Policy Plan. According to the Plan, guiding land at higher densities alone is insufficient to meet the existing or projected needs for affordable housing. Complete implementation programs must identify a community's `public programs, fiscal devices, and other specific actions to be undertaken in states sequence.' (Minn. Stat. § 473.859, Subd. 4) to meet housing needs as stated in statute, and clearly and directly link which tools will be used, and in what circumstances, to explicitly address the needs previously identified. 570 Asbury Street, Suite 104 • Saint Paul, MN 55104 • tel: 651.642.0102 • fax: 651.642.0051 Dedicated to expanding and preserving the supply of affordable housing in Minnesota and nationwide The Met Council has elaborated on this further in the Local Planning Handbook for cities. In the section on "Housing : Linking Tools to Needs", the Council emphasizes the importance of considering any and every tool at a city's disposal to address the community's housing needs. The handbook then sets out a table as an example. Rather than simply stating that the city should consider a particular tool, the table repeatedly indicates "we will explore" tool XYZ and then sets a time deadline for documenting and completing decisions on the tool in question. Medina's plan should follow this format. Of course the City may need to engage in further analysis and discussion with respect to some of the policy tools or investments under consideration; the point is to commit to completing that work and doing so by a particular date. Furthermore, in addition to this limited review of the cited affordable housing production programs, several of the recognized tools and resources to address housing needs, which are listed in the Metropolitan Council's local planning handbook, go unaddressed in Medina's housing chapter. If the city has intentionally rejected those other tools, the Plan should say why; if not, the Plan should address them. Medina's draft affordable housing implementation program, which begins on page six of its draft housing chapter, does not state the affordable housing programs in which the City presently participates and what programs the City will use to meets its 2021-2030 allocation of affordable housing need. For example, the draft chapter states that "The City already partners in a number of the programs in order to support affordable housing." (Ch. 4, pg. 6). However, the chapter does not list what these programs are. The chapter does say that Hennepin County participates in several of the listed programs (for example, Community Development Block Grants, HOME Funds, Neighborhood Stabilization Program), but Medina's individual relationship with these programs and Hennepin County's administration of them is omitted. Does Medina have a history with these programs? How will the City work with Hennepin County to administer these programs locally in order to build new affordable housing units? These questions are unanswered in the City's draft housing chapter. Even as simple a commitment as stating the city will actively seek out and solicit affordable housing developers would be a constructive action to take. The city's Housing Chapter also addresses the city's obligation to guide land for higher density residential development by identifying three sites that would be zoned so as to allow for meeting the city's need allocation of 253 units. The minimum number of units planned for those three sites totals 273 units, which means 93% of those units would have to be affordable. Unless the city envisions at least 93% of housing units on those sites being affordable, it would appear the city should be planning for a greater number of total units on those sites, with correspondingly higher minimum densities. (Housing Policy Plan, pg. 113). In its present form, Medina's draft housing chapter does not meet the statutory and Council standard for an adequate implementation plan. Without a more detailed analysis of the recognized tools and resources to address housing needs, Medina's housing chapter will be found inadequate and, more importantly, the chapter will not provide city staff, elected officials, residents, and other interested parties with a blueprint for how Medina will meet its 253- unit allocation of affordable housing need for 2021-2030. 