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05.02.2017 City Council Meeting Packet
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, May 2, 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 April 18, 2017 Special Council Meeting B. Minutes of the April 18, 2017 Regular Council Meeting C. Minutes of the April 19, 2017 Special Council Meeting V. CONSENT AGENDA A. Approve Staff Needs Analysis and Succession Plan B. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. C. Approve Mill and Paving Services Agreement with Omann Brothers Inc. VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Molde — Animal Structure Setback Variance — 4035 Apache Drive — Public Hearing B. Elim Care Assisted Living/Nursing Home Concept Plan Review — PID 30-118-23-23-0001 C. Board of Appeal and Equalization vs. Open Book Process Discussion D. Willow Drive Improvement Project 1. Resolution Receiving Feasibility Report and Calling for Public Hearings on Willow Drive Improvement Project and Levying Special Assessments for Same E. Wichita Trail Improvement Project 1. Resolution Receiving Feasibility Report and Calling for Public Hearing on Wichita Trail Improvement Project and Levy Special Assessments for Same F. Clydesdale Trail Improvement Project 1. Resolution Receiving Feasibility Report and Calling for Public Hearing on Clydesdale Trail Improvement Project and Levy Special Assessments for Same VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. CLOSED SESSION: MINN STAT. 13D.05, SUBD 3 (a) TO EVALUATE THE PERFORMANCE OF AN INDIVIDUAL SUBJECT TO ITS AUTHORITY XII. ADJOURN Posted 4/28/2017 _ Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: April 27, 2017 DATE OF MEETING: May 2, 2017 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Staff Needs Analysis and Succession Plan — The City Council reviewed the proposed plan at the April 18th Work Session. Staff incorporated the organizational chart and other changes as directed by the City Council. Staff recommends approval. See attached plan. B. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. — Pearson Brothers, Inc. provided the lowest responsible bid and will perform seal coating services for the City in 2017 per the attached agreement. Staff recommends approval. See attached agreement. C. Approve Mi11 and Paving Services Agreement with Omann Brothers Inc. — Staff recommends approval of the mill and paving services agreement with Omann Brothers Inc. for the 2017 paving projects. See attached agreement. VII. NEW BUSINESS A. Molde — Animal Structure Setback Variance — 4035 Apache Drive — Public Hearing — Applicant Joe Molde has requested a variance to reduce the required setback for a small animal structure from 150 feet to 40 feet. The applicant proposes to house chickens on the property, but there are no locations to construct a coop that would meet the required 150 foot setback. The subject site is 3.5 acres in area and includes the home and pole barn. The property is triangular in shape and has wetlands on the southern half. Easements occupy the east and west property lines. The applicant proposes to place the small chicken coop between the house and pole barn. See attached report. Potential Motion: Move to direct staff to prepare a resolution of approval based upon the findings noted in the staff report and subject to conditions recommended by the Planning Commission. B. Elim Care Assisted Living/Nursing Home Concept Plan Review — PID 30-118-23-23- 0001 — Elim Care has requested review of a concept plan for development of a three- story mixed senior care and housing facility at the northeast corner of Highway 12 and County Road 29. The concept shows 134 units, with a mix of skilled nursing care, assisted living, memory care, and independent living. The subject site is guided for Commercial development in the 2010-2030 Comprehensive Plan and is zoned Commercial -Highway (CH). The Commercial land use does not permit the proposed use. The draft 2020-2040 Comprehensive Plan update proposes to change the future land use of the subject property to High Density Residential (HDR). At this time, the proposed uses are generally permitted in the districts which are intended to implement the HDR land use. However, the Comp Plan update is still under review. The six-month timeframe for affected jurisdictions to comment on the City's plan is just beginning, and the City will need to evaluate these comments prior to approving the plan update and submitting to the Met Council for approval. The update is anticipated to be in effect in early 2018. The applicant desires to begin construction in the spring of 2018, but has indicated that they need to secure land use approvals this year. See attached report. C. Board of Appeal and Equalization vs. Open Book Process Discussion — The Medina City Council requested staff have the City Assessor attend the May 2nd City Council Meeting to: 1) discuss options to improve the Board of Appeal and Equalization meeting and 2) discuss the possibility of changing to an Open Book Process. City Assessor Rolf Erickson will be attending the meeting to discuss options. Staff is requesting City Council discussion and policy direction on whether to pursue changing to the Open Book Process or improving the current Board of Appeal and Equalization meeting process. See attached memo. D. Willow Drive Improvement Project — City staff prepared this report to determine the feasibility of improvements on Willow Drive. The project is cost effective and necessary to prolong the useful life of the road. Staff recommends moving forward with this project. See attached resolution and feasibility report. Recommended Motion: Adopt resolution receiving feasibility report and calling for public hearings on Willow Drive improvement project and levy special assessments for same. E. Wichita Trail Improvement Project — City staff prepared this report to determine the feasibility of improvements on Wichita Trail. The project is cost effective and necessary to prolong the useful life of the road. Staff recommends moving forward with this project. See attached resolution and feasibility report. 2 Recommended Motion: Adopt resolution receiving feasibility report and calling for public hearings on Wichita Trail improvement project and levy special assessments for same. F. Clydesdale Trail Improvement Project — City staff prepared this report to determine the feasibility of improvements on Clydesdale Trail. The project is cost effective and necessary to prolong the useful life of the road. Staff recommends moving forward with this project. See attached resolution and feasibility report. Recommended Motion: Adopt resolution receiving feasibility report and calling for public hearings on Clydesdale Trail improvement project and levy special assessments for same. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 04116E-04134E for $57,187.31, order check numbers 045794-045831 for $62,270.24, and payroll EFT 507855-507880 for $47,032.44. XI. CLOSED SESSION: MINN STAT. 13D.05, SUBD 3 (a) TO EVALUATE THE PERFORMANCE OF AN INDIVIDUAL SUBJECT TO ITS AUTHORITY • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 3 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 18, 2017 The City Council of Medina, Minnesota met in special session on April 18, 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, Martin, Pederson, Mitchell Members absent: Also present: City Administrator Scott Johnson, City Planner Dusty Finke, Public Works Director Steve Scherer, City Engineer Jim Stremel, and Police Sergeant Jason Nelson. II. Succession Plan/Ten Year Staffing Plan City Administrator Scott Johnson provided the City Council with information regarding the updated Succession Plan/Ten Year Staffing Plan. The plan is flexible and dependent on economic conditions, continuation of the same level of services to residents, and staff workloads. The City Council directed staff to put together an updated organizational chart with the potential positions and duties to include with the document. The updated information will be brought forward for formal Council adoption on the Consent Agenda at a future City Council meeting. III. I & I Discussion Staff provided information regarding inflow and infiltration (I & I) issues in the Hamel and Lake Independence areas of Medina. Staff will appeal the charges to the Metropolitan Council and study the area to determine what repairs are needed. Council directed staff to bring forward a summary memo on this topic with project options to fix the I & I sewer issues. Iv. Misc Staff was directed by Council to move forward with having a contractor paint the old Public Works Facility the same color. Also, staff was directed to have City Assessor Rolf Erickson attend a future Work Session to discuss how to make the Local Board of Appeal and Equalization Meeting better and if an Open Book meeting would be a better option for Medina. Adjournment Mitchell closed the meeting at 6::56 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 April 18, 2017 This Page Intentionally Left Blank Medina City Council Special Meeting Minutes 2 April 18, 2017 1 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 18, 2017 4 5 The City Council of Medina, Minnesota met in regular session on April 18, 2017, at 7:00 6 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Police 16 Sergeant Jason Nelson. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:01 p.m.) 24 25 A. Approval of the April 4, 2017 Regular City Council Meeting Minutes 26 Johnson noted that Martin submitted written comments prior to the meeting that were 27 distributed at the dais. 28 29 It was noted on page three, line 17, it should state, "...stated that the Three Rivers Park 30 District's..." On page seven, line 37, the following sentence should be added, "The 31 applicant's plan had changed from the previous issue and this issue hinges on whether a 32 kitchen is installed." 33 34 Moved by Anderson, seconded by Cousineau, to approve the April 4, 2017 regular City 35 Council meeting minutes as amended and with the written amendments submitted by 36 Martin. Motion passed unanimously. 37 38 B. Approval of the April 5, 2017 Board of Appeal and Equalization Meeting 39 Minutes 40 Moved by Martin, seconded by Pederson, to approve the April 4, 2017 Board of Review 41 and Equalization meeting minutes as presented. Motion passed unanimously. 42 43 V. CONSENT AGENDA (7:06 p.m.) 44 45 A. Resolution No 2017-23 Approving a Conditional Use Permit Amendment to 46 Three Rivers Park District for a Public Safety Facility 47 B. Resolution No. 2017-24 Approving a Conditional Use Permit Amendment to 48 Three Rivers Park District for an Equine Therapeutic Riding Program 49 Operated by "We Can Ride" Located at the Public Safety Facility 50 C. Resolution No. 2017-25 Requesting a Speed Study by Hennepin County and 51 MnDOT on County Road 19 and County Road 101 Medina City Council Meeting Minutes 1 April 18, 2017 1 D. Resolution No. 2017-26 Approving Proposed Transfer and Closing of 2 Independence Beach Outlet Project 3 Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion 4 passed unanimously. 5 6 VI. COMMENTS (7:08 p.m.) 7 8 A. Comments from Citizens on Items not on the Agenda 9 There were none. io i 1 B. Park Commission 12 Scherer reported that the Park Tour will occur the following night and welcomed 13 members of the Council to attend. He stated that the bus will be leaving City Hall at 5:00 14 p.m. to tour the different park properties. 15 16 C. Planning Commission 17 Murrin reported that the Planning Commission met the previous week to consider a 18 concept plan for Elim Care. She stated that the Commission liked the plan, but noted 19 that the timing would most likely be impacted by the Comprehensive Plan review. She 20 stated that the Commission discussed the topic of allowing nursing home uses into high 21 density zoning and the consensus was that developers should be allowed to construct 22 nursing homes if that is the zoning district the developer would desire. She stated that 23 the Commission also considered a request regarding solar panel installation. She stated 24 that the Commission discussed the ordinance and recommended changing the 25 ordinance to allow up to 1,500 square feet in the rural residential zoning district without 26 the use of a CUP. She stated that the Commission believed that up to 2,500 square feet 27 could be installed with a CUP if the criteria are met. She stated that the Commission 28 also recommended approval of the CUP request from the Rechelbachers, in the case 29 the Council does not agree with amending the ordinance language. She noted that the 30 Commission also considered a setback variance request for a chicken coop from a 31 family and recommended approval. 32 33 Martin agreed that the solar array calculations seem very small compared to the size of 34 the lot and asked for direction on how that was determined. 35 36 Murrin stated that because there has not been a lot of experience with solar equipment 37 in the community, the Commission erred on the side of caution. 38 39 Martin stated that it seems like a big jump for the CUP to require 20 acres for up to 2,500 40 feet. 41 42 Murrin noted that additional changes can be made in the future and stated that the 43 Commission still wanted to have some control over the solar panel requests. She noted 44 that these limitations apply to ground mounted solar and advised that applicants can still 45 use roof mounted solar. 46 47 VII. NEW BUSINESS 48 49 A. Peter and Mindy Rechelbacher — 1822 Homestead Trail — Zoning Ordinance 50 Text Amendment (7:17 p.m.) Medina City Council Meeting Minutes 2 April 18, 2017 1 Finke summarized the history on the ordinance related to solar, noting that roof mounted 2 solar is allowed in almost every district in the City. He noted that ground mounted solar 3 is allowed in certain zoning districts under a CUP, with size limitations. He stated that 4 the allowance for ground mounted solar panels was only added as an allowed use in 5 2015 and there has only been one installation by Wright Hennepin Electric. He stated 6 that the size limitations for rural residential ground mounted solar equipment was written 7 conservatively in order to minimize impacts on neighboring properties while still 8 producing enough energy to supply the average home size in Minnesota. He noted that 9 the average home size in Medina is larger than the average home in Minnesota. He 10 stated that the array proposed by the Rechelbachers would supply half of the energy for 11 their home. He stated that the Planning Commission reviewed this request and 12 recommended an increase up to 2,500 square feet under a CUP. He further explained 13 how the size limitations were determined in conjunction with net metering. 14 15 Martin noted that along with the larger size homes, there are often accessory structures 16 on the properties as well. 17 18 Finke stated that the Planning Commission recommended raising the limit to 1,500 19 square feet without the use of a CUP and allowing ground mounted arrays of 2,500 with 20 the use of a CUP. He noted that this ground mounted equipment would only be allowed 21 in the rural residential zoning districts. He noted that requests would be subject to the 22 tree preservation ordinance but noted that there are exceptions under State law. 23 24 Mitchell asked if there have been any adverse comments about the Wright Hennepin 25 array. 26 27 Finke stated that he was not aware of any complaints. 28 29 Martin stated that it seems to be good public policy to permit ground mounted solar 30 equipment as it seems within the rural character to allow people to be more self-reliant. 31 She stated that she has no objection to a larger array and did not see the connection 32 between 2,500 square feet and needing 20 acres. She confirmed that she would 33 support up to 2,500 feet on five -acre lots. 34 35 Mitchell stated that when the ordinance was created the City was being more 36 conservative and agrees with letting out a little more space for flexibility, but would agree 37 that the ordinance should be expanded slowly. 