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03.03.2015 City Council Meeting Packet
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, March 3, 2015 7:00 P.M. Medina City Hall 2052 County Road 24 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 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the February 17, 2015 Special Council Meeting B. Minutes of the February 17, 2015 Regular Council Meeting V. CONSENT AGENDA A. Approve American Legion Consumption and Display Liquor License B. Approve Site Lease Agreement with Verizon Wireless C. Approve Dismantle and Removal Services Agreement with Iseler Demolition, Inc. D. Appoint Part-time Temporary Planning Office Assistant E. Resolution of Support for the Three Rivers Park District Baker/Carver Regional Trail Master Plan VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Minnehaha Creek Watershed District Update — Peter Rechelbacher VIII. NEW BUSINESS A. Property Resources Development Corporation — PUD Concept Plan for a Conservation Design Subdivision of 42 lots on 170 gross acres located east of Homestead Trail and west of Deerhill Road IX. X. XI. XII. B. Wakefield Limited Partnership, LLLP - Final Plat — 3385 County Road 24 1. Resolution Approving the Final Plat of Wakefield Valley Farm C. Subsurface Sewage Treatment Systems (SSTS) Regulations — Discussion 1. Ordinance Regarding Subsurface Sewage Treatment Systems Amending Chapter 7 of the City Code CITY ADMINISTRATOR REPORT MAYOR & CITY COUNCIL REPORTS APPROVAL TO PAY BILLS ADJOURN Posted 2/27/2015 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: February 27, 2015 DATE OF MEETING: March 3, 2015 SUBJECT: City Council Meeting Report V. CONSENT A. Approve American Legion Consumption and Display Liquor License — All paperwork is in order and fees have been paid. Staff recommends approval. No attachments for this item. B. Approve Site Lease Agreement with Verizon Wireless — The site lease is for the area currently occupied by the 75,000 gallon elevated water tower at 3574 Pinto Drive. The agreement to remove the old water tower is covered under item 5C. The leased area will consist of ground space for installation of a 150 foot monopole tower along with a five foot lightning rod (155' total) and associated communications facilities and equipment including transmission lines, cables or conduits, an equipment shelter and generator, and electronic equipment and antennas. Staff recommends approval. See attached agreement. C. Approve Dismantle and Removal Services Agreement with Iseler Demolition, Inc. — The agreement covers dismantling and removing, down to the concrete foundation, the 75,000 gallon elevated water tower at 3574 Pinto Drive (Hamel well house #1) for $15,800. The water tower has not been used for a number of years and would require expensive maintenance. The cellular antennas will be removed from the water tower and the temporary cellular tower will be in place no later than May 8th. Iseler will have the old water tower removed no later than June 15th. Staff recommends approval. See attached agreement. D. Appoint Part-time Temporary Planning Office Assistant — This position will assist the planning department with conversion of records to electronic format. It is budgeted for a total term of 750 hours. Staff recommends the appointment of Jacquel Nissen to the position of part-time temporary planning office assistant effective April 6, 2015. See attached memo. E. Resolution of Support for the Three Rivers Park District Baker/Carver Regional Trail Master Plan — The proposed resolution is based on the recommendation of the Park Commission and states the City of Medina supports the Baker/Carver Regional Trail Master Plan and recommends that Three Rivers Park District manage and develop the trail as set forth in the Master Plan. The regional trail is proposed to connect from Baker Park Reserve to Carver Park Reserve (a distance of 17 miles). The portion of the regional trail in the City of Medina is fully contained within Baker Park Reserve, connecting west to the City of Maple Plain. In an effort to conserve paper we did not print and include the entire master plan in your packets. If you would like to review the entire plan, it can be viewed at: http://www.threeriversparks. org/about/planning-and-construction/planning- projects/current-initiatives/carver-baker-rt-mp.aspx or if you would like a printed copy, please contact city hall. Staff recommends approval. See attached resolution, map and minutes. VII. PRESENTATIONS A. Minnehaha Creek Watershed District Update — Minnehaha Creek Watershed District (MCWD) Representative Peter Rechelbacher will provide an update on the watershed activities for the City Council. No Attachments. VIII. NEW BUSINESS A. PRDC — PUD Concept Plan for a Conservation Design Subdivision of 42 lots on 170 gross acres located east of Homestead Trail and west of Deerhill Road — Property Resources Development Corporation, Inc. (PRDC) has made an application for a Conservation Design Planned Unit Development (CD-PUD) Concept Plan review. The applicant is proposing a 42 lot CD-PUD on approximately 170 acres on a property located east of Homestead Trail and west of Deerhill Road and Morningside Road. A CD-PUD is a type of PUD permitted by the City where an alternative development plan (including increased density) to traditional zoning is employed in order to preserve ecological resources, wildlife corridors, scenic views, and rural character. City Staff recommends that the City Council review the concept plan and provide comments to the applicant. See attached staff report. B. Wakefield Limited Partnership, LLP — Final Plat — 3385 County Road 24— The Wakefield Limited Partnership, LLLP has made an application for a final plat at 3385 County Road 24. The site is located on the south side of County Road 24 east of Homestead Trail. The property is approximately 74 acres in size and currently is occupied by one single family house. The property is zoned and guided as Rural Residential. The plat proposes to divide the property into three lots. The preliminary plat was approved on September 16, 2014. Generally, the parcels and easements are consistent with the preliminary plat and preliminary plat approval. See attached staff report and resolution. Recommended Motion: Adopt the resolution approving the final plat of Wakefield Valley Farm. 2 C. Subsurface Sewage Treatment Systems (SSTS) Regulations Discussion — Local government regulations are required to be submitted to the MPCA for 30 days prior to adoption regarding subsurface sewage treatment systems. The City cannot adopt the regulations until the March 17 meeting. However, staff wanted to present the ordinance to the Council for discussion and comment, so it may be possible to adopt on March 17. Staff is looking for discussion and feedback on replacement of systems which do not conform, point of sale inspections, and whether more restrictive standards are necessary. See attached staff report and draft ordinance. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003031E-003047E for $44,290.14, order check numbers 42527-42574 for $161,561.62, and payroll EFT 506240-506265 for $45, 970.92. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 3 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 17, 2015 The City Council of Medina, Minnesota met in special session on February 17, 2014 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Cousineau, Martin, Pederson (6:45 PM), Mitchell Members absent: Anderson Also present: City Administrator Scott Johnson, City Planner Dusty Finke, Public Works Director Steve Scherer, and Public Safety Director Ed Belland. II. Five Year Staffing Plan City Administrator Scott Johnson provided the City Council with information regarding the proposed Five Year Staffing Plan. The City Council requested an updated organizational chart with the potential positions, the financial impact of the proposed positions, and how the staff changes were managed during the economic downturn. III. Discuss Building Code Section 1306 Staff requested Council discussion and direction on whether or not to repeal Building Code Section 1306. The City Council discussed Building Code 1306 and waiving the requirement in Medina. Staff was directed to move forward with contacting local fire chiefs about repealing the code section, bring forward other zoning options for discussion, and move forward with the process to repeal Building Code Section 1306. Adjournment Mitchell closed the meeting at 7.•00 p.m. Bob Mitchell, Mayor Attest: Scott Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 1 February 17, 2015 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 17, 2015 4 5 The City Council of Medina, Minnesota met in regular session on February 17, 2015 at 6 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: Anderson. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Tom Kellogg, City Planner Dusty Finke, Public Works Director Steve Scherer, Chief of 16 Police Ed Belland, and Recording Secretary Amanda Staple. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:02 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:02 p.m.) 24 25 A. Approval of the February 3, 2015 Regular City Council Meeting Minutes 26 It was noted on page four, line 13, it should state, "...will most likely occur on its own the 27 new stalls most likely will be used." On page four, line 41, it should state, "...applicants 28 applicant's. On page five, line 10, it should state, "She stated that whether She stated 29 that regardless if..." On page five, line 25, it should state, "...business calls answered by 30 the department." 31 32 Moved by Pederson, seconded by Martin, to approve the February 3, 2015 regular City 33 Council meeting minutes as amended. Motion passed unanimously. 34 35 V. CONSENT AGENDA (7:04 p.m.) 36 37 A. Approve Street Sweeping Services Agreement with Carefree Services Inc. prove Speci Fions and Au rim dvt for Bids for Park 3 8 B . �+f i Ea' t�c�,-��e�.-�e�t+se�en �,--o,�-,�t#e,-p,� 39 at Fields of Medina 40 v�Anpr pe PurcThrara of Tcrricle for -the -W eJtnMctr0Drug-Tas-C rEe 41 D. Approve Upland Buffer Easement Anreement with Daniel 1A/ Muncell 42 E. Resolution No. 2015-17 Authorizing Proposal for the Ardmore 43 Subwatershed Retrofit Assessment 44 F. Resolution No. 2015-18 Granting Extension of Time to File the Plat of 45 Woodland Hill Preserve Amending Resolution 2014-76 46 Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion 47 passed unanimously. 48 49 VI. COMMENTS (7:07 p.m.) 50 Medina City Council Meeting Minutes 1 February 17, 2015 1 A. Comments from Citizens on Items not on the Agenda 2 There were none. 3 4 B. Park Commission 5 Scherer reported that the Commission's next meeting will feature a presentation from a 6 representative of Three Rivers Park District regarding trails and discussion of park 7 dedication from a PUD request. 8 9 Mitchell referenced the issue of snow removal for four season trails and the burden that 10 places on City staff. He believed that the Park Commission should discuss that matter. 11 12 C. Planning Commission 13 Planning Commissioner Reid stated that the Commission met the previous week to hear 14 three requests including a conservation design PUD request, noting that the 15 Commission heard input from residents both in favor and against the proposal. She 16 advised that no action was taken because this was a review of a Concept Plan and 17 noted that the Commission therefore only provided input. She stated that the 18 Commission considered three requests from Wealshire of Medina for a memory care 19 facility and reported that the Commission recommended unanimous approval of all three 20 requests. She stated that the Commission also continued a public hearing regarding 21 solar equipment and advised that resident input was gathered and the Commission 22 recommended that ground mounted solar equipment be allowed within the business and 23 industrial park zoning districts. She stated that there was support for solar from 24 residents in attendance for use within the residential zoning district but advised that the 25 Commission believes additional input from residents should be obtained prior to 26 changing the regulations in that zoning district. 27 28 V. CONSENT AGENDA (7:13 p.m.) (Continued) 29 30 C. Approve Purchase of Vehicle for the West Metro Drug Task Force 31 Belland reported that the Task Force has been in place since 2003 and the majority of 32 the vehicles used by that group are obtained through forfeiture. He stated that one of 33 the vehicles used would need repairs in excess of the vehicle value and there are no 34 available vehicles in forfeiture, which is why a different vehicle will be needed. 35 36 Mitchell confirmed that the vehicle value would be approximately $7,000. 37 38 Johnson advised that the funds used to purchase the vehicle would come from the Drug 39 Task Force fund. 40 41 Moved by Cousineau, seconded by Pederson, to approve the purchase of vehicles for 42 the West Metro Drug Task Force. Motion passed unanimously. 43 44 D. Approve Upland Buffer Easement Agreement with Daniel W. Munsell 45 Martin questioned if Mr. Munsell's spouse should be listed on the agreement as well. 46 47 Batty stated that Mr. Munsell is in title individually. 48 49 Moved by Martin, seconded by Cousineau, to approve the upland buffer easement 50 agreement with Daniel W. Munsell. Motion passed unanimously. 51 Medina City Council Meeting Minutes 2 February 17, 2015 1 B. Approve Specifications and Authorize Advertisement for Bids for the Park 2 at Fields of Medina 3 Johnson presented two additional items at the dais including a professional services 4 amendment and the plans prepared by WSB. 5 6 Kellogg stated that the original plans were prepared one year ago and included a total 7 project cost estimate of $27,000. He stated that the project moved forward but was not 8 completed last year and reviewed the remaining work to be completed this year. He 9 stated that this proposal includes preparation of the bid package for the remaining work 10 to be completed this year along with the additional professional services that would be 11 necessary from WSB. He stated that there is a credit of $4,000 from the previous year's 12 budget for the project, which will be credited against this total. He noted that there are 13 areas where public works could complete some of the work in order to obtain cost 14 savings. 15 16 Martin confirmed that the hard construction costs had been budgeted for originally but 17 there are additional costs due to the project occurring over two construction seasons. 18 She questioned how much over budget the project will be. 19 20 Scherer stated that he did not believe that the project was over budget, this was simply a 21 change in the service agreement. 22 23 Pederson questioned in which areas cost savings could be gained through the use of 24 public works. 25 26 Kellogg noted that some of the inspection services could be completed by public works 27 and noted that if a good contractor is chosen and the project moves quickly there would 28 be additional cost savings. 29 30 Moved by Martin, seconded by Pederson, to approve the specifications and authorize 31 advertisement for bids for the park at Fields of Medina, with the recommendation that 32 Public Works completes the amount of work possible, and the professional services 33 amendment. Motion passed unanimously. 34 35 VII. PRESENTATIONS 36 37 A. Fire Department Annual Reports (7:27 p.m.) 38 Belland introduced the Fire Chiefs from each of the four fire departments that serve 39 Medina to provide their annual reports. 40 41 Chief Eisinger, Maple Plain Fire Department, summarized the total number and type of 42 services calls during 2014 for the department and specifically within Medina. He 43 provided additional information on the number of firefighters in his department and the 44 amount of hours logged for the department during 2014 by category. He provided the 45 average response time for the department for each of the cities the department services. 46 47 Mitchell appreciated the highlights of a very lengthy and complete annual report. He 48 questioned if the Chief is satisfied with the health of his department. 49 50 Eisinger stated that things are going very well in his department. He also reviewed 51 some of the mutual aid cities that the department responds to. Medina City Council Meeting Minutes 3 February 17, 2015 1 2 Mitchell asked if the department is satisfied with their current facility and equipment. 3 4 Eisinger reported that the department is satisfied in their current location and highlighted 5 some of the equipment the department possesses. 6 7 Pederson questioned how often the ladder truck is used and whether that is used for 8 mutual aid. 9 10 Eisinger advised that the ladder truck is typically the first truck reporting for a structural 11 fire and confirmed that vehicle also is used for some mutual aid responses. 12 13 Chief Ruchti, Hamel Fire Department, reported that the total number of calls for the 14 department and specifically within Medina. He provided the percentage of calls received 15 by category and the average response times as well as the number of firefighters within 16 the department. He highlighted the total number of hours logged for the department 17 during 2014 as well as accomplishments for the year. 18 19 Mitchell asked similar questions to Chief Ruchti regarding the status and needs for the 20 department. 21 22 Ruchti stated that the department is functioning well but long-term would like a larger 23 space, as they have been in their current space since 1967. 24 25 Martin referenced the response time and questioned if there is a higher response time 26 when traveling to the north end of Medina compared to the south end because of the 27 station location. 28 29 Ruchti reported a response time of 5.18 for the south end of Medina compared to a 30 response time of 5.39 for the north end of the city. 31 32 Martin clarified the type of service calls, which occurred in Medina during 2014, 33 specifically the fire calls and questioned how often the department relied on mutual aid 34 for the 15 fire calls. 35 36 Ruchti did not have the exact figure but believed approximately 35-50 percent of the fire 37 calls utilized mutual aid. He believed that two of the fire calls required bringing in 38 another city for use of their ladder truck. 39 40 Chief Van Eyll, Long Lake, stated that his report includes detailed information and he 41 would simply like to summarize the highlights. He advised that all the members of the 42 department became blue card certified, which requires an additional 66 hours of training 43 for each member in addition to the yearly required training. He highlighted the 44 partnerships made with the four fire departments present tonight, as well as another 45 agreement with Health Partners to promote physical wellness. He stated that the 46 department turns 100 this year and therefore the plans for a centennial celebration have 47 begun for the event, which will occur on September 19th. He also highlighted the 48 technology updates that have been made to the facility and equipment. 49 50 Pederson questioned how well the IPad technology has been working. 51 Medina City Council Meeting Minutes 4 February 17, 2015 1 Van Eyll responded that the smartphone technology has been working well for those 2 who use that technology. He explained that when the responder opens the call for 3 service on their smartphone they are able to mark whether or not they will be responding 4 and the other responders are also able to see those responses in real time. He 5 confirmed that there are two stations within Long Lake and that the firefighters are split 6 between those facilities. He stated that the department has been very lucky with the 7 buildings that they have, noting that one building is debt free while Orono shoulders the 8 debt for the other building. He echoed the comments that the department moral is 9 positive. 10 11 Martin questioned the number of calls received specifically for Medina. 12 13 Van Eyll provided that information. 14 15 Pederson questioned if the stations are drive -through stations. 16 17 Van Eyll reported that station one is a drive -through station while station two is not. 18 19 Chief Leuer, Loretto Fire Department, provided a copy of the written annual report to the 20 members of the Council. He reported a total of 52 calls responded to in Medina during 21 2014 and also provided the response times. He provided the current number of 22 members for the department, noting that the department is almost fully staffed. He 23 stated that there was an aggressive training schedule during 2014 and reviewed the 24 equipment upgrades that will be done. He stated that the department is looking to move 25 forward with a new station in 2017 and advised that the previous year he was successful 26 in gaining additional legislative funds. 27 28 Pederson asked for additional information regarding the new facility. 29 30 Leuer stated that the department currently services five cities within 39 square miles and 31 the station is very tight. He stated that the department is working on a feasibility study 32 and financial impact study to determine the impact to the member cities. He advised 33 that Corcoran is also interested in partnering with the department to create a new 34 station. He reported that department moral is positive, noting that there are several 35 younger members in the department. He confirmed that his department also utilizes the 36 smartphone technology and find it very useful. 37 38 Martin thanked all the Fire Chiefs for their reports and the services provided by their 39 departments not only to Medina but the surrounding communities. 40 41 Mitchell stated that there has been talk in the past about merging and suggested instead 42 using the term fire district with each of the departments keeping their own name. He 43 thanked the Fire Chiefs and their departments for their services. 44 45 VIII. NEW BUSINESS 46 47 A. Ordinance No. 576 Related to Solar Equipment; Amending Chapter 8 of the 48 City Code (7:57 p.m.) 49 Finke stated that the Council discussed the current solar ordinance specifically because 50 of a request from Wright Hennepin Cooperative regarding the possibility of installing 51 ground -mounted equipment on their property in Medina. He stated that the Council Medina City Council Meeting Minutes 5 February 17, 2015 I seemed in agreement to discussing the possibility of allowing ground mounted solar 2 equipment. He reported that the Planning Commission held two public hearings, in 3 January and February, to discuss solar energy and recommended allowing ground 4 mounted equipment in the business and industrial park zoning districts. He reviewed the 5 other recommended conditions from the Planning Commission including a 500-foot 6 buffer from residential property, counting solar equipment as lot coverage, requiring a 7 Conditional Use Permit (CUP), and limiting ground mounted equipment to a percentage 8 of the lot with a one -acre maximum. He explained that staff used the recommendations 9 of the Planning Commission to create the criteria that would be used for a CUP for 10 ground mounted solar equipment. He stated that there were advocates of solar 11 equipment present at the Commission meeting who encouraged the City to allow 12 additional solar equipment within residential areas, specifically the rural residential 13 zoning district. He advised that the Commission did have interest in reviewing that 14 option but decided that additional resident input should be received prior to amending 15 that zoning district. He stated that staff will publish that item in the City newsletter prior 16 to that discussion occurring. He reported that the Planning Commission did recommend 17 approval of the ordinance as presented tonight. 18 19 Cousineau stated that the R4 zoning district does not seem to be consistent with the 20 other residential districts in the language used. 21 22 Finke stated that he would correct that item. 23 24 Martin questioned if the model ordinance from the State addresses residential districts. 25 26 Finke confirmed that there are two model options for residential districts and advised that 27 he could provide that text for the Council to review. 28 29 Pederson asked for clarification regarding the setback necessary for building mounted 30 equipment. 31 32 Finke stated that building mounted equipment would only require the setback for the 33 building. 34 35 Pederson stated that it appears the 500-foot setback would deter parcels from taking 36 advantage of ground -mounted equipment. 37 38 Finke agreed that properties adjacent to residential property would most likely not be 39 able to utilize ground -mounted equipment unless they could meet the 500-foot setback 40 from the residential property. He stated that the 500-foot setback would only apply to 41 parcels adjacent to residential properties. 42 43 Pederson stated that he would like to see the setback reduced much less, suggesting 44 150 feet. 45 46 Cousineau echoed the comments of support for a 150-foot setback. 47 48 Chris Pederson, Bloomington resident, stated that he works in the area and also 49 attended the Planning Commission meeting. He believed the 500-foot setback would 50 box out residential development in the future. He stated that ground mounted solar 51 equipment is the most efficient method of renewable energy available and therefore the Medina City Council Meeting Minutes 6 February 17, 2015 I return on the investment would be much quicker. He stated that ultimately the 2 homeowners will be the ones to move renewable energy into the future and believed that 3 those individuals should have the same opportunity as businesses. 4 5 Mitchell stated that he visited the Rockford Wright - Hennepin solar site, which is near 6 residential properties, and stated that he could see where the area could be seen as an 7 eye sore. He explained that this part of the ordinance is being considered first while the 8 residential portion of the ordinance will be considered second, with additional public 9 input being gathered. 10 11 Wayne Bauerschmidt, Wright Hennepin Electric, stated that they could support a 500- 12 foot setback as well as a smaller setback. 13 14 Cousineau questioned if the business would be interested in adding a second solar 15 garden in the future if this is successful. 16 17 Bauerschmidt stated that the members are driving this project and stated that they would 18 be willing to consider a second site but noted that the large setback may impact that 19 ability. 20 21 Pederson referenced the water tower site on Willow Drive and the current zoning district. 22 23 Finke advised that is zoned business. 24 25 Martin referenced the condition regarding the solar equipment footprint, which is not to 26 exceed 20 percent of the lot with a one -acre maximum and asked for additional input. 27 28 Bauerschmidt stated that the company has been approached by the city of Maple Grove 29 regarding a previous landfill site, which could be completely covered with solar panels. 30 He stated that limitation could have an effect on the possibilities for additional solar 31 gardens in the City in the future. 32 33 Finke stated that other cities are being approached with the idea of a solar farm, which 34 would be large scale in size, and noted that the Planning Commission did not want to 35 see projects of that scale and that is where the one -acre maximum came into effect. He 36 explained that the Commission considered the possible locations within the business 37 and industrial zoning districts. 38 39 Pederson stated that he attended the Wright Hennepin open house one year ago and 40 had been approached by a previous Planning Commissioner with the idea of using the 41 landfill site in Medina. He believed that the setback of 500 feet is too high. 42 43 Mitchell stated that the setback can always be reduced, noting that the applicant is 44 satisfied with this setback and noted that he would like to err on the side of being more 45 restrictive. 46 47 Martin questioned if the landfills are currently located in the business or industrial zoning 48 districts. 49 50 Finke confirmed that the landfills do not fall into those zoning districts. 51 Medina City Council Meeting Minutes 7 February 17, 2015 1 Cousineau stated that this ordinance seems tailored to the request from Wright 2 Hennepin rather than applying to the City for the future. 3 4 Martin stated that while she would like to see a smaller setback, she would be in favor of 5 allowing this ordinance amendment to move through in order to allow the Wright 6 Hennepin request to move forward. 7 8 Mitchell stated that he did not see a problem making the ordinance more restrictive at 9 this time and amending it in the future if needed. 10 11 Pederson stated that he would not support the 500-foot setback tonight. He suggested a 12 setback of 150 feet. 13 14 Martin stated that she could support a setback of 150 feet. 15 16 Cousineau stated that she can see the arguments from both sides, although she wanted 17 to protect the homeowners as well. She stated that she could support a setback of 150 18 to 200 feet. 19 20 Finke confirmed that the business and industrial districts do not often interfere with 21 residential properties, especially under the context of the ordinance language. 22 23 Martin stated that the setback of 500 feet could deter possible development. 24 25 Moved by Martin, seconded by Cousineau, to adopt ordinance no. 576 related to solar 26 equipment; amending Chapter 8 of the City Code, additional amending subdivision 2, 27 Item B, decreasing the setback from 500 feet to 300 feet, item E, removing the language 28 "or one acre whichever is less', Item K, adding language "and/or to promote harmony 29 with neighboring property uses", and amending the R4 language to be consistent with 30 the other residential districts. Motion passed unanimously. 