570 Asbury Street, Suite 104 • Saint Paul, MN 55104 • tel: 651.642.0102 • fax: 651.642.0051 Dedicated to expanding and preserving the supply of affordable housing in Minnesota and nationwide Housing Justice Center is committed to ensuring that all metro cities adopt robust affordable housing implementation plans designed to produce new affordable housing units and meet their share of affordable housing need. In its present form, Medina's draft housing chapter does not meet that standard. We urge the City to strongly consider these changes, and we would be happy to help in any way we can. Sincerely, Tim Tho President . nd Se or Attorney Housing Ju ' - - enter 570 Asbury Street, Suite 104 • Saint Paul, MN 55104 • tel: 651.642,0102 • fax: 651.642,0051 Dedicated to expanding and preserving the supply of affordable housing in Minnesota and nationwide 12/9/2016 City of Medina 2040 Comprehensive Plan Public Hearing Planning Commission — December 13, 2016 MEDINA Why do we have a Comp Plan anyways? • Sets the Vision and Goals of the City • Guides Growth and Development • Informs City Investments — Transportation — Sewer — Water — Parks and Trails • Informs City policy ▪ Because we have to... — State Law requires metro cities to update plans every 10 years — Deadline is December 31, 2018 1 12/9/2016 Process to Date • 15 month effort • Eight community meetings — Kick-off Event at Celebration Day (Sept. 2015) — Visioning Event (Nov. 2015) — Community Meetings (May 2016) — Celebration Day Info Booth (Sept. 2016) — Open Houses (Oct. -Nov. 2016) • Series of 13 Steering Committee Meetings • 4 Concurrent City Council/Planning Commission • Electronic involvement via "mySidewalk" — https://medinacompplan.mysidewalk.com/ Primary Policy Drivers • Plan required to be consistent with Met Council System Statements • Minimum residential development — 951 new households — City is required to allow and plan for a minimum of 951 new households — 40%-50% reduction from what has been previously planned • Minimum higher density housing — 253 units — 253 of the units are required to be 8 units/acre • Minimum overall average density-3 homes/acre — Average of new development is required to be > 3 units/acre — Some areas can be planned for lower, made up with more density elsewhere 2 12/9/2016 Vision Statement Medina is a community united by a common goal: to sustain and enhance the quality of life of its residents. Medina will protect its significant natural resources and open space throughout the City, while honoring its rural heritage and fostering safe and well -designed neighborhoods, places of recreation and destinations for citizens to gather. Development within the City will be commensurate with available transportation systems, municipal services and school capacity. Community Goals Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote the rural character of Medina. Protect and enhance the environment and natural resources throughout the community. Encourage and incent innovative and environmentally friendly approaches to planning, engineering and developmen Expand urban services only as necessary to accommodate regionally forecasted residential growth, desired business opportunities and achievement of other Community Goals. Develop at a sustainable pace proportionate with capacity of schools and transportation, water supply and wastewater infrastructure available to the City. Spread development so that it is not geographically concentrated during particular timeframes. Promote public and private gathering places and civic events that serve the entire community. Preserve and expand trails and parks to provide community recreational facilities, connect neighborhoods, and encourage healthy lifestyles of its residents. Provide opportunities for a diversity of housing at a range of costs to support residents at all stages of their lives. Encourage an attractive, vibrant business community that complements the residential areas of the City. Maintain its commitment to public safety through support of the City's police department and coordination with its contracted volunteer fire departments. Manage the City through prudent budgeting processes, retaining a skilled and efficient staff and long-range planning ano financial management. 