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HomeMy Public PortalAbout03.07.2017 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, March 7, 2017 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 21, 2017 Special Council Meeting B. Minutes of the February 21, 2017 Regular Council Meeting V. CONSENT AGENDA A. Approve American Legion Consumption and Display Liquor License B. Approve Temporary Liquor License to Church of St. Anne at 200 Hamel Road on August 27, 2017 C. Approve Street Sweeping Services Agreement with Carefree Services Inc. D. Approve Street Striping Services Agreement with Twin City Striping Inc. E. Approve Garden Maintenance Services Agreement with Designing Nature Inc. F. Call for a Special Meeting on March 21, 2017 at 8 a.m. for the Annual Business Forum G. Call for a Special Meeting on March 21, 2017 at 9:15 a.m. for the Spring Business Tours H. Ordinance Establishing Fees for City Clean-up Day I. Resolution Authorizing Publication of Ordinance Establishing Fees for City Clean-up Day by Title and Summary VI. PRESENTATIONS A. Hennepin County Commissioner Jeff Johnson B. Fire Department Annual Reports VII. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VIII. NEW BUSINESS A. LJP Development LLC — 1432 Baker Park Road (CR 29) — Comprehensive Plan Amendment and Rezoning B. Housing Ordinance Changes/Study for Predatory Offenders IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Posted 3/2/2017 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: March 2, 2017 DATE OF MEETING: March 7, 2017 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve American Legion Consumption and Display Liquor License — All paperwork and fees are in order. Staff recommends approval. No attachments for this item. B. Approve Temporary Liquor License to Church of St. Anne at 200 Hamel Road on August 27, 2017 — All paperwork and fees are in order. Staff recommends approval. No attachments for this item. C. Approve Street Sweeping Services Agreement with Carefree Services Inc. — Staff is recommending the extension of the 2015-2016 Sweeping Agreement with Carefree Services for an additional two years, which will cover 2017 and 2018. The contractor has agreed to extend the agreement with an increase the first year for additional streets that the City added since the previous contract and an additional 3% increase the second year. Staff recommends approval. See attached agreement. D. Approve Street Striping Services Agreement with Twin City Striping Inc. — Staff is recommending the extension of the 2015-2016 Striping Services Agreement with Twin City Striping for an additional two years, which will cover 2017 and 2018. The contractor has agreed to extend the agreement for an additional two years at the same compensation rate. Staff recommends approval. See attached agreement. E. Approve Garden Maintenance Services Agreement with Designing Nature Inc. — Staff is recommending the extension of the Garden Maintenance Services Agreement with Designing Nature for an additional two years, 2017 and 2018, at the agreed upon rate of $29/hour. Staff recommends approval. See attached agreement. F. Call for a Special Meeting on March 21, 2017 at 8 a.m. for the Annual Business Forum — The Annual Business Forum is scheduled for March 21, 2017 at 8 a.m. at the Hamel Community Building. Staff recommends approval. No attachments for this item. G. Call for a Special Meeting on March 21, 2017 at 9:15 a.m. for the Spring Business Tours — The Spring Business Tours will take place immediately following the Annual Business Forum. Staff recommends approval. No attachments for this item. H. Ordinance Establishing Fees for City Clean-up Day — The attached ordinance establishes the fees for City Clean-up Day, which will be held on Saturday, April 29th. Staff recommends approval. See attached ordinance. I. Resolution Authorizing Publication of Ordinance Establishing Fees for City Clean-up Day by Title and Summary — Staff recommends approval of the resolution authorizing the publication of the ordinance by title and summary. See attached resolution. VI. PRESENTATIONS A. Hennepin County Commissioner Jeff Johnson — Commissioner Johnson will be at the March 7th meeting to provide an update to the City Council. No attachments. B. Fire Department Annual Reports — Hamel, Long Lake, Loretto and Maple Plain Fire Departments will be providing the City Council with their Annual Reports at the meeting. No attachments. VIII. NEW BUSINESS A. LJP Development LLC —1432 Baker Park Road (CR 29) — Comprehensive Plan Amendment and Rezoning — LJP Development, LLC has requested a Comprehensive Plan and Rezoning for property located at 1432 Baker Park Road (County Road 29). The applicant requests a change of the future land use in the 2010-2030 Comprehensive Plan from Commercial to High Density Residential and a Rezoning from Commercial - Highway to R-4, Limited High Density Residential. The applicant desires to develop a phased 42-unit memory care facility on an approximately 2.12 acres property. See attached report. If the City Council finds the proposed Comprehensive Plan amendment is consistent with the vision and goals of the Plan, the following motion would be in order: Potential Motion: Move to direct staff to prepare documents approving the Comprehensive Plan Amendment and Rezoning subject to the conditions recommended by the Planning Commission. 2 B. Housing Ordinance Changes/Study for Predatory Offenders — Attorney Andrew Biggerstaff from Kennedy & Graven will be attending the March 7th City Council Meeting in place of City Attorney Ron Batty. Mr. Biggerstaff will present to the City Council on this topic. See attached presentation. M. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 004042E-004063E for $66,414.72, order check numbers 045564-045613 for $45,308.56, and payroll EFT 507741-507766 for $47, 875.76. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 3 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 21, 2017 The City Council of Medina, Minnesota met in special session on February 21, 2017 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Anderson, Cousineau, Mitchell and Pederson (6:54 p.m.) Members absent: Martin Also present: City Administrator Scott Johnson, City Engineer Jim Stremel, Tony Havranek from WSB, Public Works Director Steve Scherer, and City Planner Dusty Finke II. Long Lake Subwatershed Carp Study Grant City Engineer Jim Stremel and Tony Havranek from WSB provided background information on the proposed project. Mr. Havranek also discussed a similar project that took place on Silver Lake. Council discussed the grant objectives, why the study was necessary (removal of the carp without the study), 10 year study and long-term removal costs, partnering with Minnehaha Creek Watershed District, further defining the project scope, and equally sharing the costs with the Cities of Long Lake and Orono. III. Minnehaha Creek Watershed District Best Practices Information Laura Domyancich and Kelly Dooley from Minnehaha Creek Watershed District (MCWD) provided a presentation to the City Council on their "Best Management Practices for Water Quality Improvement" Memo. The City Council directed staff to work with MCWD and private property owners in Medina on private projects to help water quality in the Painter Creek and Long Lake Creek Subwatersheds. Adjournment Mitchell closed the meeting at 7: 04 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 February 21, 2017 This Page Intentionally Left Blank Medina City Council Special Meeting Minutes 2 February21, 2017 1 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 21, 2017 4 5 The City Council of Medina, Minnesota met in regular session on February 21, 2017 at 6 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, and Mitchell. 11 12 Members absent: Martin. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Police 16 Sergeant Jason Nelson. 17 18 II. PLEDGE OF ALLEGIANCE (7:06 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:06 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:06 p.m.) 24 25 A. Approval of the February 7, 2017 4:00 P.M. Special City Council Meeting 26 Minutes 27 Moved by Cousineau, seconded by Pederson, to approve the February 7, 2017 4:00 28 P.M. special City Council meeting minutes as presented. Motion passed 29 unanimously. 30 31 B. Approval of the February 7, 2017 4:30 P.M. Special City Council Meeting 32 Minutes 33 Moved by Cousineau, seconded by Anderson, to approve the February 7, 2017 4:30 34 P.M. special City Council meeting minutes as presented. Motion passed 35 unanimously. 36 37 C. Approval of the February 7, 2017 Regular City Council Meeting Minutes 38 Johnson noted that he received some grammatical changes to pages three and nine that 39 staff will incorporate. 40 41 It was noted on page three, line 41, the following sentence should be added, "Cousineau 42 stated the ordinance might be better suited for larger parcels rather than the smaller 43 ones in the ordinance, i.e. 40 acres as currently defined." On page three, line 38, it 44 should state, "...interest from the Council in tying the density bonus incentives to the 45 number of homes +ha+ n,iivh+ ho in pl ho +heunh+ +ho+ ,v,00 on in+ores+i Fig pein+ 46 proposed by the applicant, noting that perhaps the 200 percent density bonus is be 47 linked to a lesser number of homes." On page five, line 13, it should state, "...the trees 48 could be improved restored..." On page seven, line 27, it should state, "...trail becoming 49 public." On page nine, following line three, the following sentence should be added, 50 "She also asked if we shouldn't add the five acres of suitable soils into the new 51 Comprehensive Plan as stated in the existing Comprehensive Plan." Medina City Council Meeting Minutes 1 February21, 2017 1 2 Moved by Cousineau, seconded by Anderson, to approve the February 7, 2017 regular 3 City Council meeting minutes as amended. Motion passed unanimously. 4 5 V. CONSENT AGENDA (7:10 p.m.) 6 7 A. Approve 2017 Work Plan Goals 8 B. Approve Temporary Liquor License to Wildlife Rehabilitation Center of 9 Minnesota on August 12, 2017 at 3000 Hamel Road 10 C. Appoint Lauren Lubenow as Youth Member to the Medina Park 11 Commission 12 D. Amend Personnel Policies 5.40 Sick Leave, 5.50 Sick Leave Donation, 6.50 13 Pregnancy and Parental Leave, 6.60 Leave of Absence - Other 14 E. Resolution No. 2017-13 Supporting Grant Application for Hennepin County 15 Bikeway Participation Program 16 F. Resolution No. 2017-14 Entering into MNDOT Agreement for Traffic Control 17 Signal Maintenance Aqreement (MNDOT Agreement No. 1027317) and 18 Authorizing Signatures 19 G. Resolution No. 2017-15 Authorizing Signatures for the Cooperative 20 Agreement No. PW 67-36-16 with Hennepin County 21 Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion 22 passed unanimously. 23 24 VI. COMMENTS (7:12 p.m.) 25 26 A. Comments from Citizens on Items not on the Agenda 27 There were none. 28 29 B. Park Commission 30 Scherer noted that the Park Commission met to discuss trail connections and the prior 31 goals. He noted that the annual park tour will be held on April 19tn 32 33 C. Planning Commission 34 Planning Commissioner Barry reported that the Planning Commission met the previous 35 week to consider two items. He stated that the first was a concept plan review for an 80- 36 unit senior assisted living facility that would also include a commercial and business 37 building. He stated that the largest aspect of the discussion was the rezoning that would 38 be necessary and whether the Commission would like to approve the rezoning prior to 39 the new Comprehensive Plan becoming active. He noted that the commercial and 40 business definitions are very similar and therefore the Commission felt that they could 41 support the rezoning should this continue to move forward. He stated that the second 42 item considered was a public hearing for a 42-unit memory care facility, which required a 43 Comprehensive Plan amendment and rezoning. He noted that this item also had 44 discussion on whether to rezone and amend prior to the new Comprehensive Plan 45 becoming effective. He noted that the Commission did recommend approval of the 46 request. 47 48 VII. NEW BUSINESS 49 50 A. Lunski Senior Housing/Office Concept Plan Review — PID 03-118-23-32- 51 0007 (7:18 p.m.) Medina City Council Meeting Minutes 2 February21, 2017 1 Finke noted that this is a concept plan review and therefore the Council will simply 2 provide comments and no formal action is necessary. He stated that this is a proposed 3 80-unit combination of independent and assisted senior living and would also include an 4 office building and commercial building. He discussed the topography and current state 5 of the site including trees and wetlands. He stated that a future request may come 6 forward to rezone the parcel from commercial to business. He noted that the draft 7 Comprehensive Plan designates this land as business rather than the current 8 designation of business. He identified the zoning and uses of adjacent properties. He 9 displayed the concept plan which identifies the senior housing building, the office 10 building, and the commercial building. He stated that the concept plan designates three 11 lots and provided more details on the proposed access. He reviewed some of the 12 concerns noted by staff including the need to specify the mix of assisted living and 13 independent units within the complex. He noted that within the business zoning district, 14 assisted living would need to be the primary use with independent living as an 15 accessory. He stated that one item to be considered is whether the Council would be 16 comfortable rezoning the parcel to business ahead of the adoption of the draft 17 Comprehensive Plan. He noted that staff has suggested that the building size be 18 reduced slightly to better fit onto the parcel. He provided additional information on high 19 density housing and how those units are calculated. 20 21 Pederson referenced the wetland that would be filled and asked for additional 22 information. 23 24 Finke stated that there are wetland impacts for the driveway, which staff views as a 25 necessity as access will not be supported onto Highway 55. 26 27 Anderson referenced lot three, specifically the setback requirement, and asked how 28 much the applicant is short of meeting that requirement. 29 30 Finke replied that the applicant would be about two or three feet short of meeting the 31 setback requirement. 32 33 Pederson asked whether emergency and fire vehicles would have adequate space to 34 navigate the site. He noted that if this moves forward the Chippewa extension may be 35 needed and the applicant should be aware of the costs. 36 37 Mitchell noted that this is different than the original plan for the area but it could still be a 38 good fit and asked for the input of the Council. 39 40 Pederson stated that this seems to be a good fit for the property but it seems that there 41 is too much going on with the site. 42 43 Cousineau stated that this does not seem like a bad location for the project but the 44 project is too large and feels like a jump ahead. 45 46 Mitchell stated that commercial is not filtered through the same jump ahead as 47 residential development. 48 49 Anderson stated that the real question is regarding the policy. He stated that despite the 50 similarities between business and commercial zoning, there have been previous 51 applicants that wanted to come in under the new Comprehensive Plan zoning and the Medina City Council Meeting Minutes 3 February21, 2017 1 Council has denied those requests. He stated that if the applicant feels strongly they 2 should request a Comprehensive Plan amendment. 3 4 Mitchell noted that this would not draw a large amount of traffic to the site, which is in 5 agreement with what the City wants. He stated that he attended the Planning 6 Commission meeting and endorsed the comment that the applicant work with the 7 adjacent property owner for a possible driveway that would avoid the wetland. He stated 8 that the applicant has stated that they would like flexibility in the unit type so that they 9 can change over time based on the market demands. He cautioned to ensure that if 10 flexibility is provided, a sufficient amount of parking is still provided. He stated that this 11 seems to be a lot of development on not so much land. 12 13 Cousineau stated that there is real emphasis on the business park zoning that the 14 buildings should blend into the surroundings and she commented that perhaps the 15 landscaping could be tweaked to better blend. She noted that the height of the building 16 would stand out a lot compared to the surrounding uses. 17 18 Pederson stated that applicants have complained later in the process about the cost of 19 underground parking and noted that the applicant should be aware of that cost as the 20 underground parking would be needed to support this level of development. 