31 32 1. Resolution No. 2015-19 Authorizing Publication of Ordinance No. 33 576 by Title and Summary 34 Moved by Martin, seconded by Pederson, to approve Resolution No. 2015-19 35 Authorizing Publication of Ordinance No. 576 by Title and Summary. Motion passed 36 unanimously. 37 38 B. 2015 Independence Beach Street and Stormwater Improvements (8:37 p.m.) 39 Scherer stated that there has been a grant opportunity to include stormwater aspects 40 along with a road project in the Independence Beach area. He identified the streets 41 included in the overlay project and summarized the history of the infrastructure in that 42 area. He believed the utilities to be in fair condition and that the lifespan of the utilities 43 would exceed or match the lifespan of the overlay project. He described the street 44 improvements included in the overlay and provided an estimate of the project cost as 45 well as the assessment cost. He stated that he would like to schedule a neighborhood 46 meeting to explain the project to the affected residents and develop a feasibility report 47 with more project details. He referenced the stormwater portion of the project proposed 48 to occur near Lake Ardmore, noting there is a grant opportunity for that project. He 49 stated that if the grant is not obtained the cost estimate for the stormwater project could 50 be lowered. 51 Medina City Council Meeting Minutes 8 February 17, 2015 1 Pederson questioned if staff has an impression from the residents in that area on their 2 level of support for the project. 3 4 Scherer stated that he believed there would be support of the street project but was 5 unsure with the level of support there would be for the grant project. 6 7 Kellogg stated that the grant application is due March 6th and the PCA will announce 8 their decision by April 30th. He was unsure of the odds that the City would receive the 9 funds, but noted that all the criteria have been met. He stated that the street project will 10 already be occurring and noted that the additional grant project could be done in 11 conjunction with that project to obtain cost savings. 12 13 Moved by Martin, seconded by Pederson, to direct staff to move forward with the 14 preparation of a feasibility report for the Independence Beach Overlay Project. Motion 15 passed unanimously. 16 17 1. Resolution No. 2015-20 Authorizing Submittal of a Proposal with 18 the Minnesota Pollution Control Agency for the Ardmore Avenue 19 Stormwater Retrofit Project 20 Moved by Martin, seconded by Pederson, to adopt resolution no. 2015-20 authorizing 21 submittal of a proposal with the Minnesota Pollution Control Agency for the Ardmore 22 Avenue Stormwater Retrofit Project. Motion passed unanimously. 23 24 IX. CITY ADMINISTRATOR REPORT (8:51 p.m.) 25 Johnson referenced the Wealshire project, noting that the developer did go out for bids 26 but received higher numbers than projected for the project. He advised that staff is 27 going to meet with the company this week to determine if the City could assist. 28 29 X. MAYOR & CITY COUNCIL REPORTS (8:53 p.m.) 30 Pederson stated that he attended the Uptown Hamel meeting today with Johnson and 31 Scherer and commended staff for their work. 32 33 Xl. APPROVAL TO PAY THE BILLS (8:53 p.m.) 34 Moved by Pederson, seconded by Cousineau, to approve the bills, EFT 003006E- 35 003030E for $386,066.66, order check numbers 42475-42526 for $145,169.45, and 36 payroll EFT 506209-506239 for $47,493.27 and payroll check number 020431 for 37 784.08. Motion passed unanimously. 38 39 XII. ADJOURN 40 Moved by Martin, seconded by Cousineau, to adjourn the meeting at 8:54 p.m. Motion 41 passed unanimously. 42 43 44 45 Bob Mitchell, Mayor 46 Attest: 47 48 49 Scott Johnson, City Administrator Medina City Council Meeting Minutes 9 February 17, 2015 Agenda Item # 5B SITE NAME: MINC Hamel SITE LEASE AGREEMENT This SITE LEASE AGREEMENT ("Lease") is made this day of_, 2015, by and between the City of Medina, a Minnesota municipal corporation ("Landlord") and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404) ("Tenant"). RECITALS A. Landlord and Tenant are parties to an Amended Antenna Site Lease Agreement dated September 1, 1993, as amended by Amendment No. 1 dated April 18, 2005, and Amendment No. 2 dated November 27, 2006, referenced by Tenant as Contract # 11091-2 (collectively, the "Terminated Agreement"). B. The Terminated Agreement provides for Tenant's installation and operation of wireless communications equipment and facilities on and adjacent to Landlord's water tower located at 3574 Pinto Drive, Medina, Minnesota. C. The Landlord's use of the water tower has ceased and Landlord will remove the structure by June 15, 2015. D. Landlord and Tenant wish to provide for: (i) the Landlord's removal of the water tower; (ii) termination of the Terminated Agreement, and; (iii) establishment of terms and conditions by which Tenant may install its own monopole and continue operation of wireless communications services on Landlord's property. NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Terminated Agreement. As of the Commencement Date defined in paragraph 7 below, Landlord and Tenant agree that this Lease replaces the Terminated Agreement. Landlord and Tenant acknowledge that notwithstanding the termination of the Terminated Agreement and the commencement of this Lease, Tenant may have made and may continue to make, and the Landlord may continue to receive, rental and other payments pursuant to the Terminated Agreement. In such event, any rental or other payments made pursuant to the Terminated Agreement for any period after its termination shall be applied and credited against any rentals or other payments due under this Lease. 2. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's MINC Hamel Lease 447849v6 RJV ME230-583 1 property located at 3574 Pinto Drive, Medina, Minnesota legally described in Exhibit A attached hereto (the "Property"). Tenant leases that portion of the Property containing approximately 3,380 square feet, together with the non-exclusive right of ingress and egress from Pinto Drive to the site, on foot or motor vehicle, all as depicted in Exhibit B attached hereto ("Leased Premises"). The Leased Premises consist of ground space for installation of a 150 foot monopole tower along with a five (5) foot lightning rod (155' total) ("Tower") and associated communications facilities and equipment including transmission lines, cables or conduits, an equipment shelter and generator, and electronic equipment and antennas, all as described in Exhibit C attached hereto ("Tenant Facilities"). 3. Removal of Equipment from Water Tower; Construction of Monopole. Landlord will remove the water tower by June 15, 2015. Tenant shall remove all its equipment from the water tower on or before May 8, 2015. On or before April 15, 2015, Tenant may place a temporary tower, not to exceed 100' in height, on the Property as shown in Exhibit C attached hereto, and operate its equipment thereon until the Tower is constructed provided that such construction shall be completed and the temporary tower removed by no later than December 1, 2015. The Tower must be constructed with all Tenant Facilities installed as indicated in Exhibits B and C. 4. Rent. (a) Amount. As consideration for this Lease, Tenant shall pay Landlord rent in the initial amount of Two Thousand Six Hundred and Sixty Five and 01/100 Dollars ($2665.01) per month. Rent shall be paid in advance, on or before the 1st of each month. (b) Annual Adjustments. Commencing January 1, 2016, rent shall automatically increase each January 1st by the increase in the Consumer Price Index ("CPI") or 4%, whichever is greater. To determine the rental increase each year, the monthly rent amount during the previous calendar year shall be multiplied by an appropriate percentage figure. The CPI is the "Consumer Price Index for All Items, All Urban Consumers, (Basel984=100)" for the Minneapolis/St. Paul Consolidated Metropolitan Statistical Area as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. In the event the CPI exceeds 4%, the appropriate rent increase shall be calculated using a fraction the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. (c) Taxes. In addition to monthly rent, Tenant shall timely pay its prorata share of any real property taxes or payment in lieu of taxes required as a direct result of this Lease. MINC Hamel Lease 447849v6 RJV ME230-583 2 5. Co -Location. (a) Landlord Approval. The Tower shall be designed to accommodate antennas and facilities of additional users. Subject to receipt of Landlord's prior written consent, which may be conditioned upon an increase in Tenant's rent as provided herein, and upon receipt of any applicable zoning or permitting approvals, Tenant may allow unaffiliated third parties to co -locate wireless antennas and facilities on the Tower, or may sublease a portion of the ground within the Leased Premises, on commercially reasonable terms and conditions. In the event Tenant leases any portion of the Tower or subleases any portion of the Leased Premises, the Tenant's monthly rent shall be increased by the greater of: (i) 50% of the rent received from the additional user, or (ii) Five Hundred and 00/100 Dollars ($500.00), inflated as provided in paragraph 4(b) above. In the event a new user seeks to locate facilities or equipment outside the Leased Premises, such new user will be required to enter into a separate land lease with the Landlord. (b) Landlord Co -Location. Tenant shall permit the Landlord to locate and attach one (1) antenna on the Tower for public safety or other non-commercial municipal purposes, so long as the Tower height/location requested by Landlord is available and such use will not create interference with Tenant's uses or another existing users on the Tower. The installation of such equipment will be at Landlord's expense, but the Landlord will not be required to pay rent to Tenant. 6. Governmental Approval Contingency. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority including the engineering study on the Tower as required below and, further, Tenant shall at all times comply with the conditions contained in the conditional use permit attached hereto as Exhibit D. (b) Studies. Before obtaining a building permit, Landlord may require that Tenant obtain, at its sole expense: (i) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant's intended antenna frequencies will not interfere with existing communications facilities operating at or adjacent to the Property, and; (ii) an engineering study showing that the proposed Tower is able to support the Tenant's Facilities under high wind loading. (c) Non -approval. In the event that any required approval is finally rejected or denied, or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or Tenant will be unable to use the Leased Premises for its intended purposes, Tenant may terminate this Lease. Notice of Tenant's exercise of its right to terminate shall be MINC Hamel Lease 447849v6 RJV ME230-583 3 given to Landlord in writing by certified mail, return receipt requested, and shall be effective ninety (90) days from receipt of such notice by Landlord. 7. Term. (a) Initial Term. The initial term of this Lease shall commence in 2015 on the first day of the month following the date of execution by both parties (the "Commencement Date"). The initial term shall end on December 31, 2025 (the "Initial Term"). On and after the Commencement Date, the Terminated Agreement shall terminate and be of no further force or effect. (b) Renewal Terms. The term of this Lease shall automatically be extended for three (3) additional five (5) year terms unless Tenant terminates it at the end of the then current term by giving Landlord written notice of the intent to terminate at least six (6) months prior to the end of the then current term. Rent shall increase annually as provided in Paragraph 4(b) above. 8. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of existing use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Government -regulated entities offering a service to the general public for a fee, in a manner similar to a public utility, such as cellular telephone or data transmission services, but not including radio or television broadcasters, whose rights precede this Lease. (b) Purposes. The Tenant shall have exclusive use of the Leased Premises only for the purpose of installing, maintaining, and operating the Tower and Tenant Facilities to provide wireless telecommunication services and uses incidental thereto, which Tenant is legally authorized to provide. Tenant's use of the "Leased Premises" shall otherwise be non-exclusive and Landlord specifically reserves the right to make additions, deletions, or modifications on the Property. Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Tower and Tenant Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. MINC Hamel Lease 447849v6 RJV ME230-583 4 (d) Tenant Maintenance. Tenant shall, at its own expense, reasonably maintain the Leased Premises, Tower and Tenant Facilities in a safe condition and in good repair and in a manner that does not materially conflict with use by Landlord. Any modifications to the Leased Premises for Tenant's benefit shall be at the Tenant's expense. Tenant has the right to maintain, replace, repair, or otherwise modify its equipment or utilities with similar or comparable equipment, provided Tenant may not materially alter, modify, or replace the Tower or any of Tenant Facilities without prior notification to the City. In the event Tenant fails to reasonably maintain the Leased Premises, Landlord may complete such maintenance upon at least ten (10) days written notice to Tenant. Tenant shall reimburse all expenses incurred by Landlord in reasonably maintaining the Leased Premises within thirty (30) days of receipt of an invoice for such expenses. (e) Loss and Damage. Tenant assumes and bears the risk of all loss and damage to the Tower or Tenant Facilities from any and every cause whatsoever, whether or not insured, except in the case of negligence or intentional misconduct on the part of the City. No loss or damage to the Tower or Tenant Facilities, or any part thereof, shall impair any obligation of Tenant under this Agreement and it shall continue in full force and effect, unless Tenant is unable to use the Premises as provided in this Agreement. (f) As -Built. Upon completion of the Tower and Tenant Facilities, Tenant shall provide Landlord with as -built drawings showing the actual location of the equipment and all improvements installed on the Leased Premises. (g) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner that does not unreasonably interfere with the operations of any prior occupant or prior tenant of the Property. (h) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises as provided in Exhibit C. (i) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. (i) Tenant Use. Tenant's use of the Leased Premises in accordance with this Lease and all applicable laws and regulations shall not constitute interference with Landlord's use of the Property. 9. Defense and Indemnification. (a) General. Nothing herein shall be deemed a waiver by Landlord of the limitations on liability set forth in Minnesota Statutes, Chapter 466. Each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to MINC Hamel Lease 447849v6 RJV ME230-583 5 the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. (b) Environmental. Each Party will be responsible to the other for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to the party's activity conducted in, on, or in any way related to the Leased Premises or Property. (c) Hazardous Materials. Without limiting the scope of the foregoing, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises directly associated with the Tenant's use of Hazardous Materials. Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of in connection with the removal, cleanup, or restoration of the Leased Premises with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Leased Premises by Tenant and their agents, including independent contractors. Nothing herein shall be deemed a waiver by Lessor of the limitations on liability set forth in Minnesota Statutes, Chapter 466. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and shall include, without limitation, asbestos, petroleum, fuel, batteries, PCBs, or any hazardous substance, waste, or materials as defined in any federal, state or local environmental or safety law or regulations including, but not limited to, CERCLA, and the Clean Water Act. (d) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty four (24) hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. Landlord acknowledge that Tenant shall be utilizing and maintaining on the Property sealed batteries, an existing generator, HVAC system, and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation or breach of the preceding sentence of this paragraph. (e) Survival. The obligations of this Paragraph 9 shall survive the expiration or other termination of this Lease. MINC Hamel Lease 447849v6 RJV ME230-583 6 10. Insurance. (a) Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage - third party, and personal injury, for the hazards of Premises/Operation, contractual, independent contractors, and products/completed/operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $5,000,000 each occurrence; $5,000,000 personal and advertising injury; $5,000,000 general aggregate, and $5,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $5,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability Coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to the Tower, Tenant Facilities and any other property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinary or law requirements. (e) Additional Insured — Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated B+12 or better), licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 10. Tenant will list the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. MINC Hamel Lease 447849v6 RJV ME230-583 7 11. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Leased Premises, Tenant may elect to terminate the Lease upon thirty (30) days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant's obligation to make further rent payments shall cease but Landlord shall be entitled to pre -paid rent received prior to the damage to or destruction of the Leased Premises. 12. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); provided each party shall have such extended period as may be required beyond the sixty (60) days if the nature of the cure is such that it reasonably requires more than sixty (60) days and the party commences the cure within the sixty (60) day period and thereafter continuously and diligently pursues the cure to completion. (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Tower or Tenant Facilities; (iii) by Tenant for cause if the Leased Premises becomes unusable for technological reasons; (iv) by Landlord, if after the Initial Term its Council decides, for any reason to develop or redevelop the Property and discontinue the use of the Property for communication towers. In such case, Landlord shall provide a one (1) year's written notice to Tenant; or (v) by Landlord if it reasonably determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council and after Tenant has failed to cure within the time periods provided in section (a)(i) above. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. MINC Hamel Lease 447849v6 RJV ME230-583 8 (c) Tenant's Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as damages all rent due for the remaining Term. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have ninety (90) days from the termination or expiration date to remove its Tower and Tenant Facilities and related equipment from the Leased Premises and repair and restore the site to its original condition, normal wear and tear excepted. Tenant shall provide a letter of credit or performance bond in the amount of ten thousand dollars ($10,000.00) to guarantee timely restoration following Lease expiration or termination. In the event that the Tower or Tenant Facilities are not removed as provided herein, they shall be deemed abandoned and become the property of the Landlord if not removed with fifteen (15) days of notice from Landlord, and Tenant shall have no further rights thereto. If the time for removal and restoration causes Tenant to remain on the Leased Premises after termination of this Lease, Tenant shall pay rent on a monthly, pro-rata basis until the removal and restoration are completed, or facilities are deemed abandoned by Landlord. 13. Limitation of Liability. Except for indemnification provisions identified herein, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 14. Temporary Interruptions of Service. If Landlord reasonably determines that continued operation of the Tower or Tenant Facilities would cause an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions), Landlord may order Tenant to discontinue its operations. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operations. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. 15. Tenant Interference. (a) With Property. Tenant shall not interfere with Landlord's use of the property adjoining the Leased Premises and shall cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than fifteen MINC Hamel Lease 447849v6 RJV ME230-583 9 (15) business days after receipt of written notice of the interference from Landlord. (b) With Higher Priority Users. If Tenant Facilities cause impermissible interference with higher priority users as set forth above, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operations and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. (c) Interference Study — New Occupants. If Tenant receives a bona fide request from any other party to lease space on the Tower or sublease a portion of the Leased Premises, Tenant shall have a registered professional engineer perform interference studies to determine if the new applicant's frequencies will cause harmful radio interference. Tenant may require the new applicant to pay for such interference studies. Tenant shall provide a copy of such study to Landlord upon receipt. 16. Assignment and Subletting. This Lease shall run with the land and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Tenant may sublet any portion of the Leased Premises as provided in paragraph 5 above. This Lease may be sold, assigned or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the prior written consent of the Landlord, such consent not to be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. 17. Condemnation. In the event the whole or portion of the Leased Premises is taken by eminent domain, Tenant shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the Landlord. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution is value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant including any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antennas and/or microwave dishes Facilities, and leasehold improvements. MINC Hamel Lease 447849v6 RJV ME230-583 10 18. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim to enforce any rights hereunder, the prevailing party, as deemed by the arbitrator or court, including appellate courts, shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim, but in no event shall such fees and costs recoverable exceed $7,500.00. 19. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: If to Tenant, to: City of Medina City Hall 2052 County Road 24 Medina, MN 55340 Attention: City Administrator Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 20. Subordination and Non -Disturbance. At Landlord's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by Landlord which from time to time may encumber all or part of the Property or right-of-way; provided, however, as a condition precedent to Tenant being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, Landlord shall obtain for Tenant's benefit a non - disturbance and attornment agreement for Tenant's benefit in the form reasonably satisfactory to Tenant (the "Non -Disturbance Agreement"), and shall recognize Tenant's right to remain in occupancy of and have access to the Premises as long as Tenant is not in default of this Agreement beyond applicable notice and cure periods. 21. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 22. Binding Effect. This Lease shall run with the Leased Premises unless terminated by either party. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 23. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not MINC Hamel Lease 447849v6 RJV ME230-583 11 set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 24. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 25. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 26. Quiet Enjoyment. Upon timely performance of the covenants herein, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises provided, however, that the parties acknowledge that: the Property was acquired pursuant to Conveyance of Forfeited Lands dated October 1, 1982, and September 19, 1986; said Conveyances contain certain restrictions on the use of the Property and the possibility of reverter, and; the parties may need to work cooperatively, at Landlord's cost, to address alleged violations of the foregoing restrictions, if any such allegations arise. 27. Memorandum of Lease. If requested by Tenant, Landlord will promptly execute and deliver to Tenant a recordable Memorandum of this Agreement. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY MINC Hamel Lease 447849v6 RJV ME230-583 12 IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed by each party's duly authorized representative effective as of the date written below. Landlord: Tenant: City of Medina, Verizon Wireless (VAW) LLC a Minnesota municipal corporation d/b/a Verizon Wireless By: By: Name: Name: Its: Mayor Its: By: Name: Its: City Clerk Date: March , 2015. Date: , 2015. MINC Hamel Lease 447849v6 RJV ME230-583 13 EXHIBIT A The Property is legally described as follows: Outlot A, Block 2 as shown on the Plat of Medina Industrial Addition 447849v6 RJV ME230-583 A-1 4rrrrr•1rr ..�.; EXHIBIT B DESCRIPTION OF LEASED PREMISES lateptgamrivis • p IP ��FF � muguni i !Inrigappi } w 'E I F B B Q 9 r EChi+rt �qrr tI r ��+suw+ r+*rJU ! l ` in A1247%, MOM Ir J 9 N. \ 'I 1. a II ill nr,4,04411 i; L,1 o of!. ii 1g Ili III IP e{ [ a 447849v6 RJV ME230-583 B-1 VERIZON WIRELESS AREA MAP I F.71. i 0, IAFF , . ri 2.1 A 1 I I ...:,..-....,,..„. v , 1 I •4 'Li • ..1.4.1.1, dii es • • 1 1. •1 • .1. .41gir VICINITY MAP 1.411.1411.1101. '41""ea • kw ,=.7.• • _ •Vig of-NERAL NOTES . • 11. • 1 .4,11 +•1, • II • ••-•1 FP .114 C.1........ • a . • aN... . ... a.r.a r.per VALtIrd 1••prmr• Lo•opepolo Id M.. ••. • kr. 'C.. a Iripla. HAM. MIME. 11 .1 • ..adr.I.M. .11Mg.......1•.1.3 19. 11.a Ya. saa•w`gs'Mre.IRanmi ono I ...Mc a arc 1,c...I ...ix lofe abra.ermn I rapsecinp 11. m marl a ...I load.. Id marl 1.1 ram. corm Ids.. 14. 4rlecl sr 1 a • mreld.as Ird 1 I ow. pa. dertp VERIZON VAR ELESE DEPARTMENTAL APPROVALS MBE CAM rename,. n11,foe.di.C.1115Y41 01.191.1C141. entiffikkgfIci. .1.3,11121131 1 di t -1. dMal1f.15111W1 1.1.P.SER ALL !CT.! AVIA= ILESSOR i LICENSOR APPROVAL HI.A11.1•11. IMF IX: 1.W- 114IF PROJECT INFORMATION YE MM: CL OGGI115,9 !arc 115141 11.TOCAYE 1•14..16 MUM( dC11.1311. L anni" W107.1 =info, C.C.= 6...41101. 141.1,1.161. fiANC 1.14, .16119*.TIP EIGIT H&C MAIL. 11E1. * an. A C Chltla 11C1.12.14. 1111.C.A.1.41• IMF. 4 /.11,f 1.1:64[14 11. 111 O .113.1.1.LL 4Tf4CPilENCCNT 111911.4:11.. CIAY.fi. WIC: TA row! CATICC 41-110.14. W E ACM 1.2110151. NNINPV CCM WILL CCVCS Nn YRITA:N: .1 I 5CL.C.C. n r 1.1111.1. Err. 11,-11.M. IN, PM Rad -a" PFIC.CCI" QSAIPIIOh 1.0.411 RIICPCMCWONCRUETC.M1:11 .1A1Chled RFL4 COAX C E,C015 T41141.C.IC TIE CC.1.1.11.111C AM. S15.1.10E1111}.1.611.4 ARA SHEET INDEX. weer WM' 605C1.1.11. 1,1 .1.1111,C111M11.1.11011.4.111901.11,C11... 011.9111.1. MEC .1 21EFLPI As ....1.....601. II ..1 .1 TC.fill[Le.11.11Cli CC.% 1111G 0 hTICh hd We. h1}11911...hC MAIL. A.. 1.1.11CICLUPC CIA CUM. MI Wron.0.14,4Fx.rikr4 44 CCM 1G.10110T1510110.12TA IJI C. CIRIC.1.1.011CP.A.C.1.11114 Ire Term. 0...ACIP*0010.* .1... Cr ISSUE SUMMARY 1.1b to ,.. i o . d C.ELTOFICCAL C 16 'AI' . “ AL,14-11.11111.54..1. NA. 4 .11 1,1,11 .•, •1,1 a Am.,. ma.. MI c c:A i i . • , • v.. i i A Pa...ma cm dp . .11 d OA MCC. L 10.31.•1. Md. . 1 .11 : • 1.1.41.1.•11.1111,11.466116 Mi 'CONTACTS L116011 1 UCEMIC.I. dtt CI.YECRO. EC CCU. im WOE 1+ him 1.45 Mid 11611.11166CLAITY ChM .1.1.5M111. LEN= 11311.1,11.113.1259 144.1114011,144CP.G 111.1.01CMCM1•111141.1.11. 19111.13141 asivntq4l meet in nA CCii...ef CCM...CT TELCOUTLITY bad 09146 .1.1.0,1115CT CIL RYE YICA .11.1.11.11,11 Mall/.1.1c CICOTCChard11. CM1CIFECR mem I Sr =CM TRIG LIE 14111.411.1.11,VIEW.C. ISCRIA11.11.E.11.1 .11 C SPAM" HI "1.. • 1,01.101,111.112.11.1`.041. 11. 1.1.... • Ir.. ion MAI. 4). 'rt•-=.= mlqa.iml• :17=== A-c DESI GPI th, W.3.01.1.1/9,M1.111 110.11.16M• VER1ZON WIRELESS PROJE07 25,10MiltUt MINC HAMEL FINTC LeRNE VFW.. et.C141 SFEET OOMEFIT {0113,C1.61 .}1.11,1T.E 11,56,1•10.41111,11 MONA, We CATS 13, .3.C.3.1:r EWE. 1.1 11.1 LC PLV C C CALM ncy 111,1 1.1 T-1 447849v6 RJV ME230-583 " d - o L I R E - E E T T I E E I T r a E J R - I C I T , F r a a N L g i r A L L E l m . E _ G 7 4 1 2 1 I T r T . i f . 0 I I I I 1 . . : 1 1 1 E E . 1 1 - T E E 0 t i E l h " I " " - r o m a n r r W v o r , a C 3 = 5 I C A Z . 1 G L W E I R ' T E l T i " " / C h a a . I I . e I " " " " " , " " " " " " " N U M M I . 7 l E E I n T E E " I + - 6 T I L L W E I I R I S 7 1 1 E f 6 �� ( P " T S i ; i " 5 ' D . 0 I S E E / ' 1 1 . E � K T F - W l l o T i r r r r m n m T E T E . E a A - 1 1 e 4 - ] 1 F Y P r A M m 1 7 . 1 P r t i i i n d I T j d . F R ' y E . m ' L I t 9 = X i W I ) S A L T E l l ! I E T I B ] E T E a E y E l w E V E �% J a E I I M a Y �� E . . � T A U T 1 1 2 5 - 1 G R E P l i y R C ' T M ! k 1 1 1 E n u . . " , I I . " . r 1 U ? H I I f 7 1 5 1 . 1 l ��r I I i E " L C " ' " B . , ' ! A B . . 