3 12/9/2016 Primary Changes from 2010-2030 Plan • Significant reduction of property planned for residential development — Some property removed from MUSA and designated Rural Residential — Some property guided Business instead of residential • Delay for some residential development • Expanded residential development at Medina Road and Brockton/Hunter • High density housing planned in southwest corner of City IRj l �L% MEDINA l — J — f '- � r ,A..r� S + — °iy ; N1ap5.2 Future Band Use Plan DRAFT 12l0812016 - 7 d h 4 - �� �-wq i - I Yt _ - futon uM U. ana tMI im a Imo. Dm.,e IMI ^ik* ate . , =um w.e.... AM1.1[1.mWC. cam. m = RIP, Cwmrcr..Y = . ,..se. __- IMI.y, 0,.411mu. 1.0 ,.. 1.11 c...e. soma, u.a, o 1125 us � A%1.s 4 12/9/2016 11.45DINA Development and Growth Plan DRAFT 1218/2016 Lewd Cure ...al. A aar Mak Ia.. 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Implementation Zoning Changes — Mixed Residential — Adjust density for MDR and HDR — Amend zoning map consistent with future land us — Uptown Hamel — adjust residential requirements — Commercial — scale/compatibility of Highway 55/Tamarack — Review environmental regulations • Capital Improvement Program 6 12/9/2016 Sanitary Sewer Improvements Key takeaways: • Upsize gravity line at Hamel & Hunter Lift Stations at Willow Or and at Mohawk fh ($4510,000 each) Draft Figure 7.2: Sanitary Sewer Improvements - Hamel Medina Wastewater Plan Medina, MN Cwri WSB Trunk 'Water System Beyond 2040: • 500,000 gallon Loretto area Waler Tower ($1.700.000) Key takeaways: • New 1,41:0,000 gallon Water Tower alter 2020 (S3.000.000) • Water Treatment Plant Expansion by 2040 ($1.600.000) Revised uitirnate Trunk Water System. Map • ram.. n. ootrd...,.ew o...be. . ft., WSB ar> 7 12/9/2016 Figure 10.11: Fxecuifve Summary of Trampertation Strategies Medina Transportation Plan ed Ina, MN Next Steps • City Council Review: January 17, 2017 • Jurisdictional Review: March -August 2017 • Met Council Review: October -December 2017 Potential Adoption: December 2017-January 2018 8 2040 Comprehensive Plan Open Houses Comment Card MEDINA 1. What are your thoughts and impressions on the draft Comprehensive Plan update? 2. What, if any, changes would you suggest the Steering Committee, Planning Commission, and City Council consider? 3. Do you have any questions on the Plan? 4. Other comments: Name: Address: Please contact me regarding my questions above 60/4/‘', R61( lg� GF(i ��A � Phone: �- V-2-')- 4,c,-7 Email: C /2c), 76'5 14-1,4 fL . Comments can be submitted to City Planner Dusty Finke at dusty.finke@ci.medina.mn.us or at the mySidewalk online forum: https://medinacompplan.mysidewalk.com/ 2040 Comprehensive Plan Open Houses Comment Card MEDINA 1. What are your thoughts and impressions on the draft Comprehensive Plan update? 2. What, if any, changes would you suggest the Steering Committee, Planning Commission, and City Council consider? ten-- 3. Do you have any questions on the Plan? 4. Other comments: Please contact me regarding my questions above Name: a.A.Z- 'Z'' Phone: 7 6. 3 '77, - 9 3T3 a Address: �l c9-v Email: Comments can be submitted to City Planner Dusty Finke at dusty.finke@ci.medina.mn.us or at the mySidewalk online forum: https://medinacompplan.mysidewalk.com/ 2040 Comprehensive Plan Open Houses Comment Card MEDIINA . What are your thoughts and impressions on the draft Comprehensive Plan update? 2. What, if any, changes would you suggest the Steering Committee, Planning Commission, and City Council consider? ao o p`ti_o--x� 3. Do you have any questions on the Plan? 4. Other comments: Please contact me regarding my questions above Name: 10071. -,F /(�iy / ,� Phone: 4)l " 5 5' 7 Address: �o ot&,-r-Lge,os Email: Comments can be submitted to City Planner Dusty Finke at dusty.finke@ci.medina.mn.us or at the mySidewalk online forum: https://medinacompplan.mysidewalk.com/ From: mlamberty22@gmail.com Sent: Tuesday, November 1, 2016 3:33 PM To: Dusty Finke Cc: bob.mitchell@ci.medina.mn.us; Doug Dunlay; Lou & Reid Johnson; Lou & Reed Johnson; Bill & Tamara Freeland; Ken & Elizabeth Bechler; Tim Whitten Subject: Arrowhead Drive Zoning/Staging Hi Dusty, I am writing to reaffirm our commitment to rezone the 5 properties along Arrowhead Drive to a Low Density Staged 2020 or sooner as described