38 39 Mindy Rechelbacher thanked the Council and staff for their time. She stated that Finke 40 has wrapped this up very well, noting that she asked for this request in 2015. She stated 41 that now running the numbers they have determined an appropriate size that would be 42 needed for their property. She stated that as a society the electrical use is not 43 decreasing but increasing and society would be benefitted by harnessing natural energy 44 sources such as solar. She stated that they are making a big investment and the 45 payback period would be outside of 12 years. She stated that spending $1,000 on a 46 CUP is cost prohibitive and could deter people from seeking this natural energy source. 47 48 Chris Pederson, 4130 Feske Drive, stated that glare has been brought up a few times 49 and noted that solar creates the opposite of glare. He stated that grass actually 50 produces more glare than solar panels. He stated that even though items are becoming 51 more efficient, electric cars could skew those energy costs as they would charge Medina City Council Meeting Minutes 3 April 18, 2017 1 overnight. He urged the Council to consider the 2,500-square foot ground mounted 2 solar arrays on five acre rural residential lots rather than continuing to amend the 3 ordinance as requests come forward. 4 5 Martin asked for additional information on number nine, located on page three of the 6 staff report. 7 8 Finke provided additional details on the condition that applies to ground mounted arrays 9 between 1,500 and 2,500 square feet with the use of a CUP. 10 11 Martin stated that she was a bit concerned with how certain elements could be 12 subjective and also did not understand why 20 acres of land would be required. She 13 stated that while she would favor larger steps, she would also agree with these baby 14 steps and would look forward to the next amendment of the ordinance that will 15 eventually come. 16 17 Mitchell stated that he would support taking smaller steps, such as this, to ensure the 18 ordinance is being amended in the best manner. 19 20 Cousineau asked and confirmed that staff would still be approving landscaping plans. 21 22 There was additional discussion regarding the proposed 20-acre lot size and Finke 23 noted that staff would support a lower acreage size. 24 25 Mitchell stated that a lot of work has gone into this and the ordinance can always be 26 amended in the future as needed. 27 28 Anderson stated that the Council is in agreement with the applicant's request but the 29 policy discussion has more concern. He stated that he could support reducing the lot 30 size to 10 acres for up to 2,500 square feet. 31 32 Pederson confirmed that he could also support the request. 33 34 Martin stated that she would also support allowing up to 2,500 square feet with a ten- 35 acre lot. She noted that an additional comment could be added protecting the rural view 36 shed. 37 38 It was the consensus of the Council to allow up to 1,500 square feet without a CUP and 39 to allow 2,500 square feet on lots ten acres in size with a CUP. 40 41 Martin stated that she would like to remove one of the standards from the ordinance and 42 instead place that within the CUP criteria as it can be very subjective. She advocated for 43 removing condition ten. 44 45 Cousineau stated that she would view condition ten as the neighbor's option for 46 objecting to the project. She stated that she would not be opposed to leaving the 47 language in. 48 49 1. Ordinance No. 610 Regarding Solar Equipment Amending Chapter 8 of 50 the City Code Medina City Council Meeting Minutes 4 April 18, 2017 1 Moved by Martin, seconded by Pederson, to adopt Ordinance No. 610 Regarding Solar 2 Equipment Amending Chapter 8 of the City Code with the errors corrected and removing 3 subsection B.10, changing the 20-acre requirement in subsection B.11.3 and B.11.1 to 4 10 acres and adding language to 11.4 to protect the public view shed. Motion passed 5 4-1 (Mitchell opposed). 6 7 1. Resolution No. 2017-27 Authorizing Publication of Ordinance No. 610 by 8 Title and Summary 9 Moved by Pederson, seconded by Anderson, to adopt Resolution No. 2017-27 10 Authorizing Publication of Ordinance No. 610 by Title and Summary consistent with the 11 changes made. Motion passed unanimously. 12 13 B. Storm Water Pollution Prevention Plan (SWPPP) — Annual Public Hearing 14 (8:07 p.m.) 15 Mitchell opened the public hearing at 8:07 p.m. 16 17 Scherer presented the storm water pollution prevention plan report, noting that the public 18 hearing is an annual requirement. He reviewed the inspections that occurred during 19 2016 and maintenance activity. He reviewed the minimum control measures and 20 provided more information on salt usage and the application. 21 22 Martin noted that some of the roads in Medina are privately maintained and asked if it 23 would be appropriate to regulate usage in commercial applications. 24 25 Scherer noted that he could follow up. 26 27 Pederson noted that there is a balance between safety and environmental friendliness. 28 He acknowledged that the decision would have to be statewide. 29 30 Scherer reviewed other elements of the plan including maintenance and education. He 31 reviewed the elements of illicit discharge and inspection. He stated that post 32 construction they continue to implement the policies. He reviewed the partners the City 33 works with to accomplish the plan. 34 35 Anderson thanked Scherer for his presentation. 36 37 Moved by Anderson, seconded by Cousineau, to close the public hearing at 8:21 p.m. 38 Motion passed unanimously. 39 40 VIII. CITY ADMINISTRATOR REPORT (8:22 p.m.) 41 42 A. Police Speed and Weight Limit Enforcement 43 Nelson stated that the police department is receiving calls regarding speed and weight 44 limit violations. He stated that the department is short staffed at certain times of the day 45 and therefore utilization of the speed signs and trailers have been helpful. He noted that 46 the speed signs help to slow the speed of traffic as the signs remind people that the 47 speed is changing. He stated that the department actively enforces the weight limits in 48 order to help maintain the road conditions. He stated that the officers do a great job of 49 enforcement and investigations with trucks that may be violating the weight restrictions. 50 He stated that there are always complaints as people feel that they are unfairly targeted 51 but noted that the department is simply attempting to protect the roads in the City. Medina City Council Meeting Minutes 5 April 18, 2017 1 2 Anderson asked if there is an area of the City that receives more complaints on 3 speeding. 4 5 Nelson noted that they receive complaints and use the data for targeted efforts. He 6 stated that they attempt to address all concerns. 7 8 Mitchell stated that he has received calls as well, which he forwards to Belland. He 9 encouraged the police to continue to follow up on complaints in terms of a public 10 relations aspect. He asked how the noise complaints are for motorcycles. 11 12 Nelson stated that the weather has not yet been that warm to entice those complaints. 13 He stated that they attempt to educate through the website and Facebook page as well. 14 15 IX. MAYOR & CITY COUNCIL REPORTS (8:29 p.m.) 16 Mitchell stated that he attended the mayors meeting the previous week and provided a 17 brief update on the discussions that occurred. 18 19 The Council mentioned some upcoming meetings they will be attending. 20 21 X. APPROVAL TO PAY THE BILLS (8:33 p.m.) 22 Moved by Anderson, seconded by Martin, to approve the bills, EFT 004100E-004115E & 23 94115 for $45, 952.36, order check numbers 045727-045793 for $361,191.90, and 24 payroll EFT 507824- 507854 for $47,812.26. Motion passed unanimously. 25 26 XI. ADJOURN 27 Moved by Anderson, seconded by Martin, to adjourn the meeting at 8:33 p.m. Motion 28 passed unanimously. 29 30 31 32 Bob Mitchell, Mayor 33 Attest: 34 35 36 Jodi Gallup, City Clerk Medina City Council Meeting Minutes 6 April 18, 2017 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 19, 2017 The City Council of Medina, Minnesota met in special session on April 19, 2017 at 5:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Anderson, Cousineau, Pederson and Mitchell Members absent: Martin Also present: Assistant City Administrator/City Cierklodi Gallup, Public Works Director Steve Scherer, and Medina Park Commissioners. II. Annual Tour of Parks The City Council and Medina Park Commission toured or drove past the following parks, trails and nature areas and made these observations: Holy Name Park • The park is complete and no ��r itional work needed to be done at this time. Medina Morningside Park • There is a phone line remnant that needs to be removed in the northeast corner. Maple Park • Discussed that the residents had requested a fence along the first and third baselines to avoid losing balls in the wetland. The Park Commission will monitor the level of use of the field to make a determination at a later date. • It was noted that the suckers needed to be removed from the trees. Walnut Park • Discussed the park's purpose and how the infiltration area worked. Noted that the trees could be cleaned up near the infiltration area. Lakeshore Park • Discussed the request from last year for a bench at the bottom of the hill. It was determined that the steep slope and water levels would make it challenging for a bench in that location. It was suggested to put a bench at the top of the hill looking out towards the lake. • It was noted that the neighbors had asked for a fire pit the previous year, but the Park Commission was concerned with safety. • It was suggested to place a larger piece of play equipment for older kids on the north side of the boat landing. Medina City Council Special Meeting Minutes 1 April 19, 2017 " I t w a s n o t e d t h a t t h e r e w e r e g r o u n d b e e s o n t h e n o r t h s i d e o f t h e b o a t l a n d i n g . " I t w a s n o t e d t h a t t h e r e w a s b r o k e n c i n d e r b l o c k d o w n b y t h e w a t e r t h a t n e e d e d t o b e c l e a n e d u p . T h e P a r k a t F i e l d s o f M e d i n a " I t w a s n o t e d t h a t t h e r e w a s a d e a d t r e e b y t h e p l a y g r o u n d e q u i p m e n t t h a t n e e d e d t o b e r e m o v e d a n d r e p l a c e d . " D i s c u s s e d t h e l o c a t i o n o f a s e c o n d s m a l l b a s k e t b a l l h o o p a n d t h e l o c a t i o n o f t h e s a n d v o l l e y b a l l c o u r t . A r r o w h e a d D r i v e T r a i l " D r o v e t h e r o u t e o f t h e n e w t r a i l a l o n g A r r o w h e a d D r i v e . R e s e r v e o f M e d i n a P o s s i b l e F u t u r e P a r k L a n d " D r o v e d o w n H a c k a m o r e R o a d t o l o o k a t p o s s i b l e f u t u r e p a r k l a n d f r o m t h e R e s e r v e o f M e d i n a d e v e l o p m e n t . S t a f f s t a t e d t h a t t h e d e v e l o p e r w a s w i l l i n g t o d i s c u s s t h e p o t e n t i a l f o r t h e c i t y t o p u r c h a s e t h e n o r t h w e s t e r n 3 . 6 a c r e s o f t h e i r p r o p e r t y . T h e P a r k C o m m i s s i o n g a v e t h e i r g e n e r a l s u p p o r t i n m o v i n g f o r w a r d w i t h n e g o t i a t i o n s t o o b t a i n t h e p a r k l a n d . C o R d 1 1 6 / T o w e r D r i v e / H a m e l R o a d T r a i l R o u t e " D r o v e t h e f u t u r e r o u t e t o c o n n e c t t h e C o R d 1 1 6 T r a i l d o w n T o w e r D r i v e t o t h e t r a i l o n H a m e l R o a d . H a m e l L e g i o n P a r k " D i s c u s s e d a r e q u e s t f r o m H e r i t a g e C h r i s t i a n A c a d e m y t o p a i n t t h e d u g o u t s b l u e a t t h e P a u l F o r t i n M e m o r i a l F i e l d . I t w a s d e t e r m i n e d t h a t t h e d u g o u t s d i d n e e d t o b e f r e s h e n e d u p , b u t n o t p a i n t e d t h e c o l o r b l u e . T h e P a r k C o m m i s s i o n e r s a g r e e d t h a t t h e c o l o r o f t h e d u g o u t s s h o u l d b e u n i f o r m t o t h e o t h e r b u i l d i n g s a n d s t r u c t u r e s w i t h i n t h e p a r k . " S c h e r e r u p d a t e d t h e C i t y C o u n c i l a n d P a r k C o m m i s s i o n t h a t h e f o u n d a s n o w m a c h i n e t h a t w i l l w o r k f o r t h e s l e d d i n g h i l l . H u n t e r L i o n s P a r k " D i s c u s s e d t h e w e a r a n d c r a c k s o n t h e t e n n i s c o u r t a n d b a s k e t b a l l c o u r t . N o t e d t h a t t h e s u r f a c e s w o u l d p r o b a b l y n e e d t o b e c o m p l e t e l y r e p l a c e d w i t h i n t h e n e x t f e w y e a r s . " N o t e d t h a t t h e o r i e n t a t i o n o f t h e p a r k s i g n w a s c o n f u s i n g a n d t h a t t h e m a p s h o u l d b e r o t a t e d b y 9 0 d e g r e e s t o m a k e i t e a s i e r t o f i n d t h e n a t u r e a r e a . " N o t e d t h a t t h e p a t h a r o u n d t h e n a t u r e a r e a n e e d e d t o b e m o w e d . " N o t e d t h a t t h e w e e d s i n t h e v o l l e y b a l l c o u r t n e e d e d t o b e s p r a y e d . M e d i n a C i t y C o u n c i l S p e c i a l M e e t i n g M i n u t e s 2 A p r i l 1 9 , 2 0 1 7 Medina Lake Preserve The City Council and Park Commission did not visit Medina Lake Preserve, but Lubenow visited the park earlier in the week and provided an update. She stated that the weeds were high and there were a number of burs on the trail. She also noted that a tree had fallen over on one of the benches in the park. III. Adjournment Mitchell closed the meeting at 7:20 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 3 April 19, 2017 Agenda Item # 5A 2017 Staff Needs Analysis and Succession Plan Introduction Medina Department Heads have been working to put together a staff needs analysis to determine the needs of each department over the next ten years. A Succession Plan has also been included with this document to prepare for possible retirements over the next five years. The plan is flexible and dependent on economic conditions, continuation of the same level of service to residents, and staff workloads. The report has been prepared to demonstrate the needs for staffing resources over the next ten years. The plan acts as a road map for future staff additions. The timelines are also flexible and any staff additions would be approved by the City Council through our budget and recruitment processes. The primary recommendations for staffing have been founded on evaluation of existing conditions, projected levels of service (based on current service levels), and projected growth. Budgetary conditions and desired service levels, including non -essential services yet determined, will be determined by future City Councils. The proposed plan has been based on the philosophy of the current City Council, which values a smaller staff that fulfills a wide variety of roles in the organization. Discussions have been held with Department Heads to evaluate future needs and the primary recommendations in this report are supported by the Departments. The City of Medina's historical approach to staffing has involved recruiting and retaining highly qualified, highly productive, dedicated employees to the workforce. Historical retention efforts have included exceedingly competitive compensation, utilization of new technologies to provide better efficiencies, and providing a quality work environment. Consultants have been used frequently to assist staff and Council to achieve goals and meet demands for services. The result of this strategy has allowed for a smaller team -oriented and efficient staff by comparison to similar municipalities in the number of full-time equivalent (FTE) employees. The recommendations outlined in this report incorporate the continuance of this historical strategy. Administration (includes Clerk's Office and Finance) The city administrative area consists of a City Administrator, Assistant City Administrator -City Clerk, Finance Director, Accounting Technician, City Attorney, City Assessor, Building Inspectors, Fire Marshal, and City Engineer. All positions are filled by city employees or professional contracted services. General responsibilities are as follows: City Administrator — serves as the chief administrative officer for the city and oversees all city departments, consultants, contracts, and day-to-day administrative operations of the city. Also serves as Deputy City Clerk. 