1 A E ��f L l x e O M , W A L d r . ' n l p Z T r d r E A i R R Y s " . Y S S F ; l � E l E T I l E E T T I I E H - I ` 1 F L E I T I I l l I E l l T E E - D I M a - E " M I c r " E T 1 " r N = 4 . 4 , a 1 w ��. i . e v a . I n . r w r x . e n i " N r D E S K Y E R I Z O N W I R E L E S S l P u l m 4 . y . . . a 2 F i R C L E C T 2 1 � Y l j j l I 1 9 1 C r I V I N C H A M E L r ' i N I T { i E r i F O E N E O N & R 1 N 6 4 3 1 3 S E - E E T G I y R E N T S N I I F Y I N F 1 x 0 e 0 1 r r r a r x . x x t r C I I T c e n a O " E O P C C ' f M a x R 4 r 1 1 . 1 1 . L ' - I E 4 C R . " C b ��l i k P E I E 4 ' - 4 . W I p . E " M �� M I p u u A - 1 N U 4 4 7 8 4 9 v 6 R J V M E 2 3 0 - 5 8 3 I / Ili ECM 04,ET . . . E I 11 T T E Tlf SEM E, „ I • D .. ..,..7.0 .:' ALE • • • . .. .. . • . : "• ; . EIR 141 riEfiElEl I' .1. -1{ 112: 511.-{E _.,,,/ 4.1 A NON CIEE 4-4j1 rrP Of . ii. ';,' : . .EE .-e. —rWE.SED ElliEll% ma= DELL r ... .. • • . --1.,..ilE ' • . cwiNt • • - • . .. ENLARGE° sot PLAN S{/UV fir " — - } U P.S....TE L • I T: . 11F 11E HITEP.T THE . L111.1T+ LIKE ISIJEE. LICITE D1,11.-C nEn1E.91LE T E -E, E ShLI FEPLME nIIH E. ,E TE TEE 2° 6.1 LE- I 1 LLoc i is ILi..1 'S • : • • •;, '—PPD.:1513 11.11EMLE • • .. .• PEE EIT T zde-i — uM w",,E) .1*T.11. WOW, o1E.BL5 ALE ME.= 22.0 Sr. !454.2 Ell. L- - E 11. E- 11 I 11 TEE. .6 I.E F Ir T-LL,T. ^F TE.L. - .IE / E I n cr:L.,,LL AL.:1411ECT it •.•••...11 Ha OW SW. DESIONtik • t, sum,LLLININ,FL. P rtNamail VERIZO N (7 WiREL ESS PRCILEC..7 Will 3AI '11. Yi MINC HAMEL FliTc 17:PoW 11M:4P41., Pori 6sma EFFF7 :All?In. arra 1.111.41.11.11: M. It I ACY 1:1.114-1.1 REV E 4..f.4.1* rink E Rea, G C1.44-1e. A-2 447849v6 RJV ME230-583 2.77TE,,, 2E- .77 LE, TT, 2E7 - I • TH IIIF ' 11 1 - F T 7E7 .7:-.EL T E LE,77 11 T1 E E -'TLT , 7TLT 1% T E '''s P. 1. 'E' 4743- -14-ET4 - 71777,EE 7 • cm. Live . T• • - ' • -EF-I •,.. E E - . .7 r1=7 . ILEE .7 E E I 7E 771171 7 E I , G, C E 1- R F IE TL I T • T • , • E H - .-4114 LIE-144S I-45 --71-3- 51.e - ..- 1K: 2 77 • -7 -F4. - - - - - PPLEE .77 -E-E I LE E 'AA -111,. [I= ET- 1' , 774, L,F7E. -.- -• F.-' 7 -• • - - .o7-227171.2-E E - . ..,7h7P:717C H - - , ' . +45 . 7.'; r 7 I MI= C4111115:71 E , . 71-fr all . - LAT 7.,• FM- - - - - • oar el =Lai 411.41-17 '. '''' E'E E ' -''''' . " - . •.77.27,7:72-E H - 7 -.7m L-4.7: 7177 ••.- 141 ,- 2 7r 777-s -7 - - - - - - MUD= 26146:141 C.15614.44 31LE E Jur 7Trol - ::77,7 E I-777:r, LE .077 2 s DIP, 7 - • 77T 0) -712 - - - - - • .4, 2, E. 7,777-52 FOL. •-.7•77.• ix.' - - "e =44.. 2c7.- 1 1 T.F.720 L7-77.4s:o.E L..- • -411 4.7) 4-4: 1f41 • - : ...gl, +, , - ., ,P: P.77.. ' -7 r 772u - - IX I7 l''4: '14.. 31 - , E I 22,^ 2' l'071071 7 07.77,7,7,E H - .-2172 z.777 71-7 • 7 - 7 1 7 '7FLEOE .7 E E I LEE 771171 - LT I • I LE E --- . E-I_ HE 11-4117 4. T....- - 17.44 .1' T -. 1 E:444-."-Z H - 411.1 LIE-k 4, . ,47 7 - - - - - - 17-LDE4 LIM Irk -f:r l7 r1=77 22' 4' T- 7 i' .4 • E L. - -my : ' 7-74 , .7 , : . E, .,7.:1. 7 Fs. i 2772- 7 • rrP .7 -T= - E23 -45 - - - - - I 041 .1.,111141 41.4-K, FCeal I-'7 P4 - - , TE .7 ITRUTI • • o EL . 777 7 - - F- T 7E-- -,,,, ANTENNA.EY 71 a! oFD2 .,F4E1 LOP7-$1. Roo ..tr • E. ET r,),00,kxKlEy v•71777.711P T= FcrIff 25' 4 E. LEIS 572717ETE a7771.74,10 77:7,7771,1 WES F1SKMEI D3.1.414 LIDL44 FPG.1141 1:41414 40.444 )4541441141 FF -P41112GG3 1161111.1121 0 414-44=. Pg.lro, PROPOSED DOLLAR MOUNT' DETAIL .4,41 :AS ,_., r20176 .c7 144 .--icf. -444 ,-f. = 05.-FIE7:1, 270 -,- V- ro F. ...- - vo ,Pelf. * I' 1 F. -. , @ •@ _- HIM T-FTIAE ME Ale licOEL Ton --___„, .4. ,n..17 1, ? P 4:,..4% • .41 f e %..4%, I' • - , 1 t - .....,.... F Q. .) ,K.t, ,,...k... r f ipP. ., -ea ." • ?' ..P 4 0.',..k. ,t.... 4. tx ' F'''' '''''4. ik .-7''''..0 ,,, NORTH .7217 ANTENNA VOU WING DETAIL gr-mr *1r - I riSTIPOlk aa( 1116411OE AEhT T-F141.1f a•a4P 4,4LE 11•1111 777,77#11 L11-7 7 LE-77.7 • : Lo) 0 (0-;`. - ow 727 *7 L11-AP L. 7 LE-7-x7 I.2 tco 0 0 67 7 OM #7 '7 L11-1717 0. LE-1..7 #7 2 OM 0 0 0 0 TI.1441 r 1.71' HOLE PM 37)11 e 1114 .21.n. CI 0 0 C-) IC)) 0 0 COAX ENTRY CETAL NEW PRO141 INSIDE 1t44LE 4044e 4.5 4.41E.14-, JAM (4.44.4 LEk71.1 I>F iSI KVA. 5777.71 72 FEW FELD TY- RIL 71.7E IDLE OF PM TOP 7FIATIFIMPI E4 - PI 1 cr. (c. ma: Ten-.. IT I .1:4 ON pkr 1 ov. I 717E EM1P2 SIELEF: LE H- • H I f I 7E -11 IE71f F E -LE . T F. GE F G L 4114, -I F r;\ AV* OCE-1,11* CHAGRAM ocm.ilor-rv-p• T • G T E E G TE - I. T,ILE I - 4...E -ITI T E T E -I ' TI.L E 711711117 7.4- E I E - E El, GE' T 1 --I - 4. 141 T 4 ...Mitt. T E E lE • 4 7 El • .I De - li- 11LTI.E1.111, I 1:L'aLD ' .4.7.7711t•:71 = . 1 •C F -1 T E I .4 -TI - •1111LICIE I - - E E . . - . FH E .1 -1 - I 11 -1 7 r Tre 16 RH I -L E T : 124P7 -' 77FIH I • TI L E I li ‘ I=E I E-.E ETEE.IE E 7I' - ' 7.-- - TE TE • ET T E I • E FTEL E E T E I :- 'Pi. 77iS.VZ -I ISE - TE - fill T "..... 4 .•'..;,;t6ristti..-.0, 7.777,1,0•74' T - T T C E 1 - •44,1 i-T C.iS TAG 13 IF 1„ E 41 T T E FE HT L L - TE - 1 le If - L - L 117117is nob -TE -7 I e If -TE ELI LIE IEIH ,1-I1 r E T ' • E Ti'.E SET E IE SET E IE r7P. 77•77•E: 7.7zE or L.Lg .42 \ ▪ • !IT E I ET HITE T E 4 ;:•1114: CIALI 7,412 '-r","/ rem re77:c 0 NORTH ELEVATION ir.4.1.71,- 24.1•4 F L- F - H FEM111 144n. m,hiam• .4.441•1•144 per P.M 111YIs a.a• DESIGNL 11.11.11.190A, MINIM 8[2:1111.= VSW2C1Iiir WIRELESS PFLO,ECT AtiA Mudd WINE HAMEL FINTOCAILE WEIN& ILf1757M st-r_Fr ccurr EN Ts Cdllki 044•1114,49 KEY .41111131.1.1.114113.4.111.444 .414T6164111C4ATI,o1.12EVA. CO4k1HTRYCETAL 124.14 err x DNTE F. a IP. 0.113•ZEBY Pied FL4411.11•4: Re.• 84.13, r7L-2 c &Are. k ar.• E 2-4141.4 144.'51• A-3 447849v6 RJV ME230-583 T -TE - -Tr- IE 1 - IE -I E = Li 1 L L7: ET-11 L Tffl - IE I E L I V T L- 4 L E - I Ll CABLE BRIDGE ELEVATION -°i ALL IfV'• rdT =eiiSIlI;1 VET n MLLE FILL. MUMqEL : LI RU'L¢ }MILL BCC EK T T L ST FALL TI LT L irl}S 'A :. I'"ff l 4' DETAIL 0 Afd -TE -E agE .—SEE TTL% 111:0 'x£:• Fix MIER FnLEMIEU E E LL el - I L. F E If TIE-F I T LT+-Ti ITT T FF T e F -TE - ° E.I E --E T E - -L TL tTe �°-T YJR LiH I 111,1 1LEkiL —_ VETT.:EMT tVET, I: Mit 641.14m4. .E.af 1[u IE 4111.44L+ 1?11 R D.E.:-- .11 ;•911 4 E111.4.1.4'L .4T 10 CABLE -'LAN 'Luxe MI5 L E= w1(1.14 1tk ST<I' Y-f Lw I MIME 11f44.!71 LIT T'1 ;E:--4E 1 10 ME ESTI .01£11 111 1 I .2111104 T I -L T 1 f L T 1 E - H43 EE 64E1: L- - 1-E - T e -e I �I II L-rr -,. ♦ -e . t,Mp.0,t'r ,r.}zs LLOi t.— — .. .421,1' F E F fH e - ! TM e - TE - - El E ILHL - EI T - 11E T .91 IE 111(.1L t -ram -L Tffl T F - LT T T _ --L TL I -T T eT 1E17 F LL TI E- ~ IE -. L� I�'...407S- 0> m I e I' TILE IL • TE IE f,,4 -I El. k.EIE HLE LIEF ..—.0—F1.. I'-L.1e L -ILE I 1'I h 4 +LL 1H-E x -i L11, TEL 1 I e L EIH-LE E F!.}: 3101L 16471 T 'E I -+ • ...-. • e¢314 uac'La 211 a e a y CABLE BRIDGE SECTl'v`J 4 acxr 11 ."'v I 441 41.11 4.1 p:Er. 4-E-11. r;'s, FENCE SECTION 'ate KM-1w siW TE L- 1 ru e T [! - TET eK -{- E E:RTE E E H E -k F I T,1E a e +'nT- TM T " I IE L - E Tie Ie FL H - FTI IE E • TE -LL IE E -E kl 141 L -L-1I T- -TGn r F 1- F - e 1 e It Le 4 EEL I E T -L I FL -lR-e TE • ‘1E H H' uE T 11-1, r- I -E 1 1I 111. FRIK -L Q Le-_ r._Y. E .E L Ell IE'E 1 +rY IA - 11' LO4t (EGO LWI M11 6..T]Q CIE b EauE{ - x Ku TEE 191A 3101 Tfi' Wl. 1' 11.1.01 .—LIOPIL RH TIT 4i 1 `fig K.SS 1' 440 Ey K{l.ELAME. NEM ECM WEL I+ LwIL 4111E1 Lce°E. :+lta+.t maim.. r1 r 11�W="1r �� dm} fw+nL� r.rIti IFIFF r DESI x VERIPON WIRELESS 11111111.41.12 PRQXCT an Rq nal pl mid HAMEL FlITq 171104 I01:131.40, Wd G64#.1 SFEEI OONTENTE. .11 1111E1 auw. Fre x .+1.1.w11 1141 1.1ao-l:xr 1.4111 xr1 0 R_Y [ II II 11 baa1.. Fcv a bawa+ PEE. a 01-00.1+ fN F pbld Fr? La 191.d-111. —4 Ln U 447849v6 RJV ME230-583 i FT 45 x •j' E E -r al 1, wa11 41 :1 mylir.rrUmr .1larn y b 11 r r 11 1- m 1 '•+C+ ?!n F'-1r r l i I•, 1• 11, -Km :orbaxr E RG ,r 1411 -mitt. I 1, dlld- Wm.*='1. Iil. •:rfxra ah iH 1 �I II 11.-FI I- 'F:1 111-1. "II1111I iT r•"1-Ir 1.-II ! I,1-1 Ail i1•I 1■ 1r,1111 .u.-1-11 1 r1 r11,1 111 F-0 1 I i P 11 4 11 11 11 1 1 r i - 1 Y n: y . -1 ;^ Xr 1 1 1 1 El, -11m 111 1 r 1 11r11mutt . m -In - 1111u rl , LIT .nrricl li 114 Hi ulir -r 111-Hi I 1111. H- n 1T 11 I-11 111 Al-I11-1Y1-,1r .fl+argil-1l - Ill -'A Tnr Et! 1 1 1 - •YLrc .vA -r 4.11 F1ra.r1. ®1 i 1 4 1 r• •1 • r• r l r r l r X y . 1, 1 1-1 . TE . -- a l r v' ' 11 1- 11 r i l l I'- 1 1 1 1 1. 1- i 1 11- 1. 1 11 11 1- 1 1 1 .11 - Li l9.Y r 4 y r - 1 ,1,1 I llll I,1-1 1111r II -1111 11 fhl -1'-• l l I11 i 17 a •F 11••1 rut.. •r111.-• TE. - TUE ELLIE_ 111-1 li1■-ni- I r1 I I. XI 1111 'WI 11 in '1111. 4 -I .rn -1ti .1- 11 1 rI .r 1 u11,11r 11 I11-11111 - it III 1 II 1-1r1.1-11 I 11 • +A n11 1 n lil -11 1 -11:1F r a-m 1111411 E 1 ,F.1 -Er4 r I H- . Ir rim 1 I n -1- hadlk. , 1 y 1r - 1,111a-Jeer:14r1 rumor, a.lafr.at I1-I I'I-'I II111-If11II II irI I. II'a itl II I. 1'1 jL:v r11}11ra Y 1 . I - Y 1 r, I l i l 1 1 1 r I 11.:.,1 .1 .r I u I r - ; Ill 1111I .1'I .rv-11r ,: a`i ]wn ...n1 ru-uu'I u1 . rc FEE ' hl' -11 I i I Y -1 I I II 1 4 11L T rE lcar 1 '1+ n • 1, l i 11 11 111 - I L11i 15 F{ u 41 1 11. rid 1t rl I lit •I II - 1 it ,. - II ,e F,ari .1 d. ,8Y it 1fY ' 1 - E,Fn I - -1- T1 1 1 III 1 r _: 11e1 IE F E f'T 2. 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Ard, /T 1JAarrdi 5V Y d A!/i,ll 1 diJi t t aIN.: ff., h F � `fit p! .4011 II, lig lit r„1! _If ��1� 114 _/1 1 r#' I re iti II 4 447849v6 RJV ME230-583 C-10 EXHIBIT D CONDITIONAL USE PERMIT TERMS Member Pederson introduce .he following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2014-53 RESOLUTION APPROVING A CONDITIONAL 'USE PERmrr FOR A TELECOMMUNICATION TOWER AT 3574 PINTO DRIVE �4 HEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Ewell Consulting on behalf of Verizon Wireless (the "Applicant") has made an application to construct a monopole telecommunication tower within the City located at 3574 Pinto Drive (the "Property") which is legally described in Exhibit A, attached hereto, and 4� HEREAS, the property is currently utilized for a municipal well house, a telecommunication tower, and a water tower with teleconnnunication equipment mounted an the top; and WHEREAS, the City intends to remove the water tower and the Applicant has requested approval to construct the monopole tower to .house the existing equipment on the water tower; and WHEREAS, the conditional use permit for the existing equipment on the water tower was approved by Resolution 90-03 and amended by Resolution 93-50; and WHEREAS, the Planning Commission held a. duly noticed public hearing on June 10, 2014 and recommended approval of the application; and WHEREAS, the City Council reviewed the application at the August 6, 2014 meeting; and WHEREAS, based on the written and oral record before the Planning Commission and City Council on the above dates, the City Council mares the following findings of fact in regards to the application: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already pertnitted, nor substantially diminish and impair property values within the immediate vicinity. 2, The establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. 3. Adequate utilities„ access roads, drainage and other necessary facilities have been or are being provided, 4. Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Resolution No. 2014-53 Arland 1 Q ?flld 447849v6 RJV ME230-583 D-1 5. Adequate measures have been taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a Dui sarice, andto control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use, 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 8. The use is not in conflict with the policies plan of the City. 9. The use will not cause traffic hazard or congestion. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general usisightliness. NOW, THEREFORE BE IT RESOLVED, that the City Council ofMedina, Minnesota approves a conditional use permit for a telecommunication tower at 3574 Pinta Drive, subject to the following terms and conditions; I. The Applicant shall construct the improvements as displayed an the plans received by the City on May 7, 2014, except as modified by the conditions herein. 2. The Applicantshall submit a revised site plan meeting all the conditions of approval prior to the issuance of any permits. 3. A detailed engineering report certifying the collapse pattern of the tourer shall be provided meeting the standards of Sedtion 828.81 Subd. 2 (a) (i). 4. The tower location or height shall be adjusted to meet the setback requirement of Section 828. Subd. 2(b). 5. A landscaping plan shall be provided with screening to right. -of -ways. 6. The new portion of the access drive shall be paved and a parking plan shall be provided meeting the standards of Section 828.81 Subd. 10. 7. The Applicant shall enter into a lease agreement with the City for use of the site on terns and conditions acceptable to the City, 8. 1f the use of the tower is discontinued, it shall be removed by the owner within six months or the City may remove the tower at the owner's expense. q. Approval -of this Canditional lase Permit shall not be construed to grant_ -exclusive use -of any of any portion of the Property outside of the "Proposed Land Space Area" shown on the plans for access or utilities. 10. Additional building square footage and fencing shall be permitted to accommodate future colocation upon the telecommunication tower. Such building and fencing shall be reviewed by City staff for compliance with relevant code requirements, brit shall not require an amendment to this CUP in order to be constructed. 11. All comments of the City Engineer shall be addressed. 12, All comments of the City Attorney shall be addressed, and the Applicant shall abide by the City Attorney's recommendations related to the lease agreement and recording procedures. 13. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the east of reviewing the application, construction plans, and other relevant documents. Resolution No. 2014-53 2 August 19, 2014 447849v6 RJV ME230-583 D-2 14, This Conditional Use Permit shall go into effect upon the removal_ of the water tower from the site or the execution of the lease agreement referenced in Condition #7, whichever is later. BE IT FURTHER RESOLVED, by the City Council of the City of Medina that, when this Conditional Use Perrait goes into effect, previous approvals enumerated in Resolutions No. 90- 03 and 93-50 shall thereafter be revoked and considered null and void. Dated August 19, 2D14. Attest: By: Scott T. Johnson, pity Administrator -Clerk „Thu Anderson, Acting Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Martinson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Martin, Martinson, Pederson Aricl the following voted against SaMC: (Absent: Weir) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2014-53 August 19, 2014 447849v6 RJV ME230-583 D-3 Exhibit A Legal Description of the Property Outlot A, Medina Industrial ,addition, Hennepin County, Minnesota, except that part thereof which lies %vested). of lute run parallel with and distant 45 feet easterly of the follo+ving- described line: Beginning at a point on the west lute of Section 12, 7'o. wnship I I North, Range 23 West, distant 216.5 feet north of the west quarter corner thcrccl; thence run northerly on said west section line for 200 feet and there terminating,. Resolution No. 2014-53 August 19, 2014 447849v6 RJV ME230-583 D-4 Agenda Item # 5C DISMANTLE AND REMOVAL SERVICES AGREEMENT This Agreement is made this 3rd day of March 2015, by and between Iseler Demolition, Inc., 7123 Burlison Lane, Romeo, MI 48065, a Michigan corporation (the "Contractor") and the city of Medina, a Minnesota municipal corporation (the "City"). Recitals 1. The City has been authorized to enter into a contract for dismantle and removal services; and 2. The City has approved the contract for dismantle and removal services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform dismantle and removal services for the City. "Dismantle and Removal Services" will consist of dismantling and removing, down to the concrete foundation, the 75,000 gallon elevated water tower at 3574 Pinto Drive (Hamel well house #1). The services agreement does not include concrete foundation removal or water main capping. The City shall insure that no new temporary cell tower shall be placed so that its transmissions pose harm to workers on the water tower and the coax cables to control the station are not in Iseler Demolition's way. The cellular antennas will be removed from the water tower and the temporary tower will be in place no later than May 8d'. Iseler will have the old water tower removed no later than June 15d'. 2.0. TERM. The term and price of this contract shall remain in effect from April 2015 until July 2015, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor $15,800 for Dismantle and Removal Services according to the above 1.0 Scope of Services and the attached Exhibit A. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 1 4.02 The Contractor will supply and use its own equipment and tools, as well as traffic control, to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the "Act") and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 2 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either parry may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Scott Johnson, Administrator -Clerk ISELER DEMOLITION, INC. (CONTRACTOR) By Owner 3 Iseler Demolition, Inc. Scott / Doug / John Specializing in Water Tower Demolition 1-8-15 City of Medina 2052 County Road 24 Medina, MN 55340 Attn: Steve Scherer Doug: (800) 322-0997 (phone/fax) Lisa: (800) 338-8396 (phone) (989) 428-4689 (fax) Scott: (877) 200-5851 71231 BURLISON LANE • ROMEO, MI 48065 Our price to dismantle and remove, down to the concrete foundation, the 75,000 gallon elevated water tank, Medina, MN is $ 15,800.00. • Iseler Demolition will receive and dispose of the scrap material. • Our price does not include concrete foundation removal or water main capping. • Our price does not include a local demolition permit. (Some municipal demo permits require an asbestos inspection by a licensed asbestos inspector. Since this is an all steel structure, we feel this is an unnecessary procedure, and have not included it in our proposal). o We can get one for a cost, however we suggest the City / Water Dept handle it internally. • This price does include prevailing wages. Iseler Demolition will dismantle this tank at our scheduling convenience, with in 45 days of Notice to Proceed, (however NTP shall not be issued prior to 5-1-15). Any new / temp. cell tower shall be placed so that: 1.Its transmissions pose no harm to workers on the water tower. 2.It and the coax cables from it, to control station, are not in Iseler Demolition's way. Some of the above stipulations have some flexibility. I.E. scheduling could be changed slightly depending on the winter you have. Also, the location of the new antenna / monopole and coax is arbitrary as to what is in our way, so we would like to see what they propose. What is firm is that we will NOT put our crew in danger of RF, or other waves from the antenna (we do have an RF monitor). If dangerous levels are present, you would need an agreement from the carriers (ahead of time), to turn the antennas down for approx. 5 hours. The City of Medina will be named as additional insured on our general liability insurance. We adhere to current OSHA and EPA regulations. Note: This proposal is good for 90 days and may be withdrawn by us if not accepted within that time frame. ISELER DEMOLITION, INC. Authorized Signature ACCEPTANCE OF PROPOSAL ti Scott C. Iseler SCl/Igp `` Signature Date Agenda Item # 5D MEMORANDUM TO: Medina City Council FROM: Jodi Gallup DATE OF REPORT: February 27, 2015 DATE OF MEETING: March 3, 2015 SUBJECT: Part-time Temporary Planning Office Assistant Appointment General Background At the January 20th meeting, the City Council authorized staff to recruit applicants to provide temporary administrative assistance in the Planning Department and Building department. The position will assist the planning department with conversion of records to electronic format in Laserfiche, as well as other general administrative support. The position will have a flexible schedule between 16 and 40 hours per week during regular business hours for a budgeted term of 750 hours. The formal review of the part-time temporary planning office assistant applicants was completed earlier this week. Based on the final scoring of applicants, committee interviews, and background/reference checks, I am recommending the appointment of Jacquel Nissen to the position. Ms. Nissen has verbally accepted the position with a starting date of April 6, 2015 contingent on City Council approval. Appointee Background Ms. Nissen is currently attending the University of St. Thomas to pursue a degree in Business Administration with an emphasis in Financial Management. She has worked as an intern for the last nine months with the City of Elk River where she has gained experience in tax analysis, business project financial analysis, city marketing, organization, agenda documents, newsletters, administrative and department enhancing projects, developer agreement assistance, and searching and retrieving documents in Laserfiche. Recommendation I recommend to the City Council, at the March 3, 2015 meeting, the appointment of Jacquel Nissen to the position of part-time temporary planning office assistant, effective April 6, 2015, with an hourly wage (non-exempt) of $18.00/hour with no benefits. 1 Agenda Item # 5E Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015- RESOLUTION OF SUPPORT FOR THE THREE RIVERS PARK DISTRICT BAKER/CARVER REGIONAL TRAIL MASTER PLAN WHEREAS, the Medina City Council recognizes that the development of a regional trail connecting Baker Park Reserve to Carver Park Reserve would be a benefit to residents of Medina; and WHEREAS, Three Rivers Park District has gathered data, conducted research and obtained public input concerning the costs and benefits of the development of such a trail, all as documented in the Baker/Carver Regional Trail Master Plan, a copy of which has been presented to and reviewed by the Council; and WHEREAS, the Council is supportive of the efforts of Three Rivers Park District to proceed with the development and management of the trail. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city of Medina supports the Baker/Carver Regional Trail Master Plan and recommends that Three Rivers Park District manage and develop the trail as set forth in the Master Plan. Dated: March 3, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -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. 2015- March 3, 2015 Excerpt of Draft Park Commission Minutes — February 18, 2015 Three Rivers Park District Presentation on Regional Trail Master Plan Three Rivers Park District Planner Ann Rexine presented their Regional Trail Master Plan to the Park Commission. She stated that the proposed 17 mile regional trail is broken down into nine segments and will connect from Baker Park Reserve to Carver Park Reserve. She noted that three of the segments are existing and the remaining segments are part of a long range plan. Rexine gave a little background on the history of this plan. She stated that the plan started as a Minnetrista project to create a north/south connection. About two to three years ago, Minnetrista turned the project over to Three Rivers Park District to take a look at it from a regional level. Three Rivers Park District agreed to take the plan through the process to get approval from the Metropolitan Council. Rexine noted that the Park Commission had asked about the funding sources of this project. She referenced the funding section of the master plan stating that the entire project including land acquisition will cost approximately $10.7 million. She stated that Three Rivers Park District does not have all this money budgeted and anticipates receiving federal funds for segments of the project. She stated that they have had success in the past receiving federal funds. She noted that they will also seek local, state and county grant opportunities. If the Metropolitan Council accepts this plan into their system, they will contribute up to 75% of the cost for some of the land acquisitions. Rexine stated that it is the intent of Three Rivers Park District to seek resolutions of support from the communities in this regional trail plan to strengthen their application to the Metropolitan Council and to help with future grant applications. Discussion took place on the impact of each trail segment on private property, which will be better determined at the time of engineering. The Park Commission also discussed how private property would be acquired to complete some of the segments. Rexine assured the commission that private property would only be acquired from willing land owners. Discussion took place on the location of trails along the right-of-way. Rexine noted that trails would be planned off road as much as possible and if they are within the right-of-way, a separation would be created from the vehicular traffic. A draft resolution of support was read aloud. A motion was made by Meehan and seconded by Linck to recommend to the City Council to approve the resolution of support for the Three Rivers Park District Regional Trail Master Plan. Motion passed unanimously. Farm Gdl CALIF M i n n etri sta Whale Tail Lake AlId. ud Avg Kingswood Park Gale Woods Farm Minn elrist Quaas G..toll ii �1 Carver Park Reserve N rake Or Burl Oaks Golf Club N Arm L'. i 325 n. Lake Minnetonka Regional Park --lll 11111 I'I I_ Nortl: F'm. I ndepencleme 5 Red Oak Gd Course Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © OpenStr;,.eetMap contributors, and the GIS User Community Lakeview Golf Cour, Park Reserve dence aepeo e Z�R 9; hal T Lake Minnetonka ,ala_ r 322 n• m• T~ai/ Proposed Regional Trail 1 Baker to Carver Park Reserves Map prepared by Three Rivers Park District Planning Department - HK September 3, 2014 This GIS Data is provided "as is" without warranty of any representation of accuracy, timeliness, or completeness. The user acknowledges and accepts the limitations of the Data, including the fact that the Data is dynamic and is in a constant state of maintenance, correction, and update. l ThreeRivers NORTH 0 0.5 1 I I I I PARK DISTRICT 2 Miles I I 1 i Agenda Item # 8A NORTHWEST ASSOCIATED CONSULTANTS, INC. 4500 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT To: Medina City Council From: Nate Sparks, Consulting Planner Date: February 25, 2015 Meeting Date: March 3, 2015 Re: PRDC Conservation Design Planned Unit Development - Concept Plan Application Date: January 13, 2015 BACKGROUND / GENERAL PROJECT DESCRIPTION Property Resources Development Corporation, Inc. (PRDC) has made an application for a Conservation Design Planned Unit Development (CD-PUD) Concept Plan review. The applicant is proposing a 421ot CD-PUD on approximately 170 acres on a property located east of Homestead Trail and west of Deerhill Road and Morningside Road. A CD-PUD is a type of PUD permitted by the City where an alternative development plan (including increased density) to traditional zoning is employed in order to preserve ecological resources, wildlife corridors, scenic views, and rural character. SUBJECT SITE The property is identified as four parcels in the Hennepin County property tax records. The total area of the properties is approximately 170 acres. The property lies to the west of the western terminus of both Deerhill and Morningside Roads and east of Homestead Trail. There are several wetlands on the site including a large wetland area on the northern edge of the property that is greater than 30 acres in size. There are also areas of steep slopes on the property. The upland areas on the site are predominantly tilled farmland. The surrounding properties are residential in nature. The urban Medina Morningside and Keller Estates developments are to the southeast of the site. Otherwise, the site is surrounded by rural residential property. To the west of Homestead Trail is the Baker Park Reserve. To the south is the City of Orono. COMPREHENSIVE PLAN/ ZONING The property is zoned RR, Rural Residential. The surrounding properties are primarily zoned RR, as well. To the southeast there are properties zoned UR, Urban Residential and SR, Suburban Residential. In the Comprehensive Plan, this property is guided for a Rural Residential Land Use. The Rural Residential designation identifies areas for low -intensity uses, such as rural residential, rural commercial, farming, hobby farms, horticulture, conservation of ecologically significant natural resources and passive recreation. This area is not planned to be served by urban services during the timeframe covered by the current Comprehensive Plan. In rural areas, the City must maintain a maximum density of one unit per ten acres for all new development. The City generally utilizes the five acre contiguous suitable soils requirement in order to pursue this objective. This requirement has maintained the required density in the recent past and the City monitors rural subdivisions to ensure this standard is continuing to be met. In the Comprehensive Plan and through the CD-PUD Ordinance, allowances are granted for allowing open space development and maintaining rural character and simultaneously preserve significant natural resources. This result may take the form of innovative developments that clusters smaller lots on portions of a site in order to provide permanently conserved open space. Such innovative arrangements can help preserve the City's natural resources, open space and rural character, while still maintaining an average overall density of ten acres for each unit. While the City continues to enforce five contiguous acres of soils suitable for septic systems per lot, the City also may consider exceptions for open space developments, such as this proposal, that protect natural features and put land into permanent conservation. However, the Comprehensive Plan states that within the Metropolitan Council's long term sewer service area (LTSSA), "these exceptions will not be allowed to result in development with a density in excess of one unit per ten gross acres." Map 5-3 and 5-4 in the Comprehensive Plan identify this property as being in the LTSSA. The proposed density is approximately one unit per four gross acres. If the one per ten gross acres limitation is read in the aggregate, the City will need to account for impact of this additional density on its ability to provide flexibility for conservation design for future development on other sites. Medina's policy in the permanent rural area is to keep strict soil requirements for septic sites, but allow flexibility for Open Space design developments and to ensure that the permanent rural area will remain rural by eliminating the need for future extension of a sanitary sewer service to replace failing systems. A CD-PUD is an option that a property owner is encouraged to consider as an alternative to conventional development. The City will give heightened consideration to such requests where the opportunities to achieve conservation objectives are significantly higher than that available through conventional development. The Open Space Plan identifies this property as being a high quality natural resource area. The northern portion of the site is identified as primarily a tamarack swamp. Homestead Trail along the western edge of the site is identified in the plan as a scenic road. CONCEPT PLAN REVIEW Minimum Site Requirements The minimum land area required for a CD-PUD is 40 contiguous acres in the Rural Residential District. The subject property is 170 acres in size. Density of Development The CD-PUD District requires a base density calculation and then allows for additional density as part of the PUD flexibility. The base density is established by regulations in the underlying zoning district. In the Rural Residential District, the base density is determined by calculating the number of 5-acre areas of contiguous soils suitable for a standard sewage disposal system that are located on the subject property. In addition to the base density, additional density may be granted at the discretion of the City Council. Any additional density or additional number of dwelling units shall be calculated as a percentage of the base density. The total number of dwelling units in a CD-PUD development shall be guided by the density limitations contained in the Comprehensive Plan and may be up to 200% of the calculated base density. For this purpose, the applicant will need to clearly demonstrate the methodology used for determining the base density. In considering such flexibility for the additional density, the City must evaluate how well the project achieves the conservation objectives over and above that achievable under conventional development and the amount and quality of conservation area protected. 