21 22 Anderson noted that this may be the straw that breaks the camel's back in regard to 23 Chippewa and the applicant should be aware of the cost that would come along with that 24 road project. 25 26 Mitchell stated that this is a terrific use for the property. He stated that the Council is 27 getting into the design details in order to provide a higher level of comment to the 28 applicant. He stated that he is in favor of the project with the comments the Council 29 made tonight. 30 31 Pederson stated that he is also in agreement with the project as long as the details could 32 be worked out. 33 34 Cousineau stated that she would be willing to rezone to high density if that would mean 35 that the units would count towards that requirement. 36 37 Finke provided additional details on the process that would be necessary to change the 38 zoning to high density. He stated that at the Planning Commission, the applicant did say 39 that if the rezoning was done to high density they would not be opposed to that and 40 would then choose high density rather than senior living. 41 42 Cousineau asked if this could create a creep in the increase of residential units that 43 would not count towards high density requirements. 44 45 Finke stated that there are a number of acres available for business development that 46 could be used for assisted type living. 47 48 Dean Lunski, applicant, stated that they purchased the property in 2005 with the intent to 49 develop in 2005, but a moratorium was placed and therefore they have not been able to 50 develop. He stated that if they were going to rezone to residential they would go to 51 multi -family housing rather than independent/assisted living as that use is also highly in Medina City Council Meeting Minutes 4 February21, 2017 1 demand. He stated that the aging population of Medina is growing and therefore there is 2 a demand for senior living in the area. 3 4 Mitchell stated that the applicant has sat on this land for many years and the applicant 5 would like to get moving and not wait until 2020. 6 7 B. Orono's Request for Support on Expandinq Long Lake Fire (7:57 p.m.) 8 Mitchell stated that Long Lake Fire and Orono went through this process last year and 9 decided to stay where they were, but now would like to take another look at it. He stated 10 that nothing is required of the City and therefore he would like to allow them to look at 11 the issue again. 12 13 The Council Members agreed. 14 15 VIII. OLD BUSINESS 16 17 A. 2020-2040 Comprehensive Plan Update (7:58 p.m.) 18 Johnson noted that the updated draft plan was provided in the packet for the Council to 19 review. He noted that if the Council is okay with the draft plan as presented, the Council 20 could take action tonight. 21 22 Mitchell asked if the decision should be delayed based on the conversation that occurred 23 earlier in the meeting. 24 25 Finke stated that the consensus he understood is that there would not be a reason to 26 rezone to residential and therefore delayed action would not be necessary. 27 28 Cousineau stated that her concern would be that over time the City could accumulate 29 additional high density housing that was not designated in the Comprehensive Plan. 30 31 Finke stated that the adjustment for that would not necessarily be within the 32 Comprehensive Plan, but the City could instead remove assisted living from the zoning 33 at any point if that market becomes saturated. 34 35 Mitchell suggested delaying action on the Comprehensive Plan at this time to allow staff 36 additional time to determine the best method to move ahead with the Lunski project 37 without opening the gates to a saturated market. 38 39 Finke asked if that is a concern of the Council in general, in having a substantial amount 40 of residential type units in the business land use. He stated that issue is not as much of 41 a Comprehensive Plan issue as it is a zoning issue. He provided additional details on 42 the opportunities that the business land use provides for assisted living facilities. 43 44 Mitchell noted that the City has guided to the minimums but those are minimums. He 45 noted that the City does not have transportation and therefore affordable housing units 46 must have garages and geared for those that drive. 47 48 Cousineau recognized that her concern is for the future and that this could add 49 additional high density units. 50 Medina City Council Meeting Minutes 5 February21, 2017 1 Finke noted that the development would only occur based on market demands. He 2 stated that the Council could make the decision to phase out senior housing but the 3 housing objectives suggest that the Council does not want to do that. 4 5 Mitchell stated that it appears that the Council can move the Comprehensive Plan 6 forward. 7 8 Finke clarified that moving forward is simply releasing the document for jurisdictional 9 review and it is not the last time the Council will see the plan. 10 11 Stremel provided additional details on the costs, for items such as the water tower, 12 which will be included. 13 14 Anderson referenced the surface water management plan and referenced a suggested 15 grammatical change. 16 17 Finke noted that the Chippewa extension is identified in the transportation plan, although 18 a specific timeframe or funding source is not mentioned. 19 20 Pederson recused himself. 21 22 Moved by Anderson, seconded by Cousineau, to direct staff to route the 2020-2040 23 Comprehensive Plan to affected jurisdictions for their review and comment. Motion 24 passed unanimously. 25 26 Pederson rejoined the Council. 27 28 IX. CITY ADMINISTRATOR REPORT (8:19 p.m.) 29 Johnson provided information on the proposed Baker Park Ravine Stabilization project 30 that was recently presented by Three Rivers Park to the Pioneer Sarah Creek 31 Watershed. He noted that if all the grant funds are received, the cost to Medina would 32 be $10,500 for the phosphorus reduction project. The estimated phosphorus reduction 33 is 134 pounds. He noted that Medina's project potion could be funded under the 2018 34 CIP. 35 36 Pederson commented that this seems to be a great value. 37 38 Johnson confirmed the consensus of the Council to add the project to the 2018 CIP. 39 40 X. MAYOR & CITY COUNCIL REPORTS (8:20 p.m.) 41 Anderson stated that he attended the mayors' dinner the previous week and provided an 42 update. He stated that he informed the group of the newly appointed youth member to 43 the Parks Commission and the group thought it was a great idea. He stated that the 44 senior engineer at MnDOT spoke on a state-wide basis in regards to roads and 45 transportation. He noted that the maintenance budget for the next several years far 46 exceeds the available funds and therefore there will be deterioration of roadways and 47 road closures. He stated that transportation continues to be a key issue for the 48 legislature. 49 50 Johnson stated that he attended the West Metro Drug Task Force luncheon, noting that 51 two of the officers that are moving on were commended for their years of service. He Medina City Council Meeting Minutes 6 February21, 2017 1 noted that a recap of the 2016 accomplishments was provided. He stated that the City 2 also received a check for $20,000 from the group to help off -set some of Medina's 3 expenses, which is an equal share that all members in the task force received from 4 forfeitures. 5 6 Mitchell expressed thanks for those that have filled in attending the mayors' meetings. 7 8 XI. APPROVAL TO PAY THE BILLS (8:26 p.m.) 9 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 004025E- 10 004041E for $49,158.19, order check numbers 045505-045563 for $137, 664.30, and 11 payroll EFT 507710-507740 for $47, 854.15. Motion passed unanimously. 12 13 XII. ADJOURN 14 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 8:26 p.m. 15 Motion passed unanimously. 16 17 18 19 Bob Mitchell, Mayor 20 Attest: 21 22 23 Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 7 February21, 2017 Agenda Item # SC STREET SWEEPING SERVICES AGREEMENT This Agreement is made this 7th day of March 2017, by and between Carefree Services Inc., 971 County Road 19, Maple Plain, MN 55359, a Minnesota 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 street sweeping services; and 2. The City has approved the contract for street sweeping 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 street sweeping services for all City of Medina urban residential and commercial streets, as well as specified intersections, as highlighted on Exhibit A, by May 1, 2017 and May 1, 2018, weather permitting. Two additional sweepings of the Independence Beach area streets, as identified on Exhibit B, shall be performed between May 1, 2017 and November 1, 2017 and also between May 1, 2018 and November 1, 2018. All sweepings performed shall be under the direction of the City Public Works Director. 2.0. TERM. The term of this contract will be from April 1, 2017 until November 1, 2018, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor for a complete sweeping of streets highlighted on Exhibit A and B, including the two additional sweepings at Independence Beach, at a rate of $4,950 for 2017 and $5,100 for 2018, as well as a per hour rate of $102 for additional services approved by the Public Works Director. The Contractor will use a Tymco Sweeper and supply the support vehicle needed to haul away the material that is swept up. The City will provide water for the sweeper. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. 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 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 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 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. 10.0 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. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party 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. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Jodi M. Gallup, City Clerk CAREFREE SERVICES INC. (CONTRACTOR) By 3 diva Lake serve City of Medina Parks, Recreation, and open Space Parks and Recreation Parcel Boundary - City Parks and Recreation State or Regional Parks 'a 3' Open Space A Private Recreation EXHIBIT A RESTRICTED STREETS *This map is not perfectly precise. Actual boundaries may vary, and should be field verified. Map Bate: September 23, 2008 Parceld current as of October 2006 UTM, Zone 15N, NAB 83 Scale: 1:30,000 11111111 Mile Exhibit B Independence Beach Area Independence ct) 0 ( Agenda Item # 5D STREET STRIPING SERVICES AGREEMENT This Agreement is made this 7t1i day of March 2017, by and between Twin City Striping Inc., 1846 110th Street S.E. Delano, MN 55328, a Minnesota 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 street striping services; and 2. The City has approved the contract for street striping 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 street striping services for the City of Medina urban residential and commercial streets as approved by the City Public Works Director. 2.0. TERM. The term of this contract will be from March 7, 2017 to November 30, 2018. 3.0 COMPENSATION. The City shall compensate the Contractor a per linear foot rate of $.076, for street striping services as defined in the Scope of Services above and approved by the Public Works Director. 3.01 The Contractor shall pay for all licenses and permits. The City is tax exempt. 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. 4.02 The Contractor will supply and use its own equipment, tools, and materials, including 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 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 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 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. The Contractor shall provide the City with copies of all contracts for assigned services. 10.0 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. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. 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 T. Johnson, City Administrator TWIN CITY STRIPING (CONTRACTOR) By Wayne R. Jones, Owner Agenda Item # 5E GARDEN MAINTENANCE SERVICES AGREEMENT This Agreement is made this 761 day of March 2017, by and between Designing Nature, Inc., 3312 Red Fox Drive, Medina, MN 55340, a Minnesota 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 garden maintenance services; and 2. The City has approved the contract for garden maintenance 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 garden maintenance services for the City. "Garden Maintenance Services" will consist of initial clean-up of all garden beds, weeding, deadheading and trimming of shrubs where necessary at all City facilities, as well as other areas specified by the Public Works Director. As part of this contract, the Public Works Director may also ask the contractor for recommendations on purchase of additional plantings as needed, as well as dividing plants in the fall to use in the various garden areas. If there is cause for the Contractor to need larger equipment not normally used in basic gardening, the Public Works Director will work out additional compensation. 2.0 TERM. The term and prices of this contract shall remain in effect from March 2017 — November 2018, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor at a rate of $29/hour per person, plus materials, for garden maintenance services described on Exhibit A and above in Scope of Service. The City is exempt from sales tax. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. 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 1 unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. If it is determined by the Public Works Superintendent that additional traffic control is needed, it will be provided by the City. 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 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 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. 10.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 11.0 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. 2 12.0 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. 13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 14.0 TERMINATION. Either party 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 T. Johnson, City Administrator DESIGNING NATURE, INC. By 3 DESIGNI LANDSCAPING SERVICES 3312 Red Fox Drive Hamel MN 55340 Phone: 763-478-4565 www.designingnatureinc.com Date: February 23, 2017 Client name: City of Medina Address: 2052 Co Rd 24 Medina MN 55340 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of: Garden Maintenance services provided at $29.00 per hour per person plus materials. Garden Maintenance will be performed at the City Hall sign, Public Works sign and flagpole, Park signs, Rain Gardens, Butterfly Garden and Hamel Road planting beds. We would propose 4 visits per season: Spring clean-up, two mid -summer check-in's which include weeding/trimming and a fall cleanup. This proposal is good for 2 calendar years. The addition or omission of any parts of the work or materials as added to or omitted from the General Contract by the Owner or General Contractor; that fair adjustments shall be made in the Contract Price for each added or omitted work. Contractor shall not be liable for any unforeseen or unusual physical conditions which differ materially ordinarily found to exist and generally recognized as inherent in construction activities including but not limited to; poor soil, electrical, and irrigation lines. Any such corrections or repairs shall be performed at the sole cost and expense of the owner. Respectfully Submitted By: Jackie Leuerjleuer@designingnatureinc.com & Sarah Notch snotch@designingnatureinc.com The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature: Title: Date: 1 Notice We are authorized by law to provide you with this NOTICE. You are, therefore, notified that: (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Dated: February 23, 2017 Designing Nature, Inc. A Minnesota Corporation By: JatAci e. Lever & Sara -IA- NcYfc in. The undersigned Owner named in the foregoing Agreement hereby acknowledges receipt of this Notice from Designing Nature Inc., a Minnesota Corporation on this day of , 2017. (OWNER) (OWNER TERMS & CONDITIONS UNPAID INVOICES ARE PAST DUE 30 DAYS FROM DATE OF INVOICE. PAST DUE AMOUNTS ARE SUBJECT OT A SERVICE CHARGE OF 1 .5% PER MONTH, WHICH IS AN ANNUAL RATE OF 18%. A SERVICE CHARGE OF $25.00 WILL BE APPLIED TO EACH RETURNED CHECK. 