1 Assistant City Administrator/City Clerk — provides administrative and project management support to the City Administrator and oversees the city's elections, human resources, IT/communications, licensing, recycling, city ordinances, etc. Also serves as the City Clerk. City Attorney - provides legal counsel for city council and staff. The city contracts this service with Kennedy & Graven. City Assessor - views each parcel of real estate in the city to determine its market value. Also determines the classification or use of each parcel. This information is the basis for property tax assessments. The city contracts this service with Southwest Assessing. Building Inspector — provides building plan review and approval as well as physically inspects structures to ensure compliance with building permit specifications. The city contracts this service with Metro West Inspection. Fire Marshal - Medina is served by four volunteer fire departments. Most of these serve other cities as well. Metro West Inspection is appointed as the Medina Fire Marshal. City Engineer - provides a variety of civil engineering services including the review of land -use plans and submittals involving engineering issues, public facility infrastructure design, and transportation planning. The city contracts this service with WSB. Financial Consultant — provides debt service, budget management, long-term planning, financial oversight, and training. The city contracts this service with KDV. The consultant will come to City Hall on an as -needed basis. Finance Director — manages day-to-day finance operations, payroll, special assessments, compliance reporting, and general fund accounting, quarterly reporting, tax reporting and filing, cash management, benefit management, workers compensation and insurance policy maintenance, capital asset management, and co -coordinates elections. Accounting Technician — processes utility billing and maintenance, accounts payable and receivable, general fund accounting, billing customer service, credit card payment management, contract management, elections, and land -use management. Police Transcriptionist/Finance Clerk — This position combines the Part-time Police Transcriptionist position and the Part-time Finance Clerk position. The position assists the Finance Department with utility billing, billing/receipts, and payroll. This position reports to the Finance Director and Public Safety Director. As the City continues to grow, more accounts for utilities will be prevalent, as well as payroll processing. A larger population and business operations will also require more daily administration of general invoicing and collection of receipts. The position is also responsible for organizing Celebration Day. 2 Projected Changes for Staff/Support/Resources: Part-time and Temporary Staff Administration will utilize part-time and temporary staff as needed depending on administration and finance department activity. The department intends to continue to do so in order to maintain flexibility while reducing permanent costs. Part-time temporary staff will continue to be utilized during election seasons to hire election judges and additional support staff to process the increased volume of absentee ballots. When possible, the City will continue to make an effort to hire student interns seeking degrees in Public Administration to further the profession. Planning & Zoning The Planning Department consists of a Planning Director, Associate Planner and shared Administrative Assistant with the Public Works Department. City Planner — Oversees day-to-day functions of the Planning department including administration of zoning and subdivision ordinances and the comprehensive Plan. Manages land use application review and development processes. Coordinates City's Geographical Information Systems (GIS) and mapping activities. Acts as department head, responsible for management of department personnel, coordination with consultants, and budgetary matters. Associate Planner — Coordinates building permit process and code enforcement activities, and assists with the processing of land use applications. Collects and reports City and agency (Met Council, Department of Labor and Industry) fees. Provides customer service for general planning/zoning matters. Conducts review of land use applications such as variances and conditional use permits. Provides additional professional planning services including review of subdivision and land -use applications Administrative Assistant to Planning and Public Works — provides clerical and administrative support through answering phones and counter traffic, and ordering supplies. Assists the planning department with building permits, septic system inspection reports, packets, mailings, and filing. Assists the Public Works Director with all yearly reports, bid process and agreements with vendors. Also plans and coordinates City Clean-up Day. Part-time and Temporary Staff The Planning Department utilizes part-time and temporary staff as needed depending on building and planning department activity. The department intends to continue to do so in order to maintain flexibility while reducing permanent costs. Projected Changes for Staff/Support/Resources: Building and Planning Assistant Currently, administrative staff is shared between Planning and Public Works. The Public Works Department projects an increased need in administrative support which is proposed to be accommodated by no longer sharing staff with Planning. At such time, the Planning Department will need administrative support. Depending on building permit activity and other shifts in staffing, alternative opportunities may arise to share staffing between departments. Alternatively, a full-time staff member may be appropriate. In such case, the Planning 3 Department will reduce part-time and temporary staffing as well as consultant use in order to reduce budget impacts. Promote the City Planner to Planning Director (2017) The City Planner has been leading the Planning & Zoning Department for a number of years without the proper title. The title promotion is overdue. The position is currently and will continue to be compensated at the Department Head level for this Department. Public Safety The Medina Police Department has organizational responsibility for all public safety activities in the City, including police, fire and emergency preparedness. Fire: The Public Safety Director serves as the City's primary liaison with volunteer fire departments that serve Medina. City Code, Chapter 210, authorizes the City Council to contract for fire protection services with other municipalities (Long Lake and Maple Plain) and volunteer fire departments (Hamel and Loretto). The City Administrator and Public Safety Director administer the contracts. Emergency Preparedness: The City has an Emergency Operations Plan that details City policies and procedures for responding to emergencies such as train derailment, airplane crash, epidemic, terrorist attack, tornado, etc. The City is also part of the Lake Minnetonka Regional Emergency Operations Plan, a joint powers agreement with other communities in the Lake Minnetonka area. The Public Safety Director is the City's Director of Emergency Preparedness and is responsible for overall direction and control of City resources in an emergency. Structurally, the Police Department includes the Public Safety Director, City Prosecutor, Police Sergeant, Police Investigator, Police Officers, Police Administrative Assistant, Transcriptionist, Community Service Officers, and Police Reserves. The City Prosecutor is an attorney in private practice whose services are contracted by the City. Police Reserves are non -paid positions. The balance of positions in this department is paid positions, hired by the City. General Public Safety responsibilities are as follows: Public Safety Director/Police Chief - serves as department head performing executive and administrative work to manage the daily administration of the police department and provide leadership for the City's law enforcement, crime prevention, and community policing efforts. Serves as City Emergency Management Director; and, staff liaison to coordinated fire services. Police Sergeant - provides leadership and supervision to assigned officers and personnel, works directly with citizens and staff to resolve problems/conflicts, performs all the essential duties and responsibilities of a patrol officer and during the absence of the chief, the sergeant shall be designated as the officer in charge of the Department. 4 Investigator - investigates assigned cases for prosecution or other clearance. This position coordinates investigations, prepares and/or reviews investigative reports, and makes presentations to the appropriate prosecuting attorney for appropriate charging action. West Metro Drug Taskforce Investigator — works on a joint taskforce combined of Hennepin County, Orono Police, West Hennepin Public Safety and Minnetrista Police Departments, addressing the drug investigation in the western part of Hennepin County. Administrative Assistant - performs non -supervisory administrative, secretarial, and clerical work to assist the Police Chief with the department's daily administration. Processes a variety of reports, related documents, and correspondence. Receives visitors at the front counter and on the phone. This position serves as a confidential employee and currently holds the designation of Terminal Agency Coordinator (TAC). Police Transcriptionist/Finance Clerk - performs non -supervisory transcription duties and clerical work to support and assist the administration of the police department. Processes a variety of reports and related documents for the police department. This position serves as a confidential employee. Provides back-up to the full time administrative assistant. Six Patrol Officers - performs non -supervisory, patrol and police work in support of law enforcement, crime detection/prevention and investigation, traffic control, emergency response, and public assistance activities. Responsible for minimal administrative functions; assists with some educational and safety programs in public schools; and provides law enforcement at community functions. Majority of time is spent responding to calls to enforce laws and patrolling to protect the property and serve the residents of the community. City Prosecutor - prosecutes misdemeanors and gross misdemeanors on behalf of the City (Note: the office of the Hennepin County Attorney prosecutes felonies). The city currently contracts this service with Tallen & Baertschi. Part-time Community Service Officer - enforce parking and other City ordinances, respond to non -emergency calls, and participate in community and public education programs, such as Operation ID, bicycle safety, and Neighborhood Watch. Police Reserves — volunteers that assist police and community service officers with non - emergency calls, represent the city and provide manpower for department or special details, such as the Hamel Rodeo. Projected Changes for Staff/Support/Resources: Community Service Officer (Part-time 2019) — The new part-time position would be responsible for general patrol of roads, community service activity, general administrative tasks and responding to calls as needed. With the population growth in the city, the position will be realizing more demands for services. Community service will become more vital in crime prevention and awareness. General office administrative tasks will also become more prevalent in response to the growth of the community and department. 5 Patrol Officers (Full-time 2020 and 2022) — Both positions would report to the Public Safety Director and Sergeant. The positions will be responsible for general patrol of roads within the city and responding to calls as needed. With the increase in residential population and likelihood of increasing commercial and office suite construction, the department will have more areas to patrol and respond to calls. Public Works The public works department consists of a Public Works Director, shared Administrative Assistant with planning, a Public Works Foreman, two Public Works Maintenance Workers, one Public Works Maintenance Worker/Water and Sewer Operator and one Public Works Maintenance Worker/Field Inspector. The public works department is in charge of all public facilities in Medina, including city roads, parks/trails, sanitary sewers, storm sewers, water system (including wells, water distribution networks, water treatment facilities, and water storage). Public Works Director - directs the daily administrative, technical, and supervisory operation of all public works functions that includes the Water and Wastewater Systems, Stormwater, Streets, and Parks Departments. Public Works Foreman - responsible for assigning/prioritizing daily work tasks to the Public Works Department employees and the safe operation of the shop, as well as City infrastructure. Performs supervisory, manual and skilled work to assist in maintenance tasks performed in all public works areas and responds to emergency situations. Maintenance Worker/Water and Sewer Operator - responsible for maintenance of municipal water and wastewater systems and components, safety committee coordinator, operates a variety of equipment, snow plows/sands, performs routine maintenance on City -owned buildings/facilities, and responds to emergency situations. Maintenance Worker - operates a variety of equipment, snow plows/sands, performs routine maintenance on City -owned buildings/facilities, and responds to emergency situations. Field Inspector/Maintenance Worker - Conducts field inspections of designated city projects, operates a variety of equipment, snow plows/sands, performs routine maintenance on City - owned buildings/facilities, and responds to emergency situations. Projected Changes for Staff/Support/Resources: Maintenance Worker (Part-time position 2017 increased to full time in 2020; Part-time position in 2023 increased to full time in 2025) — The position will report directly to the Public Works Foreman. Both positions will be responsible for assisting the Public Works Foreman and existing street/utility maintenance crew in the street, water, sewer, and park functions. The City's water utility continues to grow with housing and minimal commercial development. Staffing will be needed to operate and maintain facilities and infrastructure. Roads, sidewalks and trails will also continue to be constructed and turned over to the City through subdivision 6 development. Additional staff resources will be needed to maintain and replace the growing infrastructure. Lead Maintenance Worker (2018) — The position will be responsible for leading the maintenance workers in the absence of the Public Works Foreman, along with making sure all maintenance tools, vehicles/equipment, and safety gear are in place and in good working order. Operates a variety of equipment, snow plows/sands, performs routine maintenance on City -owned buildings/facilities, and responds to emergency situations. Administrative Assistant to Public Works (2019) — The Administrative Assistant is proposed to move to the Public Works office and will no longer be shared with Planning. In addition to accounting for expected increases in workload, the time previously dedicated to Planning will allow certain tasks to be completed by City staff rather than consultants. 