in the current proposed comp and staging plan. It is my understanding our properties have been designated for Medium Density since 2006 with 2016 staging - a designation made by the council at a time when Bridgewater first opened. Our request is consistent with city objectives and market demands for Lower Density housing in our area and we are amenable to the delayed staging of 2020 or earlier. Dusty, our properties are no longer situated in a Rural Residential environment. We are literally being surrounded by residential, Business and Commercial development that depreciates both our Rural Residential lifestyle and our property value. During one council meeting you referenced Rural Residential residents complaining about no longer having the same quality of life when surrounded by developments. We won't speak for others however I will tell you what we have experienced. My wife and I acquired 12.3 acres in 1993, installed septic and a well and have maintained a private road at our own expense when we obviously could have purchased a more substantial house on a 1/3 acre lot had we chosen a neighborhood lifestyle. Currently, our entire western property line has a blacktop path with strangers walking through what used to be our yard, the western property line also borders a proposed Business Development Staged 2018. We used to see stars to the north, occasionally we could see the northern lights. Now the majority of our northern property line adjoins the rear of the Bridgewater development. Ambient light shows through from OSI to our southwest, yard and house lights show to our southeast. Recently, we found a used needle and syringe in the landscaping on our side of the path (no more getting the mail without shoes on) and I was called a F_ING A_HOLE for asking someone to stop driving his 4-wheeler on our property - property that is posted as Private Drive/No Trespassing in 3 locations. Please share this with other members of the Council. Thank you, Mark & Tracey Lamberty 4250 Arrowhead Drive Sent from Mail for Windows 10 Dusty Finke From: mlamberty22@gmail.com Sent: Tuesday, November 01, 2016 3:34 PM To: Dusty Finke Cc: B Mitchell; Doug Dunlay; Lou & Reid Johnson; Lou & Reed Johnson; Bill & Tamara Freeland; Ken & Elizabeth Bechler; Tim Whitten Subject: Arrowhead Drive Zoning/Staging Hi Dusty, I am writing to reaffirm our commitment to rezone the 5 properties along Arrowhead Drive to a Low Density Staged 2020 or sooner as described in the current proposed comp and staging plan. It is my understanding our properties have been designated for Medium Density since 2006 with 2016 staging - a designation made by the council at a time when Bridgewater first opened. Our request is consistent with city objectives and market demands for Lower Density housing in our area and we are amenable to the delayed staging of 2020 or earlier. Dusty, our properties are no longer situated in a Rural Residential environment. We are literally being surrounded by residential, Business and Commercial development that depreciates both our Rural Residential lifestyle and our property value. During one council meeting you referenced Rural Residential residents complaining about no longer having the same quality of life when surrounded by developments. We won't speak for others however I will tell you what we have experienced. My wife and I acquired 12.3 acres in 1993, installed septic and a well and have maintained a private road at our own expense when we obviously could have purchased a more substantial house on a 1/3 acre lot had we chosen a neighborhood lifestyle. Currently, our entire western property line has a blacktop path with strangers walking through what used to be our yard, the western property line also borders a proposed Business Development Staged 2018. We used to see stars to the north, occasionally we could see the northern lights. Now the majority of our northern property line adjoins the rear of the Bridgewater development. Ambient light shows through from OSI to our southwest, yard and house lights show to our southeast. Recently, we found a used needle and syringe in the landscaping on our side of the path (no more getting the mail without shoes on) and I was called a F_ING A_HOLE for asking someone to stop driving his 4-wheeler on