2 Agenda Item # 5H CITY OF MEDINA ORDINANCE NO. AN ORDINANCE ESTABLISHING FEES FOR CITY CLEAN-UP DAY The city council of the city of Medina ordains as follows: Section 1. The schedule of fees for collecting the following items and materials and acquisition of trees from the Annual City Clean-up Day shall be: Accepted Items: • Brush No Charge • Leaves No Charge • Scrap iron No Charge • Batteries No Charge • Anti -freeze No Charge • Computer Tower/Laptop/Small Handheld Device No Charge • Appliances $5 each • Miscellaneous Electronics $5-10 each • Computer Monitor $10 each • Televisions (small size) $10 each • Televisions (large flat screen — 27" on up) $15 each • Televisions (large tube style — 27" on up) $25 each • Mattress/Box springs $25 each • Tires — car $4 each • Tires — truck — with or without rim $6 each • Tires — semi truck — without rim $10 each • Tires — semi truck — with rim $15 each • Tires — tractor $25.00 small/$45.00 medium/$60.00 large • Dumping (i.e. carpet, furniture/building materials) $10 small load • Dumping — full tied down pick-up truck Up to $30 large load Purchase of Trees: • Red Maple .$15 • Autumn Blaze .$15 • Honey Locust .$15 • Hackberry .$15 • Northern Pin Oak $15 • Linden .$15 • American Elm $15 • Swamp White Oak .$15 Section 2. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this Ordinance No. March 7, 2017 day of March, 2017. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk Published in the Crow River News this day of , 2017. Ordinance No. March 7, 2017 2 Agenda Item # 5I Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUM1VIARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. regarding revisions of the city's fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the City Clerk shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. . The ordinance revises the city's fee schedule to include fees for Clean -Up Day. The ordinance will not be codified. The full text of Ordinance No. is available for inspection at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: March 7, 2017. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk Resolution No. 2017- March 7, 2017 The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017- 2 March 7, 2017 Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: February 27, 2017 MEETING: March 7, 2017 SUBJ: LJP Development LLC. - 1432 Baker Park Road (CR 29) — Comprehensive Plan Amendment and Rezoning Summary of Request LJP Development, LLC has requested a Comprehensive Plan and Rezoning for property located at 1432 Baker Park Road (County Road 29). The applicant requests a change of the future land use in the 2010-2030 Comprehensive Plan from Commercial to High Density Residential and a Rezoning from Commercial -Highway to R-4, Limited High Density Residential. The applicant desires to develop a memory care facility upon the property, which is not permitted with the Commercial zoning districts of the Comprehensive Plan. The draft 2020-2040 Comprehensive Plan proposes to change the future land use to High Density Residential, so the proposed amendment would be generally consistent with the direction the City is heading. However, the applicant seeks to begin development sooner than the Comprehensive Plan update will be in effect. The subject property is approximately 2.12 acres in size, located north of Highway 12 on the east of County Road 29. An existing house and detached garage are currently located on the site. A multi -tenant commercial building is located to the south, a single-family home to the north, the City of Maple Plain is across County Road 29 and Baker Park Reserve to the east. The residential property to the north is guided similarly to the subject site and is also proposed to be changed to High Density Residential in the draft Comprehensive Plan update. An aerial of the subject site and surrounding lands can be found at the top of the following page. Analysis The subject property and other adjacent properties are proposed to be guided High Density Residential in the draft 2020-2040 Comprehensive Plan. The properties are also within the current staging period of both the current Plan and the draft Update. These properties were seen as a good opportunity for higher density housing because the park and ride across the street in the City of Maple Plain provides the only opportunity for transit in the City. Nursing homes, assisted living facilities, and similar facilities are currently listed as conditional uses in the R-4 zoning district. These uses are permitted in a number of other districts as well, including the R-3 district and the Business districts. Staff believes that the uses are a good fit for the higher density districts, but it should be noted that memory care units and nursing home units do not technically count as dwelling units. The City guided approximately 13 acres as high density residential in the draft 2020-2040 Comprehensive Plan update. Allowing nursing homes and memory care units within the high density district may reduce opportunities for multi -family housing in the City. LJP Development, LLC Page 1 of 6 March 7, 2017 Comp Plan and Rezoning City Council Meeting 1'01 :/IKER IRO xisting residency, uideF R 130o courm R AD 14 Baker Park Reserve Future High Density Residential The High Density Residential land use is described in the 2010-2030 Comprehensive Plan as follows: "High Density Residential (HDR) identifies residential land uses developed between 7.0 units per acre and 30 units per acre that are served, or are intended to be served, by urban services. The primary uses will include duplexes, triplexes, town homes, apartment buildings and condominiums which should incorporate some open space or an active park. This designation is identified in areas that are generally accessible to transportation corridors and commercial uses." LJP Development, LLC Comp Plan and Rezoning Page 2 of 6 March 7, 2017 City Council Meeting The draft 2020-2040 Comprehensive Plan proposes to amend the density range of the HDR land use to 12 to 15 units per acre. As a result, the City will need to make adjustments to the zoning districts intended to implement the HDR land use. In general, staff does not have concerns with the proposed future land use change, since it is consistent with the draft Plan update. Staff does have some concern that amending individual parcels while the broader Plan update is under review may incent developers to get a similar "jump" on the process, which could lead to substantial administrative burdens. Two pending applications may show that this concern is warranted. However, the likelihood of this being common seems fairly low. Beyond the more procedural/process concern, the other question relates to the fact that the density range of the HDR land use is proposed to be changed in the draft Plan update, which would also necessitate changes to the zoning districts. If the subsequent development was proposed to be multi -family housing, determining appropriate land use regulations to apply during this duel timeframe may prove difficult. In order to alleviate this concern, staff believes it may be advisable to establish a new land use designation in the 2010-2030 Comp Plan which matches the new HDR designation in the draft 2020-2040 Plan update. The relevant zoning designation could also be adjusted in the following months while the applicant's proposed amendment is under review by neighboring jurisdictions and the Met Council. The City would ultimately need to make such an amendment following adoption of the Comp Plan update. Staff believes that the actions described above could maintain consistency between the existing Plan and draft Plan update while allowing the developer to move forward. The City has the discretion to decide that the risk to the planning process is too high and deny this request in order to allow the draft Comp Plan update process to be completed. Staff anticipates the new plan to be effective by the end of the year, so approving the interim amendment requested by the applicant it would likely allow construction one year earlier. Concept Plan Review In connection with the requested Comprehensive Plan Amendment and Rezoning, the applicant submitted a conceptual sketch which illustrates what they intend to construct upon the property. The applicant is considering a 42-unit, single story memory care facility. The applicant intends to construct 28 units in a first phase, with the potential of a 14-unit expansion. Twenty-three parking spaces are proposed to be constructed to serve the structure. As noted above, the updated HDR land use allows a density range of 12 to 15 units per acre. The subject property would, therefore, be expected to accommodate 26-31 residential units. Staff believes it is reasonable that memory care facilities and nursing homes would not be subject to the same density limitations of the HDR land use. The units are substantially smaller than apartment units. In this case, it appears that the units are approximately 288 square feet (18'x16'). Also, parking needs are lower per unit since the residents of such facilities will not be driving, even after accounting for staff and visitor parking. This difference is not explicit in the LJP Development, LLC Page 3 of 6 March 7, 2017 Comp Plan and Rezoning City Council Meeting zoning code for the R-4 district, but could be addressed when the district is updated to be consistent with the new density range. Following is a summary of the dimensional standards of the R-4 district and what is proposed by the applicant's sketch: R-4 Requirements Proposed Concept Area per Unit 3,600-6,200 s.£ per unit* 2,198 s.f. per unit Setback from Perimeter 20 feet 20 feet Street Setbacks Local Streets 40 feet 40 feet Arterial Roads 50 feet 50 feet Impervious Surface Max. 60% 54% (w/ expansion) * As staff noted above, it may be reasonable for alternative density for memory care facilities and nursing homes. Also, additional density is permitted in the R-4 district through bonuses for things such as construction which exceeds the minimum standards, providing affordable housing, and other elements. The applicant's sketch does not provide much detail on proposed building construction, but plans will be required to be consistent with City Code upon any formal application. As noted above, the applicant proposes a single -story building, which would result in a much lower profile than would generally be expected in the HDR land use. The sketch does not include a proposed landscaping plan. Staff recommends that substantial screening and planting be provided along the north of the proposed building, where an existing single-family home is located. It appears that the proposed construction will impact a number of significant trees on the site. The application will be subject to the tree preservation ordinance. The applicant proposes to construct a new street connection from Baker Park Road to the south of the subject property. This street was planned by the City when the property immediately to the south was developed. The intent is for this new street to serve the property to the east and also to loop to the south where the existing shared driveway for Holiday and the multi -tenant building is located. This loop road would provide Hennepin County the opportunity to limit left turning traffic from the shared driveway north of Holiday in order to improve safety at the intersection of Baker Park Road and Highway 12. The applicant does not propose to construct the loop at this point, as right-of-way would need to be acquired upon development of the larger site to the east. As proposed, the new street does not provide an adequate turn -around for City trucks. Staff believes the best alternative may be for the street to remain privately maintained until such time as it is extended in the future. Staff believes that a sidewalk should also be constructed along with the street connection. A future trail connection is contemplated along Baker Park Road, so the sidewalk connection could connect. The applicant will also need to extend sewer and water services from Baker Park Road to serve their facility and in connection with construction of the new street. Comments from the City Engineer and County Engineer are attached. LJP Development, LLC Page 4 of 6 March 7, 2017 Comp Plan and Rezoning City Council Meeting Review Criteria The City has the highest amount of discretion when reviewing Comprehensive Plan Amendments. Amendments should be consistent with and serve the overall vision and goals of the City. Because the City is in the midst of the 2020-2040 Plan update, it is reasonable to review the request within context of both the existing Plan and the draft Plan update. Staff has attached relevant information from both Plans. According to 825.35 of the zoning code: "[zoning] amendments shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Plan or changes in conditions in the City." In this case, if the requested Comprehensive Plan amendment is approved, the rezoning would be appropriate in order to implement the change. Planning Commission Recommendation Unless the Planning Commission and City Council are concerned that the requested amendment places undue risk on the planning process, staff recommends approval of a Comprehensive Plan amendment and rezoning. As noted above, staff would recommend that the change in land use be to a new designation which matches the density range in the 2020-2040 Plan update. Staff would also recommend that the R-4 zoning district be amended in the interim to be consistent with this range. The City would need to make this change following adoption of the Plan update. The Planning Commission held a Public Hearing on the matter at their February 13 meeting. One person spoke at the hearing, expressing concern about the change from Commercial to High Density Residential. This concern was more related to the change in use and the impact on their property than the timing of the change. The neighbor also raised various concerns with the concept plan layout which were noted by the Commission. Following the public hearing, the Commission discussed and generally did not see major concerns with moving the Comp Plan Amendment and Rezoning ahead quicker than the overall Update. The Commission unanimously recommended approval subject to the following conditions: 1) The proposed Comprehensive Plan amendment shall not be effective until reviewed by neighboring jurisdictions, approved by the Metropolitan Council, and subsequent adopted by the City Council 2) The proposed zoning amendment shall not be effective until the Comprehensive Plan amendment is adopted by the City Council following Metropolitan Council approval. 3) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Comprehensive Plan Amendment, Rezoning and other relevant documents. Potential Motion If the City Council finds the proposed Comprehensive Plan amendment is consistent with the vision and goals of the Plan, the following motion would be in order: Move to direct staff to prepare documents approving the Comprehensive Plan Amendment and Rezoning subject to the conditions recommended by the Planning Commission. LJP Development, LLC Page 5 of 6 March 7, 2017 Comp Plan and Rezoning City Council Meeting Attachments 1) Excerpt from DRAFT 2/13/2017 Planning Commission meeting 2) Comments from Three Rivers Park District 3) Comprehensive Plan Information 4) City Engineer Comments 5) Hennepin County Engineer Comments 6) Applicant Narrative 7) Applicant Concept Plan LJP Development, LLC Page 6 of 6 March 7, 2017 Comp Plan and Rezoning City Council Meeting Medina Planning Commission Excerpt from DRAFT 2/13/2017 Meeting Minutes Public Hearing — LJP Development, LLC —1432 County Road 29 — Comprehensive Plan Amendment from Commercial to High Density and Rezoning from Commercial Highway (CH) to Residential -Limited Multiple Family (R4) District Finke stated that this is sort of a similar request to the last case, but explained that this is a formal request rather than a concept. He noted that this property is proposed to be changed from the current designation of commercial to high density residential under the draft Comprehensive Plan. He stated that the applicant is requesting to construct a memory care facility which would not be permitted under the current zoning. He stated that the subject size is over two acres in size and currently holds a single-family home and detached garage, just north of the adjacent commercial building. He identified the other adjacent sites, which include a park and ride facility. He noted that the neighboring property, which currently has a home on it, is proposed to change guiding under the draft Comprehensive Plan to high density housing. He stated that the proposed use would have higher density than the high -density zoning district. He noted that a new land use designation could be established under the existing Comprehensive Plan which would match the new guides under the draft plan. He stated that nursing homes, memory care and assisted living facilities are generally permitted under the City's high density zoning district. He stated that staff recommends that the amendment is in line with the density of the draft plan rather than the existing Comprehensive Plan. He stated that while the Comprehensive Plan amendment is under review they can make an adjustment to the density to bring that item into consistency. He described the proposed phasing of the project. He provided details on the proposed access and sidewalk connections for the future public street which would allow connection to a future trail on Baker public road. He stated that the request is consistent with the direction the City is going, and generally staff does not see concerns with the request. He stated that the amendment could bring the existing Comprehensive Plan in -line with the draft update plan and the zoning density could be updated as well. He stated that staff recommends approval of the Comprehensive Plan amendment and zoning as noted in the report. Murrin asked if this application were presented under the draft Comprehensive Plan, would it be in -line with that guiding and therefore this would simply be jumping ahead. Finke stated that is correct, but noted that the question of density should be addressed. Murrin asked if this is the area that is designated for the highest density where affordable housing could be constructed. Finke confirmed that this parcel is within that area identified for high density. Murrin asked if this would impact the number for the Metropolitan Council and impact the numbers for affordable housing. Finke stated that the Metropolitan Council does not track individual development within the City. He stated that the City has done what is required to be done by the Metropolitan Council and therefore if the market does not support that type of development, that is not a problem. Barry stated that the City cannot control the pricing of properties, they can simply guide the number of units for development. He stated that the City simply has to provide the opportunity, but the developers will drive the type of development. Finke stated that nursing home and assisted living facilities do not count towards high density calculations, but the market may support that type of development. He believes that the City has met the requirement to plan property for the development of a minimum of 253 high density housing units. He 1 Medina Planning Commission Excerpt from DRAFT 2/13/2017 Meeting Minutes stated that the City has planned that property appropriately and therefore has met the requirement. He explained that what is ultimately developed on the property is not a requirement. Larry and Jennifer Palm, Plymouth residents, stated that they are present to answer any questions. Jennifer Palm noted that she has been a caregiver for her father who has Alzheimer's for the past several years and has identified a gap in memory care. She stated that the community has a need for an excellent memory care facility. She noted that the units are more of a hotel room as the residents do not require a kitchen. She advised that there would be shared spaces, such as a great room, that will encourage residents to spend time outside of their rooms. She stated that the need for this type of service is growing. Larry Palm noted that they have owned the land for some time. Murrin asked if Jennifer Palm intends to move her father to this facility once constructed. Mrs. Palm replied that it would depend on the timing. She noted that a move would be hard on her father and construction would take some time, so she is unsure that the amount of time he has left would be benefited by a move. She stated that they intend to be owner/operator but would have a medical team on - site. She stated that they would offer med-waivers for those elderly patients that run out of funds while in care. Barry asked if this would be impacted by the Wealshire development. Mrs. Palm stated that the demand continues to grow and therefore they are not concerned with the Wealshire development. She noted that although they would like approval for the full capacity, they intend to do a phased development. Mr. Palm stated that they have lived in the area for some time in both Orono and Plymouth. DesLauriers asked if there is sufficient space to allow emergency vehicle access. Finke stated that those details would be reviewed as the process moves forward. Acting Chairperson Albers opened the public hearing at 8:29 p.m. Robert Braun stated that he lives north of this property. He stated that the property was bought commercially and he was upset that the property was sold commercially. He stated that there is a 75-foot setback between residential and commercial. He stated that the property will now be 20-foot setback, which will be 25 feet from his garage and asked how property can be changed from commercial to high density residential, which changes the setback requirements. He asked what would stop this from continually happening across the City. He noted that there are some large maple trees on the subject property that will be removed as a part of this project which concerns him. He noted that if the setback was increased the trees could be saved and act as a buffer. He was also concerned with potential runoff from the subject site affecting his property. He stated that this development will have a negative impact on his property. He stated that his property is not large enough to purchase for commercial property, as it is slightly under one acre. He asked the tax rate difference between high density residential and commercial and whether that is in the best interest of the City. Albers replied that the Planning Commission does not consider tax rates. He stated that from the plan it appears that phase one will be approximately 37 feet from the property line and phase two would come out a bit more. He noted that the request tonight is just for the rezoning and Comprehensive Plan 2 Medina Planning Commission Excerpt from DRAFT 2/13/2017 Meeting Minutes amendment and more of the concerns brought forward by Mr. Braun will be able to be addressed during the site plan review. R. Reid asked the designation of Mr. Braun's property under the draft Comprehensive Plan. Finke stated that Mr. Braun's property is similarly guided to the subject site, currently commercial and proposed under the draft plan to be high density residential. Acting Chairperson Albers closed the public hearing at 8:40 p.m. Murrin stated that she likes that the applicant has a personal reason for the development, as she feels that type of development is often done very well. R. Reid stated that she is comfortable with this request as there is a demand for memory care units. She stated that the residential look will blend with the surrounding development and therefore will support the request. DesLauriers and Barry stated that they do not have any issues with the request. Barry noted that this is simply an issue of timing, similar to the last request. R. Reid asked, and received confirmation, that the applicant would like to break ground this year. Finke asked for input on whether it made sense that memory care units be subject to a different density standard then standard apartment dwellings. Albers agreed that higher density could be allowed for memory care units. Barry stated that a dwelling unit also has impacts on parking requirements, whereas memory care units do not have vehicles and therefore the parking is provided for staff and visitors and does not generate a lot of traffic. He stated that he would support higher density because it would not create a higher traffic flow. Finke noted that this item will not request action tonight, but that issue will be brought up in the future as this moves forward. Mr. Braun expressed concern with the level of lighting from the neighboring park and ride facility. Motion by Murrin, seconded by R. Reid, to recommend approval of the Comprehensive Plan Amendment from Commercial to High Density and Rezoning from Commercial Highway (CH) to Residential -Limited Multiple Family (R4) District for the property at1432 County Road 29. Motion carries unanimously. (Absent: (Rengel and White) 3 Dusty Finke From: Rexine, Ann <Ann.Rexine@threeriversparks.org> Sent: Monday, February 13, 2017 10:33 AM To: Dusty Finke Subject: LJP Development LLC I Comp Plan Amendment and Rezone Dusty, Three Rivers Park District (Park District) is in receipt of an application for a Comprehensive Plan Amendment and Rezone for property adjacent to Baker Park Reserve. The following comments are provided for inclusion as part of the Medina Planning Commission meeting February 13, 2017: • No local trail access to Baker Park Reserve from the proposed development is requested at this time. Should this be proposed, the applicant must request and discuss with the Park District for review and approval. • All stormwater drainage must be treated on -site. No run-off from the proposed development will be accepted in Baker Park Reserve. Thank you for the opportunity to comment, Ann Rexine, Principal Planner Three Rivers Park District 3000 Xenium Lane Plymouth, MN 55441 P: 763.694.1103 ann.rexine@threeriversparks.orq i 2010-2030 Comprehensive Plan Information Community Vision The following statement provides a vision of the community for the future and the resultant goals and strategies. The City of Medina Shall... Maintain its rural character in which natural infrastructure is the dominant feature while planning for new business and residential areas, where highway access is available and where the City of Loretto and neighborhood of Uptown Hamel already exist, to create a healthy, cohesive community for all ages in which to live and work. Protect natural resources and natural corridors. Residents will be able to enjoy the natural environment with planned trails and connections. Healthy living for all residents will be encouraged and supported through availability and proximity to activities such as horse -riding, bicycling and walking. Plan neighborhoods using innovative design techniques to ensure a high quality of life for residents. A diversity of housing will exist to support and promote the livability of the community. Neighborhoods will be planned in proximity to Uptown Hamel, Loretto and other urban areas as they develop and will provide walkable, pedestrian friendly accessibility. Development will be focused along the TH 55 growth corridor where more dense residential areas and businesses will be located. Community Character and Livability 1. Maintain the rural quality and small town feel of the community. Strategies: • Encourage development that preserves open spaces and creates linkages with natural areas. • Maintain the rural heritage and history of Medina. • Develop Uptown Hamel as a livable, pedestrian friendly town center within the City of Medina. • Maintain and enhance the quality of development in Uptown Hamel through the creation of design and performance standards. • Encourage a sense of community by maintaining and creating distinct neighborhoods. 2. Maintain areas of solitude and quiet that contribute to the rural character of the community. Strategies: Preserve the rural heart of the community through open space planning and low impact development. • Preserve natural areas and make them accessible where appropriate. • Develop tools to support the reduction of noise and light pollution. Chapter 2 - Vision, Goals & Strategy Adopted November 17, 2009 L Y v a MEDINA. Page 2 - 3 3. Preserve natural resources, rural vistas and rural quality of the community. Strategies: • Support open space planning as a guide for future development. • Create a land use plan that supports the preservation of natural resources and rural vistas. • Educate and encourage residents to maintain and preserve significant natural areas on their properties. • Develop a program to educate and encourage community awareness and involvement focused on preservation of natural resources and vistas throughout the City. 4. Encourage innovative and creative approaches to planning, engineering, and city governance. Strategies: • Support the development and testing of alternative solutions such as Leadership in Energy and Environmental Design (LEED) building standards and Low Impact Development (LID) to typical engineering and planning problems. • Research and use innovative planning methods including open space planning, conservation and other low impact development techniques. • Encourage methods of Low Impact Development. • Require developers to consult with staff before plans are presented and maintain open communication for problem solving between staff, decision -makers and the public to find the best solution to planning and engineering issues. • Encourage staff to monitor land planning approaches in other communities and government bodies for innovative solutions facing the City. 5. Maintain the characteristics of the community and its land through thoughtful planning. Strategies: • Create a future land use plan that is compatible with existing land use patterns. • Identify areas within the community that could benefit from innovative planning, or more study. • Identify areas that have conflicting land uses and develop solutions to mitigate current and future problems. • Develop and create safe road patterns and traffic control measures to establish safety for all modes of transportation. • Maintain the rural quality of the community despite proximity to the Twin Cities and adjacent suburban areas. Chapter 2 - Vision, Goals & Strategy Adopted November 17, 2009 MEl]Ill�'A Page 2 - 4 Land Use and Growth Goals 1. Manage and support planned, compact orderly growth in designated areas. Strategies: • Create a staging plan to support well -planned and orderly growth within the designated growth areas. • Identify areas to support higher density opportunities. • Use existing land use plans to help guide consistent development throughout the community. • Preserve and respect existing character and development, while accommodating and serving new development in an environmentally friendly and economically sustainable way. • Encourage growth in areas with proximity to infrastructure, including transportation corridors, water, wastewater and community facilities. • Work with developers to create neighborhoods and development that support the staging and land use plan. 2. Maintain a diversity of land uses that allows for the preservation of rural and agricultural lands. Strategies: • Prepare a flexible land use plan that encourages rural and agricultural lands while allocating areas for more intense development. • Prepare and adopt a land use plan that designates compatible land uses to minimize conflicts as development occurs. • Require transitions between rural and more urban areas through zoning and other performance standards. 3. Support the development of a land use plan that responds to regional growth strategies while maintaining the rural character and vision of the community. Strategies: • Create a land use plan that considers adjacent land uses of neighboring communities. • Work with adjacent communities to identify areas of linkage, particularly those areas where natural resources and open space connections can be made. • Identify regional growth strategies to determine areas that can support and enhance such strategies and goals. Chapter 2 - Vision, Goals & Strategy Adopted November 17, 2009 L Y Y O MEDINA. Page 2 - 5 4. Encourage innovative, environmentally friendly development in all growth areas to promote a sustainable land use pattern. Strategies: • Identify areas that are suitable for innovative and conservation development. • Support open space planning and use it to develop tools and techniques to support conservation development and other low impact development alternatives. • Work with land owners, developers and stakeholders to identify land that can contribute to green corridors, trails and storm water management areas. 