7 Projected Changes for Staff/Support/Resources (dependent on economic conditions, continuation of the same level of service to residents, and staff workloads): Year Position FTE 2017 Maintenance Worker (Part- time) •5 2018 2019 Administrative Assistant to Public Works Community Service Officer 1 •5 2020 Maintenance Worker Patrol Officer .5 1 2021 2022 Patrol Officer 1 2023 Maintenance Worker (Part- •5 time) 2024 2025 Maintenance Worker .5 2026 Projected Additional FTEs 5.5 8 SUCCESSION PLAN PROBLEM IDENTIFICATION AND GAP ANALYSIS BY CITY FUNCTIONS A MAJOR FUNCTIONS C CHANGES BY 2022 D OTHER METHODS E STAFF POSITIONS F # OF FTE BUDGET ED G # OF RETIREMEN TS IN 5 YEARS Police City growth; special needs of aging Joint powers agreements; Police Officers 6 0 population; inability to partnering with Police Sgt. 1 0 obtain part-time licenses social services or Public Safety Director 1 1 Fire Dept. Investigators 2 0 Police City growth; special Technology, job Police Administrative 1 1 Administrative needs of aging population shares, part-time positions Assistant Police Transcriptionist 0.5 0 Public Works City growth; special needs of aging Joint powers agreements; Public Works Director Public Works 1 0 population, needs of new residents for roads, trails, parks, etc. public/private partnerships, part-time positions Foreman Maintenance Workers Water & Sewer Operator 1 2 1 0 Field Inspector 1 0 1 0 Public City growth, special Technology, job Administrative 1 1 Works/Planning needs of aging population, demands of two growing departments shares Assistant to Planning Administrative and Public Works Planning and Zoning City growth; special Technology, job City Planner 1 0 needs of aging population shares, part-time positions Associate Planner 1 0 Finance City growth; special Technology, job Finance Director 1 0 needs of aging population shares, part-time positions Accounting Technician 1 0 Finance Clerk 0.5 Administration City growth; special Technology, job City Administrator 1 0 needs of aging population shares, part-time positions Assistant City Administrator/City 1 0 Clerk Totals 25 4 Highlighted Positions — Positions that may retire in the next 5 years based on years of PERA Service 9 CHART OF CITY DEPARTMENTS and FUNCTIONS CITY DEPARTMENT Public Works SAMPLE FUNCTIONS Street maintenance Snowplowing Water and Sewer operations Park maintenance Facility maintenance Department management (budgeting, planning, staffing, employee relations, etc.) TYPICAL JOB CLASSES Public Works Director Public Works Foreman Maintenance Worker/Water & Sewer Operator Field Inspector/Maintenance Worker Maintenance Worker Administrative Assistant Police Department Patrol Criminal investigation Records management Property & evidence management Department management (budgeting, planning, staffing, employee relations, Public Safety Director Community Service Officer Police Officer Police Sergeant Investigator Administrative Assistant etc.) Transcriptionist Finance Accounts payable and receivable Payroll Utilities billing Financial statements Budgeting Audit preparation Department management (budgeting, planning, staffing, employee relations, etc.) Finance Director/Treasurer Accounting Technician Finance Clerk Administration City Council liaison Communications and media relations City management (goal -setting, staffing, legal compliance, risk management, administrative policy development, etc.) Human Resource administration Information Technology/Consultant Election Administration City Administrator Assistant City Administrator/City Clerk Data Practices/Records Retention Licensing Department management (budgeting, planning, staffing, employee relations, etc.) 10 Planning and Zoning Plan review City Planner Building inspection Associate City Planner Code compliance Administrative Assistant Zoning Long range planning (Comprehensive Plan) Department management (budgeting, planning, staffing, employee relations, etc.) Conclusion It is an honor and privilege to serve as the Medina City Administrator and to provide the staff Needs Analysis and Succession Plan Report. The report reflects the historical staffing philosophy which values a smaller staff that fulfills a wide variety of roles in the organization. I am confident the proposed plan will provide the staffing levels necessary to provide the customer service levels expected in our community and to also be good stewards of our tax levy. I request your acceptance of the report and understand that implementation of the recommendations may be influenced by the economy and other unexpected variables. 11 Staff Needs Budget Analysis 2017 Add Part -Time Maintenance 2019 Admin Asst to Full-time in PW (currently 65%)* 2019 Add Part-time CSO 2020 Add Full-time Police Officer 2020 Part-time Maintenance to Full-time 2022 Add Full-time Police Officer 2023 Add Part-time Maintenance 2025 Part-time Maintenance to Full-time Salaries 20,800.00 21,889.00 14,560.00 51,043.00 47,736.00 51,043.00 20,800.00 47,736.00 Benefits $ Already Provided 30,000.00 30,000.00 30,000.00 30,000.00 $ 207,071.00 $ 90,000.00 Budget Implications Salaries Benefits Possible Budget Impact 2017 2019 2020 2022 2023 2024 2025 20,800.00 36,449.00 77,979.00 51,043.00 20,800.00 $26,936.00 $ - $ - $ 60,000.00 $ 30,000.00 $ - $ - $ 30,000.00 20,800.00 36,449.00 137,979.00 81,043.00 20,800.00 56,936.00 $ 207,071.00 $ 90,000.00 $ *This will be a $21,889 savings in planning - but possibly kept in the budget for admin services in planning 276,271.00 MEDINA 1.40 Organizational Chart Seasonal Election/ Administration Staff Vacant Police Sergeant Jason Nelson Residents (City Council Planning Commission Park Commission Cd Hoc Committees Assistant City Administrator -City Clerk Jodi Gallup City Administrator Scott Johnson City Engineer — Jim Stremel, WSB City Attorney - Ron Batty, Kennedy & Graven City Prosecutor — Steve Tallen, Tallen & Assoc. Planning Consultant —Nate Sparks, NAC Building Inspector — Loren Kohnen, Metro West Fire Marshal — Loren Kohnen, Metro West Assessor — Rolf Erickson, Southwest Assessing Finance Consultant — Joe Rigdon, KDV Other Contracted Services Public Safety Director Ed Belland C 1 Finance Director Erin Barnhart Admin Assistant Accounting Technician Cec Vieau Jennifer Altendorf Investigators Transcriptionist/Finance Clerk Kevin Boecker & Dave Hall Anne Klaers City Planner Dusty Finke Associate Planner Deb Peterson GIS and Planning Intern Patrol Officers — Chris McGill, Jeremiah Jessen, Keith Converse, Vacant Tom Gregory, Josh McKinley, Craig Swalchick Community Service Officer Andrew Scharf Reserve Officers — Mike Chorley, Todd Larson, John Cowle, Jake Rosckes, Ron Dahl, Mark Ihrke, Jeff Kordiak, Public Works Director Steve Scherer Assistant to (Admin. nning & Public Works Linda Lane I Seasonal Maintenance Worker Vacant _ Public Works Foreman Ivan Dingmann __(.., Field Inspector Jack Gleason Water & Sewer Operator Greg Leuer Public Works Maintenance Workers Derek Reinking Joe Ende I Updated 04.19.2017 MEDINA 1.40 Organizational Chart Seasonal Election/ Administration Staff Vacant Police Sergeant Jason Nelson Residents (City Council Planning Commission Park Commission Cd Hoc Committees Assistant City Administrator -City Clerk Jodi Gallup City Administrator Scott Johnson City Engineer — Jim Stremel, WSB City Attorney - Ron Batty, Kennedy & Graven City Prosecutor — Steve Tallen, Tallen & Assoc. Planning Consultant —Nate Sparks, NAC Building Inspector — Loren Kohnen, Metro West Fire Marshal — Loren Kohnen, Metro West Assessor — Rolf Erickson, Southwest Assessing Finance Consultant — Joe Rigdon, KDV Other Contracted Services Public Safety Director Ed Belland C 1 Finance Director Erin Barnhart Admin Assistant Accounting Technician Cec Vieau Jennifer Altendorf Investigators Transcriptionist/Finance Clerk Kevin Boecker & Dave Hall Anne Klaers City Planner Dusty Finke Associate Planner Deb Peterson GIS and Planning Intern Patrol Officers — Chris McGill, Jeremiah Jessen, Keith Converse, Vacant Tom Gregory, Josh McKinley, Craig Swalchick Community Service Officer Andrew Scharf Reserve Officers — Mike Chorley, Todd Larson, John Cowle, Jake Rosckes, Ron Dahl, Mark Ihrke, Jeff Kordiak, Public Works Director Steve Scherer Assistant to (Admin. nning & Public Works Linda Lane I Seasonal Maintenance Worker Vacant _ Public Works Foreman Ivan Dingmann __(.., Field Inspector Jack Gleason Water & Sewer Operator Greg Leuer Public Works Maintenance Workers Derek Reinking Joe Ende I Updated 04.19.2017 Agenda Item # 5B SEAL COATING SERVICES AGREEMENT This Agreement is made this 2nd day of May 2017, by and between Pearson Brothers, Inc., 11079 Lamont Avenue N.E., Hanover, MN 55341 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 seal coating services; and 2. The City has approved the contract for seal coating services with the Contractor; and 3. The parties wish to define the scope of services and teims of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform seal coating services for the City. "Seal Coating Services" will consist of installation of seal coating, according to the specifications listed on the attached Exhibit A and materials listed in 3.0 below. Public Works Director will provide a detailed map to contractor at time of installation. 2.0. TERM. The term and prices of this contract shall remain in effect from August 2017 until November 2017, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor according to the square yard pricing listed below: ITEM NO. 11A — Seal Coating, Installed, Including Pre -Sweeping, CRS-2 Liquid Asphalt at .27 Gallons/Sq Yd, 1/8" Trap Rock at 25 Ibs/Sq Yd, Area Rolled With Two Eleven Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings) • 0-25,000 Sq. yds. $ 1.20 • 25-50,000 Sq. yds. $ 1.20 • 50-75,000 Sq. yds. $ 1.19 • 75-100,000 Sq. yds. $ 1.19 ITEM NO. 11 B — Seal Coating, Installed, Including Pre -Sweeping, CRS-2 Liquid Asphalt at .30 Gallons/Sq Yd, FA2 Granite at 28 Ibs/Sq Yd, Area Rolled With Two Eleven Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings) • 0-25,000 Sq. yds. $ 1.20 • 25-50,000 Sq. yds. $ 1.20 • 50-75,000 Sq. yds. $ 1.20 • 75-100,000 Sq. yds. $ 1.20 1 3.01 Length and width of paved area will vary. Payment and Performance Bond shall be required and shall be included in the bid price. 3.02 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. 4.02 The Contractor will supply and use its own equipment and tools, as well as traffic control, to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 4.04 The Contractor acknowledges that all OSHA Safety requirements will be in place at all times. 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. 2 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 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 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either 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 Jodi M.Gallup, City Clerk PEARSON BROTHERS INC. (CONTRACTOR) By 3 EXHIBIT A BITUMINOUS SEALCOAT MATERIALS SPECIFICATIONS TABLE OF CONTENTS INDEX 2017 STREET MAINTENANCE MATERIALS SPECIFICATIONS 1.00 Bituminous Sealcoat 1.01 Scope of Work S-1 1.02 Inspection and Supervision S-1 1.03 Specifications Which Apply S-1 1.04 Starting Date S-1 1.05 Completion Schedule S-1 1.06 Coordination of Work S-1 1.07 Preconstruction Conferences S-2 1.08 Commencing Work S-2 1.09 Traffic Control S-2 1.10 Protecting Utilities and Property S-3 1.11 Bituminous Sealcoat Material S-3 1.12 Equipment S-3 1.13 Calibration S-4 1.14 Personnel S-4 1.15 Road Surface Preparations S-5 1.16 Rolling Operations S-5 1.17 Sealcoat Application S-5 1.18 Protection of Surface S-5 1.19 Uniform Surface Appearance S-6 1.20 Sweeping and Disposal of Excess Aggregate S-6 1.21 Application of Blotting Material S-6 1.22 Method of Measurement and Payment S-6 1.23 Quantity Adjustments S-6 1.24 Liquidated Damages S-7 1.25 Emergency Response S-7 1.26 Sampling and Testing S-7 1.27 Conflict between Unit Prices and Extended Amounts S-7 1.28 Guarantee S-7 1.00 BITUMINOUS SEALCOAT: 1.01 SCOPE OF WORK: The work to be done under this contract includes the furnishing of all labor, materials, transportation, tools, supplies, plant equipment, etc., necessary for the complete and satisfactory construction and installation of sealcoating shown on the maps attached to these specifications. 1.02 INSPECTION AND SUPERVISION: The City Public Works Director, or their authorized representative, will provide the necessary inspection for all work under this contract taking place within the City of Medina. The Public Works Director may also designate a consulting engineer who may provide necessary inspection for all work under this contract. The Contractor shall give the City 48 hours notice prior to beginning work or resuming work on this project. 1.03 SPECIFICATIONS WHICH APPLY: The specifications of the Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (with all addenda and supplements as of the date of these specifications). Section 2356 "Bituminous Sealcoat" shall apply using English measurements, except as further modified in these Special Conditions as follows: 1.04 STARTING DATE: The target start date for this project shall be mutually decided by the Contractor and the City Public Works Director, or his designee. 1.05 COMPLETION SCHEDULE: All work under this contract shall be completed on or before September 6, 2017, except street sweeping. Liquidated damages ($300/day) will be assessed if the work is not completed on time. 1.06 COORDINATION OF WORK: Throughout the project the Contractor shall coordinate his work with operations being carried out by City forces, utility companies and/or other contractors. Access shall be maintained as much as possible. The Contractor shall notify those affected of the periods of time that accesses must be closed. The Contractor shall be required to secure a staging area, approved by the Public Works Director, prior to starting work. The Contractor shall perform the work in a manner that will ensure completion within the time set in the contract. In case of failure to perform the work in such a manner, the City shall have the right to require the Contractor to place in operation such additional forces and equipment as deemed necessary. 1.07 PRECONSTRUCTION CONFERENCES: Prior to the start of any work, following execution of the contract, there will be a preconstruction conference arranged by the Medina Public Works Department. 1.08 COMMENCING WORK: The Contractor shall notify Public Works Director Steve Scherer of their intentions to commence work at least two days (excluding holidays and Saturdays and Sundays) prior to moving onto the work site. No work shall be started until the contract has been executed and the Contractor has fulfilled all preliminary requirements. Also, prior to the start of any work, the Contractor shall submit to the Public Works Director for approval, a written time schedule, sequence of moves, and other pertinent information as required by the City of Medina Public Works Department. 1.09 TRAFFIC CONTROL: All required maintenance of contract construction items shall be in accordance with the provisions of MnDOT 1404, 1514, and 1515 with the added stipulations. The Contractor is responsible for maintenance, control, and safeguard of traffic within and immediately abutting the project in accordance with MnDOT Field Manual on Temporary Traffic Control Zone layouts. The Contractor is responsible for providing and maintaining all traffic control devices. The Contractor shall furnish, erect and maintain warning lights, temporary fence, and barricades as required to adequately warn and protect the public from hazardous protrusions, materials, excavations, etc., resulting directly or indirectly from the construction. The Contractor shall provide all flaggers (minimum of two), barricades, signs, and other traffic control devices as required during the construction operations at no additional cost to the City. All traffic control devices shall conform to the Minnesota Manual on Uniform Traffic Control Devices. Signs shall be posted to limit speeds to maximum 20 mph. Signs, like MnDOT W21-2 in size (30" x 30") and color designating "Loose Rock" shall be posted at all access points to neighborhoods or streets where sealcoating is taking place. All signs are to be installed by the Contractor prior to sealcoating and removed by the Contractor within 48 hours after the streets are swept after sealcoating. Payment for installation of these provided signs shall be incidental to the work and no additional compensation will be paid. Traffic control includes signing streets with temporary `No Parking for Street Maintenance" signs a minimum of 24 hours and a maximum of 36 hours before work is to begin. The maximum distance between signs shall be 500 feet with at least two signs per block. It is the responsibility of the Contractor to provide and install and remove temporary no parking signs. Efforts should be made to coordinate with residents and businesses the day before and early morning to keep the street clear of vehicles. Special care shall be taken to move vehicles that may be hit by bituminous material over -spray. The Contractor is responsible for any vehicle cleaning or repainting. 