our property - property that is posted as Private Drive/No Trespassing in 3 locations. Please share this with other members of the Council. Thank you, Mark & Tracey Lamberty 4250 Arrowhead Drive Sent from Mail for Windows 10 Dusty Finke From: Debra Peterson Sent: Tuesday, November 01, 2016 9:46 AM To: Scott Johnson Cc: Dusty Finke Subject: FW: 2040 Comprehensive Plan Open House Comments below. Vgbra P¢tgrson fIssociatg Planngr City of Medina From: Vicki Rahn [mailto:vrassbachrahn@gmail.com] Sent: Friday, October 28, 2016 9:21 AM To: Debra Peterson Subject: 2040 Comprehensive Plan Open House Hi Debra, Per our discussion, I am sending a quick note regarding County Road 116. I live in Foxberry Farms and have been concerned about the 55 mph speed limit that is currently posted. Sometimes I along with other neighbors feel like we are taking a huge risk driving in and out of our neighborhood with drivers coming from the North on Co Rd 116 in the evening and heading South on Co Rd 116 in the morning. 1. There is a passing lane heading North, however people somehow feel inconvenienced moving over or try to get as close to possible to a non-moving vehicle trying to turn left in to our neighborhood - this has become an epidemic. 2. Vehicles on Co Rd 116 tend to block our entrances in the morning rush hour so we can not get out of our neighborhood. (This has become less of a problem with the 21eft turn lanes onto Hwy 55 East). I feel a solution would be to adjust the speed limit from 55 mph + to 35 mph between Hwy 55 and Hackamore Road. (This area has a high number of residents trying to get on to and off of Co Rd 116) I shouldn't feel like I am taking my life in my own hands most or the time I try to get back in my own neighborhood with the distracted, inattentive drivers behind me going 55 mph+. Thank You For Your Consideration. Vicki Rahn 900 Sunset Court Medina, MN 55340 i How has Medina's land use plan changed? 2030 Future Land Use Map 2040 Future Land Use Map Map 5-2 MEDINA Future Land Use Plan Guide Plan Rural Residential - Agriculture Developing -Post 2030 Low Density Res 2.0 - 3.49 U/A Medium Density Res 3.5-6.99 U/A _ High Density Ras 7 - 30 U/A - Mixed Use 3.5 - 6.99 U/A - Mixed Use - Business 7 - 45 U/A - Commercial _ General Business Industrial Business Private Recreation (PREC) - Parks and Recreation - P-R - State or Regional Open Space - Public Semi -Public 0 U/A Closed Sanitary Landfill Right -of -Way /� 'This map is not perfectly precise. Actual boundaries may vary, and should be field verged. Last Amended: May 21, 2013(CPA 2030-4) Adopted: November 17, 2009 UTM, Zone 15N, NAD 83 Scale: 1:30,000 MEDINA Future Land Use Plan DRAFT 08/30/2016 Legend Future Land Use Rural Residential _ Agricultural Future Development Area I Low Density Residential II j Medium Density Residential - High Density Residential Mixed Residential - Uptown Hamel - Commercial - Business Rural Commercial - Institutional Private Recreational I= Park, Recreational, and Open Space - Closed Sanitary Landfill Wetland Locations 1..--;="1 Wetland Locations Map Date: September 13, 2016 Miles Trunk Water System PA;ent.el Sur re 0.50 MG Elev Tan Ile XWL: 119S Beyond 2040: • 500,000 gallon Loretto area Water Tower ($1,700,000) future Served eV Made P a JXemel Pressure one Future Ala P assure 20 Exluug 0.4 MG E c Tank HWL: 1165 wedina Indepen trace Beam Water System Served by Medea !laming Water Syltem r+xcert 1.0 MG W a4tr Stnraee Faulltq Prytentrdl Future Wells In Esssra Well Ewald Key takeaways: • New 1,000,000 gallon Water Tower after 2020 ($3,000,000) • Water Treatment Plant Expansion by 2040 ($1,600,000) MEDINA Revised Ultimate Trunk Water System Map • Falalreg Weft Etieting Syilere /v' lawn a sveeesn. 