5. Enhance and update the zoning ordinance to support the goals and visions of the community. Strategies: • Develop land use and zoning ordinance categories that directly respond to the natural resources in the City. • Utilize county, state or federal programs to encourage retention of the natural features within the City. Neighborhood Pattern and Housing Goals 1. Provide a diversity of housing at a range of values to support a sustainable community. Strategies: • Encourage developments to include a variety of housing types including single family and multifamily. • Provide housing options that workers in Medina can afford. • Work closely with local lenders, builders and other organizations to help Medina meet the housing goals related to workforce housing options. • Explore zoning methods that allow neighborhoods with mixed housing types and other appropriate uses within residential areas. • Create and maintain a level of affordability options in the community's housing stock. • Create ordinances that support well designed and maintained housing at all levels. • Encourage development of neighborhoods compatible with adjacent land uses. Chapter 2 - Vision, Goals & Strategy Adopted November 17, 2009 MEl]Ill�'A Page 2 - 6 2. Maintain and enhance diverse neighborhood patterns conducive to residence, work and leisure. Strategies: • Encourage methods of subdivision design to protect and enhance environmental features in rural residential areas. • Maintain a road system designed to accommodate Medina residents in a manner consistent with identified goals and strategies. • Create and strengthen the appearance of City gateways and key transportation corridors through street scaping, design standards, zoning, trails, lighting, sidewalks, signage, and other tools. • Develop and enforce design, performance, development and site planning standards, incentives and resources to ensure quality development. • Encourage development to provide a variety of housing types within a single development. • Create a high quality neighborhood environment in every development. • Update the zoning ordinances and other development standards for consistency with the housing goals defined in this plan. 3. Promote increased density along the development corridor including compact, walkable neighborhoods in proximity to Uptown Hamel. Strategies: • Encourage the integration of multi -modal access including parking, sidewalks, bike paths and pedestrian crossings within new developments. • Enhance and maintain Uptown Hamel design standards that support a livable, pedestrian friendly community. • Allow mixed -use development within Uptown Hamel. • Ensure that residential neighborhoods have adequate access to parks and trails and that parks and green space are integrated into the Uptown Hamel development areas. • Encourage higher density development along Hamel Road east of County Road 115 (locally known as Pinto Drive) to help define the area as a pedestrian friendly, attractive urban area for residents and businesses. • Create linkages between neighborhoods, parks and businesses within Uptown Hamel to promote the walkable character of the area. • Encourage a retail center in the development corridor to provide shopping and work opportunities to residents. • Maintain commercial development at the intersection of TH 55 and CR-19. Chapter 2 - Vision, Goals & Strategy Adopted November 17, 2009 L Y Y O MEDINA. Page 2 - 7 Future General Land Use Policy Direction The City continues to be primarily a rural community with opportunities for agricultural uses, commercial and residential development and open spaces. These factors will continue to guide development but will also include opportunities for diversification of land uses not presently found in the community. The City has guided future development and increased density along the TH 55 corridor to help encourage sustainable land use patterns. Sustainability principles include proximity to existing transportation systems and available infrastructure without leap -frogging into areas not currently served by urban services. The majority of growth and development will be located in the areas with urban services to maintain the rural character of the community and to use the infrastructure. The Future Land Use Plan is primarily an extension of the 2020 Comprehensive Plan area. The areas guided for future development are within the 2000 service areas but phasing and available land has been adjusted to reflect recent experience, growth and population projections. Although the proposed plan is consistent with the 2000 Comprehensive Plan, changes occur within the specific land use designations. General Land Use Development Policies: 1. The Future Land Use Plan guides future development to strengthen, enhance, and protect the City's rural character and natural environment. 2. Medina recognizes the historical development pattern as a framework for the City's future land use policy. 3. Medina will guide growth in compact efficient locations to preserve open space and the rural heart of the community. 4. The Planning Commission and Council will review each development proposal to ensure consistency with the City's Comprehensive Plan. 5. The staging plan will be referenced for all future development plans in the growth corridor and shall guide future land use decisions to ensure availability and adequacy of services. 6. Medina will encourage commercial and business development to locate along the TH 55 corridor and retail and service opportunities to locate in mixed -use areas. 7. Developments will be required to provide buffers between incompatible land uses and will be required to provide landscaping, berms, or other screening methods to ensure the integrity of neighborhoods. 8. Ecologically significant natural areas will be protected using conservation easements and other open space tools as identified in the Open Space Report. Chapter 5 - Land Use & Growth Amended May 21, 2013 (CPA2030-4) G Y V c MEDINA Page 5- 5 Future Land Use Plan Principles The Plan guides the development of Medina through 2030, and will be used to implement the City's goals, strategies and policies. The purpose of the Plan is to create a community with the following characteristics: • A well integrated and preserved natural resources and open space system focused on maintaining the rural heart of the community. • Housing diversity and options within the community including rural, suburban and urban densities with the most compact development guided along the TH 55 transportation corridor. • Opportunities for business and commercial development along major transportation corridors and intersections. • An efficient, safe transportation system. • Support of active living opportunities such as a well planned parks and trails systems that are accessible to all residents. Four physical land use elements affect the overall character of the community: 1. Suburban and rural development patterns and neighborhood form; 2. Major road patterns; 3. Open spaces and natural resources; and 4. Commercial and business development. The relationship of these elements will impact the transportation system and community facilities and may need review as a result of increased development. Development Patterns and Neighborhood Form • Encourage open spaces, parks and trails in all neighborhood development. The survey indicated that a high quality of life is found when residents have visual access to green spaces. • Create neighborhoods with a variety of housing types that are well connected with roads, trails or sidewalks. • Maintain the integrity of rural neighborhoods and promote development patterns consistent with existing rural residential development. • Recognize neighborhood characteristics and promote new development compatible in scale, architectural quality and style with existing neighborhoods. • Guide density to areas with proximity to existing infrastructure and future infrastructure availability. • Concentrate higher density development near service oriented businesses to help promote walkability. Chapter 5 - Land Use & Growth Amended May 21, 2013 (CPA2030-4) G 7 V a IVIEDINA Page 5- 6 Road Patterns • Encourage development near existing roads and transportation intersections to ensure efficiencies within the system. • Connect existing neighborhoods with infill neighborhoods to ensure safety through increased access. • Establish collector streets with good connections through the community's growth areas. • Promote trails and sidewalk access near roads and thoroughfares to encourage multi - modal transportation choices. Open Spaces and Natural Resources • Preserve natural resources throughout the community and provide educational opportunities to residents to help them understand the value of natural areas. • Preserve open spaces and natural resources. • Support the guidelines identified in the Open Space Report to preserve the City's natural systems. Business Districts and Commercial Areas • Focus service businesses and development near urban residential densities and along the TH 55 corridor and CR 101 and CR 19. • Guide commercial development to areas along key transportation corridors, primarily TH 55. • Promote businesses within mixed -use areas. • Work to create job opportunities in the community for Medina residents to reduce traffic and commuting demands. Chapter 5 - Land Use & Growth Amended May 21, 2013 (CPA2030-4) 7 Y O c MEDINA Page 5- 7 HIGHWAY 55 Corcoran COUNTY ROAD 11 CHIPPEWA Spurzem Half Moon Independence OUNTY ROAD 24 ndence Peter IIM MORN GSI Orono CHIPP CHESTNUT olsfe NAVAJO r-f f _ MEDIN I I COUNTY ROAD 2ft- HACKAMORE CHEYENNE \ — Holy Name Miles 0 0.25 0.5 1 Map 5-2 MEDINA Future Land Use Plan r Guide Plan Rural Residential Agriculture Developing -Post 2030 Low Density Res 2.0 - 3.49 U/A Medium Density Res 3.5 - 6.99 U/A High Density Res 7 - 30 U/A Mixed Use 3.5 - 6.99 U/A Mixed Use - Business 7 - 45 U/A Commercial General Business Industrial Business Private Recreation (PREC) Parks and Recreation P-R - State or Regional Open Space Public Semi -Public 0 U/A Closed Sanitary Landfill Right -of -Way *This map is not perfectly precise. Actual boundaries may vary, and should be field verified. Last Amended: May 21, 2013 (CPA 2030-4) Adopted: November 17, 2009 UTM, Zone 15N, NAD 83 Scale: 1:30,000 2020-2040 Comprehensive Plan Information Chapter 2: VISION & COMMUNITY GOALS The Vision and Community Goals chapter is the heart of the Comprehensive Plan and provides the foundation from which City officials make consistent and supporting land use decisions. This chapter includes a set of general community goals that guided the creation of this Plan. The concepts in this chapter are some of the few static elements of the Comprehensive Plan. If land uses change or other infrastructure varies from the Plan, decisions will be founded in the goals set forth below. The Vision and Goals were created with the involvement of the Comprehensive Plan Steering Committee (the "Steering Committee"), City officials, and residents of Medina and are broadly supported. Land use designations are subject to strong social and economic pressures to change. Accordingly, it is appropriate that such systems be periodically evaluated in light of changing social and economic conditions. As development evolves, the Vision and Goals will provide the guidance for accomplishing the vision for the future of the community even when changes are necessary to the land use plan. Detailed objectives and recommendations are contained within each of the subject chapters of this plan. Creating the Vision and Goals The residents, the Steering Committee, City officials and staff participated in the planning process for the Plan. A series of public participation meetings were conducted to introduce and solicit information from the residents of Medina. The Steering Committee held work sessions that focused on integrating the concerns and desires of the community together with accommodating growth and regional impacts. An online forum provided additional opportunity for residents to impact the Vision and Community Goals as they were formulated. In addition to land use and growth planning, the City implemented open space, natural resources, and infrastructure planning. The goals which guided this process are integrated into this chapter. Each element of this plan was developed with assistance from city officials and a diverse group of community stakeholders producing a truly representative plan. The City made a conscious decision to emphasize natural resources and open space conservation. Community Vision The following statement provides a vision of the community for the future and the resultant goals and strategies. Medina is a community united by a common goal: to sustain and enhance the quality of life of its residents. Medina will protect its significant natural resources and open space throughout the City, while honoring its rural heritage and fostering safe and well - Chapter 2 - Vision and Community Goals DRAFT - February 7, 2017 IVIEDINA Page 2-1 designed neighborhoods, places of recreation and destinations for citizens to gather. Development within the City will be commensurate with available transportation systems, municipal services and school capacity. Community Goals The following Community Goals are derived from the Vision Statement and inform objectives and strategies throughout the various aspects of the Comprehensive Plan. Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote the rural character of Medina. Protect and enhance the environment and natural resources throughout the community. Encourage and incent innovative and environmentally friendly approaches to planning, engineering and development. Expand urban services only as necessary to accommodate regionally forecasted residential growth, desired business opportunities and achievement of other Community Goals. Such development and growth shall be at a sustainable pace proportionate with capacity of schools and transportation, water supply and wastewater infrastructure available to the City. Spread development so that it is not geographically concentrated during particular timeframes. Promote public and private gathering places and civic events that serve the entire community. Preserve and expand trails and parks to provide community recreational facilities, connect neighborhoods, and encourage healthy lifestyles of its residents. Provide opportunities for a diversity of housing at a range of costs to support residents at all stages of their lives. Encourage an attractive, vibrant business community that complements the residential areas of the City. Maintain its commitment to public safety through support of the City's police department and coordination with its contracted volunteer fire departments. Manage the City through prudent budgeting processes, retaining a skilled and efficient staff and long-range planning and financial management. Chapter 2 - Vision and Community Goals DRAFT - February 7, 2017 f. T Y 6 fi 1VI EDI NAB Page 2 - 2 representative portions of its history. The City previously worked with the West Hennepin Pioneer Museum to restore the Wolsfeld Family cabin which was originally built in 1856. It is thought to be one of the original homes in Medina. The City further commits to providing the following general guidelines related to historical preservation: • Partner with organizations that want to preserve historically significant areas, landmarks, and buildings in Medina; • Modify zoning regulations as necessary to help preserve areas that may be historically significant. Future General Land Use Policy Direction As described in the Vision Statement, the City of Medina strives to promote and protect its open spaces and natural environment. The City has historically been, and intends to continue to be, primarily a rural community. The City has planned for a limited amount of future development consistent with regional forecast and consistent with Community Goals. Future Land Use Plan Principles The Future Land Use Plan guides the development of Medina through 2040, and will be used to implement the City's goals, strategies and policies. The Plan is guided by the Vision and Community Goals as furthered by the following principles: Development Patterns and Neighborhood Form • Encourage open spaces, parks and trails in all neighborhood developments. The survey indicated that a high quality of life is found when residents have visual access to green spaces. • Create neighborhoods with a variety of housing types that are well connected with roads, trails or sidewalks. • Maintain the integrity of rural neighborhoods and promote development patterns consistent with existing rural residential development. • Recognize neighborhood characteristics and promote new development compatible in scale, architectural quality and style with existing neighborhoods. • Stage residential growth to minimize the amount of adjacent developments which occur within the