2 In the underlying zoning district, the requirement for minimum lot size is 5 acres of contiguous suitable soils. This would be based on the soils types and slopes found in Section 820.29 Subd. 5. The applicant has provided a graphic generally depicting 112 contiguous areas of suitable soils. This would mean a base density of 22 units. More detail on the calculations of the base density should be provided with the general plan and preliminary plat. Conceptual Lots The applicant is proposing 42 parcels that range in size from 1.2 to 2.6 acres in size. Setbacks are required to be 35 feet from local roads and 30 feet from interior lot lines. Some parcels may have to be adjusted to accommodate all required setbacks. The applicant has provided generalized building locations on the parcels. During the general plan of development and preliminary plat, the applicant will be able to provide more detail on the proposed grading/drainage and house footprints anticipated for this development to ensure they will properly fit within proposed building envelopes, especially on the parcels with steeper slopes. Staff recommends that conceptual driveways also be depicted on the general plan of development. Driveway grades and expected locations could be provided on the grading plan. Transportation System The primary road entrance to the development is proposed from Homestead Trail in Orono. The property in Orono is under the control of the developer. The road then goes north through the subject site and connects with Deerhill Road. There are two cul-de-sacs that are intended as private roads. The City typically requires such roads to be placed in outlots. The applicant will need to ensure the roads are built to the standards recommended by the City Engineer. No improvements to Deerhill Road are anticipated as a result of this development. The applicant is proposing a trail along the new street extending west from Deerhill Road in the northern portion of the site. It exits the site to the northwest and in the west central portion. The proposed trails are predominantly adjacent to streets and do not enter proposed conservation areas. There are trail corridors identified in the City's trail plan for these general areas. The Park Commission will be asked to review and comment. Utilities In rural areas, CD-PUD developments may be platted to accommodate home site lots with either individual septic tanks and all required drainfields/mound systems located on the lot, or individual septic tanks and primary drainfield/mount system located on the lot with the secondary drainfields/mound system located in the designated conservation area or other such open space. All septic systems shall conform to the current performance standards of Minnesota Rules Chapter 7080 and its appendices, or the amended Rules in effect at the time of installation. Except in instances where flexibility has been explicitly granted by the City, septic systems shall also conform to relevant City regulations, including the requirement to identify a primary and secondary drainfield site. The City may consider shared sewage treatment systems which are consistent with Minnesota Pollution Control Agency (MPCA) regulations and relevant City ordinances, provided adequate agreements are in place related to monitoring and maintenance procedures and replacement of the system in case of a failure. 3 Secondary drainfields/mound systems may be located in designated conservation areas provided that they are located within a limited distance of the lots they serve. Construction of drainfields/mound systems in these instances shall not result in the destruction of ecological resources. The conservation area or open space parcel containing the drainfield/mound system must be owned in fee by a common ownership association in which membership is mandatory. In these cases, the lot should have direct and ensured access to the area where the proposed secondary site is located. The applicant is proposing Multi-flo pre-treatment systems for the development. These systems provide and increased level of effluent treatment before being discharged to the drainfield. In order to operate effectively, these systems also require a higher degree of maintenance than a standard system. It may be advisable to have the HOA involved in the maintenance responsibilities, as a result of the increased density and smaller lots being contemplated. More detail on the proposed systems and the locations of septic areas will need to be supplied at the general plan of development. The applicant stated that their "goal is to design the project to accommodate individual septic systems and individual wells on each lot." They further state they are "proposing to utilize alternative wastewater treatment methods to accommodate, at a minimum, a primary septic system on each lot. At this time we believe it will be possible to provide individual wastewater treatment to each lot and avoid the use of community wastewater treatment." A portion of this site is located within the City's Drinking Water Supply Management Area. The City will need to have information on the wells in this area registered to monitor possible contamination sites. Wetlands There are numerous small wetlands on site and the large wetland on the north side. Upland buffers will be required. Setbacks to the buffers should be depicted on the general plan of development. In some locations the proposed roads go through wetlands. It may be preferable to avoid these impacts, especially near Lots 21 and 22. Tree Preservation / Landscaping Most of the upland subject site is tilled farmland. Tree removal would appear to be minimal. The applicant can identify any proposed tree removal at the general plan of development. The CD-PUD ordinance states that trees should not be removed from ridges and hilltops. Street trees may be planted, but are not required, along internal streets passing through common conservation areas or open space. Irregular spacing is encouraged for street trees, to avoid the urban appearance that regular spacing may invoke. The selection of vegetation should be guided by the natural community types identified in the City's 2008 Natural Resources Inventory. The ordinance encourages plantings of buffers between groups of houses and along drainage ways. Details on all required landscaping and buffer plantings shall be provided at the general plan of development. Conservation Areas The minimum required conservation area within a CD-PUD development is required to be at least 30% of the total buildable land area in the Rural Residential District or higher depending on the land and opportunities to achieve the City's conservation objectives. The total buildable land area is defined as the total area less the amount of land that includes: slopes greater than 18%, wetlands, required wetland buffers, lakes, and land contained within the 100 year floodplain. The applicant has provided a table that depicted the method by which they are calculating the percentage of conservation area, stating that the 4 conservation area is about 33% of the total buildable area. The general plan of development and preliminary plat will be able to illustrate and confirm this data. In the ordinance, it is stated that conservation areas are intended to be interconnected wherever possible to provide a continuous network of open space within the development and throughout the City. It should coordinate and maximize boundaries with conservation areas and/or open space on adjacent properties. The boundaries of designated conservation areas shall be clearly delineated and labeled on CD-PUD plans. These areas shall be delineated in the field with signage or other measures approved by the city. The conservation area shall incorporate public and private trails with connections to existing or planned regional trails as identified in the most recent Park, Trail and Open Space Plan. Designated public access trails shall be protected by an access easement owned by the City. The ordinance states that views of new dwellings from exterior roads and abutting properties should be minimized by the use of existing topography, existing vegetation, or additional landscaping. Ridge and hilltops should be contained within designated conservation areas wherever possible. Trees should not be removed from ridges and hilltops. In the CD-PUD Ordinance, conservation areas are required to be platted into separate outlots. The areas must be restricted from further development by a permanent conservation easement (in accordance with Minnesota Statute Chapter 84C.01-05). The easement must be submitted with the General Plan of Development and approved by the City Attorney. The permanent easement may be held by any combination of the entities defined by Minnesota Statute Chapter 84C, but in no case may the holder of the easement be the same as the owner of the underlying fee. The permanent conservation easement shall be recorded with Hennepin County and must specify the entity that will maintain the designated conservation area. To improve north -south conservation area connectivity, it may be recommended that the conservation area be connected in the areas of Lot 12. Land Stewardship Plan As stated in the ordinance, where a CD-PUD has designated conservation areas, a plan for the development, long-term use, maintenance, and insurance of all conservation areas, may be required. This land stewardship plan needs to define ownership and methods of land protection and establish necessary regular and periodic operation and maintenance responsibilities. The plan also needs to estimate staffing needs, insurance requirements, and other costs associated with plan implementation and define the means for funding the same on an on -going basis. This shall include land management fees necessary to fund monitoring and maintenance. A preliminary plan for this purpose will need to be submitted with the General Plan of development. A final plan for land stewardship shall be submitted with the final plan stage of PUD development. The plan shall contain a narrative describing existing conditions, including all natural, cultural, historic, and scenic elements in the landscape. It should also outline objectives for each conservation area, including the proposed permanent or maintained landscape condition for each area and any restoration measures needed to achieve the proposed permanent condition. Restoration measures should include measures for correcting increasingly destructive conditions, such as erosion and intrusion of invasive plant species as well as measures for restoring existing or establishing new landscape types. A maintenance plan shall also be included with activities needed to maintain the stability of the resources, including mowing and burning schedules, weed control measures, planting schedules, and clearing and cleanup measures and schedules. Estimate of the annual on -going (post restoration) operating and maintenance costs shall be 5 provided, as well. At the discretion of the City, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of conservation areas for up to four years depending on restoration measures. The applicant has stated they are working with the Minnehaha Creek Watershed District on creating a land stewardship plan. Park Dedication Park dedication will need to be provided in a manner consistent with City ordinances. As noted above, trail corridors are identified from existing Deerhill Road west through the subject property, and also in the upland area north of the large wetland. The Park Commission reviewed the concept at their February meeting. They generally recommended a trail connection from Morningside, through some of the conservation areas and to the northwest of the site, a turf trail connection from Deerhill Road to the northwest of the site, a dual use trail corridor where these two segments meet, and a turf trail on the northeast side of the large wetland. REZONING If a final PUD plan is approved by the City, the subject property will be rezoned to Conservation Design- PUD District (CD-PUD). The permitted uses and all other regulations governing uses on the subject land shall then be those found in the CD-PUD zoning district and documented by the PUD plans and agreements. CD-PUD REVIEW The purpose of the CD-PUD District is to preserve the City's ecological resources, wildlife corridors, scenic views, and rural character while allowing residential development consistent with the goals and objectives of the City's Comprehensive Plan and Open Space Report as updated from time to time. The specific conservation objectives of this district are to: 1. Protect the ecological function of native hardwood forests, lakes, streams, and wetlands. 2. Protect moderate to high quality ecologically significant natural areas. 3. Protect opportunities to make ecological connections between parks and other protected lands and ecologically significant natural areas. 4. Protect important viewsheds including scenic road segments. 5. Create public and private trails for citizens to access and enjoy Open Space resources. 6. Create public and private Open Space for citizens to access and enjoy Open Space resources. Additionally, in Section 827.25, the City states the purpose of a planned unit development. It states that the PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, and other development standards is intended to encourage: 1) Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. 2) Higher standards of site and building design. 3) The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. 4) Innovative approaches to stormwater management and low -impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. 5) Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. 6 6) A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. 7) An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 8) A development pattern that effectuates the objectives of the Medina Comprehensive Plan. PUDs are not intended as a means to vary applicable planning and zoning principles. 9) A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. In Section 827.35 Subd. 4, it states that the City must base its action on the PUD on the compatibility of the plan with the purpose statement above, consistency with the Comprehensive Plan, impact of the plan on the neighborhood in which it is located, and the adequacy of the following: internal site organization, uses, densities, circulation, parking, public facilities, recreational uses, open space, and buffering and landscaping. The purpose of the concept plan review for a CD-PUD is for the applicant to explain the general intent of the plan, for the Planning Commission and City Council to provide advisory comments to the applicant, and for the public to give input. No comments from the Planning Commission or Council imply any future approvals or commitments from the City. If the City Council does not feel the proposed plan meets the purpose of a PUD or more specifically a CD-PUD, comments on how to improve the plan should be provided. PLANNING COMMISSION REVIEW The Planning Commission reviewed the concept plan at their February meeting. The Commissioners provided the following general comments (as summarized from the draft minutes): "Albers stated that he has concerns with the number of lots proposed for the rural residential area as well as the comments made regarding the forest area. Foote appreciated the intent to create open space but did have concern with the number of lots proposed. Foote stated that while most people would utilize Homestead Trail, he believed that Deerhill Road would also need to remain as a connection. Muffin stated that she would be concerned with Deerhill Road and would want more information on that situation. Murrin stated that she would like to see additional information on the septic system proposed. Williams stated that there are not many conservation easement developments and questioned if there are, or will be, others in the City. He stated that his approach would be to determine what the City is gaining through the proposal that would warrant an increase in density. He stated that the applicant is requesting about 190 percent in density bonuses but did not feel that there were significant ecological resources that would be protected, as the wetlands would already be protected. He stated that the previous resource inventory was done approximately ten years ago and would like to see more information. He stated that he would be viewing the request in terms of what the City is gaining compared to what the City would be giving in bonuses. He stated that while the decision regarding Deerhill Road would not need to be made at this point that issue would need to be considered because the more homes in the area, the more pressure that would be placed on the roadway. He stated that this proposal is an improvement but believed the density proposed is too high as the density bonus should be in line with what is actually being conserved. 7 Reid echoed the comments from Williams in regard to the excess bonus being requested by the applicant. She referenced the issue of the septic system and believed the Home Owners Association (HOA) would need to be involved with the ongoing maintenance. She stated that she would like to see Deerhill Road preserved in its current state. She thanked everyone for their participation." STAFF RECOMMENDATION City Staff recommends that the City Council review the concept plan and provide comments to the applicant. The Council should especially consider if the proposed plan meets the intent of the CD-PUD Ordinance. ATTACHMENTS A — Excerpt from DRAFT 2/10/2015 Planning Commission minutes B — Excerpt from DRAFT 2/18/2015 Park Commission minutes C — Aerial Photo D — List of Documents E — Engineering Comments dated 2/6/2015 F — Applicant Narrative G — Applicant Graphics 8 Medina Planning Commission Excerpt from DRAFT 2/10/2015 Meeting Minutes Public Hearing — Property Resources Development Corporation — PUD Concept Plan for a Conservation Design Subdivision of 421ots on 170 Gross Acres Located East of Homestead Trail and West of Deerhill Road Sparks provided additional information on the process for a Planned Unit Development (PUD) Concept Plan as well as conservation design subdivisions. He identified the subject site, which is approximately 170 acres in size and is primarily farmland and wetlands. He stated that the property is currently zoned rural residential, which would allow one unit per ten acres. He explained that the conservation design district would allow for density bonuses if the criteria can be met. He provided additional information on the septic system proposed for the development by the applicant and advised that the tree preservation plan would be addressed during the Preliminary Plat phase of the review. He stated that the Commission should review the request to determine if it meets the criteria of a conservation design subdivision. Williams referenced the conservation easement objectives and questioned which aspect specifically would apply to this parcel that would be protected. Sparks advised that there are significant wetlands, including one identified as a Tamarack Swamp. Williams inquired if the base density allowed under this situation would be 22 homes, prior to density bonuses. He questioned how many homes would be allowed for development if the developer would have just wanted to develop the land outside of this type of request. Sparks confirmed that a different calculation would be used to determine the allowable number of homes outside of this type of request. Williams reference the multi-flo septic system proposed and asked for additional information regarding the performance of the system. Finke stated that there are a number of this type of system installed throughout the City. He advised that the system is on the list of allowable technologies. He did know of any concerns with systems that have been installed in Medina. He explained that the active parts of the treatment plant need to be maintained in order to ensure operations. Sparks confirmed that the maintenance is handled by the homeowners but noted that additional information in that aspect would come forward further in the review process. Reid referenced tree preservation and confirmed that aspect would not be discussed until the Preliminary Plat review phase of the process. Murrin referenced the access points proposed and questioned if Orono has been approached to determine if they would approve of that access. She also questioned if Deerhill Road would need to be expanded. Finke advised that this is simply the review of the Concept Plan and those aspects would be discussed further along the process. Jennifer Haskamp, SHC, introduced those present to represent the applicant tonight. She stated that they have been working on this plan for the past few months in order to create a plan that would meet the criteria of the conservation design ordinance. She stated that there are approximately 40 acres of buildable area proposed to be located in the conservation easement noting that the plan integrates open spaces with the lots and also provides buffers between the properties to preserve the character of the neighborhood. She also identified a trail corridor included in the plans to coincide with the desires of the 1 Medina Planning Commission Excerpt from DRAFT 2/10/2015 Meeting Minutes City. She stated that they have entered into a memorandum of understanding with the Watershed in order to take a proactive approach to providing the best function of the areas proposed to be protected. She stated that they have really tried to develop a functional plan that respects the land and the concerns that have been voiced by neighboring property owners. Williams referenced the map, which identifies the wetlands and asked if there is another map that identifies conservation areas that are not already protected. He questioned which land the City is gaining into a conservation easement that would not already be protected. Haskamp referenced that map and identified the color used to highlight that area, noting that is approximately 40 acres of land in addition to the wetland and wetland buffer areas. Williams questioned which ecological resources would be protected by this proposal in addition to the Tamarack Swamp. Haskamp stated that there are different methods to achieve the objectives. She stated that there is an inherit value to the Tamarack Swamp. She stated that there are pocket wetlands and they are proposing to improve the quality of those wetlands to benefit not only this property but also the surrounding region. Williams questioned what resources exist within the areas identified with the dark green color that are not wetland but proposed to be conserved. Haskamp explained that the areas are currently being farmed and this project would provide an opportunity to protect the wetland boundaries existing and actually improve those wetlands. She stated that although those wetlands exist, the function is not as high as it could be. She referenced an area to the east where there are not only wetlands but also trees that would be preserved. She stated that the City plan identifies this parcel as having high natural resource value and therefore they have identified the corridor and open space area to match the Comprehensive Plan of the City. She advised that the required land stewardship plan would be developed in the next phase of this process. Foote referenced a large wetland that he believed is located on the Orono portion of the property and stated that it appears three lots will go directly over that wetland. Haskamp stated that the Concept Plan excludes the Orono site. She stated that they will make every effort possible to provide a primary septic system on each site but stated that there may be an area or two where a community system would be needed. Reid questioned how the number of homes was determined. Haskamp stated that they used the base calculation for the ordinance and then determined what they felt would be accomplished, in addition to maintaining consistency with the settlement. Reid opened the public hearing at 7:56 p.m. Finke advised of written items that will become part of the record. Stuart Alger, Attorney for resident residing at 2725 Deerhill Road, stated that his comments relate specifically to Deerhill Road. He stated that the residents along Deerhill Road are concerned that this project threatens the unique condition of Deerhill Road, specifically the tree canopy. He stated that the Concept Plan is an improvement from past plans for development. He stated that the Concept Plan does not identify plans for Deerhill Road but noted that the residents are concerned that there would be 2 Medina Planning Commission Excerpt from DRAFT 2/10/2015 Meeting Minutes pressure to widen Deerhill Road, which they are opposed to. He stated that two possible options were included in his written comments including making Deerhill Road a private road, which staff has stated they could possibly support. He advised that the other would be that the main access road would remain public but that the connection to Deerhill Road would be for maintenance or emergency use only, noting that a gate would then be installed in that location. He stated that staff has stated that they would not support the second option but advised that is the option that the residents would prefer. Williams asked for input from staff regarding the gate option. Finke explained that there would be two cul-de-sacs that would need to be maintained and advised of the other burdens the gate option would place on staff. He explained that if the roadway is to be a public street, full access would be needed. Reid questioned if there is any possibility that Deerhill Road could remain narrow with this development. Finke explained that as part of a development review staff also needs to review the surrounding infrastructure to determine if those aspects can support the development. He stated that on the previous development proposed Deerhill Road had been the primary access point for the development and noted that in this plan the primary access point would be Homestead Trail so that would be a difference. He advised that the impact to existing infrastructure would be reviewed further into this process to determine if improvements would be needed. Foote confirmed that the existing Deerhill Road does not meet the minimum road standards. Murrin questioned who owns the land that would be needed should the road need to be expanded. Finke explained that acquisition of right-of-way would be a part of a public improvement process if that step is needed. Steve Pflaum, 2725 Deerhill Road, stated that he believes the Concept Plan proposed is a large improvement over what had originally been proposed. He stated that the density would be mitigated by the large open space areas. He stated that this is a significant proposal for the City. He referenced the presentation of the applicant, which includes preservation of a wooded area and noted one lot that would not preserve that area. He stated that it appears the City would like to widen Deerhill Road as a part of this project and was strongly opposed to that option. He noted that would require a significant amount of trees to be cut down and believed that there are better alternatives. He recognized that is not part of the Concept Plan review tonight but wanted to ensure that the concerns of the homeowners are addressed. Nancy Lindlee, 1588 Homestead Trail, commented that it seems that this proposal includes too many homes for a rural residential area. She referenced the septic issue and was concerned that 42 septic tanks could leak into the drinking water area for the City. She did not believe that this was the right type of development for this space. Tom Rassieur, 1845 Willow Drive, echoed the concern regarding the septic system. He also has concerns regarding the water table as the homes would be pumping water to irrigate their lawns. He was also concerned with the long-term maintenance of the septic system and what would occur if the homeowner chooses not to maintain the septic system. He questioned if there would be environmental effects that are not recognized at this time. He found it odd that the proposal is completed in corporate names and wanted to know more specific information on the people included in this development and their track record. 