1.10 PROTECTING UTILITIES AND PROPERTY: The Contractor shall furnish a person and materials to carefully cover manhole covers, catch basin grates and watermain valve box covers with suitable paper covers and sand immediately prior to applying bituminous material to those same structures. Directly after sealcoating, all material on the structures will be hand shoveled/swept to ensure that no material is placed on the seal coated street and that all material is removed from the structure. If structures are not covered and are seal coated over and cannot be opened easily, the Contractor shall be charged $100.00/hour for time spent by City forces to open and clean these items. The Contractor shall be responsible for protecting all property from damage due to drifting bituminous material and aggregate. 1.11 BITUMINOUS SEALCOAT MATERIAL: CLASS "A" AGGREGATE SEALCOAT (STREETS, TRAILS AND PARKING LOTS) - This work shall meet the requirements of MnDOT Specification 2356 for Bituminous Seal Coat with the following modifications: Bituminous material will be emulsified asphalt, cationic, CRS-2 or polymer modified cationic CRS-2P and shall conform with MnDOT Specification 3151. Aggregate material shall conform in composition to MnDOT Specification 3137 for Class "A" aggregate and to 3127 for gradation and quality for FA-2 and FA-2 (modified 1/8") requirements. The base bid shall be all dresser trap rock. An alternate bid shall also be provided for all granite material. Polymer material shall conform to MnDOT Specifications 3161 for coating and anti - stripping additives. All materials shall comply with the most recent version of the MNDOT Specification. Materials found to fail testing and quality requirements as outlined in these specifications shall be paid at reduced prices for all materials represented by that sample as outlined in the MNDOT Specifications. The sealcoat application range is: 1) Where FA-2 Class "A" is used, it shall be applied at a rate of 20-25 pounds per square yard with 0.26-0.28 gallons per square yard of CRS-2 or CRS-2P. 2) Where FA-2 (Modified 1/8") Class "A" is used, application rates shall be the same as FA-2 Class "A". 3) On older, more textured pavements, the inspector may adjust the application rate higher than the specified range for emulsion to provide proper aggregate chip embedment. Bituminous seal material shall be applied at a rate as directed by the Engineer. Application rates will be determined based on the condition of each area to be sealed. 1.12 EQUIPMENT: Sweepers shall be "pick-up" type only, capable of non -streak sweeping and spray bar water applications for dust control. Minimum of one machine required on project throughout sealcoat application, and minimum of two machines required for excess aggregate pick up. Also, one tandem axle dump truck per sweeper required for hauling excess sweepings from project. Asphalt distributor shall be two thousand (2000) gallon minimum capacity, capable of applying a 16 foot width of bituminous material at a computer calibrated rate of application. Minimum of two machines required. Aggregate spreader shall be a self propelled type, capable of applying a 16 foot width of aggregate material at a calibrated rate of application. Rollers shall be eleven wheel, self propelled, pneumatic tire type Minimum of two rollers required. Each pneumatic -tired roller will have a total compacting width of not less than 60 inches and will have a minimum ground contract pressure of 80 psi. 1.13 CALIBRATION: The Contractor shall be required to demonstrate proof that the equipment being used is distributing aggregate and emulsion at the rates specified herein. Aggregate distribution rates shall be verified at each equipment setup location. 1.14 PERSONNEL: All assigned personnel shall demonstrate to the satisfaction of the Public Works Director or his designee, the ability to operate the piece of equipment to which they are assigned. 1.15 ROAD SURFACE PREPARATIONS: Patching and crack sealing of the streets designated for sealcoating, and adjustment of valve boxes and manhole castings will be performed by the City at no cost to the Contractor. Pre -sweeping of streets shall be completed by the Contractor as part of this project with no additional payment made by the City. The sweeping operation shall provide a clean street prior to starting the sealcoat operation. 1.16 ROLLING OPERATIONS: Complete the initial rolling within 2 minutes after applying the aggregate. Proceed at a recommended speed less than or equal to 8 km per hour (5 miles per hour) to prevent turning over aggregate. Make a minimum of three complete passes over the aggregate before continuing the operation. Roll the aggregate so the entire width of the treatment area is covered in one pass of all the rollers. The total compacting width of each pneumatic -tired roller shall exceed 1.5 m (5 ft). 1.17 SEALCOAT APPLICATION: Furnishing, application, aggregate covering and curing shall be accomplished in accordance with MnDOT Specification 2356. Starting times each morning during sealcoat application vary based upon weather conditions that day; i.e. humidity, temperature, etc. In general, sealcoat operations shall be conducted only during the daylight hours when the air temperature is between 60°F and 95°F, when the relative humidity is less than 75%, and the road surface is dry. The City's field representative shall determine each day's starting time based upon those conditions. Bituminous materials shall be placed at a temperature of 125°F to 185°F and at rates designated by the City's designee. Cover aggregate shall be applied within 1 minute of the emulsified asphalt at a rate designated by the City's designee. The speed of the spreader will be such that the stones are not rolling over. The aggregate shall be spread in one operation in such a manner that an 8 inch strip of emulsified asphalt is left exposed along the longitudinal center to form a lap for succeeding applications of emulsion. If necessary, thin or bare spots in the spread of aggregates will be corrected by hand spreading or other methods subject to approval of the Public Works Director. A clear straight line at the edge of the pavement next to the concrete gutter shall be maintained. All streets shall be seal coated to incorporate all adjacent radii as directed by the City's field representative. Application ends shall result in a straight continuous line. 1.18 PROTECTION OF SURFACE: Concrete surfaces such as concrete curb & gutter sections, triangular sections, and cross gutters shall be kept clean from bituminous material so that aggregate does not build up and block drainage. The Contractor shall clean any concrete surface as required by the Public Works Department. Sections of the streets shall be closed to traffic before the bituminous material is applied on the surface and no traffic shall be permitted on the sealed road surface until after all rolling has been completed and the bituminous material set to a degree satisfactory to the Public Works Department personnel and the material will not pick up on vehicle tires. All required flagmen, barricades, warning signs, traffic cones, and other traffic control devices will be the responsibility of the Contractor for the proper execution of the work. These traffic control devices shall be placed so as to effectively restrict traffic flow on the streets being surfaced. At the preconstruction conference, the Contractor shall provide the Public Works Depallnent with a plan indicating the devices and procedures to be utilized to protect the surface during bituminous cure. The Public Works Department may recommend changes to the plan and these changes shall be incorporated into the plan at no additional cost to the City. 1.19 UNIFORM SURFACE APPEARANCE: All areas to be seal coated shall have a uniform aggregate cover base on the specified application rate. This includes street intersection radius areas and any other special areas which may require special application procedures. When complete, there should be no flushing and/or bleeding at the surface and the finished sealcoat should have a uniform surface appearance. 1.20 SWEEPING AND DISPOSAL OF EXCESS AGGREGATE: Sweeping and re -sweeping will be done as directed by the Public Works Director and discussed at the pre -con meeting. 1.21 APPLICATION OF BLOTTING MATERIAL: The Contractor shall apply sand blotting material where bleeding is detected as directed by Public Works Director. There shall be no additional compensation for time or materials for blotting streets that bleed through. 1.22 METHOD OF MEASUREMENT AND PAYMENT: The unit price, on the basis of gallons for bituminous material and square yards for aggregate material, shall include the cost of all materials, equipment used, and other necessary work related to this project. The unit price, on the basis of gallons or square yards, shall include installation of bituminous material and aggregate material applied at the specified application rates. Measurement of square yard area of each street shall be done centerline to centerline. Radiuses at intersections are incidental. All other work shall be considered incidental to the project. The volume of bituminous material (gallons) will be established by bills of lading of delivery tankers and by measurement of distribution trucks when necessary. Payments (two) for this project shall be as follows (supersedes GC 24). At Certified Substantial Completion - 95% At Certified Final Completion - Remaining 5% Payments will be processed in the next available accounts payable cycle after certification. Final payment requires Contractor submissions - see Page 4. Contractor will submit a separate itemized invoice to the City of Medina for the work performed. The City shall pay invoiced amounts directly to the Contractor. 1.23 QUANTITY ADJUSTMENTS: The City reserves the right to add or delete streets; adjusting quantities respectively, to equal a dollar amount budgeted for this type of street maintenance. Twenty-five percent (25%) shall be the maximum adjustment without possible adjustment to bid unit price. 1.24 LIQUIDATED DAMAGES: The Contractor guarantees that he/she can and will complete the work within the time limit stated in Contract Documents, or within the time as extended provided elsewhere in the Contract Documents. Inasmuch as the damage and loss to the City which will result from the failure of the Contractor to complete the work within the stipulated time will be most difficult or impossible of accurate assessment, the damage to the Owners for such delay shall be liquidated at a daily rate of $300.00 for each calendar day, Sundays and holidays included, beyond the completion date as originally determined or as extended. The liquidated damages shall not be considered a penalty. The City has the right to deduct and retain out of any money due, or to become due to the Contractor, the amount of liquidated damages accrued, and in case those amounts are less than the amount of liquidated damages, the Contractor shall pay the difference upon demand. The City shall not be deemed to have forfeited or waived its right to liquidated damages by permitting the Contractor to continue work on the project beyond the completion date, nor by assuming control of the Contractor's obligations and completing the project as provided for in this contract, nor by terminating this contract as provided herein. 1.25 EMERGENCY RESPONSE: During the contract period it may be necessary to have contracted work done on an emergency basis. The City shall have the right to require the Contractor, upon 24 hours notice (verbal or written), to respond to such request. In case of failure to perform the work, the City shall have the right to have other non -contractual forces complete requested work. All costs in excess of unit price bid shall be deducted from the Contractor's final payment. 1.26 SAMPLING AND TESTING: All bidders shall furnish certification that materials furnished meet specification for both asphalt and aggregates. Said certifications shall be by an approved testing laboratory. The City reserves the right to make any further tests deemed necessary to insure work meets the required specification. Said tests are to be made at the Contractor's expense. 1.27 CONFLICT BETWEEN UNIT PRICES AND EXTENDED AMOUNT: In the event of a conflict between the unit price written in a proposal and the product of that unit and the proposal quantity, the unit price will govern. Similarly, in the case of a conflict between a written incorrect total bid amount, the correct total will govern. 1.28 GUARANTEE: As noted in the General Conditions, the Contractor shall guarantee the work for a period of one year from the date of final acceptance. Unless otherwise approved by the City Public Works Director, warranty repair work for the sealcoat portion of the project shall be completed in full lane widths. Work shall be completed such that segments less than 100' in length shall be continuously covered until all areas requiring warranty work have been covered. Agenda Item # SC MILL AND PAVING SERVICES AGREEMENT This Agreement is made this 2nd day of May 2017, by and between Omann Brothers Inc., 6551 LaBeaux Avenue NE, Albertville, MN 55301, 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 mill and paving services; and 2. The City has approved the contract for mill and paving 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 mill and paving services for the City. "Mill and Paving Services" will consist of milling bituminous surface at depth per square yard (including milling removal) and paving of three roads, which will include placement of approximately 1200 tons of bituminous, including tack oil; as well as additional bituminous placement for other 2017 paving projects, at the discretion of the Medina Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from May 2017 until the end of November 2017 or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor for Mill and Overlay Services according to the above 1.0 Scope of Services at the following 2017 Road Material Bid rates: Mill Bituminous surface at depth per square yard (including removal): • $1.75 per square yard for 0" to 2" of bituminous milling • $2.50 per square yard for 2" to 4" of bituminous milling • $4.20 per square yard for 4" to 6" of bituminous milling Bituminous mixture used for 2015 paving projects at the following Road Material Bid rate: • $59.70 for MN-D.O.T. SPNWB230(B) Mix, placed on streets • $62.25 for MN-D.O.T. SPNWB330(B) Mix, placed on streets • $59.75 for MN-D.O.T. SPWEB240(B) Mix, placed on streets • $64.75 for MN-D.O.T. SPWEB340(C) Mix, placed on streets • $85.25 for MN-D.O.T. SPWEA240(B) Mix, placed on trails The Contractor will receive additional compensation for Bituminous Curb Installation at a cost of $5.00/LF, as well as a rate of $475/hr. and a mobilization fee of $500 for miscellaneous milling. 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. 1 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 and tools, as well as traffic control, to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor shall 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 2 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. 