same time period. • Guide density to areas with proximity to existing infrastructure and future infrastructure availability. • Concentrate higher density development near service oriented businesses to help promote walkability. • Consider planned development in surrounding communities when making land use decisions in the City. Road Patterns • Recognize regional highway capacity and planned improvements, along with use forecasts, as major factors in planning for growth and land use changes. • Establish collector streets with good connections through the community's growth Chapter 5 - Land Use & Growth DRAFT - February 7, 2017 L Y y Q 4. MEDINA Page 5- 4 areas. • Promote trails and sidewalk access near roads and thoroughfares to encourage multi - modal transportation choices. • Consider opportunities to improve north -south travel within the City. Open Spaces and Natural Resources • Preserve natural resources throughout the community and provide educational opportunities to residents to help them understand the value of natural areas. • Preserve open spaces and natural resources. • Protect wooded areas and encourage improvement of existing resources and reforestation. Evaluate existing woodland protections and supplement as necessary. • Support the guidelines identified in the Open Space Report to preserve the City's natural systems. Business Districts and Commercial Areas • Focus service businesses and development near urban residential densities and along primary transportation corridors. • Provide connections between residents and commercial areas and promote businesses within mixed -use areas. • Work to create job opportunities in the community for Medina residents to reduce traffic and commuting demands. • Emphasize service and retail uses which serve the needs of the local community and provide opportunities for the community to gather. • Support business development with a corporate campus style which provides open spaces and protects natural resources. Chapter 5 - Land Use & Growth DRAFT - February 7, 2017 Y' Y M EDII''1[A Page 5- 5 MEDINA Map 5-2 Future Land Use Plan DRAFT 1 /31 /2017 Legend Future Land Use Rural Residential - Agricultural Future Development Area Low Density Residential Medium Density Residential - High Density Residential Mixed Residential Uptown Hamel Commercial Business Rural Commercial Institutional Private Recreational Park, Recreational, and Open Space Closed Sanitary Landfill A Map Date: January 31, 2017 0 0.25 0.5 1 Miles 1 WSB 701 Xenia Avenue South I Suite 300 I Minneapolis, MN 55416 I (763) 541-480011 January 30, 2017 Mr. Dusty Finke Planner City of Medina 2052 County Road 24 Medina, MN 55340-9790 Re: Medina Memory Care Facility — Engineering Review City Project No. LR-17-195 WSB Project No. 03433-200 Dear Mr. Finke: We have reviewed The Medina Memory Care Facility application and plans dated January 12, 2017. The applicant proposes to construct a single story senior living facility with roughly 30 individual units (with a future addition adding 12 more) with a gross area of 20,000 square feet located at 1432 County Road 29. The documents were reviewed for general conformance with the City of Medina's general engineering standards and Stormwater Design Manual. We have the following comments with regards to engineering and stormwater management matters. Site Plan 1. The City's comprehensive trail plan shows a future trail extension along CSAH 29. The applicant may need to provide additional right of way, easements, and/or construct a trail or sidewalk as a part of the improvements. 2. Any work within Hennepin County right of way will require a permit. The applicant shall also meet the requirements of the County's plat review committee. 3. The proposed public roadway as proposed is not acceptable as a public street due to an inadequate turn -around at the dead-end. The City may allow the applicant to construct this as a private roadway with the understanding that when future development occurs to the east, the public right of way will be dedicated to the City. Utilities 4. The City of Medina's sanitary sewer system serves the existing retail site to the south. Show where the proposed connection points to the existing system on future plan submittals and verify the existing pipe location/size or manhole inverts. Easements may be required by the City to encompass all or a portion of the sewer into the site. 5. Sizing, connection points, and manhole locations of the proposed sanitary sewer shall be made in consideration of both the proposed site improvements and future development to the east. Building a legacy — your legacy. Equal Opportunity Employer I wsbeng.como Medina Memory Care Facility — Engineering Review January 30, 2017 Page 2 6. The City Maple Plain's water system currently serves the existing retail site to the south. Show the proposed connection points to the existing system on future plan submittals and verify the size and type of watermain. The final design shall meet all City of Maple Plain watermain design standards. Confirm whether or not a permit from the City of Maple Plain will be required. 7. Watermain will be required along the entire length of the proposed public roadway up to the adjacent property to the east and shall be sized to meet the capacity needs for fully developed conditions for the area or a minimum diameter of 8-inches, whichever is larger. Show a stub to the north lot line for future extension to the north. Easements may be required to encompass all or a portion of the proposed water system within the site. 8. The applicant should provide evidence that adequate water pressure and fire flow capacity will be available for the proposed structures served by City water. Show hydrant locations on future submittals. 9. A 30' drainage and utility easement exists on southwest portion of site, utilize to the greatest extent possible with the proposed water and sewer infrastructure. Traffic & Intersections 10. The future access to CSAH 29 will be controlled by Hennepin County. As indicated in the narrative, full access to the proposed Medina Memory Care Facility site and existing retail site will be combined into one location between the existing retail and the proposed site at some point in the future. The existing shared access to the retail site and Holiday will remain open with the proposed development. However, the access will need to be converted to a right-in/right-out in the future when development to the east is proposed, in accordance with Hennepin County requirements. 11. A 30 unit Senior Care facility would generate approximately 109 daily trips, 6 AM peak hour and 8 PM peak hour trips, and would not trigger the need for turn lane improvements on CSAH 29. However, with the future concentration of traffic at the single access point and considering future development potential in this location, left and right turn lanes should be provided along CSAH 29. At minimum, the applicant shall provide the necessary right of way along the CSAH 29 to accommodate the requisite number of turn lanes. 12. The proposed public street connecting to CSAH 29 should be designed to accommodate two lanes exiting (one left and one right lane) and one lane entering. 13. A detailed Traffic Study should be completed with assumptions of all future development, to determine the length of the turn lanes to be constructed on the proposed public road in order to accommodate the proposed development as well as the future development to the east. Stormwater Management 14. The development will need to meet the City's infiltration requirement, which can be met by reusing stormwater from the proposed ponds for irrigation. 15. The development is located within the Minnehaha Creek Watershed District (MCWD) and will need to meet the appropriate standards for this type of development and disturbance level. 16. The project site of 2.12 acres will need to meet the requirements for a Major Expansion Project. Provide a stormwater management plan and modelling calculations in accordance Medina Memory Care Facility — Engineering Review January 30, 2017 Page 3 with City requirements with future submittals. No building or grading permit will be issued until a satisfactory stormwater management plan has been approved by the City. 17. The City's freeboard standard requires at least 2 feet of vertical separation between a stormwater ponding emergency overflow and the lowest exposed opening of any proposed structure onsite. 18. Show the storm sewer discharge points from the site and how that will be incorporated into the existing retail site to the south and future development to the east. 19. The concept plan did not provide specific contouring of the proposed pond area(s); provide site/pond contouring with future submittals. During the 100-year rainfall event, the HWL elevation must be at least 1' below the existing roadway shoulder edge and the wetted perimeter fully encompassed within the site. Future expansion to CSAH 29 shall be taken into consideration with the proposed design. Please contact me at 763-287-8532 if you have any questions. Sincerely, WSB & Associates, Inc. Jim Stremel, P.E. City Engineer Dusty Finke From: Jason D Gottfried <Jason.Gottfried@hennepin.us> Sent: Monday, January 23, 2017 8:41 AM To: Dusty Finke Cc: mark@terra-mark.com; Kelly.Grissman@threeriversparks.org; Robert H. Byers; Sherman, Tod (DOT) Subject: RE: 1432 Co. Rd. 29 Comp Plan and Rezoning LR-17-195 Attachments: 1432 CSAH 29.pdf Hello Dusty, The plat review committee discussed the Comp Plan Amendment and Rezoning proposal for 1432 County Road 29 on Tuesday, January 17`" and have made the following comments for consideration by this project moving forward: • There have been a number of discussions over the years regarding the configuration of access along CSAH 29 in this area, notably the Park Commons development to the south in 2005-2006. As previously discussed, we envision the long-term future of CSAH 29 between US 12 and CSAH 19 (Main Street) most likely as a 3-lane urban section with storm drains. • Upon the completion of the planned internal loop road, a median would be constructed north of the intersection with US 12 to limit access to right-in/right-out at the holiday station/retail center. • With a Baker Park trail head only % mile to the north it would be highly desired to include a sidewalk if not an off -road trail connection along this section as well. Furthermore, with the Three Rivers Park boundary immediately surrounding this property, the developer may want to work with Three Rivers Parks personnel to establish an internal connection to the trail system. • In order to accommodate an eventual 3-lane section with trail, we would likely be seeking a 17 foot dedication in order to accomplish a 50 foot half section here. • This development may also want to consider regrading the surface up to CSAH 29, and removing the curb to put in a ditch grading it into their pond (under a permit). We can work with the necessary parties on the best approach here as the development moves forward. Thank you for your consideration, Jason Jason Gottfried Senior Planning Analyst Hennepin County Office: 612-596-0394 Email: Jason.Gottfried@hennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340-3410 From: dusty.finke@ci.medina.mn.us Sent: Friday, January 13, 2017 3:04 PM To: Scott Johnson <Scott.Johnson@ci.medina.mn.us>; Steve Scherer <Steve.Scherer@ci.medina.mn.us>; Debra Peterson <Debra@ci.medina.mn.us>; Batty, Ronald H. (rbatty@Kennedy-Graven.com) <rbatty@Kennedy-Graven.com>; Jim Stremel (JStremel@wsbeng.com) <JStremel@wsbeng.com>; Jason D Gottfried <Jason.Gottfried@hennepin.us>; i MEMORANDUM 1000 Twelve Oaks Center Drive Suite 200 Wayzata, MN 55391 Tel 952.426.7400 Fax 952.426.7440 www.mohagenhansen.com Date: January 12, 2017 Memo To: City of Medina From: Steve Oliver Mohagen Hansen Architecture I Interiors Project: Medina Memory Care Project No.: MH Project No. 16400.0ACE IVI ' MOHAGEN HANSEN Architecture Interiors Rezoning and Comprehensive Plan Amendment Request - Project Narrative and Overview Applicant Information Developer: LJP Development, LLC, 16620 57th Avenue North, Plymouth, MN 55446 Contact: Larry Palm, 612-919-3953, palml@aceelectrical.net Jennifer Palm, 952-201-9916, palmi@aceelectrical.net Property Information Property ID: 3011823220004 Property Address: 1432 County Road 29, Medina, MN 55359 Owner: Granite Investments, LLC (Ace Properties LLC 5465 State Highway No. 169, Plymouth, MN 55442) Property Size: 2.12 Acres Application Request Comp Plan Amendment: Request to change guided use from Commercial to High Density Residential. Zoning Amendment/Rezoning: Request to rezoning from Commercial CH to Residential R-4. The applicant has reviewed the project with staff and it was made apparent that the ideal zoning for the proposed project — a memory care facility — is R-4. While other options were considered, such as rezoning from CH to Business B, but the B category is limited in applicability for this project type, including specifically the minimum lot size required. It was deemed that rezoning to R-4 is really the best fit. The challenge with rezoning to R-4, which is a High Density Residential classification, is that the comprehensive plan currently shows the subject property to be guided as Commercial. Rezoning to R-4 would therefore be in conflict with its guided use, at least in the short term. It is the applicant's understanding that the city is in the process of reworking the comprehensive plan in keeping with Met Council requirements and intends to revise the guided use for this parcel, and the neighboring parcel, to High Density Residential, which would be in keeping with the intent of this project. The intent of the city is also to reduce the density range from the current 7 to 30 units per acre down to 12- MOHAGEN HANSEN Architecture Interiors Memorandum January 13, 2017 Medina Memory Care — Rezoning and Comp Plan Amendment Request Page 2 of 3 15 units per acre. As proposed, the development would result in 19.8 units per acre which would fall within the guidelines of the current High Density Residentail category. From an intensity of use standpoint, 19.8 units per acre of memory care is substantially less intense than 19.8 units per acre of multi -family apartments. So, in considering how this request and the development plan align with the future guide plan, the proposed density would not create a more intense use as parking demands and trips in and out of the site by residents will be extremenly low (residents are not drivers or vehicle owners). Parking demand and vehicle traffic for the proposed housing type will be minimal compared to 42 units of standard apartment housing. In the case of an apartment building, it would not be uncommon to have 2 to 4 residents per unit, depending on unit type. That is not the case with this project as each of the units is essentially a private bedroom with a private bathroom, so occupany will be 1:1 for the most part. The applicant believes that, although the rezoning would be in conflict with the current comp plan, the long term intent of the comp plan would be satisfied, including the density objectives, thereby justifying the rezoning in the near term. Project Description The proposed project involves a new single story senior living facility intended to provide supportive care services for residents with memory deficits. Phase 1 of the project would entail the construction of roughly 28 to 30 individual resident units or rooms along with the support spaces to serve those residents — dining room, commercial kitchen, living and recreation spaces, staff and care team spaces, etc. The project would be similar in nature to the Beehive project in Excelsior, Minnesota. Phase two of the project would involve the addition of another 12 resident units and related support and living spaces. The facility is expected to be approximately 20,000 gross square feet in size. The facility will offer units under the Elderly Waiver program of the State of Minnesota, thereby contributing to the city's offering of affordable housing units. Site The existing 2.12 acre site has been a residential property in recent history and the smaller site to the north is also a residential property at this time. The property to the south was redeveloped by this applicant in 2008, creating the small retail building that is there today. At the time the retail building was developed, Hennepin County took additional right of way along the east side of County Road 29, making the retail parcel smaller by roughly 7 feet. It is expected that the same "taking" on the part of the County will be required for the subject property and the current site plan reflects that adjustment. Additionally, in 2008, the County wanted to develop a long term plan to modify access to the retail site and to the Holiday Station to the south. In that redesign, the county intends to discontinue the full access condition between the retail site and the Holiday Station, requiring a loop road to be developed around the east and north sides of the retail site. The existing access south of the retail site would be converted to a right -in -right -out only condition. This project proposes to install the north leg of that loop road, only in so far as is required to serve the subject property. It is expected that the east section of the loop road, behind the retail site, would be constructed as such time as the larger propert to the east is developed, not as part MOHAGEN HANSEN Architecture Interiors Memorandum January 13, 2017 Medina Memory Care — Rezoning and Comp Plan Amendment Request Page 3 of 3 of this project. As proposed, all access to the subject property will come off of the new public road in keeping with the County's long-range plan. It is understood that the setback to any built item (building or paving) is 50 feet from County Road 29 and that the setback to a building from the new public road will be 40 feet, while the setback to parking there will be 20'. Other setbacks on interior side and rear lot lines is 20' to any built improvements. Per the zoning ordinance for the R-4 use, the following additional requirements or limitations apply: 1. A Conditional Use Permit will be required. 