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Map Date: October 24, 2016 Scale: 1:30,000 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: December 27, 2016 SUBJ: Planning Department Updates — January 3, 2017 City Council Meeting Land Use Application Review A) Olkon Variance and Preliminary Plat — 2362 Willow Drive — Ellis and Nancy Olkon have requested a variance from the minimum suitable soils requirements to subdivide their 20 acre property into two lots. The Planning Commission reviewed the variance request at the September 13 meeting and unanimously recommended denial. The City Council reviewed the variance request on November 1 and directed staff to prepare a resolution of denial. The resolution was approved on December 20. Staff will also schedule a public hearing on the preliminary plat at the January 10 Planning Commission meeting. B) Woodridge Church Site Plan Review — 1500 County Road 24 — Woodridge Church has requested a lot combination, conditional use permit amendment, site plan review, and interim use permit for construction of a 15,085 square foot addition to the north side of the existing building. The Planning Commission held a public hearing on the lot combination, CUP interim use permit and Site Plan at their Monday, December 19, 2016 meeting, and is scheduled to hold a hearing on the Comp Plan Amendment and rezoning on January 10. C) Marx CD PUD Concept Plan — 2700 and 2900 Parkview Drive — Wally and Bridget Marx have requested review of a concept plan for a 61ot conservation design subdivision on approximately 90 acres. The applicant proposes 51.58 acres (10 buildable acres) of conservation. The Planning Commission is scheduled to hold a public hearing on the request at their January 12 meeting. D) Lunski Senior Community Concept Plan — North of Highway 55, East of Willow Drive (PID 03-118-23-32-0007) — Lunski, Inc. has requested review of a Concept Plan for development of an approximately 126 unit senior living community to include independent and assisted living units. The applicant is considering changes to their plan and has requested a delay in review. The Planning Commission is tentatively scheduled to hold a public hearing on the request at their January 12 meeting. E) Three Rivers Park/We Can Ride CUP — 4301 County Road 24 — Three Rivers Park District and We Can Ride have requested a conditional use permit amendment to allow We Can Ride, a nonprofit that provides programming to individuals with disabilities or special needs, to occupy the stable previously utilized by Three Rivers Park mounted patrol. The Planning Commission is tentatively scheduled to hold a public hearing on the request at their February 14 meeting. F) AutoMotorPlex PUD General Plan and Plat — east of Arrowhead Drive, north of Hamel Road — Bruno Silikowski has requested review of a PUD General Plan and Plat for construction of approximately 237,500 square feet of private garage condominiums for motorsports enthusiasts. The Planning Commission held a Public Hearing at the October 11 Planning Commission meeting and recommended approval 6-1. The City Council granted approval on December 20. Staff will work with the applicant on the conditions of approval for construction to begin in the spring. Planning Department Update Page 1 of 2 January 3, 2017 City Council Meeting G) Capital Knoll Final Plat — 1575 Hamel Road — Princeton Capital has requested final plat approval of a three lot rural subdivision. The Council granting final approval at the December 20 meeting. Staff will work with the applicant on the conditions of approval so the plat can be recorded. H) Just for Kix, Hamel Brewery, St. Peter and Paul Cemetery, Wright -Hennepin Solar Panels —The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. I) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting a final plat application J) Deerhill Preserve, Hamel Haven subdivisions — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before construction begins. Other Proiects A) Comprehensive Plan — The Planning Commission held the Public Hearing on the 2020-2040 Comprehensive Plan update at the December 13 meeting. Following the hearing, Commissioners discussed all chapters of the plan and recommended a number of changes. Following discussion, the Commission unanimously recommended approval of the Plan. Staff intends to present the Plan for City Council review at the January 3 meeting. B) Minnehaha Creek Subwatershed Meetings — staff attended two meetings hosted by the Minnehaha Creek Watershed District. The District is hosting a meeting for each subwatershed in connection with its Comprehensive Plan. All cities within each subwatershed were invited to the meetings. Minnehaha Creek Watershed District staff indicated that the District is interested in a collaborative planning process and working with cities to meet