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 OMANN BROTHERS, INC. (CONTRACTOR) By 3 Agenda Item # 7A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Debra Peterson, Assoc. Planner through City Administrator Scott Johnson DATE: April 27, 2017 MEETING: May 2, 2017 City Council SUBJ: Molde—Animal Structure Setback Variance-4035 Apache Dr Public Hearing Review Deadline Complete Application Received: March 15, 2017 Review Deadline: July 12, 2015 Overview of Request Joe Molde has requested a variance to reduce the required setback for a small animal structure from 150 feet to 40 feet. The applicant proposes to house chickens on the property, but there are no locations to construct a coop that would meet the required 150 foot setback. The subject site is 3.5 acres in area and includes the home and pole barn. The property is triangular in shape and has wetlands on the southern half. Easements occupy the east and west property lines. The applicant proposes to place the small chicken coop between the house and pole barn. An aerial photograph of the site can be found at the top of the following page. The subject property is zoned Rural Residential (RR). According to the district "Livestock or traditional farm animals are permitted on properties two acres or larger at a maximum density of one animal unit for the first two Grazable Acres of land and one additional animal unit for each Grazable Acre of land thereafter." The subject site includes approximately just over one Grazable Acre and is 3.5 gross acres in area. The RR district would permit one animal unit for the first two acres of land and one additional animal unit for each Grazable Acre of land thereafter. The subject property would be allowed approximately 0.6 animal units. One-half animal unit is equivalent to one llama or 50 chickens. However, a structure for animals is required to be setback 150 feet from property lines. Because of the shape of the lot, and easements there are no locations on the site which could meet this setback. The applicant proposes a small shed no larger than 144 square feet to be set 40 feet from the northern property line. The shed would be over 150 feet from the two neighboring driveways to the east and west. The property owner to the north contacted staff and stated they did not have any concern with a chicken coop being 40 feet from their property line. In a previous Variance request, a condition of the variance was to have a more stringent condition on the number of animal units allowed on the property. Perhaps limiting the number of animal units from .6 to .3 is an option. In a different zoning district (RR1) within the City we require only a 75 foot setback for animal structures, and place limitations on the number of horses permitted on a property at two. It appears that the chicken coop could be located south of the existing driveway, which could increase the set back over 75 feet from all property lines in order to reduce the setback variance. The applicant argues that this location is too close to the Joe Molde Page 1 of 4 May 2, 2017 Animal Structure Setback Variance City Council Meeting wetland and would not be practical. In addition, the location would then be less than 150 feet from the southern property line requiring two variances in order to increase the setback from the northern line. The proposed location would only require a single variance from the northern property line, albeit a larger variance. Analysis According to Subd. 2 of Section 825.45 of the City Code, the City is required to consider the following criteria when reviewing a variance request: "Subd. 2. Criteria for Granting Variances. (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance Economic considerations alone do not constitute a practical difficulty. In order for a practical difficult to be established, all of the following criteria shall be met: (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable Joe Molde Page 2 of 4 May 2, 2017 Animal Structure Setback Variance City Council Meeting manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality." Staff believes the variance has little bearing on the Comprehensive Plan and is certainly not inconsistent with the Plan. Staff does not believe the variance would alter the essential character of the locality. The triangular shape of the lot is unique, as is the fact that the lot is uniquely small for a rural lot, having been created prior to more current standards. The circumstances are also unique because the lot is burdened by right-of-way and a driveway easement and includes a fair amount of wetlands. It appears the primary questions are whether the proposed use is reasonable and if the variance is consistent with the purpose and intent of the ordinance. The proposed use is, on its face reasonable, since animals are permitted on the property but with no location for a smaller chicken coop shelter. It may be reasonable to find the opposite: the fact that a location for a shelter cannot be found that meets setbacks could suggest that keeping animals on the property is not a reasonable use. Staff does believe that the 150 foot setback was established with larger livestock in mind The purpose would appear to be to limit the impact the animals may have on adjoining owners. It could be reasonably argued that the limitation of animal units in this case serves a similar purpose and intent in limiting impacts. Staff does not oppose the variance. The adjacent property to the north which is closest to the coop is very wooded and is naturally screened. Staff also believes limiting the animal units to 0.3 would also help limit impacts. Staff has noted an increase in smaller rural lots seeking chicken coops, corresponding to the recent increase interest in keeping chickens. As a result, additional property owners may face similar difficulties. If the Council believes it is appropriate to have a lower setback for small chicken coops than are required for larger animal barns, staff believes it may be worth evaluating the requirement for potential amendment. Planning Commission Recommendation The Planning Commission reviewed the variance request at their April 11 meeting. An excerpt from the meeting minutes is attached for reference. Following a brief discussion, the Commission found that the variance criteria were met and unanimously recommended approval subject to the following conditions: 1) The maximum animal units permitted to be kept on the property shall be reduced by 50%. 2) The applicant shall not remove any of the vegetation surrounding the proposed animal structure without replacing on an inch:inch basis. Joe Molde Page 3 of 4 May 2, 2017 Animal Structure Setback Variance City Council Meeting 3) The applicant shall utilize the variance within one year of approval, or the variance shall be considered null and void. 4) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the variance and other relevant documents. Potential Motion Before considering the variance request, the City Council should first hold a public hearing, sitting as the Board of Adjustments and Appeals. Following the hearing, if the Council finds that the variance criteria are met, the following motion would be in order: Move to direct staff to prepare a resolution of approval based upon the findings noted in the staff report and subject to conditions recommended by the Planning Commission. Attachments 1. Document List 2. Excerpt from DRAFT 4/11/2017 PC meeting minutes 3. Applicant Narrative received 3/29/17 4. Survey received by the City 3/29/17 Joe Molde Page 4 of 4 May 2, 2017 Animal Structure Setback Variance City Council Meeting Project: LR-17-198 — Molde Variance The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 3/15/17 3/15/17 5 Yes Yes Fee 3/15/17 3/15/17 Yes Yes $1000.00 Mailing Labels 3/15/17 3/15/17 3 Yes Yes Narrative 3/15/17 3/15/17 1 Yes Yes Updated Narrative 3/29/17 3/29/17 1 Yes Yes Survey 3/15/17 3/29/17 1 Yes Yes Updated Survey 3/29/17 3/29/17 1 Yes Yes Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes PH Mailing with affidavit of mailing 3/31/17 5 No Planning email (Peterson) sent to DRC 3/22/17 1 Yes Email for review Planning email (Finke) to applic - 3/27/17 1 Yes Planning review comments to applicant Planning Commission report 4/4/2017 4 Yes 8 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minute excerpt 4/11/2017 Y 4/3/17 Calvin E. Ladd of 4125 Apache Dr. Medina, contacted staff asking about Variance request. He stated he did not have any issues with the coop being placed 40 feet from his southern property line. Medina Planning Commission Excerpt from DRAFT 4/11/2017 Meeting Minutes Joseph Molde — 4035 Apache Drive — Variance from 150 Foot Animal Structure Setback for a Proposed Chicken Coop Finke presented a request for a variance to the 150-foot animal structure setback for a proposed chicken coop. He stated that because of the shape and right-of-way included on the property, there is no location on the site that would meet the required setback. He identified the proposed chicken coop location. He reviewed the criteria that must be considered when reviewing a variance criteria. He noted that this is a unique property because of the smaller size, as the lot was created before the five - acre minimum for rural residential lots and because of the wetland locations. He stated that staff does not oppose the variance and also had discussion on whether this was an appropriate setback for a chicken coop. He provided additional details on how the maximum number of chickens was calculated. Murrin asked for clarification on how the maximum number of chickens would be calculated. Finke provided additional details. Reid stated that it certainly meets the variance criteria as the situation is unique to the property. She noted that the property to the north is quite wooded and therefore there will not be a visual impact. Barry asked if there would be a pen or whether the chickens would be free range. The applicant replied that the chickens would be free range, but there would be a pen around the area. Motion by Reid, seconded by Albers, to recommend approval of the variance based upon the findings noted in the staff report and subject to the conditions recommended by staff. Motion carries unanimously. (Absent: Rengel) 1 To who it may concern, 3/29/2017 We are requesting a variance for a chicken coop. The most adequate space for this would be approximately 40" from the property line 5 feet north of the corner of our mound system. This will be a dry safe place for our chicken coop, as all of our property south of the gravel drive is wetland, west of the house has a septic and mound system, and south of the lean to is wetland and on a hill. We would like to have an approximate 12x12 building & run to accommodate approximately 10 chickens for egg laying. IIECEOVE MAR 2 9 2017 ij Certificate of Survey 4-1 \T-4 to \cfj-1 858.00 (52 rods) \. .\. North Line of the SW ki of Sec. 4 Pole Born — \ \ \ \ \ Leon -to 56.25 (30.5\rods) I t 1 : +\ \ i 'ep \ \ 1(691',. ..- Line Porollel withk, \ t.' t .../ \\\ \ ,..• the East Line of ‘ \ .. ‘ \ X the SE kt of the—\-------- \ , + ...< \ SW kf of Sec. 4 1\ '"--- N \ \ i l , N. ----, eptioN.N.,----... , , ..,,„ \ \ 0 \ , \ \ i 1 ---.. 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T. 116 •i . %co . .(e) „ of Wt. e Southeast )f Section 4, in ty, Minnesoto I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Requested By: Joe Molde • Paul E. Otto License #40062 Date: 11 -16-16 Date: 11-11-16 Drawn By: T.J.B. Scale: 1"-60' Checked By. P .E Agenda Item # 7B MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through Scott Johnson DATE: April 26, 2017 MEETING: May 2, 2017 City Council Meeting SUBJ: Elim Care Assisted Living/Nursing Home Concept — PID 30-118-23-23-0001 Summary of Request Elim Care has requested review of a concept plan for development of a three-story mixed senior care and housing facility at the northeast corner of Highway 12 and County Road 29. The concept shows 134 units, with a mix of skilled nursing care, assisted living, memory care, and independent living. The subject site is guided for Commercial development in the 2010-2030 Comprehensive Plan and is zoned Commercial -Highway (CH). The Commercial land use does not permit the proposed use. The draft 2020-2040 Comprehensive Plan update proposes to change the future land use of the subject property to High Density Residential (HDR). At this time, the proposed uses are generally permitted in the districts which are intended to implement the HDR land use. However, the Comp Plan update is still under review. The six-month timeframe for affected jurisdictions to comment on the City's plan is just beginning, and the City will need to evaluate these comments prior to approving the plan update and submitting to the Met Council for approval. The update is anticipated to be in effect in early 2018. The applicant desires to begin construction in the spring of 2018, but has indicated that they need to secure land use approvals this year. The applicant recognizes that the City is in the process of updating the Comprehensive Plan and that staff has recommended against the City granting approval until after the Comp Plan update is in effect. The applicant has submitted the concept plan in order to indicate their intention and to solicit feedback in order to expedite their formal submission at a later time. The applicant is also considering presenting different processes they hope would make the City comfortable considering and perhaps granting land use approvals in 2017, recognizing the construction would not begin until after the Comp Plan update is adopted. The subject site is currently vacant. A large wetland is located through the center of the property, dividing it roughly in half. There are scattered trees on the site, with a larger stand of trees in the northwest corner of the site. Baker Park Preserve is located to the east and north of the site, Highway 12 to the south, and commercial property to the west. An aerial of the subject property and surrounding lands can be found at the top of the following page. Elim Care Concept Plan Page 1 of 6 May 2, 2017 City Council Meeting Concept Plan The applicant's concept plan includes the construction of a three story building with an approximate footprint of 60,000 s.f. on Lot 1. At this time, the applicant is still determining the appropriate mix of units, which will affect the overall size of the structure, as some of the wings of the building are likely to be two-story. The concept plan shows underground parking, with additional surface parking to the east of the building. The concept plan also shows how the footprint of a multi -family development could be arranged on Lot 2, the land east of the wetland. The applicant has not submitted details on this development because they do not intend to carry forward with it in the near term. Staff reviewed the concept plan compared to the requirements of the R-4 zoning district, which is the most similar district currently in the zoning code for the HDR land use. It appears that changes will be necessary to the R-4 zoning district in order to account for the updated density range of the HDR land use in the Comp Plan update. In fact, the City could ultimately decide to Elim Care Concept Plan Page 2 of 6 May 2, 2017 City Council Meeting zone the property into another district or create a new district. As such, all of the standards are subject to change following the Comprehensive Plan update. The following table summarizes the dimensional standards of the R-4 zoning district compared to the concept plan. The items highlighted in yellow would need to be adjusted in order to comply. R-4 District Requirement Lot 1 Proposed Lot 2 Proposed Minimum Lot Size Based on density; To be adjusted 3.28 acre 4.27 acre Setback from Exterior of Site 20 feet 20 feet (building) 25 feet Increased Setback for 3-story 40 feet 20 feet Minimum Street Setback Private 25 feet Local 40 feet 20 feet Minor Collector 50 feet N/A N/A Arterial 50 feet 150 feet 55 feet Minimum Driveway Setback 10 feet 0 feet; 7 feet 163 feet Maximum Impervious 60% 40% 23% Surfaces Building Design Conceptual elevations were provided for the senior care building, as well as photographs of two existing Elim Care facilities. All buildings will need to be designed according to R-4 district standards. The elevations appear to be predominantly lap siding. Current R-4 