2. Unit density must be between 7 and 30 units per acre, or 12-15 units per acre, if the reduction is adopted. 19.8 units/acre is proposed. 3. Buffer yards are not required. 4. R-4 design standards will apply. 5. The maximum impervious material allowed is 60% of the site area. Parking In the R-4 district, high density residential uses are required to have enclosed parking for residents. In this case, the resident mix is such that residents will not be drivers or vehicle owners, therefore, no enclosed parking is proposed. Per review with staff, surface parking will be provided for visitors plus one stall for every staff member on the largest shift. Visitor parking is proposed at a rate of 1 per 4 units. We believe the parking needs for the project are reasonably satisfied as proposed and offer the following parking summary as support: Parking Demands: Memory Care Phase 1 Staff Residents Memory Care Phase 2 Staff Residents Qty. 10 28 Factor 1:1 1:4 Stalls Provided 10 7 2 1:1 2 14 1:4 4 Total Parking Demand: 23 Total Stalls Provided: 23 Development Timeframe It is expected, following a positive outcome with the zoning and comp plan amendment application, that the applicant will continue project development approvals with a full development review application at the earliest possible opportunity. The objective is to get all project approvals in place to be able to start construction as soon as possible in the spring. K:\JOBS\Medina Memory Care 16400\01_Admin\Code\16400_MMC_ Narrative_011217.docx MOHAGEN HANSEN Architecture Interiors " " ":; 1, ', �kr . e 6Z CIVOH AINno3 ' lik41 I ' 1!9 LI_ bi - PrIo. 0 20' 40' SCALE: 1" = 40' 80' EXISTING TOPOGRAPHY MEDINA, MN January 13, 2017 MEDINA MEMORY CARE MOHAGEN HANSEN Architocturo Interiors i 0` N I. V So NI 1 • • • II OD 7.-4 ....6 lips t �omse 14 t.APAT eXPO4CON 11 1- L. _-1 NEW igtiOUG ACMD IferrArL 6i16 us re 31 11 AKeept,. Pf►tlg. A0septa << a tRT \ L....1.. limENNEININMIXIM111 II •u), ZO PM% I .2e ual`t% POO** Z: 14 uN tt5 'WMt• : 4t u14LIM - -7-7:1 1 404 1. I. O. 0 20' 40' SCALE: 1" = 40' 80' SITE CONCEPT MEDINA, MN January 12, 2017 MEDINA MEMORY CARE I I II II MOHAGEN HANSEN Architocturo Interiors MATERIAL/ACCENTS LANDSCAPE COLOR/TEXTURE DETAIL PORCHES GABLES HOME EXTERIOR PRECEDENT IMAGES MEDINA, MN January 13, 2017 MEDINA MEMORY CARE MOHAGEN HANSEN Architocturo Interiors 3/2/2017 Predatory Offenders Presented by: Andrew Biggerstaff, Attorney Kennedy & Graven, Chartered Predatory Offender Status Eligible Criminal Activity — More than Sex Crimes Murder Kidnapping Criminal Sexual Conduct Indecent Exposure Criminal Abuse Solicitation Inducement Promotion of the prostitution of a minor Engaging in sex trafficking Other similar crimes in other jurisdictions (e.g. regardless of the name of the offense) 1 3/2/2017 Registration Procedures Who must register? Anyone convicted of a qualifying offense — No relationship to offense "level" (i.e. Level III Offender) Registration is also not tied directly to community notification Registration Procedure Offender must notify with their corrections agent or local law enforcement responsible for the jurisdiction of their primary address 5 days PRIOR to establishing a new primary address. Minn. Stat. 243.166 Notice must be written and must be given in person Special rules for persons who lack a permanent address What does registration include? Registration MUST include: The person's primary address; All of the person's secondary addresses in Minnesota, including those used for residential or recreational purposes (e.g., cabins, campsites, etc.); The addresses of all Minnesota property owned, leased, or rented by the person; The address of all locations where the person is employed; The addresses of all schools where the person is enrolled; and The year, make, model, license plate number, and color of all motor vehicles owned or regularly driven by the person. Minn. Stat. 243.166, sub. 4a. 2 3/2/2017 Failure to Register? "A person required to register under this section who knowingly violates any of its provisions or intentionally provides false information to a corrections agent, law enforcement authority, or the bureau is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. Registration Period Typically, individuals required to register must continue to register Until 10 years has elapsed since the person initially registered in connection with the offense, or until the probation, supervised release, or conditional release period expires, whichever occurs later. Additionally convictions, including for failure to register, may increase the length of registration 3 3/2/2017 Data Related to Registered Offenders Under the Minnesota Government Data Practices Act, the data provided under the Registration Act is private data on individuals and must be treated accordingly. Lawful use of the data includes: Use by law enforcement and corrections agencies for law enforcement and corrections purposes, including the disclosure of information to a child protection worker with a local welfare agency for purposes of doing a family assessment under state law; Information related to certain offenders who are 16 years of age or older who are not in compliance with registration requirements may be released to the public , but such information is limited to the information necessary to assist the public in locating the offender Given the sensitive nature of this information, city officials should closely consult with the City Attorney before releasing any data received or maintained pursuant to the predatory offender registration statute. Why Does it Matter? Common Misconception that registration requirement is directly linked to status as a "Level Offender" However, level designation is a function of the Community Notification Act, not the Predatory Offender Registration statute While the two are related, they are unique sets of law that must be considered individually 4 3/2/2017 Community Notification Act ® Minnesota Statutes, Section 244.052 Law required the department of corrections to establish a rise assessment scale which assigns weight to the various risk factors located in state law. Risk assessment must occur near the end -of -confinement for each person who is a "predatory offender," which is any person who must register as a predatory offender Status as a mandatory registrant triggers need for Risk Assessment and level assignment Risk Factors Considered Risk factors outlined in state law that must be considered by the assessment board include, but are not limited to: The seriousness of the offense should the offender reoffend, which includes a consideration of The degree of likely force or harm; The degree of likely physical contact; and The age of the likely victim The offender's prior offense history, including The relationship of the prior victim(s); The number of prior offenses; The duration of the offender's prior offense history; The length of time since the last prior offense while the offender was at risk to commit offenses; and The offender's prior history of anti -social acts 5 3/2/2017 Risk Factors Considered (cont.) The offenders characteristics, including The offender's response to prior treatment efforts; and The offender's history of substance abuse The availability of community supports to the offender, including The availability and likelihood that the offender will be involved in therapeutic treatment; The availability of residential supports to the offender, such as stable and supervised living arrangements in an appropriate location; The offender's familial and social relationships, including the nature and length of these relationships and the level of support that the offender may receive from these persons; and the offender's lack of education or employment stability Risk Factors Considered (cont.) whether the offender has indicated or credible evidence in the record indicates that the offender will reoffend if released into the community; and whether the offender demonstrates a physical condition that minimizes the risk of re -offense, including but not limited to, advanced age or a debilitating illness or physical condition Different rules apply for offenders which are found in this state that were sentenced elsewhere, and the City must work with the department of corrections to determine what type of notification may be allowed 6 3/2/2017 Level Designation After considering all of the factors relevant to the Committee's inquiry, the Committee must assign a risk level to each offender Level I — risk assessment score indicates a low risk of re - offense Level II - risk assessment score indicates a moderate risk of re - offense Level III - risk assessment score indicates a high risk of re - offense Community Notification The type of information that may or must be disclosed to the public is outlined in state law, and it is directly tied to an offender's risk level designation Similar to data maintained for registration purposes, the City should consult with the City Attorney in determining what type of information may or must be shared with the public 7 3/2/2017 Level I Notification if the offender is assigned to risk level I, the agency may maintain information regarding the offender within the agency and may disclose it to other law enforcement agencies. Additionally, the agency may disclose the information to any victims of or witnesses to the offense committed by the offender. The agency shall disclose the information to victims of the offense committed by the offender who have requested disclosure and to adult members of the offender's immediate household; Level II Notification if the offender is assigned to risk level II, the agency also may disclose the information to agencies and groups that the offender is likely to encounter for the purpose of securing those institutions and protecting individuals in their care while they are on or near the premises of the institution. These agencies and groups include the staff members of public and private educational institutions, day care establishments, and establishments and organizations that primarily serve individuals likely to be victimized by the offender. The agency also may disclose the information to individuals the agency believes are likely to be victimized by the offender. The agency's belief shall be based on the offender's pattern of offending or victim preference as documented in the information provided by the department of corrections or human services; 8 3/2/2017 Level III Notification if the offender is assigned to risk level III, the agency shall disclose the information to the persons and entities included in Level I and Level II notification and to other members of the community whom the offender is likely to encounter, unless the law enforcement agency determines that public safety would be compromised by the disclosure or that a more limited disclosure is necessary to protect the identity of the victim. There is NO requirement that the City hold any public meeting related to relocation of a Level III (or any other level) offender, although many cities choose to City should work with assigned BCA staff and department of corrections to determine how to respond to the relocation of a predatory offender Predatory Offender Residency Ordinances Many cities across Minnesota have adopted ordinances related to the residency locations for Level III offenders Most ordinances follow the same model by Only applying to Level III Defining "protected areas" such as schools, playgrounds, parks, and other places children are known to regularly congregate Level III predatory offenders are then prohibited from living a certain distance from those protected areas (e.g. 1,000 feet measured lot line to lot line) Some ordinances also prohibit certain activities, such as dressing as Santa Claus or handing out candy on Halloween 9 3/2/2017 Common Exceptions Ordinances exempt residences which were established by Level III offenders prior to adoption of the ordinance Similarly, if the protected location comes on-line after the time the ordinance became effective, a Level III Offender will not be required to move Typically, an offender is also allowed to move into a residence with certain relatives (e.g. parents, siblings, spouses, children etc.) regardless of the proximity to a protected location Things to Consider Practical Issues Enforcement— typically failure to comply with ordinance is a misdemeanor, but prosecutions appear to be rare or non- existent Public Sentiment— upon discovery that an offender is living in violation of ordinance, the City will likely receive significant public concern Lack of Information — Regardless of the need for offenders to register, the fact is that many fail to comply for a host of reasons. This may create difficulties for the City and local law enforcement to identify those individuals subject to these types of restrictions Policy Issues Legal concerns over zoning offenders "out" of the community by making it very difficult to find suitable housing City should weigh the benefit of reintegration into society with the actual (vs. perceived) risk of predatory offenders For instance, because information on Level I and Level II offenders is not as accessible to the public, there is considerably more concern associated with a Level III offender while the public is generally unaware of how many Level I and Level II offenders reside in the community Level of supervision for Level III offenders may also lead to a lower level of recidivism versus other levels who are not generally known to the public and law enforcement At least some Level III offenders likely receive that Level designation due to administrative issues, such as failure to register when moving 10 3/2/2017 Where to Go From Here? City may wish to consider adoption of a zoning ordinance restricting where predatory offenders may reside within the City City should continue to work with law enforcement and relevant state agencies to ensure ongoing compliance with the Community Notification Act Before releasing any information related to an offender, the City and law enforcement should work with the City Attorney to determine what information may appropriately be shared Additional Resources Bureau of Criminal Apprehension Minnesota Department of Corrections City's Prosecutor League of Minnesota Cities Jacob Wetterling Resource Center Sexual Offenders 101— provides in-depth commentary on information related to designated offenders from a victim advocate organization - http://www.gundersenhealth.org/ncptc/jacob-wetterling- resou rce-center/keep-kids-safe/sexua I-offenders-101/ 11 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: February 24. 