common goals. Planning Department Update Page 2 of 2 January 3, 2017 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 non -emergency: 763-525-6210 MEMORANDUM Emergency 9.1_1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: December 29, 2016 RE: Department Updates WMDT Update On December 22nd we held our year end meeting with the West Metro Drug Taskforce at our office. The taskforce continues to be very busy. The focus is still the local cases affecting our local schools and communities. The investigators continue to do a great job but the cases never seem to slow. We have made several arrests in the last month involving suspects selling drugs in our schools. We continue to battle the heroin epidemic in our area. The meth issue continues to be a problem with several large seizures occurring in the last two months. We have seen several forfeitures clear the courts in the last month. The board approved a reimbursement of $20,000 per agent to the cities in February of 2017. In January I will have the summary of the year end numbers for 2016. Hennepin County Radio I had no luck with Motorola trying to get the same deal as they offered Hennepin County. Erin calculated the finance cost on the lease purchase plan through Hennepin County; the finance cost would be $11,458 over the seven years; this is on top of the cost of the radios. John Gunderson, Hennepin Radio Project Manager, does not expect the deal with Motorola to go forward until the second quarter of 2017. Officer Gregory with our department, who is our radio rep on the Radio SOP Committee, informed me that at the last Radio SOP meeting it was reported that the new Motorola APX radios, the type we are looking at purchasing, are having technical problems. My recommendation is to maintain the current radios and evaluate the offer later in 2017. I hope everyone had a Merry Christmas and Happy New Year! Patrol by Sergeant Jason Nelson - On vacation Investigations by Investigator David Hall On December 16, 2016, a business in the Hamel area reported that 12 tires and rims were stolen from vehicles in their lot overnight. At this time there is no suspect information or evidence for further investigation. On December 17, 2016, an individual in Loretto reported a theft of a motor vehicle from outside a business. The vehicle was unlocked and the keys were in it. The vehicle has been entered as stolen and some suspicious circumstances surrounding the incident are being investigated. On December 21, 2016, a complaint of a threat by phone call was reported. The complainant provided a statement and phone number. The suspect has been identified and spoken to by phone. Case to be forwarded to the Hennepin County Attorney's Office should the complainant wish to proceed. On December 21, 2016, a credit card fraud was reported at a business in the Hamel area. Video surveillance was obtained and the suspect has been identified. Further follow up to be completed. There are a total of 10 open investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: December 27, 2016 MEETING: January 3, 2017 SUBJECT: Public Works Update STREETS • More snow and some added ice for fun. Public works was out twice over the Christmas Holiday weekend. I don't believe there is anything more challenging, and at the same time nerve racking, than driving a 50,000+ truck on ice. Over Christmas we had two ice events, both in the early morning hours. I am happy to say all vehicles and personnel returned in one piece. Santa was late for some, but he did eventually show up. • The road conditions currently are in good shape. There are some spots of ice, but nothing critical. WATER/SEWER/STORMWATER • The final pay request for the Well #8 pump house project is in the packet. The project went well and is now complete. • The bids for the water tower have been sent out, and we will be opening them up in late January. • There have been two utility meetings in relation to the 116/55 project. There are a lot of utilities located in that area and some careful planning is being done to try to avoid any interruptions for our businesses in the project area. PARKS/TRAILS • Hamel Legion Park is busier than I have ever seen it. The ice is good and there is snow on the hill for the kids to use while on Christmas vacation this