regulations state that exterior materials for nursing homes and assisted living facilities: "shall consist of the following materials: brick, natural stone, stucco, Exterior Insulation and Finish System or similar product, copper, glass, decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. A maximum of 20 percent of the vertical building exterior may be metal or fiber cement lap siding or other materials approved by the city, if used as accent materials which are integrated into the overall building design." It would appear that the applicant would need to reduce the amount of lap siding in order to comply. The R-4 district requires modulation of the building fagade a minimum of once per 50 feet. The conceptual renderings would appear to meet this requirement, but it should be noted upon formal submission. The Planning Commission and Council can provide feedback to the applicant on the conceptual building elevations. Transportation The applicant proposes to access Baker Park Road (County Road 29) through construction of a new access at the northwest corner of the property. The concept would allow access to both Lots 1 and 2 to this location. It appears that the access for Lot 2 would be through private, shared driveway over Lot 1. Elim Care Concept Plan Page 3 of 6 May 2, 2017 City Council Meeting Existing right-of-way exists between the two sites to the northwest to allow this construction. When the property to the west developed, the City and Council required right-of-way to allow construction of a roadway from Holiday's driveway northerly to this new proposed access as well. The applicant's concept plan shows the construction of this loop. Hennepin County has requested this loop from Holiday to allow for construction of a median in County Road 29 in the location of Holiday's existing driveway. This will increase the stacking available at the intersection of Highway 12 and County Road 29. The City Engineer recommends that the applicant provide a traffic study upon development to determine what improvements are necessary at the new intersection with County Road 29 in order to support the development. The applicant's concept plan does not identify a sidewalk connection along the new access drive. Staff recommends construction of a sidewalk in order to allow improved non -vehicular transportation. Wetlands/Floodplain A wetland is located through the center of the property, dividing it roughly into two halves. The concept plan shows that the lots would be subdivided on each side of the wetland. The concept plan shows impacts proposed to extend access to Lot 2. It appears that impacts are necessary in order to provide access. The wetland is classified in the City's wetland map as a Manage 1, requiring an average buffer of 30 feet in width. Minnehaha Creek Watershed has indicated that their rules require an average buffer width of 40 feet. The concept plan generally abides by the 40-foot buffer, and shows a few locations which are proposed to be reduced through buffer width averaging. There are no floodplains identified by FEMA on the property. Tree Preservation/Landscaping A stand of trees is located in the northwest portion of the site, in the location where access is proposed to be extended to Baker Park Road. Trees are also scattered throughout the site. Removal of a maximum of 10% of the significant trees is permitted for initial site development and an additional 10% from each lot during development. Removal in excess of this amount would need to be replaced on an inch:inch basis. The applicant did not submit a landscaping plan. The R-4 zoning district requires the following, in addition to any required replacement trees: 1) Landscaped buffer yard adjacent to Highway 12 2) 56 overstory trees (1 per 60 feet perimeter) 3) 28 ornamental trees (1 per 120 feet perimeter) 4) 84 shrubs (1 per 40 feet perimeter) A minimum of eight percent of the parking lot area is required to be landscaped. It appears the concept plan includes significantly more than this amount. Elim Care Page 4 of 6 May 2, 2017 Concept Plan City Council Meeting A minimum landscaping area 10 feet in width is required between parking lots/driveways and buildings. It appears that additional landscaping area may be required to the west and south of the building. Parking The concept plan shows underground parking within the senior care building on Lot 1 and approximately 55 surface parking spaces. Generally, two spaces are required for each residential dwelling and parking for the nursing home/memory care portion will be reviewed upon formal submission (generally 1 space per 3 units). This would equate to approximately 142 parking spaces. A minimum of one space per residential unit is required to be enclosed either underground or in a garage. Parking requirements will be reviewed upon formal submission The number of units and number of underground parking spaces is not specified for Lot 2. Mechanical Equipment/Utilities/Trash and Recycling Mechanical equipment and utilities such as transformers are required to be screened. Details will be required on formal application. Trash and recycling storage is required to be within a structure or within a screened area adjacent to a structure. Details will be required on formal application. Planning Commission Comments/Purpose of Concept Plan Review According to Section 825.63 of the City Code: "Concept plan review serves as the basis for informal conceptual discussion between the city and the applicant regarding a specific land use proposal. It is designed to assist the applicant in preparing a formal land use application for the city's consideration. The purpose of the concept plan review is to identify significant issues, suggest design considerations and discuss requirements of the city's official controls. Concept plan review is optional, not mandatory, for qualified applicants." Concept Plans are appropriate in cases where the formal request which will arise out of the concept plan involves some amount of discretion on behalf of the City. As noted at the beginning of the report, the City has identified this property as potentially being reguided to High Density Residential in the 2020-2040 Comprehensive Plan update. Once the Plan update is adopted, a subsequent rezoning will be necessary. As such, even without a pending application, the City is likely in the process of making discretionary changes to the property. The Planning Commission held a public hearing on the concept plan at their April 11 meeting. An excerpt from the draft meeting minutes is attached. Commissioners believed it was important for the development to work within the timeframe of the Comprehensive Plan update. Commissioners generally believed it was appropriate to include nursing homes and memory care facilities in the list of permitted uses in the area when it is rezoned to be consistent with the Comp Plan update. Some Commissioners felt that the northern area of the concept plan seemed to be too dense, especially if more parking is required based on expected unit mix. Elim Care Concept Plan Page 5 of 6 May 2, 2017 City Council Meeting With regards to the concept plan, staff has provided comments throughout the report, but summarizes the main comments below: 1) Concept shall be updated to be consistent with the applicable district following adoption of the Comprehensive Plan. 2) Landscaping areas adjacent to the west and south of the building should be widened. 3) Sidewalk connection shall be provided along the access drive for pedestrian transportation. 4) The application will be subject to tree preservation and replacement requirements. 5) The applicant shall meet the recommendation of the City Engineer, the City Fire Marshal, the Fire Department, the Minnesota Department of Transportation, Hennepin County, Minnehaha Creek Watershed, and other relevant agencies. Attachments 1) Document list 2) Excerpt from DRAFT 4/11/2017 Planning Commission minutes 3) City Engineer Comments dated 3/23/2017 4) Hennepin County comments dated 3/21/2017 5) Minnehaha Creek Watershed comments dated 3/24/2017 6) Applicant Narrative dated 3/31/2017 7) Concept Plan received by City 4/4/2017 Elim Care Concept Plan Page 6 of 6 May 2, 2017 City Council Meeting Project: LR-17-197 — Elim Care Concept Plan The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 3/10/2017 3/10/2017 3 Application Y Fee 3/10/2017 3/9/2017 1 Deposit Y $4000 Narrative 3/10/2017 3/9/2017 2 Narrative Y Narrative — Updated 3/31/2017 3/31/2017 1 Narrative-3-31-0217 N Concept Plan 3/10/2017 9/1/2015 1 Concept Plan Y Concept Plan — Updated 4/4/2017 9/1/2015 3 Yes N Elevations dated 4/3/2017 Photos 4/4/2017 4/3/2017 2 Yes Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 3/15/2017 1 Legal Comments Building Official Comments 3/31/2017 1 Building Comments Hennepin County comments 3/21/2017 1 Hennepin Minnehaha Creek 3/24/2017 1 Minnehaha Engineering Comments 3/23/2017 3 Eng Comments Planning Commission report 4/7/2017 6 Y 18 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minute excerpt 4/11/2017 Y Medina Planning Commission Excerpt from DRAFT 4/11/2017 Meeting Minutes Public Hearing — Elim Care, Inc. — Concept Plan Review for Development of an Approximately 134 Unit Assisted Living, Nursing Home, and Independent Living Facility at the Northeast Corner of Highway 12 and County Road 29 Finke presented the concept plan review for property located at the northeast corner of Highway 12 and County Road 29, noting that formal action is not required and the Commission is simply to provide input. He stated that the facility would contain a mixture of assisted living nursing home and independent living units. He reviewed the size of the property and the current guiding of the property in the existing land use and within the draft Comprehensive Plan. He stated that the zoning, while similar, would not be the right fit and ultimately the subject property would need to be rezoned or the R-4 zoning district would need to be amended. He stated that the City has nine months after the adoption of the Comprehensive Plan in order to ensure the ordinances and zoning regulations are in compliance with the newly adopted Plan. He reviewed the adjacent property uses. He stated that the proposed building would be three stories in height, noting that the height would not be consistent in each wing and some have less height. He stated that the applicant is proposing to develop next year, noting that staff has discussed the timing with the adoption of the draft Comprehensive Plan. He stated that the applicant and staff continue to have conversations on what activities could take place before the draft Comprehensive Plan is adopted and which items would not be allowed. He noted that staff has identified some elements that would not be in compliance with the R-4 zoning district. He displayed the concept plan, noting that the applicant proposed to cut the property in half. He noted that access would be proposed to the north and west to County Road 29. He displayed conceptual renderings provided by the applicant along with example photographs. He highlighted comments that would need review to ensure consistency with the R-4 zoning district. He noted that this area was identified for high density residential because of its location near transit. He stated that staff believes that the use fits well in the land use, but this property takes up the majority of the property identified for high density land use and there should be discussion over whether the City would be okay with only this use on the property. He noted that the footprint overall would not be the same as a typical high density housing because of the decreased need for parking and the smaller size of the housing units and there should be discussion whether a higher number of units would be allowed for this type of housing product. Reid asked how this housing products counts within the density requirements of the City. Finke replied that the City needs to address the zoning regulations in conjunction with the adoption of the draft Comprehensive Plan. He stated that the zoning district allows for the use as a conditional use, but does not specify that a number of independent living units be included to meet the minimum density requirements. Reid stated that it appears only the independent living units would count towards density requirements and asked how the Metropolitan Council defines living units. Finke explained that the density requirement of the City is a requirement within the Comprehensive Plan and further explained how the information interacts with the Metropolitan Council requirements. Andrew Centanni, the applicant, stated that everyone in the room is aware of the implications the City of Medina is under with the Comprehensive Plan process. He stated that they do not own the subject property and explained that they are in the process of working out details. He stated that Elim is a faith based organization and they oversee properties in four different states. He stated that the vision is to build a full continuum in Medina. He identified a current property they acquired three years ago in Maple Plain where they are looking to upgrade and noted that those residents would be moved to this facility. He stated that they would like to provide all levels of care from independent living to memory care. He acknowledged that many of those types of services do not count towards the unit count under the Metropolitan Council, but noted that 60 of the total units would count towards the units. He stated that 1 Medina Planning Commission Excerpt from DRAFT 4/11/2017 Meeting Minutes many continuums provide services in separate buildings, requiring residents to go into a new building when they escalate in the level of care needed, while the intent for this facility would be to provide those products all in one building. He stated that phase one would bring an additional 75 employees, with an additional 75 existing staff members transferring from the Maple Plain site. He stated that they would like to break ground in spring of 2018 and in order to do that they would need to start construction documents in August of 2017. He stated that he did not see any conditions of concern from the engineering comments, but would be apprehensive to making those changes without knowing first how to best proceed. Albers referenced lot two, with the proposed high density living, and asked if that would be a series of apartment buildings or elderly residents. Centanni replied that the site is very difficult because although the site is slightly over 14 acres, the wetland impacts take the buildable land to nine acres. He stated that they schematically determined what could be done on the other portion of the site. He stated that if the demand was there, they would bring in an independent living facility to that property. Barry asked how many underground parking stalls would be included. Centanni replied that they can fit 25 parking stalls under the building. He referenced the arm on the east side noting that is the only section proposed for underground parking. He noted that if additional stalls are needed, they could excavate under the other wings to create more parking. Barry asked for clarifications on the proposed parking. Finke explained that there is flexibility in the code and noted that the parking requirement is based on the mix of living units proposed by the applicant. White asked what type of signage would be proposed with the application. Centanni referenced an example photograph that was provided for a facility they own in North Dakota. He stated that typically they have a monument sign at the curb, but they do not have signage on the building as you would not typically put signage on a home and this is intended to be home for the residents. Chair White opened the public hearing at 7:36 p.m. Larry Palm, Baker Park Road property owner, stated that they whole heartedly support the use from a development perspective. He stated that mechanically he has concerns with a setback and the access road that is maintained as a private drive. He asked how that road would then be managed with