2017 SUBJ: Planning Department Updates — March 7, 2017 City Council Meeting Land Use Application Review A) Comp Plan Amendment and Rezoning —1432 County Road 29 — UP Development LLC has requested to reguide the subject property to High Density Residential (HDR) and to rezone to the R4 zoning district for potential development of a 28-42 unit memory care facility. The City's DRAFT 2040 Comp Plan identifies the property as HDR, but the applicant desires to move ahead quicker than the Comp Plan Review. The Planning Commission held a public hearing on the request at their February 13 meeting and recommended approval. The request will be presented to the Council on March 7. B) Three Rivers Park/We Can Ride CUP — 4301 County Road 24 — Three Rivers Park District and We Can Ride have requested a conditional use permit amendment to allow We Can Ride, a nonprofit that provides programming to individuals with disabilities or special needs, to occupy the stable previously utilized by Three Rivers Park mounted patrol. The Planning Commission is tentatively scheduled to hold a public hearing on the request at their March 14 meeting. C) Woodridge Church Site Plan Review — 1500 County Road 24 — Woodridge Church has requested a Comp Plan amendment, rezoning, lot combination, conditional use permit amendment, site plan review, and interim use permit for construction of a 15,085 square foot addition to the north side of the existing building. The Planning Commission held a public hearing on the lot combination, CUP interim use permit and Site Plan at their Monday, December 19, 2016 meeting, on the Comp Plan Amendment and rezoning on January 10. The Commission unanimously recommended approval of all of the applications. The City Council adopted resolutions and ordinance approving the requests on February 7. Staff is coordinating submittal to the Met Council for review. D) Lunski Senior Community Concept Plan — North of Highway 55, East of Willow Drive (PID 03-118-23-32-0007) — Lunski, Inc. has requested review of a Concept Plan for development of an approximately 126 unit senior living community to include independent and assisted living units. The applicant is considering changes to their plan and has requested a delay in review. The Planning Commission held a public hearing at their February 13 meeting and recommended that the density of the site be reduced, but generally supported the rezoning which the applicant is considering. The City Council provided comments at the February 21 meeting. The project will now be closed. E) AutoMotorPlex, Hamel Brewery, St. Peter and Paul Cemetery — 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. F) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting a final plat application G) Capital Knoll, Hamel Haven subdivisions — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plats are recorded Planning Department Update Page 1 of 2 March 7, 2017 City Council Meeting Other Proiects A) Comprehensive Plan — The Planning Commission held the Public Hearing on the 2020-2040 Comprehensive Plan update at the December 13 meeting. Following the hearing, Commissioners discussed all chapters of the plan and recommended a number of changes. Following discussion, the Commission unanimously recommended approval of the Plan. Staff presented the Plan for City Council review at the January 3 and February 7 meetings. The Council reviewed the infrastructure plans at the February 21 meeting and directed staff to route the Plan for jurisdictional review. B) Hennepin County Bikeway Participation Program Grant — Hennepin County provides grants up to $100,000 to support the construction of bikeways in the County. The City Council directed staff to submit an application for the trail connection along Pinto Drive and Hamel Road west of Uptown Hamel. Staff coordinated the grant and will submit prior to March 1. C) Long Lake subwatershed Carp Study Grant — On January 6, I attended a meeting related to a proposed Hennepin County Opportunity grant application by Medina, Orono, Long Lake, and Minnehaha Creek to study rough fish in the Long Lake subwatershed. The grant would support the study of the fish in order to determine management strategies and potential water quality improvements. The cost of the study is $160,000, with the grant to cover $100,000. The Council directed staff to proceed forward with the grant application, provided the other communities agree to partner. Staff awaits feedback from Orono and Long Lake. D) Census Boundary and Annexation Survey — staff replied to the Census Bureau's 2017 boundary and annexation survey as a result of the annexation of the Just for Kix property from Plymouth. E) Assistance with Floodplain amendments — Staff has assisted a number of property owners whose property is incorrectly identified within floodplain on FEMA's updated maps. Providing this information can save property owners thousands of dollars. If City Council members or Planning Commissioners hear about residents receiving demands from their mortgage companies, please put them in touch with me to see if they can save as well. F) Vacation —I will be on vacation from February 28-March 3. Planning Department Update Page 2 of 2 March 7, 2017 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 non -emergency: 763-525-6210 MEMORANDUM Emergency 9.1_1 TO: FROM: DATE: RE: Mayor Robert Mitchell and City Council Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson March 2, 2017 Department Updates WMDT Annual Meeting On February 16th we held the West Metro Drug Taskforce Annual Meeting. The taskforce continues to be extremely busy. The drug of choice in 2016 seemed to be heroin and we have had several deaths related to heroin in the lakes area. Our taskforce has been working these cases pursuing homicide charges against the dealers. In 2016, taskforce officers arrested 75 suspects (an additional 54 assists), executed 101 search warrants (an additional 48 assists), seized 65 guns and received 71 charge papers (9 federal) for crimes. Officers seized over $5,000,000 (street value) of narcotics. In 2016, the forfeiture funds were above the minimums for a disbursement. $20,000 per agent was distributed back to the participating cities. Underground Pipeline Training On February 27th I attended the annual required Underground Pipeline Emergency Response class in Monticello, Minnesota. The class is a very good refresher. Department Meeting / Training On March 1st we had our makeup department meeting and training. The meeting had been postponed due to officers out sick. The training covered use of force policy and written test, and the Taser yearly refresher. Officer Boecker was the instructor; he did a great job. Patrol by Sergeant Jason Nelson Training Officer Swalchick attended Emergency Vehicle Operations training in St. Cloud on February 22 and will attend Pursuit Intervention Technique Training in the fall. On March 1, 2017, Officer Boecker conducted use of force training for our entire department. This was excellent training. Patrol Activities For the dates of February 14 to March 1, 2017, our officers issued 98 citations and 169 warnings for various traffic infractions. There were a total of seven traffic accidents, 15 medicals, 11 alarms and three DWIs. On February 13th and February 14th, Officer Converse took numerous thefts from auto reports. In ALL cases cars were left unlocked and valuables and personal tax documents were taken. Most of the theft cases have been in the Medina Morningside area. These are completely preventable crimes as doors are left unlocked. Information has been put out on Facebook reminding residents to lock their car doors. UPDATE: Suspects have been identified and the stolen property was located. On February 27, 2017, Officer Converse was dispatched to remove an intoxicated male from the Medina Inn at 5:30 pm. Subject was unruly and intoxicated. He was removed without incident. On February 27, 2017, Officer Converse took an employee theft report at the Holiday Gas Station located on County Road 101. Employee was stealing money and lottery tickets from Holiday. Case was forwarded to investigations. On February 26, 2017, Officer Converse took a scam report where the caller reported that she had been contacted by a sheriff's depaitiuent in Dade County, Florida, indicating that the subject's nephew was in jail and that he needed bail money and money for an attorney. Victim went to Walmart and got $17,500 worth of gift cards and gave the caller the codes to the cards. This was all a scam and the caller was out $17,500. This is the second time we have taken this type of report in a month or so where the victim lost a large sum of money. On February 25, 2017, I was assigned a theft case where the caller reported that he had purchased a bike off EBay and that he had sent the money to the seller via PayPal but never received the bike. It was then learned that the bike was put up for sale on Craig's List. Investigation is ongoing. On February 21, 2017, Officer Converse took a theft of batteries report. Victim stated that he had parked his semi at a business in Loretto and that someone had stolen three of the truck's batteries. Victim states that he has a suspect in mind. Investigation to continue. Investigations by Investigator Kevin Boecker Investigating theft from vehicle cases from February. Interviewed two suspects and have possibly identified a third person who may have been involved. Continued investigation of the pigeon incident at Target. Interviewed one person who was associated with those involved who was less than cooperative. I am working with the Buffalo School Resource Officer in an attempt to identify the others involved. Trail camera was purchased by the department for use during investigations and surveillance. Camera was successful in capturing image of suspect who has been leaving suspicious items throughout the city over the past year. Working on identifying the suspect from the photograph. I attended a two-day training at the Minnesota BCA in regards to financial crimes. I also attended a one -day Open Source Intelligence training at the Mall of America. Currently have 16 open cases assigned to Investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: March 1, 2017 MEETING: March 7, 2017 SUBJECT: Public Works Update STREETS • The seasonal postings will continue for at least a few weeks with the temperature still fluctuating a lot. The Police have been making stops to enforce the postings. • Public Works will begin crack sealing in the next week preparing for this years' seal coating, weather permitting. • Sweeping was done in the Bridgewater area earlier this year to collect the remains of the chip sealing project from last year. Sweeping will likely be ahead of schedule this year unless the snow returns. • Road Material Bids will be opened on March 13t' and the results will be in the next Council packet. WATER/SEWER/STORMWATER • The water system is currently running on our new well #8 during the winter months. I want to run the well as much as possible during the warranty period to make sure all is good. • Greg and I met with our meter and radio supplier last week to go over some upcoming changes/upgrades to the meter reading process. As always with technology, support eventually stops and changes are made which cost money. We are looking at upgrading our reading system, and replacing some of our 30 year old meters and radios that are about to reach the end of their battery life. I will be working with Erin on the financial end of this as well as long-term, continually upgrading meters as they age. I will have a report later this year around budget time for you. • Linda has once again prepared the MS-4 permit for the City. After having consultants do it last year we decided it was best to just do it in house again. This is a savings of at least a few thousand dollars. PARKS/TRAILS • The crew has been trimming trees in the parks for the past week. So many of the young trees needed trimming This will look better and also make it easier for the lawn mowing contractors. • The PW crew also removed a large amount of downed trees in the new nature area connected with the Toll Brothers addition. Last summer a lot of trees went down with a storm that came through. One of the neighboring properties was concerned about leaning and damaged trees falling onto his property. PW removed several large truck loads of trees from this property, with some being used for firewood by our residents from our brush pile. • The grant application for the bike trail connection has been submitted for Hamel Road. I have also been making contact with the residents whose properties will be affected. • Jodi and I are working with the Hamel Baseball Association (HAC) to get the dugout cover options priced and installed as soon as possible. We also have a meeting to discuss field maintenance for the season on March 6t . MISCELLANEOUS • There are several contracts in your packet for the upcoming season, including street striping, street sweeping, and garden maintenance. I have worked with these contractors over the past few years and have been very happy with their work and responsiveness. I have come to an agreement for the next two years on all three of the contracts. • Linda and I have been discussing and preparing for the Clean-up Day event which will take place once again the last Saturday in April. We are hoping most of the Council can make it to this annual event. • Public Works is scheduled for two different safety training sessions in April, including CPR and First Aid. Page 2 of 2 ORDER CHECKS FEBRUARY 22, 2017 - MARCH 7, 2017 045564 BUEHLER, ROBERT & NANCY $5,000.00 045565 CHINTA, SHAILENDRA $250.00 045566 KISH,JENNIFER $150.00 045567 KOMMAREDDY, SIVA $215.00 045568 MUKHERJEE, SWARM $250.00 045569 MEDINA GOLF & COUNTRY CLUB $10.00 045570 GRAINGER $175.56 045571 LEXISNEXIS RISK DATA MGMT INC $35.50 045572 BYE, GORDON/DANITA $30.57 045573 EARLEY, MARTIN & NADINE $500.00 045574 GODDARD SCHOOL $150.00 045575 SANTANA, LEONARDO $500.00 045576 BEAUDRY OIL & PROPANE $1,308.62 045577 BUDGET PRINTING $11.22 045578 CAREFREE SERVICES INC $433.50 045579 CMI, INC $115.00 045580 COMMERCIAL DOOR SYSTEMS INC $76.00 045581 ECM PUBLISHERS INC $142.48 045582 FASTENAL COMPANY $11.68 045583 FINANCE AND COMMERCE $56.23 045584 GOPHER STATE ONE CALL $120.15 045585 GRAINGER $25.03 045586 HAMEL LIONS CLUB $565.00 045587 HENNEPIN COUNTY ATTORNEYS OFF $662.19 045588 HOLIDAY FLEET $112.87 045589 INTERSTATE ALL BATTERY $229.95 045590 KENNEDY & GRAVEN CHARTERED $8,029.39 045591 LANO EQUIPMENT INC $967.80 045592 LAW ENFORCEMENT LABOR $392.00 045593 LAW ENFORCEMENT TECH $152.77 045594 LEAGUE OF MINNESOTA CITIES $900.00 045595 LEXISNEXIS RISK DATA MGMT INC $57.50 045596 MADISON NATIONAL LIFE $634.66 045597 MARCO INC $48.54 045598 METROPOLITAN CONSORTIUM $1,250.00 045599 MHSRC/RANGE $405.00 045600 MODERN MARKETING $262.87 045601 NAPA OF CORCORAN INC $19.47 045602 OFFICE DEPOT $236.87 045603 OIL AIR PRODUCTS LLC $177.21 045604 PLEAA $70.00 045605 POSITIVE PROMOTIONS INC $198.95 045606 ROLF ERICKSON ENTERPRISES INC $7,471.37 045607 RUSSELL SECURITY RESOURCE INC $22.00 045608 SUN LIFE FINANCIAL $621.90 045609 TEGRETE CORP $1,162.39 045610 TIMESAVER OFFSITE $241.00 045611 VINCK, JOHN $107.82 045612 WESTSIDE WHOLESALE TIRE $25.00 045613 WSB & ASSOCIATES $10,717.50 Total Checks $45,308.56 ELECTRONIC PAYMENTS FEBRUARY 22, 2017— MARCH 7, 2017 004042E FARMERS STATE BANK OF HAMEL $67.00 004043E PR PERA $14,823.20 004044E PR FED/FICA $16,944.23 004045E PR MN Deferred Comp $2,345.00 004046E PR STATE OF MINNESOTA $3,466.78 004047E SELECT ACCOUNT $751.45 004048E CITY OF MEDINA $21.00 004049E FARMERS STATE BANK OF HAMEL $20.00 004050E SELECT ACCOUNT $1,333.74 004051E SELECT ACCOUNT $553.67 004052E MINNESOTA, STATE OF $964.00 004053E DELTA DENTAL $2,538.70 004054E CIPHER LABORATORIES INC $4,929.83 004055E HOSTINGMINNESOTA.COM $10.19 004056E KONICA MINOLTA $168.48 004057E MARCO (LEASE) $774.48 004058E MEDIACOM OF MN LLC $355.80 004059E VALVOLINE FLEET SERVICES $109.46 004060E WRIGHT HENN COOP ELEC ASSN $2,272.29 004061E XCEL ENERGY $12,018.90 004062E VERIZON WIRELESS $1,277.86 004063E SELECT ACCOUNT $668.66 Total Electronic Checks $66,414.72 PAYROLL DIRECT DEPOSIT FEBRUARY 22, 2017 507741 ALTENDORF, JENNIFER L $1,332.97 507742 BARNHART, ERIN A. $2,082.88 507743 BELLAND, EDGAR J $2,570.18 507744 BOECKER, KEVIN D. $2,664.05 507745 CONVERSE, KEITH A $2,085.88 507746 DINGMANN, IVAN W $1,574.36 507747 ENDE, JOSEPH $1,456.49 507748 FINKE, DUSTIN D. $2,178.54 507749 GALLUP, JODI M $1,752.05 507750 GLEASON, JOHN M. $1,882.65 507751 GREGORY, THOMAS $1,908.22 507752 HALL, DAVID M. $2,020.74 507753 JESSEN, JEREMIAH S $2,852.30 507754 JOHNSON, SCOTT T. $2,230.19 507755 KLAERS, ANNE M $1,173.83 507756 LANE, LINDA $1,492.97 507757 LEUER, GREGORY J. $2,325.72 507758 MCGILL, CHRISTOPHER R. $1,597.77 507759 MCKINLEY, JOSHUA D $1,519.16 507760 NELSON, JASON $2,618.52 507761 PETERSON, DEBRA A $1,684.69 507762 REINKING, DEREK M $1,611.50 507763 SCHARF, ANDREW $561.94 507764 SCHERER, STEVEN T. $2,289.30 507765 SWALCHICK, CRAIG M $1,270.46 507766 VIEAU, CECILIA M. $1,138.40 Total Payroll Direct Deposit $47,875.76