3 Medina Planning Commission Excerpt from DRAFT 2/10/2015 Meeting Minutes Amy Alworth, 1602 Homestead Trail, asked the Commission to preserve the rural quality of Homestead Trail and asked the Commission to maintain consistency with the Comprehensive Plan. Reid closed the public hearing at 8:17 p.m. Reid commended the members of the public in attendance for their participation and summarized the concerns brought forward by the public. Williams confirmed that no decisions would be made tonight and explained that this is simply a format in which to provide comments to the applicant. Albers stated that he has concerns with the number of lots proposed for the rural residential area as well as the comments made regarding the forest area. Foote appreciated the intent to create open space but did have concern with the number of lots proposed. Murrin stated that she would be concerned with Deerhill Road and would want more information on that situation. She referenced the issue of sewer and questioned if there would be an option to connect to City sewer. Reid stated that there would not be an option for City sewer. Murrin stated that she would like to see additional information on the septic system proposed. Foote stated that while most people would utilize Homestead Trail, he believed that Deerhill Road would also need to remain as a connection. Williams stated that there are not many conservation easement developments and questioned if there are, or will be, others in the City. He stated that his approach would be to determine what the City is gaining through the proposal that would warrant an increase in density. He stated that the applicant is requesting about 190 percent in density bonuses but did not feel that there were significant ecological resources that would be protected, as the wetlands would already be protected. He stated that the previous resource inventory was done approximately ten years ago and would like to see more information. He stated that he would be viewing the request in terms of what the City is gaining compared to what the City would be giving in bonuses. He stated that while the decision regarding Deerhill Road would not need to be made at this point that issue would need to be considered because the more homes in the area, the more pressure that would be placed on the roadway. He stated that this proposal is an improvement but believed the density proposed is too high as the density bonus should be in line with what is actually being conserved. Reid echoed the comments from Williams in regard to the excess bonus being requested by the applicant. She referenced the issue of the septic system and believed the Home Owners Association (HOA) would need to be involved with the ongoing maintenance. She stated that she would like to see Deerhill Road preserved in its current state. She thanked everyone for their participation. 4 Medina Park Commission Excerpt from DRAFT 2/18/2015 Meeting Minutes Property Resources Development Corporation — PUD Concept Plan for a Conservation Design subdivision of 421ots on 170 gross acres located east of Homestead Trail and west of Deerhill Road — Park Dedication Discussion Gallup presented the staff report for Property Resources Development Corporation, which has applied for a PUD Concept Plan for a Conservation Design subdivision of 421ots on 170 gross acres located east of Homestead Trail and west of Deerhill Road. She noted that approximately 40 acres of the site is buildable property and the applicant is proposing to conserve 33% of it. She stated that 50 acres is unbuildable wetlands and buffers, which will also be conserved. Gallup noted that under the Conservation Design subdivision the code permits flexibility and potential density bonuses up to two times the density in order to preserve ecological resources, wildlife corridors, scenic views, and rural character. She noted that the subject site has a large wetland/tamarack swamp on the north end of the site with the remaining property as tilled farmland. The large wetland is identified as moderate quality in the Minnesota Land Cover Classification System (MLCCS) and the property is identified as a priority area in the Open Space Report. Gallup noted that the plan identifies two trail corridors. One corridor runs east to west from the end of Deerhill Road to the western boundary. The other corridor goes north from the east -west trail to the edge of the wetland. Gallup stated that the Park and Trail Master Plan identifies three turf trail corridors. One corridor from Willow to Homestead approximately along Deerhill. The second corridor along the southern edge of the tamarack swamp and the third corridor along the northern edge of the tamarack swamp. Gallup noted that for park dedication purposes, the city can require 10% of the buildable land, 8% market value or a combination. If the city took the full 10% of the buildable land it would be approximately 13.22 acres. If the city took the full cash fee it would be estimated at $336,000. If a combination, the city only deducts trail easements outside of the right-of-way. No credit would be given for pedestrian ways in the right-of-way which act as sidewalks. Gallup listed the following items for discussion: • Confirm an interest in a trail north of the wetland, because it wasn't shown on the applicants plan. • Determine the type of trails. The master plan calls for turf, but discuss any interest in a multi -use paved trail between Willow Drive and Baker Park Reserve. • Trail locations are proposed immediately adjacent to streets. Is there any interest to have trails in the conservation areas? 1 Medina Park Commission Excerpt from DRAFT 2/18/2015 Meeting Minutes • Concern over ability to build a trail along Deerhill. Is there an alternative eastern connection? • No park proposed by applicant, but property is in the half mile radius of Medina Morningside Park. Is there a need for an internal park or a connection to Medina Morningside Park? Jennifer Haskamp introduced herself as the Planning Consultant here on behalf of the developer and property owner. She noted that they had come up with the existing plan by first looking at the areas on their property that needed to be conserved such as the wetlands, steep slopes and vistas to the tamarack swamp. She stated that they affectionately call the one acre lookout point to the tamarack swamp "the island", noting that this area has quite spectacular views. Haskamp stated that it was the land owner's intent to also show a trail easement on the northeast corner of the site to be able to enjoy the view of the tamarack swamp from the north. Haskamp showed that the Trail Plan's east -west connection is provided by following the right- of-way up and down along the curved road. She noted that the north -south connection is provided in the open space and continues up to the island. She clarified that the trails are being proposed within the right-of-way, but the roads are planned to be narrow which will allow for the trail to be separated from the road by a boulevard. Haskamp stated that the City's Comprehensive Plan has a passive park study area shown right where this property is located. She stated that the island is approximately one acre in size and would be a perfect location for a natural park. Reid observed that the north -south trail connection would run through the back yards of lot 1 and lot 2. She questioned if those future land owners would know about the planned trail? She also questioned if the other future landowners would be aware that horses could be riding through the turf trail in their front yards? Haskamp described the various conservation areas on the site, noting that the center 40 acres will be undergoing some wetland restoration to help the wetlands better function together. The "D" shaped area to the south of the curved road would have low plantings and is envisioned as a communal area for neighborhood gatherings. She noted that the next step in the process would be to create a land stewardship plan, noting that they have initiated conversations with the Minnehaha Creek Watershed District. Scherer stated that there is a need to connect Medina Morningside to Baker Park Reserve and to get the school kids from this development down to the Willow Drive Trail, but the people using these trail connections will want asphalt not turf. 2 Medina Park Commission Excerpt from DRAFT 2/18/2015 Meeting Minutes Lee stated that he would like to see a trail connection from the cul-de-sac in Medina Morningside to the trails in this plan, with the trails running north and then west through the conservation areas. He noted that as a Park Commission, they have been trying to create off road trails. Scherer noted that the city is constrained on Deerhill Road as they are limited to statutory use of the road. He also noted that the lots on Deerhill are small and will not subdivide in the future. Haskamp stated that the land owner and developer are opposed to paved trails through the conservation areas to preserve the character of these areas. Haskamp suggested that the trail connection from Morningside should head straight west through the side yards of lots 39 and 40 and connect to the road instead of going straight north through the conservation area. Meehan asked what the anticipated demographics of the people that will live in this subdivision. She questioned if it would be families and Orono school kids? She asked Haskamp if she saw a benefit to connect this subdivision with Medina Morningside to access the park? Haskamp stated that there absolutely was a benefit to connect this subdivision to the park. She was not sure of the exact demographics of the neighborhood, but imaged there would be families living there with the close proximately to Orono Schools. She stated that they are currently in the process of doing a market study to determine the demographics and what types of amenities should be included in the subdivision, such as a community pool or tot lot. She noted that this subdivision is different than the typical subdivision because the lots are one to one and a half acres in size and are all positioned to be able to enjoy more acreage of protected space. She envisioned that some of the property owners may be empty nesters looking to downsize from a ten acre parcel. These people will have the feeling of a five acre parcel without having to maintain five acres because of the way the lots will be positioned. The Park Commission came to a general consensus and provided the following comments to the applicant: • Would like to see a trail connection to Medina Morningside. • Would like to see turf trails and some bike connection/paved trail from east to west. 3 Project: LR-15-151— PRDC CD PUD Concept Plan The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 1/12/2015 1/12/2015 3 Application Y Fee 1/12/2015 1/12/2015 1 Fee Y $1000 Mailing Labels 1/12/2015 1/12/2015 9 Labels Y Narrative 1/13/2015 1/13/2015 18 Narrative Y 18 pages + cover Graphics 1/13/2015 1/13/2015 7 Graphics Y 5 graphics, 2 plan sheets Alta Survey 1/20/2015 11/26/1993 1 Alta Survey N Base Density Calculation 1/20/2015 1 Base Density N Certificate of Title 1/27/2015 1/16/2007 3 Certificate of Title N Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 1/22/2015 2 Legal Comments Engineering Comments 2/6/2015 2 Engineer Comments 2-6-2015 Engineering Comments 1/22/2015 2 Engineer Comments 1-22-2015 Fire Marshal Comments 1/20/2015 1 Fire Comments Three Rivers Comments 2/2/2015 1 Three Rivers Comments No Comments Police Comments 1/14/2015 1 Police Comments No Comments Mailed Notice 1/3/2015 13 Notice Planning Commission Report 2/5/2015 7 Park Commission Report 2/11/2015 4 Public Comments Document Date # of pages Electronic Jim Lane email 2/9/2015 1 Lane Margaret Mason email 2/10/2015 1 Mason Excerpt from Planning Commission minutes 2/10/2015 Excerpt from Park Commission minutes 2/18/2015 Mi►SB c�C Associares, Inc. engineering • planning • environmental • construction 707 Xenia Avenue South Suite 300 Minneapolis, MN 55476 Tel: 763-547-4800 Fax: 763-547-7700 February 6, 2015 Mr. Dusty Finke Planner City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: City Project: PRDC Conservation Design PUD WSB Project No. 02712-330 Dear Dusty: We have reviewed the concept plan submittal dated January 13, 2015 for the PRDC Conservation Design PUD. The plans propose to construct improvements to serve a 42 single family homes. We have the following comments with regards to engineering matters. 1. Street design should meet a 30-mph design speed. Future submittals should include horizontal curve data. 2. It appears several existing wetlands will be impacted by this development. Future submittals should discuss mitigation plans for these wetland impacts. 3. It is our understanding these alternative systems require more maintenance than traditional septic systems. We recommend if these systems are permitted that the HOA be required to contract with a system maintainer to insure these systems function properly. 4. Having these "alternative" septic systems discharge to a full sized drainfield that provides the 3-feet of safety in the event these systems are not properly maintained. 5. The date and source of the survey information should be provided. 6. The legend on Figure 2 states the soil survey is derived from HCSS and Sathre-Bergquist Tamarack Ridge Preliminary Plat. Figure 2 should clearly show where the soil survey has been revised from the HCSS mapping. 7. The southern end of the "through road" is proposed to be constructed in Orono. The applicant should provide evidence satisfactory to the City Attorney that Orono will permit this work. 8. Any agreements between Orono and Medina for the portion of the proposed roadway in Orono should define who is responsible for maintenance and ownership of this roadway segment. PRDC Conservation Design PUD February 6, 2015 Page 2 9. The City should review the needs for any parks in this area. 10. The applicant should provide evidence that Hennepin County has approved the proposed roadway connection to Homestead Trail. 11. The City should review the need for any improvements to the existing segment of Deer Hill Road between the subject property and Willow Drive. 12. The "through road" would be considered a local roadway and by City Code shall have street grades no less than 1% and no greater than 8%. Cul-de-sac street grades shall not exceed 8%. 13. Driveway grades shall not exceed 10%. Please contact me at 612-209-5113 if you have any questions. Sincerely, WSB & Associates, Inc. Tom Kellogg �% a p p l i c a t i o n o n s e r v a t i o n d e s i g n P l a n n e d U n i t D e v e l o p m e n t ( C D - M D ) o n c e p t P l a n s u b m i t t e d t o i t y o f M e d i n a , M i n n e s o t a a p p l i c a n t r o p e r t y R e s o u r c e s D e v e l o p m e n t C o r p o r a t i o n , I n c . ( P R D C ) o w n e r t o n e g a t e F a r m , I n c . d a t e J a n u a r y 1 3 , 2 0 1 5 Table of Contents Narrative 3 - 11 Table 1: Site Tabulation 8 Table 2: Lot Count & Size 8 Figures Zoning within 1,000 Ft. of Property Wetlands & Soils 2-Foot Contours & Slope Analysis Vegetation & Vistas Site Design Process Concept Plan Adjacent Properties & Utilities/Easements Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 NV1c1 IscliDNOD Cincl-CD 2 General Information (a)(1) & (2) Applicant: Owner: Property Resources Development Corporation, Inc. (PRDC) 6851 Flying Cloud Drive Suite A Eden Prairie, MN 55344 Stonegate Farm, Inc. 6851 Flying Cloud Drive Suite A Eden Prairie, MN 55344 (a) (3) Attorney: Civil Engineer & Surveyor: Site Design: Monroe Moxness Berg 7760 France Avenue S., Ste. 700 Edina, MN 55435 Sathre-Bergquist 150 Broadway Ave. S Wayzata, MN 55391 J Scalzo Design, LLC 940 Ridge Point Blaine, MN 55434 Planner: Septic Engineer: Septic Design: SHC, LLC 246 S. Albert St., Suite 2A Saint Paul, MN 55105 Halling Engineering, Inc. 3727 E 255th St. Webster, MN 55088-9514 Miller's Sewage Treatment Solutions 9075 155th Street Kimball, MN 55353 (a)(4) Evidence of Sufficient Control See pages 2 and 3 of the Application signed by the Applicant and Owner and the Contingent Settlement Agreement dated and executed December 18, 2014 Present Status (b) (1) Location: PIDs: Acres: Legal: NE of the CR-6 and Homestead Trl. Intersection 21 118 23 31 0001 21 118 23 34 0002 21 118 23 34 0003 28 118 23 24 0001 170.49 (Approx.) Attached NV1c1 IscliDNOD Cincl-CD 3 (b)(2) Existing Zoning: The Subject property is zoned Rural Residential. Figure 1 shows all properties within 1,000-feet of the proposed project with existing zoning classifications as obtained from the City's website on 1/10/2015. Adjacent zoning districts include Rural Residential to the north and northeast, Suburban Residential along the southeast, Public/Semi-Public (park) to the west and RR-1B (2-acre) to the south in Orono. (b)(3) Existing Figures 1 and 7 depicts existing development of the Subject property and properties Development within 1,000 feet of the proposed project (c) Proposed Market & Market Demand PRDC believes that the unique characteristics and conservation approach to this project will make it appealing to a variety of potential buyers. The site plan is laid out in a way to appeal to a variety of demographics, allowing for custom houses to be tailored to the individual needs of the buyer. Initial market study from our team indicates that this type of subdivision does not currently exist in the marketplace, at least not with this variety of lot sizes and extensive protected open space, and therefore should perform well in the market. PRDC intends to engage a market research professional over the next several weeks to research the potential demand, and consequently absorption rates, of this type of product to ensure phasing is consistent with the market needs (see Section (g) for further discussion). Additionally, we understand that the City is interested in maintaining housing diversity throughout the community to ensure there are options available to current and future home owners ranging from affordable to the high -end of the market. Recent developments considered in the City have included an affordable rental housing project and entry-level and mid -level single family residential developments. The proposed development will likely cater to the higher end of the buyer spectrum rounding out the options available to those wishing to either move into the area, or offer move -up opportunities to those who currently reside in the City. Further, the southwestern portion of the community is populated with conventional subdivisions such as the Morningside and Keller Estates neighborhoods, or very large -lot rural residential development and lacks the innovative developments that can be seen in other areas of the community. As such, we believe that this project will bring a new vitality to the area while blending in seamlessly with the surroundings and offering amenities not only to the development itself, but to the City as well. Relationship to Comprehensive Plan & Adjacent Uses of Neighboring Property The City's Comprehensive Plan ("Plan") has guided the Subject property as Rural Residential which is defined as, "areas for low -intensity uses, such as rural residential, rural commercial, farming, hobby farms, horticulture, conservation of ecologically significant natural resources and passive recreation..." The Subject property is also identified on Figure 7-2 of the Plan as a "Moderate to High quality Natural Area" on the Open Space Plan Priority Areas. NV1c1 IscliDNOD ClrUCID 4 As depicted on the Concept Plan shown on Figure 6, our Team has carefully designed and planned for the seamless integration of the project into the surrounding area, and the adopted Comprehensive Plan, through the following site design characteristics: • Greenways are thoughtfully designed to maximize contiguous areas and align with the goals and objectives as laid out in several of the City's and cooperating agencies' policy documents. Homesites internal to the development are placed in strategic clusters allowing for the protection of more than 30% of buildable upland areas, and more than 50% of the gross site. • Conservation areas are aligned with the most significant wetland areas that are intended to be restored in some capacity, improving the function and quality of surface water on the site. • While lot sizes will vary throughout the development, individual lots will feel as expansive as many of the adjacent larger -lot rural residential areas due to the integration of conservation areas and additional protective covenants ensuring viewsheds and vegetative quality are protected. • Roadways are designed as rural section and to minimize the impervious surfaces throughout the development to the greatest extent possible. (d) Site Conditions The site is approximately 170 acres and is generally located east of Homestead Trail, and north of County Road 6. Deer Hill Road is stubbed into the eastern edge of the site with approximately 80 acres lying north and 90 acres lying south of the road. The City of Medina jurisdictional boundary runs along the southern property line, and there is an additional 23 acres associated with Stonegate Farm located in the City of Orono. The site is slightly irregular in shape along the western boundary and provides approximately 720- feet of frontage on Homestead Trail, with the property tucked behind some existing rural residential lots to the west. The southeastern property line is bordered by the Momingside and Keller Estates neighborhoods as well as several rural residential properties of varying lot sizes. The northern 40 acres of PID 28 118 23 24 0001 is relatively flat with some minor topographic changes, and generally slopes south to north. The southern 50 acres of PID 28 118 23 24 0001 has some more significant topographic changes, and generally slopes north to south with the steepest slopes along the southern perimeter of the site. The northern 80 acres of the site (PIDs 21 118 23 31 0001, 21 118 23 31 0002, 21 118 23 31 0003) generally slopes from south to north, and includes a large wetland area comprising nearly 31 acres of the northernmost parcel (known as the Tamarack). There are intermittent wetlands located throughout the site, and some tree stands located mostly near the perimeter of the site, as the majority of the site has been agricultural production. Additionally, along the western and eastern edge of the site, there are several rows of trees that were planted by the Owner, and are currently managed as a nursery. NV1c1 IscliDNOD ClrUCID 5 (e) and 827.73 Concept Plan Design Process & Schematic Drawings The PRDC Team developed the Concept Plan, Figure 5, utilizing the City's Site Design Process as identified in Section 827.73 in the Conservation Design Ordinance, and incorporating information collected during due diligence and review of the existing site conditions of the Subject property. (See Figures 2 through 5 which demonstrate the site design process). One of the key components in the conservation design process is to create a Yield Plan to establish the base density (number of lots permitted with existing zoning) under consideration for the development. Sathre-Bergquist has prepared an analysis based on Figure 2 which demonstrates a base density of 8-lots on the north 80-acres consistent with the Tamarack Ridge preliminary plat from 2012; and a base density of 14-lots on the south 90-acres utilizing the Hennepin County Soil Survey (HCSS). In late 2013 the City of Medina also assessed the Owner for 141ots on the south 90-acres of the property as part of the Willow Road improvements. Utilizing this information, Sathre-Bergquist has created a yield plan which shows 22-lots on the Subject property supporting both the City's Assessment and HCSS. In addition to the Site Design Process and establishing the Yield Plan for the project, PRDC understands the importance of respecting the relationship between the Subject site and adjacent properties. Therefore, some of the key considerations used to develop the Concept Plan were: • Adjacent, existing neighborhoods to the east of the property are guided Low Density and Medium Density Residential. The lot sizes in the these land use designations range from 15,000 square feet to(Th approximately an acre. It was important to our Team to ensure the proposed Concept Plan is consistent with adjacent neighborhood patterns and, while there are no lot size standards in the CD-PUD, we did j not introduce lots sizes that were incompatible with the surrounding area. • Respecting existing rural residential properties was also an important consideration, and strategic buffering through vegetation, wetlands and topographic changes will protect existing lower density properties. • As demonstrated in the Site Design Process, topography of the site played a significant role in the design of the Project and guided road alignment, home placement, and amenity locations. 0 • The south and southwestern edges provide exceptional views across Baker Park, and it is PRDC's objective to ensure that as many home owners as possible are able to enjoy and experience those views from their properties. Additionally, since this area of the site borders existing rural residential homes, we have setback homes from the `edge' and introduced an open space area to ensure that not only are rn views protected from the site, but looking onto the site as well. • Integration of the wetlands, including consolidation and restorations, will provide a natural "corridor" of open spaces that future and existing residents in the area can enjoy. These spaces will enhance the neighborhood and ultimately improve water and environmental quality. r- • Establishing key partnerships with organizations and agencies interested in the maintenance and management of the conservation areas will ensure their long-term improvement and ultimate restoration 6 potential. Our team is working diligently to establish these partnerships and make sure they exist into perpetuity. • Creation of covenants and a detailed homeowner's association document will ensure the protection of the conservation areas through well documented roles and responsibilities of all parties with an interest in the protection of the open spaces on the site. • Designing each home site to accommodate a primary septic and individual well will ensure the long- term viability and success of the individual homes, and ultimately the homeowner's association. (f) Site Tabulation and Characteristics Based upon the above stated considerations our Team designed the Concept Plan. The attached Concept Plan includes lot sizes ranging from approximately 1.0 acre to 2.0 acres. As demonstrated on the Concept Plan, a "corridor" of conservation open space along the eastern edge of the site will provide restoration and protection opportunities to existing wetland areas as well as some of the big woods remnants which can be found along the perimeter in this area. Additionally, this conservation area will connect into the wetland complex found in the middle of the site and will offer additional opportunities for restoration and connectivity into the corridor. There are several acres of conservation area that are integrated throughout the site offering opportunities to the future residents of the development, as well as the greater neighborhood, to enjoy the conservation and open space amenities. Trail development and connections were carefully integrated to allow pedestrians, cross-country skiers and horse riders access to some of the most ecologically interesting areas of the site, including the Tamarack and the `island' on the north side of the project site. Thoughtful integration of the conservation areas with the homesites will ensure the long-term viability and success of these amenities for not only the neighborhood but the City as well. Minimizing the roadways will help ensure the protection of the conservation areas and improve the site's water quality. As such, the proposed lots within the development will be served by a road network that includes a main curvilinear roadway connecting Homestead Trail with Deer Hill Road, and two secondary private cul-de-sacs which will access the main road. At our initial kick-off meeting city staff indicated a desire to minimize the amount of roadway within the development and encourage - where possible - the use of the primary access from Homestead Trail. We believe our Concept Plan and proposed road network responds to those recommendations in the following ways: The road "spine" is primarily oriented north -south from Homestead all the way into the northern 80-acres of the project site thus resulting in direct visual access to the primary entrance for approximately 70% of the lots. Generally, people travel in the pattern that is the most obvious, and visual access is a key contributor to a driver's decision making. • One curvilinear road is proposed as opposed to a grid. This will help reduce the potential of cut -through traffic, and the curvilinear design will help reduce speeds for those travelling in the neighborhood. • The "spine" provides primary access to the majority of the proposed lots and only two private cul- NV1c1 IscliDNOD ClrUCID 7 de -sacs are necessary. In addition to the alignment, the cul-de-sacs were designed to reduce as much impervious coverage as possible. The road network was designed to be efficient while still complying with the City's ordinances and standards for roadway and access design. The main access at Homestead is located in the City of Orono, but traverses land that is owned by Stonegate Farm (Owner). We have spoken with city staff from the City of Orono and anticipate that this access will be acceptable to them and Hennepin County. We will make the appropriate applications at Orono, and Hennepin County if applicable, concurrently to our applications for a General Plan of Development at Medina to ensure the viability of this access location. The design of the main roadway on the Concept Plan includes a 60-foot right-of-way ("ROW") and 24-feet of paved roadway. Our preference would be to construct the road to 22-feet of pavement with 50-feet of ROW to reduce the quantity of impervious surface associated with the roadway and to better integrate the new portion of roadway into the current and future plans of Deer Hill Road. However, we will continue to show the roadway with 24-feet of pavement and 60-feet of ROW unless otherwise directed by the City. The proposed Concept Plan integrates trails throughout the development consistent with the goals and objectives stated within the City's Trail Plan adopted in March 2014. The trails will be developed in ROW where available and applicable, and will be extended into open spaces and conservation areas as necessary. The following table breaks out the approximate site breakdowns as shown in the Concept Plan. Table 1: Use Tabulation (see Figure 5 and 6 for location) Use Ownership Acres % of Site Gross % of Site Net Rural Residential Home Sites Private 75.39 44.2% 62.3% Open Space (Upland Buildable) Private/ Easement 40.7 23.9% 33.6% Open Space - Unbuildable (Wetlands, wetland buffer, steep slopes> 18%) Private Easement 49.33 29.0% --- Subtotal wetlands ---- 38.20 --- --- Subtotal wetland buffer ---- 9.25 --- --- Subtotal steep slopes>I8% ---- 1.88 --- Street Paved Surface (Cul-de-sacs) TBD 1.02 0.6% 0.8% Street Paved Surface (Main Rd.) Public 3.97 2.3% 3.3% Subtotal Developed Area --- 80.38 47.2% --- Subtotal Open Space --- 90.03 52.8% --- Net BUILDABLE TOTAL 121.08 --- 100% Gross TOTAL 170.41 100% --- *Significant wetlands are located within open spaces and acreages denoted on the table above. This is an estimate only and will be further refined through development of the Land Stewardship Plan. **ROW Cul-de-sacs calculated at 1.9 Acres, and Main Road at 8.5 Acres. 