week. • With winter activities there is always a risk of someone falling or slipping on ice or snow in our parks, trails, or skating rinks. Public works does what it can to reduce these events. The recent ice storms have iced up a lot of areas on the trails. PW will do its best to reduce the risk by applying some sand to the worst areas. MISCELLANEOUS • I will be out of town from January 11th through the 15th • It's been a great year for PW. A lot has been accomplished and we are looking for another big year in 2017. ORDER CHECKS DECEMBER 20, 2016 - JANUARY 3, 2017 045312 RON DAHL $150.00 045313 ENCLAVE MASTER ASSN $250.00 045314 HAISLET, PERRY/LEANN $9.52 045315 US HOME CORP $10,000.00 045316 STEWART TITLE COMPANY $29.65 045317 STUEVE, CARLA $150.00 045318 CASH $153.73 045319 FRANK, DEB & BRAD $500.00 045320 GREAT START MONTESSORI SCHOOL $210.00 045321 HAMEL VOLUNTEER FIRE DEPT $30,000.00 045322 HUSTON, CHERYL $250.00 045323 KOCHS KORNER, LLC $150.00 045324 ROTH, ROBYN $250.00 045325 LAHO, KATHY $150.00 045326 MATTILA, ANDREA $250.00 045327 VEE, DENNIS $500.00 045328 ABM EQUIPMENT & SUPPLY $991.64 045329 ADAM'S PEST CONTROL INC $59.00 045330 ALTERNATIVE BUSINESS FURNITURE $2,161.00 045331 ASPEN MILLS INC $1,436.65 045332 BEAUDRY OIL & PROPANE $1,338.40 045333 BEN & VESKO MOVING COMPANY $120.00 045334 BOYER FORD TRUCKS INC $158.99 045335 COMMUNICATIONS SYSTEMS SPECIAL $15,506.60 045336 CRYSTEEL TRUCK EQUIPMENT $26.00 045337 ECM PUBLISHERS INC $150.40 045338 GALLS/QUARTERMASTER $171.28 045339 HAMEL LIONS CLUB $1,270.00 045340 HENN COUNTY INFO TECH $923.41 045341 HOLIDAY FLEET $23.65 045342 KENNEDY & GRAVEN CHARTERED $15,295.80 045343 LARKIN AUTO $398.11 045344 MARCO INC $30.97 045345 METRO WEST INSPECTION $1,535.66 045346 MIDWEST ASPHALT CORPORATION $1,592.50 045347 MUNICIPAL BUILDERS INC $31,563.10 045348 NAPA-GENUINE PARTS CO $155.30 045349 NAPA OF CORCORAN INC $112.64 045350 NORTHWEST ASSOC CONSULTANTS $368.00 045351 OFFICE DEPOT $161.03 045352 RANDY'S SANITATION INC $100.00 045353 TEGRETE CORP $156.00 045354 TIMESAVER OFFSITE $236.50 045355 TKDA $1,514.36 045356 WESTSIDE WHOLESALE TIRE $20.00 045357 WSB & ASSOCIATES $39,036.00 045358 AMERICAN WATER WORKS ASSN $315.00 045359 BANYON DATA SYSTEMS $3,550.00 045360 CANADIAN PACIFIC RAILWAY $150.00 045361 DELANO SPORTSMANS CLUB $500.00 045362 LAW ENFORCEMENT LABOR $392.00 045363 LAW ENFORCEMENT TECH $8,378.19 045364 LEAGUE OF MINNESOTA CITIES $125.00 045365 METRO ELEVATOR INC $175.00 045366 MN RURAL WATER ASSOC $275.00 045367 ROLF ERICKSON ENTERPRISES INC $7,617.95 045368 TEGRETE CORP $1,216.00 Total Checks $182,310.03 ELECTRONIC PAYMENTS DECEMBER 20, 2016 — JANUARY 3 2017 003958E AFLAC $394.88 003959E CULLIGAN-METRO $32.75 003960E KONICA MINOLTA $168.48 003961E MARCO (LEASE) $1,141.40 003962E MEDIACOM OF MN LLC $219.90 003963E WRIGHT HENN COOP ELEC ASSN $1,961.77 003964E SELECT ACCOUNT $619.60 003965E DELTA DENTAL $2,538.70 003966E DELTA DENTAL $2,368.90 003967E MINNESOTA, STATE OF $943.00 003968E ELAN FINANCIAL SERVICE $3,010.48 003969E SELECT ACCOUNT $712.31 003970E PR PERA $13,935.13 003971E PR FED/FICA $15,995.27 003972E PR MN Deferred Comp $2,335.00 003973E PR STATE OF MINNESOTA $3,258.22 003974E SELECT ACCOUNT $693.02 003975E CITY OF MEDINA $21.00 003976E FARMERS STATE BANK OF HAMEL $20.00 Total Electronic Checks $50,369.81 PAYROLL DIRECT DEPOSIT DECEMBER 28, 2016 507627 ALTENDORF, JENNIFER L $1,314.63 507628 BARNHART, ERIN A. $1,965.72 507629 BELLAND, EDGAR J $2,522.48 507630 BOECKER, KEVIN D. $2,739.26 507631 CONVERSE, KEITH A $1,952.19 507632 DINGMANN, IVAN W $1,850.66 507633 ENDE, JOSEPH $1,707.29 507634 FINKE, DUSTIN D. $2,110.32 507635 GALLUP, JODI M $1,667.36 507636 GLEASON, JOHN M. $2,355.10 507637 GREGORY, THOMAS $1,809.41 507638 HALL, DAVID M. $2,285.89 507639 JESSEN, JEREMIAH S $2,266.67 507640 JOHNSON, SCOTT T. $2,226.39 507641 KLAERS, ANNE M $1,116.32 507642 LANE, LINDA $1,506.21 507643 LEUER, GREGORY J. $1,865.79 507644 MCGILL, CHRISTOPHER R. $1,435.56 507645 MCKINLEY, JOSHUA D $1,673.87 507646 NELSON, JASON $2,056.01 507647 PETERSON, DEBRA A $1,614.29 507648 REINKING, DEREK M $1,984.53 507649 SCHARF, ANDREW $613.92 507650 SCHERER, STEVEN T. $2,259.53 507651 SWALCHICK, CRAIG M $1,378.09 507652 VIEAU, CECILIA M. $1,122.28 Total Payroll Direct Deposit $47,399.77