8 NV1c1 IscliDNOD ClrUCID The following table represents further break down of the number of units, and average lot sizes as proposed on the Concept Plan. Table 2: Lot Count 8c Size Zoning Number of Units Lot Size Acres CD-PUD (North 80) 15 1.24 - 2.15 Acres CD-PUD (South 90 Ac) 27 1.3 -2 .67 Acres Subtotal Lots 42 --- Total Lot Area 75.39 Acres Average Lot Size 1.8 Acres (g) Phasing PRDC anticipates the project to be completed in a minimum of three Phases, beginning with Phase I in the southwestern corner of the site at the primary entrance. It is anticipated that the main road will be constructed up -front and all in one construction season, and therefore phasing could be fairly fluid to meet the demands of the market. As previously indicated, we intend to conduct a market study to understand absorption rates and buyer preferences of the anticipated product type. Once we have a firmer handle on the market, we will structure our phasing plan to respond to anticipated demands. Within each Phase there will likely be various `Additions" depending on the builders selected. We anticipate that the open space areas, landscaping, etc., will be completed as each Phase and/or Addition is brought on-line. Since each home/lot will be constructed with it's own well and primary septic site, no initial infrastructure will be necessary with the exception of the roadways and soft utilities. As the addition/phase approaches the private cul-de-sac, these roadways will be constructed and installed to ensure adequate supply to the market. There are several factors which could affect the timing of the project, and we would like to work with the City to establish and determine the appropriate timing once the detailed CD-PUD plan is approved and the Development Agreement drafted and executed. (h) Open Space Provisions We understand that the City's ordinance requires a minimum of 30% of the buildable land to be placed within conservation easements to be held by an qualifying party. PRDC is currently working to identify a partner to hold the conservation easements, and will work with that entity to establish a restoration and planting plan that will include an agreement for it's implementation and long term maintenance. The agreement will be memorialized as part of the Land Stewardship Plan which will be finalized as part of each phase and Final Plat. Any and all maintenance and management will likely become the responsibility of the HOA if not performed by the conservation easement holder. However, at this time the specifics of the relationship are not known but will be more fully developed as this process progresses. PRDC is working with a potential conservation easement holder on a partnership agreement, which will hopefully be established by the time this Concept Plan is heard at the Planning Commission. If so, PRDC will provide NV1c1 IscliDNOD ClrUCID 9 a verbal update of the status of that relationship and the process identified for moving forward with that entity and any other information that may be helpful to this review process. (i) Maintenance Plan & Covenants PRDC will establish a Homeowner's Association ("HOA") for the proposed development, which will include responsibility for management of the maintenance plan and covenants associated with the development. The majority of the Open Space will be contained within Conservation Easements that will be held by a third party. At this time, we have not solidified our relationship with an entity to hold the conservation easements and therefore it is unknown what level of responsibility, if any, the HOA will have for maintenance and management of the conservation easement areas. If necessary, the appropriate responsibilities to be assumed by the HOA will be defined during through the development of the Land Stewardship Plan. All other common areas including, but not limited to, the monument sign will be the responsibility of the HOA and will be detailed within the HOA documents. Additionally, as the landscape plan is developed in greater detail the specific roles and responsibilities of the HOA will be programmed and documents drafted. PRDC anticipates that the main road and trails will be located within the publicly dedicated right-of-way and will thus be the responsibility of the City. All private roads will also be the responsibility of the HOA which will be detailed in the Maintenance Plan. PRDC will also develop covenants to address home and landscape architecture, building envelope, and other use standards that will ensure the character of the neighborhood is protected. PRDC understands that these covenants must be as restrictive as the City's ordinances. It is anticipated that the covenants are likely to more restrictive than the City's ordinances and therefore will be subject to the enforcement of the HOA. We also anticipate the development of the HOA document to occur concurrently with the CD-PUD planning and development process to ensure the vision and character of the development in maintained and established from the beginning. (j) Schematic Utility Plans PRDC's goal is to design the project to accommodate individual septic systems and individual wells on each lot. The following summary of the septic design and individual wells is provided for your review and consideration: Individual Alternative Wastewater Treatment Systems Our Team is proposing to utilize alternative wastewater treatment methods to accommodate, at a minimum, a primary septic system on each lot. At this time we believe it will be possible to provide individual wastewater treatment to each lot and avoid the use of community wastewater treatment. The following summary of the initial design is provided: • Each lot/home will be designed to include an area suitable for the purposes of installing an alternative wastewater treatment system and associated primary drainfield/mound. NV1c1 IscliDNOD ClrUCID 10 " T h e c u r r e n t d e s i g n u t i l i z e s a p r o d u c t c a l l e d M u l t i - f l o w h i c h e s s e n t i a l l y o p e r a t e s a s i t ' s o w n m i n i p a c k a g e p l a n t , t h a t w i l l b e i n d i v i d u a l l y m a n a g e d a n d m a i n t a i n e d b y t h e h o m e o w n e r . ( A p a m p h l e t d e s c r i b i n g t h e M u l t i - f l o i s a t t a c h e d f o r y o u r b a c k g r o u n d a n d c o n s i d e r a t i o n ) . " T h e s y s t e m i s d e s i g n e d s o t h a t i t w i l l b e h i g h l y u n l i k e l y t h a t a n y s e c o n d a r y s i t e w i l l e v e r b e n e e d e d , a s t h e e f f l u e n t l e a v i n g t h e M u l t i - f l o i s e x t r e m e l y c l e a n , a n d t h u s m o r e e n v i r o n m e n t a l l y f r i e n d l y t h a n a t r a d i t i o n a l s y s t e m . " I n c o m p l i a n c e w i t h s t a t e r u l e s a n d t h e C i t y ' s C D O r d i n a n c e , a s e c o n d a r y d r a i n f i e l d / m o u n d s i t e w i l l b e l o c a t e d o n e v e r y l o t , w h e r e a v a i l a b l e , o r w i t h i n p r o x i m i t y t o t h e l o t w i t h i n t h e c o n s e r v a t i o n a r e a s . " A l t h o u g h p r e l i m i n a r y s i t e w o r k i n d i c a t e s t h a t i t i s f e a s i b l e t o a c c o m m o d a t e a p r i m a r y s e p t i c s i t e o n e a c h l o t , w e a r e n o t a b l e t o c o n f i r m u n t i l p e r c t e s t s c a n b e p e r f o r m e d i n t h e s p r i n g . I f a n y l o t ( s ) a r e d e t e r m i n e d n o t t o m e e t t h e r e q u i r e m e n t s o f a n o n s i t e i n d i v i d u a l s y s t e m w e i n t e n d t o d e s i g n a s m a l l c o m m u n i t y s y s t e m t o s e r v e t h e l o t ( s ) . W a t e r - I n d i v i d u a l W e l l s P R D C d i s c u s s e d v a r i o u s o p t i o n s w i t h s e v e r a l c o n s u l t a n t s t o d e t e r m i n e t h e b e s t a n d s a f e s t a p p r o a c h t o p r o v i d i n g w a t e r t o t h e i n d i v i d u a l l o t s . A t t h i s t i m e , w e b e l i e v e t h e m o s t e f f i c i e n t , a n d c o s t e f f e c t i v e s o l u t i o n i s t o l o c a t e a n i n d i v i d u a l p r i v a t e w e l l o n e a c h l o t . T h e f o l l o w i n g s u m m a r y o f i n i t i a l d e s i g n a n d r e a s o n i n g i s p r o v i d e d : " O n c e t h e s e p t i c s y s t e m a n d d r a i n f i e l d / m o u n d a r e l o c a t e d f o r e a c h s i t e t h e a v a i l a b l e a r e a f o r a w e l l c a n b e i d e n t i f i e d a n d l o c a t e d o u t s i d e o f a l l n e c e s s a r y s e t b a c k s . " A p r e s s u r i z a t i o n r e v i e w w i l l b e c o n d u c t e d o n e a c h l o t t o e n s u r e c o m p l i a n c e o f a l l n e c e s s a r y s e t b a c k s f o r p r e s s u r i z e d l i n e s . " A l l a p p r o p r i a t e p e r m i t s w i l l b e o b t a i n e d a s p a r t o f t h e l o t d e v e l o p m e n t p r o c e s s . " I n d i v i d u a l w e l l s w i l l h e l p m i n i m i z e r i s k a s s o c i a t e d w i t h c o n t a m i n a t i o n a n d s a f e t y w h i c h m a y b e p r e s e n t w i t h a c o m m u n i t y s y s t e m . " I n d i v i d u a l w e l l s w i l l a l s o r e d u c e t h e s c o p e o f t h e H O A a n d l i m i t i t s m a n a g e m e n t a n d m a i n t e n a n c e r e s p o n s i b i l i t i e s w h i c h w i l l a l r e a d y b e s i g n i f i c a n t d u e t o t h e s c o p e o f t h e c o n s e r v a t i o n d e s i g n . N V 1 c 1 I s c l i D N O D C l r U C I D 1 1 1/13/2015 Metes and Bounds " Hennepin County TSD Metes and Bounds The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording PID : 21-118-23-31-0001 Municipality: MEDINA Addition Name: UNPLATTED 21 118 23 Lot: Block: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 118, RANGE 23. Print this window l Close this window http://www 16.co.hennepi n.m n.us/pi ns/pidresult.jsp?pid=2111823310001 1/1 1/13/2015 Metes and Bounds " Hennepin County TSD Metes and Bounds The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording PID:21-118-23-34-0002 Municipality: MEDINA Addition Name: UNPLATTED 21 118 23 Lot: Block: THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 118, RANGE 23; SUBJECT TO ROAD. Print this window I I Close this window, http://www 16.co.hennepi n.m n.us/pi ns/pidresult.jsp?pid=2111823340002 1/1 1/13/2015 Metes and Bounds " Hennepin County TSD Metes and Bounds The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording PID:21-118-23-34-0003 Municipality: MEDINA Addition Name: UNPLATTED 21 118 23 Lot: Block: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 118, RANGE 23; SUBJECT TO ROAD. Print this window I I Close this window, http://www 16.co.hennepi n.m n.us/pi ns/pidresult.jsp?pid=2111823340003 1/1 1/13/2015 Metes and Bounds " Hennepin County TSD Metes and Bounds The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording PID: 28-118-23-24-0001 Municipality: MEDINA Addition Name: UNPLATTED 21 118 23 Lot: Block: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 118, RANGE 23, SUBJECT TO ROAD; ALSO THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 118, RANGE 23 EXCEPT THAT PART THEREOF WHICH LIES WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 0 DEGREES, 07 MINUTES, 42 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 925.33 FEET TO THE ACTUAL POINT OF BEGINNING OF THE LINE BEING DESCRIBED; THENCE SOUTH 45 DEGREES, 52 MINUTES, 18 SECONDS EAST, A DISTANCE OF 115.25 FEET; THENCE SOUTH 11 DEGREES, 56 MINUTES, 18 SECONDS EAST, A DISTANCE OF 53.92 FEET; THENCE SOUTHWESTERLY TO A POINT IN THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, DISTANT 1140.18 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND SAID LINE THERE ENDING; ALSO THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 118, RANGE 23 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 668.33; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 548.47 FEET TO THE EASTERLY LINE OF DILLMAN ROAD; THENCE NORTHWESTERLY DEFLECTING TO THE RIGHT 41 DEGREES, 13 MINUTES, 16 SECONDS ALONG EASTERLY LINE OF SAID ROAD, A DISTANCE OF 60.15 FEET; THENCE NORTHERLY 239.14 FEET ALONG THE EASTERLY LINE OF SAID ROAD BEING A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 254.35 FEET; THENCE NORTHERLY 249.7 FEET ALONG EASTERLY LINE OF SAID ROAD, BEING TANGENT TO LAST DESCRIBED CURVE; THENCE NORTHERLY 166.62 FEET ALONG THE EASTERLY LINE OF SAID ROAD TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; SAID 166.62 FEET BEING ALONG A TANGENTIAL CURVE TO TH IPrint this window I Close this window I http://www 16.co.hennepi n.m n.us/pi ns/pidresult.jsp?pid=2811823240001 1/1 TREATMENT SYSTEMS Proud Manufacturers Of: el-lAgto • al90` -800-503-0163 • www.consolidatedtreatment.co Environmental Solutions PERFECT FOR THE MOST CHALLENGING ENVIRONMENTALLY SENSITIVE SITES Consolidated Treatment Systems, Inc. is proud to present the Multi -Flo® wastewater treatment system. With over 35 years of proven performance, the Multi -Flo® is the Installer's choice for environmentally sensitive applications, Designed specifically for installers, the Multi -Flo® is lightweight, compact, easy to transport and even easier to install. The system's flat bottom makes it easy to bed and level and its submersible aerator makes electric a breeze. The compact design and performance is perfect for your most challenging environmentally sensitive sites and the fiberglass construction eliminates time on site waiting for expensive cranes or boom trucks to set the unit. The system's design is a blend of mechanical filtration coupled with aerobic digestion which is commonly found in large scale municipal systems. The Multi -Flo® has been certified under ANSI/NSF Standard 40 protocol as a class 1 system and removes more than 95% of wastewater contaminants. Every system comes complete with tank, audible 1 visual alarm, submersible aerator and hardware. Units also include a two year manufacturer's warranty. For more information please visit us on the web at www.consolidatedtreatment.com or call toll free 1-500-503-0163. 111111111-1.F1 fir WASTEWATER TREATMENT SYSTEM PATENT PENDING EASILY ACCEPTS 1 2" FIBERGLASS RISER SECTIONS DURABLE FIBERGLASS CONSTRUCTION (3/16" NOMINAL) HOLDS UP TO THE TOUGHEST SITE CONDITIONS INCLUDES 3 LIFTING EYES WHICH ALSO PROVIDE ANCHOR POINTS FOR UPLIFT RESTRAINTS FLAT BOTTOM MAKES SYSTEM EASY TO BED AND LEVEL NOTE: 3 DISCHARGE OPTIONS SIMPLIFIES DRAIN FIELD CONNECTION ENGINEERED FLANGE SEALS WATERTIGHT TO PREVENT INFILTRATION AND EXFILTRATION NO EXTERNAL COMPRESSOR TO LOCATE OR WIRE * LIGHTWEIGHT, CAN 13E SET WITH MINI EXCAVATOR. 111 4- (S) N H Z f1! 2 Q 111 0 DL Q -1 W 11.. Q I' W -I I- D Q PRESENTED BY: CONSOLIDATED TREATMENT SYSTEMS, INC. TREATMENT SYSTEMS MODEL SPECIFICATIONS 1501 Commerce Center Drive Franklin, Ohio 45005 937-746-2727 Fax: 937-746-1446 www.consotidatedtreatment.com email: info@consolidatedtreatment.com Item FTB 0.5 Treatment (gal/day) 500 FTB 0.6 600 FTB 0.75 750 FTB 1.0 1000 FTB 1.5 1500 Volume (gal) 500 600 750 1000 1500 CBOD (lb/day) 1.5 1.5 1.5 3.0 4.5 Diameter 63" 71" 71" 78" 135"x63" Total Height 86" 86" 90 3/" 93°' 86" Excavation Depth 74'° 74 '/z" 81 " 81 " 76" No. of Aerators 1 1 1 2 3 No. of Filters 30 30 30 30 60 Shipping Weight (lb) 380 420 450 580 920 Inlet Invert 58" 58" 64'/z" 66" 57 1/2" Outlet Invert 54 3/4" 54 1/2" 59" 64 '/a" 54 %" System Components and Materials Wastewater Tank Dome and Cover: • Fiberglass -Reinforced Resin Aerator: • Cast Iron, Stainless Steel, 1/6 HP 1550 RPM Motor With Thermal Overload Protection 120 Volt AC 60 HZ, 1.9 amps Alarm System: • Low voltage (12 volt DC) sensors signal to the control box. The flashing light (audible indicator) alerts the owner to loss of air supply or high water level in the tank. PATENT PENDING Certified to ANSI/NSF Standard 401 Class 1 Environmental Solutions O Consolidated Treatment Systems, Inc. 2010 All Rights Reserved PRDC I Adjacent Zoning Zoning with 1,000 Feet of Project Site RR RR-1 B (Orono 2 Ac.) UR PS 0 287.5 575 1,150 1,725 Feet 2,300 SR m Ott 6 4aa� 0£6 OZ9 01.£ 591. 0 PV 08 1111oN) Tuid kaguItuIPad a2pt21 Pu uz-gZ asrnb2Jag-ar pES 29 SSDH luau panpap X0AJT1S HOS /ampunog purpa/A XananS I T OZ — (Xuadcud Jo ow uNlren) Sealy plrepjA je.z3113D - spuo149M '8 SI1OS I DMIci PRDC Base Density Calculation NV/I r General Wetland Areas (within 300' of property) 2011 Survey Located Wetland Boundary Soil. Survey derived from. HCSS & Sathre-Bergquist Tamarack Ridge Preliminary Plat (North $0 Ac.) Contiguous Suitable Soils per Medina Ordinance Stonegate Gross Acres: 171 (Approx.) Contiguous Suitable Soils: per Sathre- Bergquist and Hennepin County Soil Survey: 112 Ac.* 112 Ac. / 5 Ac. = 22.4 22 Lots Base Density* * Rounded to nearest whole number Fee AI N 0 155 310 620 930 1,240 ObZ` 6 u TOed 0£6 OZ9 06£ 996 0 32Eu uJci 2upsixg unozuoD lood-Z CM N L (o/og T .rano pareurpsg) sadojS dams Xxepunog purpam paleaol XanznS T I OZ a6auiba4 sisAiauy adois'sanowoD Dmici PRDC I Vegetation & Vistas ram 111_,J11,4nreardiElo � ss pMaple -Basswood Forest Tamarack ,[_:, Non-native & Planted Trees 0 Viewsheds & Vistas 0 155 310 620 930 F� 1,24( sir a mitialod speoierlualod airs asnoij alt;urrxoiddy alquppg Xl[Enualod suary uoprAJasuoD (umdpooi3 `%gi< sadojs gajjng purpayA ‘spurpayA) amppngun .e iiiM1111111111111111111iiimmomm••••••••••••••...= ssaDoad u6isa4 axis :EL'LZ8 DCIld PRDC I Concept PInn -- N m p N co z 'off N n 0 m z N D A 2 3 m 0 1 / 1.91 ac ; Lot 28 1.55 ac Lot 1.30 c 'Lot 2� 1.50 a Lot 33 % / -- 1.58 ac / Lot 34 / 1.33 ac Lot 35 1.54 ac PRELIMINARY SITE PLAN STONEGATE FARM MEDINA, MN PROPERTY RESOURCES DEVELOPMENT COMPANY Lot 42 1.74 ac HERS 2 W m N cti FR h �? 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J - - - - - N 0 � 0 9 ' 2 4 ' E " 2 6 3 7 4 / D E S C R I P T I O N C E R T I F I C A T E O F T I T L E N O . 7 3 9 3 9 1 T h a t p a r t o f t h e E a s t H a l f o f t h e S o u t h w e s t Q u a r t e r o f S e c t i o n 2 8 , T o w n s h i p 1 1 8 , R a n g e 2 3 , l y i n g n o r t h o f t h e c e n t e r l i n e o f C o u n t y R o a d N o . 6 a s m o n u m e n t e d a n d p l a t t e d i n t h e p l a t o f H e n n e p i n C o u n t y S t a t e A i d H i g h w a y N u m b e r 6 , P l a t 5 , H e n n e p i n C o u n t y , M i n n e s o t a , a c c o r d i n g t o t h e G o v e r n m e n t S u r v e y t h e r e o f . T h e n o r t h , e a s t a n d w e s t b o u n d a r y l i n e s o f s a i d t r a c t h a v e b e e n m a r k e d b y J u d i c i a l L a n d m a r k s s e t p u r s u a n t t o T o r r e n s C a s e s N o s . 1 7 1 5 8 a n d 1 8 1 3 5 . C E R T I F I C A T E O F T I T L E N O . 7 3 9 3 9 0 T h e E a s t H a l f o f t h e S o u t h w e s t Q u a r t e r o f S e c t i o n 2 1 , T o w n s h i p 1 1 8 , R a n g e 2 3 , a c c o r d i n g t o t h e G o v e r n m e n t S u r v e y t h e r e o f . T h e N o r t h e a s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r o f S e c t i o n 2 8 , T o w n s h i p 1 1 8 , R a n g e 2 3 , a c c o r d i n g t o t h e G o v e r n m e n t S u r v e y t h e r e o f . A l l o f t h e S o u t h e a s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r a n d t h a t p a r t o f t h e S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r o f S e c t i o n 2 8 , T o w n s h i p 1 1 8 , R a n g e 2 3 d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e n o r t h e a s t c o r n e r o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r ; t h e n c e s o u t h a l o n g t h e e a s t l i n e o f s a i d s o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r a d i s t a n c e o f 6 6 8 . 3 3 f e e t ; t h e n c e w e s t p a r a l l e l w i t h t h e n o r t h l i n e o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r a d i s t a n c e o f 5 4 8 . 4 7 f e e t t o t h e e a s t e r l y l i n e o f H i l l m a n R o a d ; t h e n c e n o r t h w e s t e r l y d e f l e c t i n g t o t h e r i g h t 4 1 d e g r e e s 1 3 m i n u t e s 1 6 s e c o n d s a l o n g e a s t e r l y l i n e o f s a i d R o a d a d i s t a n c e o f 6 0 . 1 5 f e e t ; t h e n c e n o r t h e r l y 2 3 9 . 1 4 f e e t a l o n g t h e e a s t e r l y l i n e o f s a i d R o a d b e i n g a t a n g e n t i a l c u r v e t o t h e r i g h t h a v i n g a r a d i u s o f 2 5 4 . 3 5 f e e t ; t h e n c e n o r t h e r l y 2 4 9 . 7 f e e t a l o n g e a s t e r l y l i n e o f s a i d R o a d b e i n g t a n g e n t t o l a s t d e s c r i b e d c u r v e ; t h e n c e n o r t h e r l y 1 6 6 . 6 2 f e e t a l o n g t h e e a s t e r l y l i n e o f s a i d R o a d t o t h e n o r t h l i n e o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r ; s a i d 1 6 6 . 6 2 f e e t b e i n g a l o n g a t a n g e n t i a l c u r v e t o t h e l e f t h a v i n g a r a d i u s o f 6 5 0 . 9 7 f e e t ; t h e n c e e a s t a l o n g n o r t h l i n e o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r 6 5 5 . 4 3 f e e t t o t h e p o i n t o f b e g i n n i n g , a c c o r d i n g t h e G o v e r n m e n t S u r v e y t h e r e o f . T h e b o u n d a r y l i n e s o f t h e l a n d h e r e i n d e s c r i b e d a r e m a r k e d b y J u d i c i a l L a n d m a r k s s e t p u r s u a n t t o T o r r e n s C a s e N o . 1 7 1 5 8 . A L S O I N C L U D I N G : T h a t p a r t o f t h e S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r o f S e c t i o n 2 8 , T o w n s h i p 1 1 8 , R a n g e 2 3 , d e s c r i b e d a s f o l l o w s : C o m m e n c i n g a t t h e n o r t h e a s t c o r n e r o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r ; t h e n c e o n a n a s s u m e d b e a r i n g o f S o u t h 0 d e g r e e s 0 7 m i n u t e s 4 2 s e c o n d s W e s t a l o n g t h e e a s t l i n e o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r , a d i s t a n c e o f 1 1 4 0 . 1 8 f e e t t o t h e a c t u a l p o i n t o f b e g i n n i n g o f t h e t r a c t o f l a n d t o b e d e s c r i b e d ; t h e n c e S o u t h 4 9 d e g r e e s 0 3 m i n u t e s 4 2 s e c o n d s W e s t , a d i s t a n c e o f 5 7 . 1 5 f e e t ; t h e n c e S o u t h 2 9 d e g r e e s 0 3 m i n u t e s 4 2 s e c o n d s W e s t , a d i s t a n c e o f 1 3 . 8 5 f e e t t o t h e n o r t h e a s t e r l y r i g h t o f w a y l i n e o f H e n n e p i n C o u n t y H i g h w a y N o . 2 0 1 , P l a t 5 3 ; t h e n c e s o u t h e a s t e r l y a l o n g s a i d r i g h t o f w a y l i n e t o t h e e a s t l i n e o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r ; t h e n c e N o r t h 0 d e g r e e s 0 7 m i n u t e s 4 2 s e c o n d s E a s t a l o n g s a i d e a s t l i n e t o t h e p o i n t o f b e g i n n i n g . C e n f e p / i n e o f F i e / d , p c o d ��A s r . ' 1 V V 1 / E X C E P T I O N : 0 I r D : w o S ! �� C o , e . S E C . 2 / / T w P . / / 8 , R a g % 2 3 ( C o 3 f I r a n A d o e - R P R / K 6 . 5 - - 1 1 e t , I c t . W ��k 0 i q �� W p a I t 4 ��c 0 , �� o I I I I k i �� I N O ��' 0 1 v �� O N l k ) ' 4 v ��t i � \ o 0 Z O 0 �� �� ��o W 4 k l y �%. I - - - - S Q � 3 0 1 0 4 " w 6 6 6 6 ��J 1 / 3 3 8 . 0 7 - - - - c �� L 7 2 ' J ( ` L I J L �� L J C . 3 - - - S 0 � 2 8 ' 2 2 " I A / ��i L n " / 3 3 9 . 8 4 - - - - - - - n 9 0 4 6 5 I I - - - - N 0 � 0 7 ' 2 4 " E T h a t p a r t o f t h e S o u t h e a s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r o f S e c t i o n 2 8 , T o w n s h i p 1 1 8 , R a n g e 2 3 , d e s c r i b e d a s f o l l o w s : C o m m e n c i n g a t t h e n o r t h w e s t c o m e r o f s a i d S o u t h e a s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r ; t h e n c e o n a n a s s u m e d b e a r i n g o f S o u t h 0 d e g r e e s 0 7 m i n u t e s 4 2 s e c o n d s W e s t a l o n g t h e w e s t l i n e o f s a i d S o u t h e a s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r , a d i s t a n c e o f 9 2 5 . 3 3 f e e t t o t h e a c t u a l p o i n t o f b e g i n n i n g o f t h e t r a c t o f l a n d t o b e d e s c r i b e d ; t h e n c e S o u t h 4 5 d e g r e e s 5 2 m i n u t e s 1 8 s e c o n d s E a s t , a d i s t a n c e o f 1 1 5 . 2 5 f e e t ; t h e n c e S o u t h 1 1 d e g r e e s 5 6 m i n u t e s 1 8 s e c o n d s E a s t , a d i s t a n c e o f 5 3 . 9 2 f e e t ; t h e n c e S o u t h 4 9 d e g r e e s 0 3 m i n u t e s 4 2 s e c o n d s W e s t , a d i s t a n c e o f 1 2 4 . 9 1 f e e t t o a p o i n t i n t h e w e s t l i n e o f s a i d S o u t h e a s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r , d i s t a n t 1 1 4 0 . 1 8 f e e t s o u t h e r l y o f t h e n o r t h w e s t c o m e r o f s a i d S o u t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r ; t h e n c e N o r t h 0 d e g r e e s 0 7 m i n u t e s 4 2 s e c o n d s E a s t a l o n g s a i d w e s t l i n e o f s a i d S o u t h e a s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r , a d i s t a n c e o f 2 1 4 . 8 5 f e e t t o t h e p o i n t o f b e g i n n i n g . T o M i c h a e l S e e l a n d a n d S u s a n S e e l a n d a n d C h i c a g o T i t l e I n s u r a n c e C o m p a n y : T h i s i s t o c e r t i f y t h a t t h i s m a p o r p l a t a n d t h e s u r v e y o n w h i c h i t i s b a s e d w e r e m a d e ( i ) i n a c c o r d a n c e w i t h " M i n i m u m S t a n d a r d D e t a i l R e q u i r e m e n t s f o r A L T A / A C S M L a n d T i t l e S u r v e y o r s , " j o i n t l y e s t a b l i s h e d a n d a d o p t e d b y A L T A a n d A C S M i n 1 9 9 2 , a n d i n c l u d e s I t e m s 1 , 2 , 4 , 7 , 8 , 9 , 1 0 , a n d 1 2 o f T a b l e A t h e r e o f , a n d ( i i ) p u r s u a n t t o t h e A c c u r a c y S t a n d a r d s ( a s a d o p t e d b y A L T A a n d A C S M a n d i n e f f e c t o n t h e d a t e o f t h i s c e r t i f i c a t i o n ) o f a S u r b u r b a n S u r v e y . D a t e : N o v e m b e r 2 6 , 1 9 9 3 T h o m a s S . : e r g q u i s t R e g i s t e r e d L a n d S u r v e o M i n n e s o t a L i c . N o . 7 7 2 5 A R E A * 1 9 4 . 2 8 A c r e s R e c e r t i f i e d d a t e : D e c e m b e r 8 , 1 9 9 4 : a / 3 3 6 . 4 2 - - - - N h ` 0 C ) { L , ��. - - y ' 0 � 0 7 1 4 2 " W 6 6 8 . 3 3 I ' 5 0 0 0 7 ' 4 2 - �%v - r ` ) r " A I �� , , ( �� v 1 / / 4 0 i / 8 �� ��- ! ` 1 4 \ , . I 3 T o h d " z h < �� I N O N R / s a r - o r - w a y ��s " i r ) ��j M O A A . 4 E N T E D ��_ ��% 0 W o - z \ �� , t ` �� 3 8 t i k ��1 G I ��% . E n r T E D " o ��; \ B A R N O o t - - 1 ��. a 0 �� ��h . �� y , , . �� 6 t k h a 9 , o \ , a 1 - 2 5 6 . 9 9 - " I N / � 4 7 5 6 " E N o � 3 9 ' 0 / " 1 E 4 1 2 9 7 . 3 4 - k i ; h 0 4 ; 7 6 7 t % t i - . . \ N / � / 4 4 / 1 A " , - / 7 3 . 6 2 - 7 F - - - 1 h n h 1 o - , k 1 . ' J 9 ? o 5 $ ' H ��s 4 _ 0 0 3 ��* ) 0 _ n 0 3 . 4 9 . 4 N O o " , I �� i 5 1 / 6 6 4 2 I - - - 7 - - V �� f i t - Z g c = a 5 A v 4 . - 4 / � 2 5 ' 0 6 " w C - B . - N ' e = 1 6 6 . / 7 R = 6 0 . 5 1 N 5 D 5 4 ' . ? / " E i , \ - - 2 4 9 . 6 3 I 4 o 3 4 W 1 - A r j J - 4 - o a , a % 4 , ����C . ��: , ���� O �� 1 / . , \ 4 W h w 1 / d 3 c 0 0 2 R e �� v 4 h W 2 0 W �� W t o , �� 0 X v i a . h h ` R ��o I 2 L k 0 I . 2 c i ��o o t s �� Q 4 1 0 4 O B I 1 4 / h N ��2 ��W K N I n ��2 h - 0 � 2 8 ' 2 2 " W 7 8 4 . 6 5 z i i t Q X _ N t o O Z \ ; \ �� _ o : ' L i I r N i . �� i t " r ���� " 0 0 t O H 4 N w . 4 3 N a ��' m ; I n I A I ' / I i 7 4 _ 5 . / 6 o z i I A , o b , 3 k " k ' 0 3 1 I T o m , + p 3 k 3 t i 1 �� a / s . + r - o f - w a y s - ���� 0 . � M O n / u M - 0 7 4 ? E C : 1 r - ��- 1 ��- L - 8 3 5 - 4 8 - - - N O � 4 , 9 ' 3 4 " E J n r ��v ��T i l J ��v h � w I � v - o N ^ �� v q " g y p k v o - J 1 1 V R E V I S I O N S B Y E s M r v � , A D J . P A � r . , 5 , 2 s " + D i l r . 4 " . / c E . . s a o a / / - 3 0 - 9 , A , a y , . s / / 4 . L M A N 6 ) 2 6 / : 4 - l t d . J I M t o N w e o r . c ' h a n 9 e d S A O ? P . M . S R O 2 - 4 4 A D D E D E l m n ` f . o o c . w o . / 9 s 6 o 9 4 6 2 6 3 z s - A , - - T e 9 L , + r e u s a 4 / / ! �� M A D E C o O g G t T / u r s T o 8 R 6 s a R a 9 - 2 / - 9 A L T A S U R V E Y M I C H A E L & S U S A N S E E L A N D Agenda Item # 8B NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 0ison Memorial H ighway, Suite 202, Golden Valley, M N 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plannersganacplanning.corn PLANNING REPORT TO: Medina City Council FROM: Nate Sparks DATE: February 26, 2015 MEETING DATE: March 3, 2013 RE: Medina — Wakefield Valley Farm Final Plat CITY FILE: LR-14-146 Application Date: Review Deadline: February 4, 2015 April 5, 2015 BACKGROUND The Wakefield Limited Partnership, LLLP has made an application for a final plat at 3385 County Road 24. The site is located on the south side of County Road 24 east of Homestead Trail. The property is approximately 74 acres in size and currently is occupied by one single family house. The property is zoned and guided as Rural Residential. The plat proposes to divide the property into three lots. The preliminary plat was approved on September 16, 2014. PROPOSED FINAL PLAT The applicant received preliminary plat approval to divide the 74 acre subject site into three parcels. The property is zoned Rural Residential which allows for parcels 300 feet wide and 200 feet deep with a minimum of 5 acres of contiguous suitable soils. Parcel Width (feet) Depth (feet) Gross Area Suitable Soils Lot 1 1328 1185 43 acres 5.1 acres Lot 2 750 1360 19 acres 5.1 acres Lot 3 535 1325 12 acres 6.6 acres RR District 300 200 - 5 acres As shown in the table above, the parcels generally conform to Rural Residential District Standards. The RR District also has setback requirements of 50 feet for front, side, and rear yards. All parcels have adequate space to accommodate conforming structures. FINAL PLAT REVIEW The purpose of a final plat review is to ensure that the final plat is consistent with the approved preliminary plat and to ensure that all the conditions of approval are met. Generally, the parcels and easements are consistent with the preliminary plat and preliminary plat approval. Following is a summary of the conditions of preliminary plat approval and how they will be addressed: 1. An Upland Buffer conservation easement and planting plans shall be provided around the wetlands consistent with City regulations The applicant has provided legal descriptions for the easement. Staff recommends a condition on final plat to ensure signage and vegetation is provided. 2. The Owner shall meet the requirements of the City Attorney with regards to title issues and recording procedures. Staff recommends a condition on final plat related to this requirement. 3. Any comments from the City Engineer shall be addressed. Comments of the City Engineer have been addressed with the final plat submission. 4. Lots 1 and 2 shall maintain a shared driveway access and meet all requirements and standards of the City Code and Hennepin County. The private easements and agreements related to the shared driveway shall be provided to the City for review and approval at the time of final plat application Staff recommends a condition on final plat related to this requirement. 5. The Owner shall pay a park dedication cash -in -lieu fee of $16,000 if no land dedication is required by the City Council at the time of final plat review. At the time of final plat review, the City Council may discuss and determine that a trail easement should be required along Homestead Trail. If such easement is required, the cash -in -lieu fee shall be reduced by a percentage equal to the percentage of the area of such easement to the buildable land of the Property. The Park Commission reviewed and recommended against requiring a trail easement along Homestead Trail. Staff recommends a condition on final plat related to the $16, 000 fee. 6. The Owner shall dedicate an additional 10 feet of right-of-way along County Road 24. Hennepin County has updated its request, and determined that, based upon the circumstances of the subdivision, 40 feet of right-of-way is sufficient. The plat dedicates 40 feet. 7. The driveway for Lot 3 shall be placed on the westerly portion of the lot, as recommended by Hennepin County. Staff recommends a condition on final plat related to this requirement. 8. If deemed necessary by the City during final plat review, the Owner shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. Staff does not believe a development agreement is necessary. 9. The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat and other relevant documents. Staff recommends a condition on final plat related to this requirement. 10. The application for final plat shall be submitted to the City within 180 days of preliminary approval or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the Owner and approved by the City Council. Final plat was requested within 180 days. RECOMMENDED ACTION Staff recommends approval of the Final Plat with the conditions noted on the attached resolution. POTENTIAL MOTION Move to adopt the resolution approving the final plat of Wakefield Valley Farm. Attached: Resolution Final Plat Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2015- RESOLUTION APPROVING THE FINAL PLAT OF WAKEFIELD VALLEY FARM WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the Wakefield Limited Partnership, LLLP (the "Owner") is the fee owner of property located at 3385 County Road 24 (the "Property"), which is legally described in Exhibit A; and WHEREAS, on September 16, 2014, the City granted approval for a preliminary plat to allow for the future platting of the Property into three parcels consistent with the standards of the Rural Residential (RR) zoning district; and WHEREAS, the City Council reviewed the proposed final plat at the March 3, 2015 meeting; and WHEREAS, the City Council has found that, subject to the terms and conditions contained herein, the plat is substantially consistent with the approved preliminary plat and the requirements of the City's subdivision regulations. NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota that final approval is hereby granted for the plat of Wakefield Valley Farm, subject to the following terms and conditions: 1. An Upland Buffer conservation easement and planting plans shall be provided around the wetlands consistent with City regulations. The Owner shall enter into an agreement with the City related to signage and vegetation if the Owner desires to record the plat prior to the signage being installed and vegetation being established. 2. Lots 1 and 2 shall maintain a shared driveway access and meet all requirements and standards of the City Code and Hennepin County. The private easements and agreements related to the shared driveway shall be provided to the City for review and approval. 3. The Owner shall pay a park dedication cash -in -lieu fee of $16,000. 4. The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the final plat and other relevant documents. 5. The Owner acknowledges that the subdivision has triggered the requirement to install stormwater improvements on the Property and that these requirements are required to be met upon future construction on the Property. The Owner agrees to disclose this requirement to perspective buyers. Resolution No. 2015- March 3, 2015 6. The Owner shall meet the requirements of the City Attorney with regards to title issues and recording procedures. 7. The driveway for Lot 3 shall be placed on the westerly portion of the lot, as recommended by Hennepin County. 8. The Mayor and City Administrator -Clerk are authorized to execute the plat only upon the Applicant fulfilling conditions 1-4 above. 9. This final plat shall be recorded within 120 days of the date of this resolution or this approval shall be considered void, unless a written request for a time extension is submitted by the Owner within said 120 days and approved by the City Council for good cause. Dated: March 3, 2015. Attest: By: Scott T. Johnson, City Administrator -Clerk By: Bob Mitchell, Mayor 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. 2015- March 3, 2015 Agenda Item 8C MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: February 26, 2015 MEETING: March 3, 2015 City Council SUBJ: Subsurface Sewage Treatment Systems (SSTS) Regulations - Discussion Background The Minnesota Pollution Control Agency (MPCA) worked over a series of years to update regulations and standards related to subsurface sewage treatment systems (SSTS), commonly called septic systems. These regulations are contained within Minnesota Rules 7080, 7081, and 7082. These rules are available on the state Revisor's website: https://www.revisor.mn.gov/ Counties were required to update their regulations to be consistent with the new rules of February 2014, and cities within each county within a year following adoption by the county. Hennepin County adopted their standards at the end of February 2014. Local government regulations were required to be submitted to the MPCA for 30 days prior to adoption. The City, therefore, cannot adopt the regulations until the March 17 meeting. However, staff wanted to present the ordinance to the Council for discussion and comment, so it may be possible to adopt on March 17. The regulations are highly technical, so staff solicited feedback from two septic professionals. Generally speaking, the City can be more restrictive than the state and county, but cannot be less restrictive without receiving a variance. The septic professionals that staff spoke with suggested the additional standards in Section 720.09 (pages 6-7). These additional requirements were almost all already included in the City's "old" regulations. The exception is the additional requirements related to holding tanks, which are new standards. The MPCA recommends such regulations for holding tanks. Minnesota Rules require a number of provisions to be included in the ordinance, so much of the language is copied right out of state Rules. Discussion Items Replacement of Systems which do not conform Minnesota Rules require a local government to establish a timeframe to replace a system which "fails to protect groundwater." This term is different from an "imminent health threat" such as a system which is surfacing. An imminent health threat is required to be updated within 10 months. On the other hand, a system which fails to protect groundwater may be a system which does not meet current standards (for example, the system may have less than three feet of separation to the SSTS Regulations Page 1 of 3 DATE Discussion City Council Meeting seasonal groundwater level). State Rules require local governments to establish timeframes to upgrade these systems. Current City regulations require such systems to be upgraded within 3 years, but the Rules would permit a longer timeframe. Another option may be to allow systems which are closer to compliance (perhaps a system with more than 2 feet of separation by less than 3 feet) a longer timeframe to upgrade. Such a distinction is arguably consistent with Minnesota Rules, which state that a system installed prior to 1996 which has two feet of separation is technically protective of groundwater. Point of sale Inspections Some local governments require a compliance inspection prior to a property transfer. Local governments may also require that a SSTS which is not protecting groundwater to be brought into compliance prior to transfer (rather than within a certain timeframe). This policy is an option if a local government wants to aggressively encourage old systems to be replaced. The City currently does not have such a requirement. More Restrictive Standards As noted above, much of the ordinance is essentially proscribed by Minnesota Rules. The exception is subsection 720.09, which are additional requirements that the City would impose above and beyond the minimum state rules. Staff recommends that the City Council concentrate its review on this section, since it is where the City has the most discretion. The additional standards are: Subd. 1. Increases the required capacity of septic tanks (minimum of two 1,000 gallon tanks). The Building Official recommends this in order to provide more capacity if there is a problem. Subd. 2. Requires a pump tank with 1,000 gallon capacity. The Building Official recommends this provision to allow more capacity in case of problems. Subd. 3. Requires protection of soil treatment areas (fencing) to prevent heavy equipment from compacting the soils and ruining the site. Subd. 4. Prevents permits from being issued which may impact one of the soil treatment areas, unless a new area can be identified. Subd. 5. Requires 75 foot setback for tanks and treatment areas from wetlands. Subd. 6. Requires an alarm inside of the structure for pump tanks. Subd. 7. Establishes standards for holding tanks. Subd. 8. Allowed reduction to account for settling. This clause is not a more restrictive standard, but rather provides some leeway. This clause allows some flexibility for systems which was constructed to meet code, but the soils in the mound have settled over SSTS Regulations Page 2 of 3 DATE Discussion City Council Meeting time. The clause considers these systems compliant if within 85% of the three-foot separation standard. Staff Recommendation Staff recommends that the City Council review the ordinance and provide any comments or requests for information. As noted above, the City cannot adopt the ordinance until the March 17 meeting. Potential Motion Motion to direct staff to update ordinance consistent with City Council discussion and present at the March 17 meeting. Attachment DRAFT ordinance SSTS Regulations Page 3 of 3 DATE Discussion City Council Meeting CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING SUBSURFACE SEWAGE TREATMENT SYSTEMS AMENDING CHAPTER 7 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 720 of the code of ordinances of the city of Medina is hereby deleted in its entirety and replaced with new language as follows: Section 720.01. Purpose and Intent. The purpose of this ordinance is to provide minimum standards for and regulation of sewage disposal by means of an individual sewage treatment systems (ISTS), including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety; and to eliminate or prevent the development of public nuisances, all pursuant to the authority granted amended. Seetien-7-20.03, r,,,,,, aii n,., ViSiallS7 Subd. 1. Standards Adoptcd by Reference. The city hereby adopts Minnesota Rules Parts 7080.0010 through 7080.0950 by reference, including Minnesota Rules part 7080.0179, excluding Minnesota Rules part 7080.0450 warranticd individual sewage treatment system, and except for as modified in section 720.07 of this ordinance. Subd. 2. Permits. No person shall install, alter, repair or extend any ISTS in the city without first applying for and obtaining a permit from the building official and paying the required fee, except as allowed in Subd. 3 below. Such permit shall be valid for a period Subd. 3. Permits Not Required. Permits shall not be required for the following activities: (a) Repair or replacement of pumps, floats or other electrical devices of the pump. (b) Repair or replacement of baffles in the septic tank. (c) Installation or repair of inspection pipes and manhole covers. (d) Repair or replacement of the line from the building to the septic tank. 1 Ordinance No. ### DATE Subd. 4. License Requirements. No person shall engage in the, inspection, design, installation, construction, alteration, extension, repair, assessment, maintenance or pumping of any ISTS without first obtaining a license to perform such tasks from the Minnesota Pollution Control Agency, except as provided under Minnesota Rules Part 7080.0700, subpart 1 and as allowed in Subd. 3 above. aeetien-72tk0-5,-4clditional Seel Treat-meat-Area-Renu remeMs existing on the date of this ordinance, and all undeveloped lots, shall include at least one additional designated soil treatment area which can support a standard ISTS. All soil treatment areas shall be protected before, during and after construction on the lot. The method of protection of the additional soil treatment area shall be approved by the building official and may include, but is not limited to, snow fencing, permanent fencing and silt fencing. No building permit shall be issued for construction on any property within the City until at least two soil treatment areas that can accommodate a standard ISTS have been identified and protected on all parcels for which a building permit is applied for. Subd. 2. The following minimum setback requirements from the ISTS shall apply on all lots: {a) Any water well supply 50 feet (b) Water under pressure 10 feet {c) Wetlands 75 feet rai�Fefty-L. o i n eet Subd. 1. A notice of noncompliance regarding an ISTS shall be issued and copies provided to the property owner and to the city within 30 days under the following conditions: Subd. 2. A failing ISTS shall be upgraded, replaced, repaired or its use discontinued within three (3) years; and Subd. 3. An ISTS posing an imminent threat to public health or safety shall be upgraded, repaired, or its use discontinued, within an appropriate time no greater than 10 months. aeetie-n-72(4117, zor-e-Restrieti� k Subd. 1. Minnesota Rules Part 7080.0130, subpart 3(A) is modified by requiring at least two septic tanks with a minimum capacity of 1,000 gallons each. Subd. 2. Minnesota Rules Part 7080.0160, subpart 1(C) is modified to require a dosing tank with a minimum capacity of 1,000 gallons. Subd. 3. Minnesota Rules Part 7080.0178, specifying other systems; Section 7080.0400, subpart 2 specifying alternative new technology; shall be utilized only on developed lots 2 Ordinance No. ### DATE existing on the effective date of this ordinance with existing ISTS which have failed. Systems designed or installed on a slope greater than twelve (12) percent and trench systems constructed on eighteen (18) percent slopes shall be treated as other systems on any lot. c„ d- 4 n 14 . ste . , to dis ha g c iiit the ISTS shall be metered on all uses except detached single family dwellings. Subd. 5. Compliance with Subdivision 6.4 of Hennepin County Ordinance Number 19. Seetio-n-72n.04. Enf reement Subd. 1. Criminal Penalty. Any person who violates any provision of this ordinance or misdemeanor. Subd. 2. Civil Remedy. In the event of a violation of this ordinance, in addition to other remedies, the city may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations. Subd. 3. Permits. No building permit, certificate of occupancy, license, or other permit shall be issued for the construction upon, use or occupation of any parcel of property within the city unless the requirements of this ordinance are met with respect to said parcel of property. ceette �� n 19 -V aarees Subd. 1. Crant of Variance. Upon request of a property owner, the city council may grant a variance from the requirements of this ordinance or the technical standards and criteria as defined in Minnesota Rules Chapter 7080 if the property owner demonstrates by evidence that all of the following criteria are met: (a) Because of the particular physical characteristics, shape, topographical conditions, hydrological conditions, or soil conditions of the specific property, a particular hardship to the property owner would result, as distinguished from an inconvenience, if the strict letter of the ordinance or Minnesota Rules Chapter 7080 were to be carried out. "Hardship" as used in connection with the granting of a variance under this section means the property in question cannot be put to a Te-asenahle—use=ifRsed—under—the cenditi ns--a'��ed—by—thi ee—or Minnesota Rules Chapter 7080. Economic considerations alone shall not constitute a hardship; (b) The conditions upon which the variance is based are unique to the property for which the variance is sought and are not generally common to other similar properties in the city; (c) The alleged hardship is caused by the requirements of the ordinance or Minnesota 3 Ordinance No. ### DATE Rules Chapter 7080 and has not been created or contributed to by the persons presently or formerly having an interest in the property; (d) The granting of a variance will not be detrimental to the public health, safety or or the use and enjoyment of other properties in the area; {e) (0 The granting of the variance will not confer on the property owner any special privilege that is denied by this ordinance or Minnesota Rules Chapter 7080 to other property owners with similar circumstances in the city; The literal interpretation of the provisions of this ordinance or Minnesota Rules Chapter 7080 would deprive the property owner of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance or Minnesota Rules Chapter 7080; and (g) The variance requested is the minimum variance which would alleviate the hardship. Subd. 2. Conditions and Restrictions. The city council may impose conditions and Minnes t n „i os r liapte - 7n 4 n ank the fit ank i tors f this dinar o Section 720.01. Purpose, Authority, and Intent. This section establishes minimum requirements for Individual Sewage Treatment Systems (ISTS) and Mid -sized Subsurface Sewage Treatment Systems (MSTS) (collectively Subsurface Sewage Treatment Systems, or "SSTS") pursuant to Minnesota Statues, Sections 115.55, 145A.01 through 145A.08, and 375.51 and Minnesota Rules, Chapters 7081, 7081, and 7082 and successor statutes and rules. The section is intended to protect the lakes, rivers, streams, wetlands and groundwater of the City of Medina in order to promote the public health, safety and welfare. Section 720.03. Standards Adopted by Reference. The City hereby adopts by reference Minnesota Rules, Chapters 7080, 7081, and 7082 in their entirety as now constituted and as they may be amended from time to time. Adoption of such Rules shall not supersede the City's right or ability to adopt local standards as permitted by Minnesota Statutes or Rules. Section 720.05. Determination of Hydraulic Loading Rate and SSTS Sizing. Table IX entitled "Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Detail Soil Descriptions" and Table IXa entitled "Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Percolation Tests" from Minnesota Rules 7080.2150, Subp. 3(E) and herein adopted by reference shall both be used to size SSTS infiltration areas using the larger sizing factor of the two for SSTS design. 4 Ordinance No. ### DATE Section 720.07. General Provisions Required by State Rules. Subd. 1. Technical Standards. Except as explicitly modified in this section, the technical standards and criteria in Minnesota Rules 7080.1017 to 7080.2400 and Minnesota Rules 7081.0110 to 7081.0290 are hereby specifically adopted. Subd. 2. Surface discharge prohibited. Surface discharge of sewage from SSTS is prohibited unless a national pollution discharge elimination system permit is issued by the Minnesota Pollution Control Agency (MPCA). Subd. 3. Proper sewage treatment required. All sewage generated in areas of the City not served by municipal sanitary sewer shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance with the provisions of this Section or by a system that has been permitted by the MPCA. Subd. 4. Licensing. No person shall engage in site evaluation, inspection, design, installation, construction, alternation, extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter 7083 except as exempted in 7083.0700. Subd. 5. Two sites required for all new lots. All lots created after January 23, 1996 shall include a minimum of two soil treatment and dispersal areas that support systems as described in Minnesota Rules, Chapter 7080.2200 to 7080.2230 or site conditions described in Minnesota Rules, Chapter 7081.0270, subp. 3 to subp. 7. Subd. 6. SSTS Abandonment. Any SSTS, or part thereof, which will no longer be used shall be abandoned consistent with the requirements of Minnesota Rules, Chapter 7080.2500. Subd. 7. Management Plans Required. All new or replacement SSTS shall require a Management Plan consistent with the requirements of Minnesota Rules, Chapter 7080.0600, Subp. 1. Subd. 8. Removal of Solids Every Three Years. All systems which are not operated under an Operating Permit or a Management Plan as described herein shall be assessed at least one time every three years to determine the need to remove solids from septic tanks. Solids shall be removed if necessary based on Minnesota Rules, Chapter 7080.2450. Subd. 9. Class V Injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations, title 40, part 144, are required by the federal government to submit SSTS inventory information to the United States Environmental Protection Agency as described in CFR40 part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures. 5 Ordinance No. ### DATE Subd. 10. Bedroom Additions. The City shall not issue a building permit or variance for a bedroom addition on property served by a system unless the SSTS is in compliance with applicable requirements, as evidenced by a certificate of compliance. A local unit of government is authorized to temporarily waive the certificate of compliance requirement in this item for a bedroom addition permit for which application is made during the period from November 1 to April 30, provided a compliance inspection of the system is performed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. Subd. 11. SSTS in Floodplains. SSTS shall not be located in a floodway and wherever possible, location within any part of a floodplain should be avoided. If no option exists to locate a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in Minnesota Rules, Chapter 7080.2270 and all relevant local requirements are met. Section 720.09. Deviations from Adopted Standards and More Restrictive Standards. Subd. 1. Minnesota Rules, Chapter 7080.1930 is modified by requiring at least two septic tanks with a minimum capacity of 1,000 gallons each. Subd. 2. Minnesota Rules, Chapter 7080.2100, subp. 2(C) is modified to require a pump tank with a minimum capacity of 1,000 gallons. Subd. 3. All soil treatment areas shall be protected before, during and after construction on the lot. The method of protection of the additional soil treatment area shall be approved by the City of Medina Building Official and may include, but is not limited to, snow fencing, permanent fencing and silt fencing. Subd. 4. No building permit shall be issued for construction on any property if such construction negatively impacts one of the two required soil treatment areas that can accommodate a standard ISTS, unless it can be shown that such treatment area can be replaced upon the property. Subd. 5. Tanks and soil treatment and dispersal areas shall be setback a minimum of 75 feet from wetlands. Subd. 6. All SSTS with a pump shall include an alarm within the structure served to warn of failure. Subd. 7. Holding Tanks. (a) Holding tanks in compliance with Minnesota Rules 7080.2290 may only be allowed in the following circumstances: (1) As replacement for existing failing SSTS or for SSTS that pose an imminent threat to public health or safety. (2) For construction on lots existing as of March 26, 2015 where it can be shown conclusively that a SSTS cannot feasibly be installed. 6 Ordinance No. ### DATE (3) For buildings with limited water use, with the exception that dwellings shall not be connected to holding tanks unless meeting (1) or (2) above. (4) For floor drains within a structure. (b) In addition to conditions of an Operating Permit as described in this Section, use of holding tanks shall be subject to the following conditions: (1) An alarm shall be installed on the holding tank(s) which indicates when one day's use remains in the tank(s). (2) The owner shall maintain a valid contract with a licensed liquid waste hauler to pump and haul the holding tank to a licensed treatment facility. (3) The pumper shall certify each date the tank is pumped, the volume of the waste removed, the treatment facility to which the waste was discharged, and the water meter reading at the time of pumping. These records shall be maintained by the owner, and shall be provided upon request to the City. (4) Any dwelling served by holding tanks shall require a minimum of two tanks. (5) The owner shall install a remote reading water meter to record indoor water use. (6) The holding tank shall be regularly pumped, no less frequently than bi-weekly or other regular schedule agreed upon with the City. (7) A holding tank that is solely used for floor drains shall not be subject to the requirements of Subd. 7(b) (3)-(6), above. Subd. 8. Allowed Reduction in the Vertical Separation for Existing System Compliance. As permitted by Minnesota Rules 7080.1500 Subp. 4, an existing ISTS which was designed and constructed with a three-foot separation distance shall be allowed a maximum of a 15 percent reduction in vertical separation distance to account for settling of sand or soil, normal variations of measurements, and interpretations of the limited layer conditions. Section 720.11. Imminent Threats to Public Health or Safety. Within ten months after an owner receives a notice of noncompliance that states that an SSTS represents an imminent threat to public health or safety as described in Minnesota Rules 7080.1500, subp. 4(A), the property owner shall upgrade, replace, repair, or discontinued use of the SSTS. Section 720.13. Systems Failing to Protect Groundwater. Within # years after an owner receives a notice of noncompliance that states that an SSTS is failing to protect groundwater as described in Minnesota Rules 7080.1500, subp. 4(B), the property owner shall upgrade, replace, repair, or discontinued use of the SSTS. Section 720.15. Construction Permit. It shall be unlawful for any person to construct, install, modify or replace a SSTS without obtaining a permit from the City. Subd. 1. Activities requiring a permit. A construction permit is required for installation of a new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system's design, layout, or function. 7 Ordinance No. ### DATE Subd. 2. Activities not requiring a permit. A construction permit is not required for the following minor repairs or replacements of system components that do not alter the original function of the system: (a) Repair or replacement of pumps, floats or other electrical devices of the pump; (b) Repair or replacement of baffles in the septic tank; (c) Installation or repair of inspection pipes and manhole covers; or (d) Repair or replacement of the line from the building to the septic tank. Subd. 3. Permit Application Requirements. Applications shall be made on forms provided by the City and shall involve the following: (a) Site Evaluation Report; (b) Detailed soil descriptions within soil treatment areas; (c) Two sets of percolation tests for the primary and secondary site; (d) Design Report; (e) Management Plan; and (f) Any other information requested by the City to confirm compliance with relevant regulations and to ensure protection of the public health, safety, and welfare. Subd. 4. Installation and Inspection Requirements. (a) No changes may be made to the approved design without approval of the amended design. (b) All tests and data required by the City inspector shall be provided. (c) The installer shall provide an accurate as -built at the time of final inspection. (d) The installer shall test any pumps and alarms at the time of final inspection. Subd. 5. Permit Expiration. A Construction Permit shall be valid for a period of no more than one year from the date of issuance. Subd. 6. Permit Suspension or Revocation. The City may suspend or revoke a Construction Permit issued under this section for any false statements, misrepresentations of facts on which the Construction Permit was issued, or unauthorized changes to the system design that alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system's design, layout, or function. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid Construction Permit is obtained. Section 720.17. Operating Permit. Subd. 1. Operating Permit Required. An Operating Permit in compliance with Minnesota Rules 7082.0600 subp. 2 shall be required for: (a) Type III Systems, as described in Minnesota Rules 7080.2350; 8 Ordinance No. ### DATE (b) Type IV Systems, as described in Minnesota Rules 7080.2400; (c) MSTS, as described in Minnesota Rules 7081; and (d) Holding Tanks. Subd. 2. Operating Permit Requirements. An Operating Permit shall specify the following, which shall be reviewed by the City and approved only if compliant with relevant regulations: (a) Maintenance requirements, including frequency; (b) System operational and performance requirements; (c) Monitoring requirements; (d) Compliance limits and compliance boundaries; (e) Reporting frequency; (f) Disclosure of the location and condition of the soil treatment and dispersal system, if applicable; (g) Stipulation of acceptable and prohibited discharges; (h) Executed contract between the owner and a licensed maintenance contractor; and (i) A requirement that the permittee notify the City when permit requirements are not met. Subd. 3. Transfer of Operating Permit. (a) The Operating Permit shall be recorded against the title of the subject property and shall bind successors in title for the term of the permit. (b) With the exception of a sale as described above, the Operating Permit may not be transferred without prior approval by the City. Subd. 4. Suspension or Revocation. (a) The City may suspend or revoke any Operating Permit issued under this section for any false statements or misrepresentations of facts on which the Operating Permit was issued or for failure to comply with the terms and conditions of the Operating Permit. (b) Notice of suspension revocation and the reasons for revocation shall be conveyed in writing to the owner. (c) If suspended or revoked, the City may require that the treatment system be removed from service, operated as a holding tank, or abandoned. (d) At the City's discretion, the Operating Permit may be reinstated or renewed upon the owner taking appropriate corrective actions. Section 720.19. Resolving Conflicting Inspections and Other Technical Disputes. Subd. 1. If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses for SSTS design or compliance purposes, all disputing parties must follow the procedure outlined below: (a) The disputing parties shall meet at the disputed site in an attempt to resolve differences. (b) If this meeting does not resolve the differences, then the parties shall obtain an opinion from a Minnesota licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties. (c) If opinions rendered in clause (a) and (b) do not resolve the dispute, all initial and follow-up documents and information generated shall be submitted to the City. The 9 Ordinance No. ### DATE City shall take into consideration all information and opinions rendered and make a final judgment. The City shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions it renders. Subd. 2. If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS licensed business and the City Building Official for SSTS design or compliance purposes, all disputing parties shall follow the procedure outlined below: (a) The Building Official and the licensed business must meet at the disputed site in an attempt to resolve differences. (b) If this meeting does not resolve the differences, then the parties shall obtain an opinion from a Minnesota licensed professional soil scientist who is a certified SSTS designer or inspector and who is independent of, and agreed upon by, both parties. (c) If opinions rendered in clause (a) and (b) do not resolve the dispute, the City Council shall take into consideration all information and opinions rendered and make a final judgment. The City shall render findings of fact, conclusions of law, and findings setting forth the reasons for any final decisions they render. Subd. 3. Upon resolution of a dispute, amendments to initial disputed documents containing the resolution shall be made and submitted to the City and all other parties involved. Section 720.21. Variances. Subd. 1. City Authority. The City Council shall have the authority only to consider variances from the following standards: (a) Provisions of subsection 720.09 of this Section. (b) Horizontal setbacks from property lines, rights of way, structures, buildings, and wetlands. Subd. 2. Variance Procedures. (a) Any property owner requesting relief from the strict application of the provisions in this Section shall must complete and submit an application for variance on a form provided by the City. The variance request shall include, as applicable: 1. A statement identifying the specific provision or provisions in the ordinance from which the variance is requested; 2. A description of the practical difficulty that prevents compliance with the rule; 3. The alternative measures that will be taken to achieve a comparable degree of compliance with the purposes and intent of the applicable provisions; 4. The length of time for which the variance is requested; 5. Other relevant information requested by the City as necessary to properly evaluate the variance request; and 6. The appropriate fee shall be paid at the time of submittal of the application to receive consideration. (b) The City Council shall consider the variance request after conducting a public hearing. Notice of the hearing shall be mailed to owners within 1000 feet of the subject property and published in the City's legal newspaper at least 10 days before such hearing. (c) The variance may be granted provided that: to Ordinance No. ### DATE 1. The granting of the variance is in harmony with the general purposes and intent of this Section, and is in in accordance with Minnesota Rules, Chapters 7080, 7081, and 7082. 2. The City Council determines that the applicant has established that there are practical difficulties in meeting the strict letter of this Section. 3. The condition causing the demonstrated difficulty is unique to the property and was not caused by the actions of applicant. 4. The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons in the vicinity; and (d) In granting a request for a variance, the City may attach such conditions as it deems necessary to conform to the purpose and intent of this Section and to protect the health, safety, and welfare. (e) Any variance granted shall expire if the system is not installed within one year of the grant of the variance, unless the City Council grants an extension. Any violation of the terms and conditions of a variance issued, or any violation of any provision of this Section relating to the specific issue of the variance, shall result in immediate revocation of the variance. Subd. 3. Variances from State Agencies. Variances that pertain to standards and requirements not specified in Subd. 1 above and pertain to the standards and requirements of the State of Minnesota shall be reviewed and decided by the affected state agency pursuant to the requirements of such agency. Section 720.23. Enforcement. Subd. 1. Violation a Crime. Any person, firm, agent, or corporation who violates any of the provisions of this Section, or who fails, neglects, or refuses to comply with the provisions of this Section, including violations of conditions and safeguards, or who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense. Subd. 2. Cease and Desist Orders. Cease and desist orders may be issued when the City has probable cause that an activity regulated by this or any other City Ordinance is being or has been conducted without a permit or in violation of a permit. When work has been stopped by a cease and desist order, the work shall not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease and desist order lifted. Subd. 3. Abatement of Violation. Upon receipt of a notice of a violation of any of the provisions of the Section, the person, firm, agent, or corporation shall correct the violation within a reasonable amount of time. Upon failure to correct a violation, the City may take actions to abate an imminent threat to public health and safety, adequately protect groundwater, or enforce compliance with operating permits. Subd. 4. Costs and Reimbursements. 11 Ordinance No. ### DATE (a) If the City is required to remove or abate an imminent threat to public health or safety or take action to adequately protect groundwater or enforce compliance with operating permits, the City may recover all costs incurred in removal or abatement in a civil action, including legal fees. (b) At the discretion of the City Council, the cost of an enforcement action under this Section may be assessed and charged against the real property on which the public health nuisance was located. The County Auditor shall extend the cost as assessed and charged on the tax roll against said real property. Section 720.25. Severabilitv. If any section, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of law, the remainder of this Section shall not be affected and shall remain in full force. Section 720.27. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any other existing City ordinance, easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2015. Bob Mitchell, Mayor Attest: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News on the day of , 2015 12 Ordinance No. ### DATE MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: February 26, 2015 SUBJ: Planning Department Updates March 3 2015 City Council Meeting Land Use Application Review A) Property Resources Development Co. (PRDC) Conservation Design PUD Concept Plan — West of Willow Drive, southwest of Deerhill Road — PRDC has requested a Concept Plan for a Conservation Design subdivision to include 42 residential lots on 170 acres. The applicant proposes to preserve 30% of the buildable property with a conservation easement. The Planning Commission held a hearing at the February 10 meeting and the Park Commission reviewed on February 18 and provided comments. The City Council will review on March 3. B) Wakefield Valley Farm — 3385 County Road 24 — The applicant has requested final plat approval. City Council granted preliminary plat approval during the fall of last year. The application is tentatively scheduled for review by the Council at the March 3 meeting. C) John Day Companies Variance — 695-775 Tower Drive — Jack Day has requested approval of a variance to reduce the front parking setback from 25 feet to 10 feet to expand the parking lot on the subject property. The applicant argues that insufficient parking was constructed in the area upon its development, and the parking setback constitutes a practical difficulty. The Planning Commission reviewed this item at their January 13 meeting and recommended approval and the City Council discussed at their February 3 meeting and directed staff to prepare a resolution of approval. One of the conditions that the Council included was for the applicant to allow some of the proposed spaces to be shared with other property. The applicant is opposed to this condition and is considering their options. Staff is holding off on preparing the resolution until March 17. D) Enclave at Brockton 5th Addition — Lennar has requested final plat approval for the next phase of the Enclave at Brockton project. This phase is proposed to include 381ots in the south and west portion of the site. The application is tentatively scheduled for review by the Council at the March 17 meeting. E) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has requested a site plan review for construction of an 173,000 square feet memory care facility. The request also includes a rezoning from RR-UR to Business Park and an Interim Use Permit to permit continued agricultural use of the portion of the property not proposed to be developed. The Met Council has also approved of the previous Comp Plan amendment. The Planning Commission meeting reviewed the rezoning, site plan review and interim use permit at the February 10 meeting and unanimously recommended approval. The applicant has requested a delay in the review of the request while they review project costs. The requests are tentatively planned to be presented to the City Council on March 17 or April 7. F) Puptown CUP Amendment — 810 Tower Drive — Puptown has requested an amendment to their CUP to permit additional dogs on the property for daycare/playcare. The Planning Commission is scheduled to hold a Public Hearing on March 10. G) Varney Accessory Building CUP — 3985 County Road 19 — Jeff Varney has requested a CUP to construct a 10,000 square foot storage building for storing hay and farm equipment. The Planning Commission is scheduled to hold a Public Hearing on March 10. H) Dominium Affordable Rental Townhomes — 510 Clydesdale — Dominium has applied for a Stage II Plan to develop 26 affordable rental townhomes on 3.85 acres. The townhomes would include rent and income limitations because the developer has received pledges for funding through Minnesota Planning Department Update Page 1 of 2 March 3, 2015 City Council Meeting Housing. The Planning Commission held a Public Hearing at the November 12 meeting and unanimously recommended approval. The City Council reviewed at the December 2 meeting and directed staff to prepare resolution of approval. The City Council adopted a resolution approving the Stage II plan and preliminary plat at the December 16 meeting and the final plat at the January 20 meeting. Staff will work with the applicant to complete the conditions of approval. I) Villas at Medina Country Club PUD General Plan and Preliminary Plat — East of CR116, south of Shawnee Woods Road — Rachel Contracting has requested approval of a subdivision to include 43 single family homes along the west and north of the Medina Golf and Country Club. The applicant has revised plans to remove 5 units in the northeast portion of the site. The Planning Commission held a Public Hearing at the November 12 meeting. Commissioners raised concerns, especially related to the tree removal along Shawnee Woods Road. The City Council adopted documents approving the PUD and preliminary plat at the January 6 meeting. Staff is waiting for final plat. J) Munsell Easement Vacation, Soiney Right-of-way Vacation, St. Peter and Paul Cemetery, Hamel Place —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. K) Woods of Medina, Capital Knoll— these preliminary plats have been approved and staff is awaiting a final plat application L) Woodland Hill Preserve, Enclave at Brockton 4t1i, Hamel Haven, Morrison lot split, Three Rivers/Reimer Rearrangement subdivision — These subdivisions have all received final approval. Staff is working with the applicant on the conditions of approval before construction begins. M) D.R. Horton Stage I Plan — D.R. Horton has requested Stage I Plan approval for development of Mixed Use property west of Arrowhead, east of Mohawk and north of Highway 55. The entire property is approximately 84 acres in area (approximately 59 acres upland) and the applicant proposes 85 single family lots, a 54 unit apartment building and 5 acres of commercial development. The City Council granted Stage I approval at the January 21, 2014 meeting. Other Proiects A) Cable Analysis —staff met with Century Link to discuss existing high-speed internet service in the City. B) City Hall Renovations — staff worked with the architect to finalize (we believe) a layout for the renovation of the basement. If Council members are interested in seeing the concept, please let me know. C) Minnehaha Creek kick-off — staff attended a kick-off meeting for Minnehaha Creek's update to their "Comprehensive Plan." D) Temporary Planning/Building Assistant Interviews — staff conducted interviews for the position and are waiting to hear back from the top candidate. E) Solar Energy Ordinance — Staff presented the ordinance for review at the February 10 Commission meeting. The Planning Commission unanimously recommended approval, but also discussed continuing the discussion related to whether to allow ground -mounted solar equipment on residential property. The City Council adopted the ordinance at the February 17 meeting. As discussed by the Planning Commission and Council, staff intends to present more information related to panels on residential property this summer. Planning Department Update Page 2 of 2 March 3, 2015 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: February 27, 2015 RE: Department Updates Fire Meetings Loretto On February 13th I attended the Loretto Fire Department's first quarterly meeting for 2015. Chief Leuer introduced a building consultant who he has chosen to work with for his building proposal. Loretto Fire purchased land on Chippewa Road in Medina for their future fire station. Leuer stated that he would like to start construction in 2017. He reviewed the Loretto Fire annual report for 2014. The current Loretto Fire contract expires at the end of 2015. Chief Leuer asked that we review the contract and get comments back to him by April 15th for him to start the work on the new contract. I have met with Mayor Mitchell, Council Member Pederson and Administrator Johnson in reference to the contract language. We will be putting our concerns together and working with our city attorney on proposed language. Hamel On February 24th I attended the first quarterly fire meeting for the Hamel Fire Department at their station in uptown Hamel. Chief Ruchti, Wolfe and Fabrizio were all in attendance along with Mayor Mitchell, Council Member Pederson and Administrator Johnson. Chief Fabrizio went through a power point presentation on Hamel's 2014 annual report, their current personnel stats, their budget for 2015 and the programs they have in place and what their plans are for the coming year. The Chiefs want to move forward with their plan to have a taskforce look at future facilities. We will be working with the Hamel Fire Department on their future contract with the City. The presentation was sent out to all the council members after the meeting. Out of Town I will be out of town from February 26th through March 5th. If you have any police related issues, please contact Sergeant Nelson through our office. Sergeant Nelson will be able to reach me by phone. Criminal Investigations: By Inv. Charmane Domino Reports of a suspicious blue pickup truck in the driveway of two separate residences during the early morning hours. In both incidents the truck sped away when approached or saw activity. Resident called to report he had received a call from Bloomington PD about someone in possession of his W2. It appears at this time it was stolen from his mailbox and he may have been a victim of ID theft and /or forgery. Conducted compliance checks on persons on the Predatory Offender Registry that live or work in the city. There is only one known at this time and is compliant. Resident reported a bank deposit missing from his home. The deposit was cash and checks gathered from a fundraiser. There was a maintenance person on site around the time it went missing. Patrol: By Sergeant Jason Nelson Training On 02-10-15 we had a department meeting where we went over department policies and talked about patrol tactics. It was a good and informative meeting. Patrol Activities - For the dates of February 10 to February 25, 2015, our officers issued 45 citations and 129 warnings for various traffic infractions. There were a total of 3 driving while impaired arrests, 6 traffic accidents, 7 medicals and 20 alarms. On 02-10 and 02-11, I attended training in Bloomington that covered officer involved shootings and the best practices on how they should be handled. This was very good training with several officers that were involved in shootings in the past couple of years telling their stories. On 02-12, we hosted our monthly department meeting. Policies were reviewed and I also gave a presentation about officer safety tactics. On 02-24, Officers Gregory and Jessen attended Valor Training in Brooking Center. This was put on by the Hennepin County Sheriff's Department. On 02-24 to 02-26, Investigator Domino attended an Interview Training Course hosted by the Anoka County Sheriff's Department. On 02-13, Officer Gregory and I were dispatched to a vehicle that was driving all over the road. The caller was reporting that the vehicle had almost hit several cars head on. The vehicle was located and the driver was subsequently arrested for driving under the influence of a controlled substance. On 02-17, Officer Boecker was dispatched to take a theft report in Loretto. Upon arrival, the victim reported that he had approximately $1900 in cash stolen from his basement office. The residence was found to have been left open and a bank deposit bag was sitting out. A suspect has been named and the case was forwarded to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: February 15, 2015 MEETING: March 3, 2015 SUBJECT: Public Works Update STREETS • I have been working on getting a neighborhood meeting scheduled for the Independence Beach road project. I tentatively have the meeting scheduled for March 18th, from 5:30 to 7:00 here at City Hall, before the Park Commission meeting. • Seasonal weight restrictions are typically placed on our streets around the 15th of March. This can vary depending on the weather; but one thing is for sure, it will generate a lot of calls from builders and contractors wanting to get to a building site. • The streets are getting rough from the frost movement below. The cracks are more defined and you feel them as you drive down the road. This is quite natural, but some years they are more noticeable than others. • Road material bids will be opened March 9th and results will be in your packet March 17th. This will be a good indicator of how pricing on our larger projects should go. • The crew is still cutting brush along the streets when weather and time permit. WATER/SEWER/STORMWATER • There has been a setback in the well #8 drilling project. The well specifications in the bid package were incorrect and the well will have to be redesigned. Because of some miscommunication with their staff, WSB is not as confident with the data that was used for the original design. Staff agrees with WSB that there needs to be a test well drilled to see the specific yield, the water quality, and the impact well #8 could have on well #5. Staff has instructed WSB to put together a test well specification and gather quotes for that purpose. We plan to bring those quotes forward at the March 17th City Council meeting. Staff will work with WSB to resolve the financial implications (engineering fee's) of this setback. • The new controls have been installed at the Water Treatment Plant and so far they are working well. • The final grant payment for the Loretto Stormwater Project was received and everything is finalized. PARKS/TRAILS • The Public Works crew removed all the old barbed wire fencing between Hamel Legion Park and the Enclave Development. MISCELLANEOUS • Safety training and training for water and wastewater certification has been scheduled for this year. ORDER CHECKS February 18, 2015 - March 3, 2015 42527 GOPHER STATE ONE CALL $114.65 42528 HENNEPIN COUNTY HOOFBEATS $250.00 42529 MEADE, JANET $150.00 42530 MEDIACOM OF MN LLC $204.75 42531 SAM'S CLUB $298.80 42532 BROOKLYN PARK AUTOMOTIVE INC $6,220.00 42534 LORI OR MICHAEL FLETCHER $150.00 42535 HANNAN, KATE $150.00 42536 JAIN CENTER OF MN $200.00 42537 US HOME CORP $276.86 42538 MATTAMY MPLS PRTNSHP $26.70 42539 MILLER, ELIZABETH $150.00 42540 TOMCZIK, KARLA $250.00 42541 ACME TOOLS $205.00 42542 ALLSTAR ELECTRIC $314.00 42543 AMERICAN PRESSURE INC $26.00 42544 BROCK WHITE $39,999.78 42545 BUDGET PRINTING $12.79 42546 CARGILL INC. $9,622.97 42547 CENTURYLINK $644.00 42548 CRABTREE COMPANIES $2,173.00 42549 ECM PUBLISHERS INC $535.61 42550 FINANCE AND COMMERCE $56.23 42551 HENN COUNTY SHERIFF $106.56 42552 HOLIDAY FLEET $433.21 42553 KENNEDY & GRAVEN CHARTERED $13,443.25 42554 KRIS ENGINEERING INC $4,581.93 42555 LEAGUE OF MINNESOTA CITIES $535.00 42556 US HOME CORP $458.75 42557 LORETTO VOL FIRE DEPT INC $24,643.79 42558 MADISON NATIONAL LIFE $576.38 42559 CITY OF MAPLE PLAIN $14.56 42560 MARCO INC $642.68 42561 MN CHIEFS OF POLICE ASSN $325.00 42562 NAPA OF CORCORAN INC $43.14 42563 NORDGREN AUTOMATIVE INC $211.46 42564 OFFICE DEPOT $114.99 42565 PITNEY BOWES $280.80 42566 READY WATT ELECTRIC $295.00 42567 ROLF ERICKSON ENTERPRISES INC $6,959.44 42568 STREICHER'S $160.00 42569 SUN LIFE FINANCIAL $503.40 42570 TEGRETE CORP $1,358.64 42571 TIMESAVER OFFSITE $166.00 42572 VACKER INC $330.00 42573 WESTSIDE WHOLESALE TIRE $20.00 42574 WSB & ASSOCIATES $43,326.50 Total Checks $161,561.62 Electronic Payments February 12, 2015 - February 26, 2015 003031E MINNESOTA, STATE OF $733.00 003032E FARMERS STATE BANK OF HAMEL $44.00 003033E DELTA DENTAL $2,230.44 003034E PR PERA $13,886.66 003035E MEDIACOM OF MN LLC $219.90 003036E PIVOTAL PAYMENTS INC $176.35 003037E WRIGHT HENN COOP ELEC ASSN $1,927.75 003038E VALVOLINE FLEET SERVICES $193.79 003039E PREMIUM WATERS INC $10.00 003040E MEDIACOM OF MN LLC ($0.42) 003041E KONICA MINOLTA $168.48 003042E CIPHER LABORATORIES INC. $4,753.00 003043E PR FED/FICA $14,429.19 003044E PR MN Deferred Comp $1,730.00 003045E PR STATE OF MINNESOTA $3,068.00 003046E SELECT ACCOUNT $702.00 003047E CITY OF MEDINA $18.00 Total Electronic Checks $44,290.14 PAYROLL DIRECT DEPOSIT February 25, 2015 506240 ALTENDORF, JENNIFER L. $1,354.48 506241 BARNHART, ERIN A $1,866.83 506242 BELLAND, EDGAR J. $2,509.22 506243 BOECKER, KEVIN D $2,290.46 506244 CONVERSE, KEITH A. $2,012.24 506245 DINGMANN, IVAN W. $1,850.68 506246 DOMINO, CHARMANE $1,743.90 506247 ENDE, JOSEPH $1,367.22 506248 FINKE, DUSTIN D $2,129.75 506249 GALLUP, JODI M. $1,591.07 506250 GLEASON, JOHN M $2,006.18 506251 GREGORY, THOMAS $1,962.24 506252 HALL, DAVID M $2,071.84 506253 JESSEN, JEREMIAH S. $1,971.30 506254 JOHNSON, SCOTT T $2,168.62 506255 KLAERS, ANNE M. $660.37 506256 LANE, LINDA $1,465.16 506257 LEUER, GREGORY J $1,888.82 506258 MCGILL, CHRISTOPHER R. $1,546.40 506259 NELSON, JASON $2,176.71 506260 PETERSON, DEBRA A. $1,545.17 506261 REINKING, DEREK M $1,644.83 506262 SCHERER, STEVEN T $2,395.70 506263 VIEAU, CECILIA M $1,203.70 506264 VINCK, JOHN J. $1,997.00 506265 WENANDE, BRANDON S. $551.03 Total Payroll Direct Deposit $45,970.92 Addition to Agenda Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015- RESOLUTION SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS WHEREAS, Minnesota contains over 141,000 miles of roadway, and over 22,500 miles — or 16 percent —are owned and maintained by Minnesota's 852 cities; and WHEREAS, almost 85 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes and special assessments, have limited applications, leaving cities under -equipped to address growing needs; and WHEREAS, city cost participation in state and county highway projects diverts resources from city -owned streets; and WHEREAS, maintenance costs increase as road systems age, and no city --large or small — is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, for every one dollar spent on maintenance, a road authority --and therefore taxpayers --save seven dollars in repairs; and WHEREAS, cities need greater resources, including an additional dedicated state funding source for transportation, and flexible policies in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED that the City of Medina supports an omnibus transportation funding bill that provides additional dedicated state funding for city streets including funding that can be used for non-MSA city street maintenance, construction and reconstruction. ADOPTED by the City of Medina this 3rd day of March, 2015. Resolution No. 2015- March 3, 2015 Dated: March 3, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -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. 2015- 2 March 3, 2015