this use as he would not want to be responsible for the damage to the road that occurs from construction traffic. He stated that he would also like an understanding on the loop that would be created and how the expense would be shared. He stated that the sewer and water for his site will need to come from the retail site, across this site to reach his property. Chair White closed the public hearing at 7:38 p.m. Finke referenced the timing, noting that the expectation is that the draft Comprehensive Plan will be in place in early 2018 and the City will have nine months to bring the official controls into compliance with the newly adopted Plan. He stated that he has spoken with the applicants about starting some of the work this summer, as large expenditures would be needed to initiate the project in order to begin construction next year. He stated that staff believes it is appropriate to start making the necessary changes with the 2 Medina Planning Commission Excerpt from DRAFT 4/11/2017 Meeting Minutes official controls early to ensure that the applicants could then make the decision whether they would like to begin their design plans. He stated that staff has recommended that the City not approve any land use applications until the new controls are in place, but noted that the review process could occur while the Comprehensive Plan is being reviewed and adopted. He noted that the City will need to make a decision concerning whether nursing home units would be an appropriate use in the high -density zoning district. Barry noted that the north side seems a little tight and perhaps the development could be slid down on the site slightly. He stated that he agrees with the staff comments as well, but was concerned with the setback on the north side. DesLauriers stated that he likes the plan and type of facility, but noted that his concern is how this could be accounted for in the draft Comprehensive Plan. Murrin stated that as long as the applicant works with staff on the details, such as parking, that should be good. She noted that the application would most likely be delayed until the new Comprehensive Plan is adopted. She stated that she would want to ensure that the applicant is aware of the timing, but she supports the request. DesLauriers stated that he would also like to have discussion on R-4 zoning districts and whether the units would be appropriate during the official controls update. Albers asked how a kitchen is defined by the Metropolitan Council. Finke explained what details would be required for it to be considered a living unit. White stated that while the Commission is supportive of the request, the Commission will need to discuss whether they would like to allow this type of living unit to be within the R-4 zoning district. She noted that although the Commission would support this type of product, she would just want to ensure that the Commission would be okay with this property being developed in this manner She noted that this property was chosen for high density housing because of the proximity to the retail and transit. Finke stated that this property and the property adjacent is the majority of the land identified for high density housing. He noted that there are other opportunities for high density housing, but this is a significant portion of the land identified for that land use. Murrin stated that it is her understanding that the City must identify land that could be developed in high density or affordable housing, but not need to ensure that development of those options come to fruition. She asked then if the City has met those requirements with this type of development as the opportunity was provided and the owner of the land has chosen to do something else. Albers noted that the City would ultimately not reach the number of high density housing units. Murrin stated that the City does not need to ultimately build those units, but simply provide an opportunity for those units to be built. Finke agreed, but noted that what is unknown is the impact it could have on future forecasts from the Metropolitan Council. Reid stated that she would prefer that this type of use be a conditional use, as each site would need to be determined whether it is appropriate. Finke stated that there would need to be a set list of criteria by which to review CUPS. 3 WSB —® March 23, 2017 Mr. Dusty Finke Planner City of Medina 2052 County Road 24 Medina, MN 55340-9790 701 Xenia Avenue South I Suite 300 I Minneapolis, MN 55416 I (763) 541-480011 Re: Elim Care Inc. Assisted Living Facility Concept Plan — Engineering Review City Project No. LR-17-197 WSB Project No. 03433-230 Dear Mr. Finke: We have reviewed the Elim Care Inc. Assisted Living Facility application and concept plans dated March 10, 2017. The applicant proposes to construct a multi -level senior living facility with roughly 134 units (mixture of assisted/skilled living and memory care) with a gross building footprint area of 56,600 square feet located on the north side of US Hwy 12 east of Baker Park Road (Co Rd 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 applicant will need to coordinate with the property owner directly to the north and west for the planning and construction of the proposed loop road and shared access from CSAH 29. The property owner has a plan to develop the site to the north. 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. Based on the information provided on the site plan, it appears the intent is for the "future loop road" to be a public street; the remaining portion of roadways within the site will be private as no easements have been proposed. 4. Roadways on the site are shown up to the lot lines in many locations making perimeter D&U easements unusable. 5. It is unclear how access Lot 2 will be provided. Provide a location on the plans and/or a written response. Utilities 6. The City of Medina's sanitary sewer system serves the existing retail site to the west. Verify the existing pipe location/size or manhole inverts and note on plan on future submittals. Building a legacy — your legacy. Equal Opportunity Employer I wsbeng.como Elim Care Inc. Assisted Living Facility — Engineering Review March 23, 2017 Page 2 Easements may be required by the City to encompass all or a portion of the sewer into the site. 7. The City Maple Plain's water system currently serves the existing retail site to the west. Verify the size and type of watermain on future submittals. 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. 8. Watermain looping will be required along the proposed shared access road and within the site with a minimum diameter of 8-inch watermain. Easements may be required to encompass all or a portion of the proposed water system within the site. 9. 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. 10. It is unclear as to how the proposed Lot 2 will be served by water and sewer. Provide information on the plans and/or written response. Traffic & Intersections 11. The future access to CSAH 29 will be controlled by Hennepin County, full access to the proposed development to the north and the existing retail site to the west will be combined into one location between the existing retail and the proposed site to the north at some point in the future (proposed shared access). We understand 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. These improvements will need to be coordinated with the property owner to the north and west. 12. Based on the anticipated traffic generated by the applicant's site and the proposed development to the north, left and right turn lanes should be provided along CSAH 29 at the shared access intersection. 13. The proposed public street (shared access) connecting to CSAH 29 should be designed to accommodate two lanes exiting (one left and one right lane) and one lane entering. 14. A detailed Traffic Study should be completed including 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 15. The development will need to meet the City's infiltration requirement, which can be met by reusing stormwater from the proposed ponds for irrigation. 16. 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. 17. The project site will need to meet the requirements for a Major Expansion Project. Provide a stormwater management plan and modelling calculations in accordance 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. Elim Care Inc. Assisted Living Facility — Engineering Review March 23, 2017 Page 3 18. 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. 19. Show the storm sewer discharge points from the site and how that will be incorporated into the existing retail site to the west and fixture development to the north. 20. The concept plan did not provide specific contouring of the proposed pond area(s); provide site/pond contouring with fixture 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. 21. Include an erosion and sediment control site plan with future submittals. 22. The City functions as the LGU for administering the WCA. Submit the appropriate paper work to the City. 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: Tuesday, March 21, 2017 2:49 PM To: Dusty Finke; Debra Peterson Cc: 'Kelly.Grissman@threeriversparks.org'; Sherman, Tod (DOT); mark@terra-mark.com; Robert H. Byers Subject: Elim Care - Concept Plan Attachments: Elim Care.pdf Hello Debra and Dusty, The plat review committee discussed the Concept Plan for Elim Care on Tuesday, March 21, 2017 and offer the following comments: As previously discussed with 1432 County Road 29 and Park Commons Development • With the completion of this planned internal loop road, a median will be constructed north of the intersection with US 12 to limit access to right-in/right-out at the holiday station/retail center. • As previously discussed with both the Park Commons development and 1432 County Road 29, 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. • With a Baker Park trail head only % mile to the north it would be highly desired to include internal sidewalk circulation and connections to future bike/ped accommodations planned for County Road 29 • 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. Further consideration • This proposal would need to provide for a necessary future internal access location to Lot #2 as MnDOT very likely would not accommodate access to Trunk Highway 12 • Upon completion of the median to extend north of the existing southerly access location (Holiday Station/Monie's), any future development across CR 29 at the 'Gateway' parcel needs to ensure a cross access easement to the southerly parcel (Monie's Pub) • As this does not about the county road we have no right-of-way related comments Thank you for your consideration. Please contact me if you wish to discuss any of these items further. 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 1 Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 2 Dusty Finke From: Katherine Sylvia <ksylvia@minnehahacreek.org> Sent: Friday, March 24, 2017 2:31 PM To: Dusty Finke Cc: Debra Peterson Subject: Elim Care Inc. Assisted Living Facility- Preliminary Site Concept Comments Hi Dusty, The District appreciates the opportunity to comment on the Preliminary Site Concept for the Assisted Living Facility proposed at Highway 12 and Baker Park Road. Based on the information that we have right now, the District has the following comments related to MCWD rules: 1. The Project will require an Erosion Control, Stormwater Management, and Wetland Protection permit for the District. Stormwater Management will be evaluated as New Development. The treatment scope and requirements will be determined once we have a better understanding of the amount of proposed impervious. 2. A wetland delineation is shown on the plans, we will want to confirm that it is a valid delineation. 3. The Wetland on -site is a Manage 1 Wetland and requires a 40' buffer with a 20' minimum for averaging. This is reflected on the plans, but we will want to work with them on the proposed averaging. 4. Currently the proposed stormwater pond is located within the wetland buffer. MCWD does not allow stormwater facilities in wetland buffers and that area will need to be included in the buffer averaging calculations. I think it would be helpful to schedule a meeting with the developer to discuss our comments, any comments that you have prepared, identify site constraints, and discuss possible solutions with all parties at the table. We are also interested in exploring how the redevelopment of this site might present opportunities for improving the water quality of the tributary that flows to Lake Katrina. Please let me know if you have any additional thoughts and if you think a meeting would be beneficial for the city as well. Sincerely, Katherine P41 E F1FEM'ht€ we cMt fi rccr Katherine Sylvia Permitting Program Lead Minnehaha Creek Watershed District Direct 952-473-2855 15320 Minnetonka Blvd., Minnetonka, MN 55345 www.minnehahacreek.org 1 March 31, 2017 Dusty Finke City Planner Planning & Zoning Department City of Medina 2052 County Road 24 Medina, MN 55340 RE: Project Description and Application Narrative for Planning Consideration Elim Care, Inc. — New Assisted Living, Assisted Living MC, and Independent Living Facility Medina, Minnesota Dusty, Please consider the following project description and narrative during the review process for the attached Application for Planning Consideration. All supplemental information required by the application has also been included to provide a comprehensive review. The attached application and supplemental information are being submitted for review of the attached concept plans in support of a proposed new Elim Care, Inc. Assisted Living Facility in Medina. A new parking lot as well as the associated site improvements including drive isles, stormwater facilities, landscaping, and utilities are also proposed to accommodate the new facility. The new facility will consist of approximately 134 units and provide assisted and skilled living as well as memory care. A preliminary breakdown of the proposed units is provided below. • Skilled Care: 62 units • Assisted Living Care: 31 units • Assisted Living Memory Care: 16 units • Independent Living: 25-27 units The 14.24 acre subject property is located at the southwest corner of Baker Park Road and U.S Highway 12 in Medina, Minnesota (PID: 3011823230001). Per the Medina Zoning Map the property is zoned Commercial -Highway (CH). It should be noted that the site is somewhat constrained due to a large wetland and buffer area located near the center of the property. Please review the attached concept plans in support of the proposed new assisted living facility. Feel welcome to contact me at 952.426.0699 if there is any additional information we can provide in support of this request on behalf of Elim Care. Reese Sudtelgte, PE Civil Engineer Civil Engineering Group 7900 International Drive + Suite 550 + Minneapolis, MN 55425 952.426.0699 + www.is-grp.com ARCHITECTURE + ENGINEERING + ENVIRONMENTAL + PLANNING W LINE OF NW 1/4 OF SEC. 30-118-23 ACCESS EASEMENT FROM �— HOLIDAY TO MEDINA; NOT YET RECORDED FUTURE 10 FT. WIDE OUTLOT B TO BE DEEDED TO OTHERS ACCESS EASEMENT FROMYDRANT �� PAC TO MEDINA; NOT YET ii RECORDED 8 DIP WATERMAIN_ MANHOLE 12 INV=980.60 FROM PLANS SW CORNER OF NW 1/4, SEC. 30-118-24 CATCH BASIN SHED n m U STORM WATER EASEMENT RETAINING WALL-' FUTURE 10 FT. WIDE OUTLOT B TO BE I DEEDED TO OTHERS J FES 15" R �V=9 PROPOSED BUILDING 1 APPROXIMATE 1 LEVEL SF = 59,6001 POTENTIAL WETLAND - BUFFER PARKING IMPACT SEED RETAINING WALL 1=975.14A, 'Wet land TOTAL AREA: WETLAND BUFFER: AREA BUILDABLE AREA: 7.56 AC 2.155 AC 5.405 AC 6.67 AC 2.660 AC 4.010 AC TOTAL 14.23 AC 4.815 AC 9.415 AC \<>> // ED P �i PR om` \ ,� j ©PpSE� PARKING S/� y / PROPpSEQBUIL® �eACK \_y446( LNG SETB�K / A / l PROPOSED STORMWATER MANAGEMENT AREA, TYP. \ >> ...40' WETLAND., BUFFER cJ, erdia wL W PROPOSED PROJECT PROJECT LOCATION Scale: R 3-014 �ik`l N N O� FpR GpNs THIS DOCUMENT IS THE PROPERTY OF ISG AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELIM CARE INC. ASSISTED LIVING FACILITY MEDINA NO DATE MINNESOTA REVISION SCHEDULE DESCRIPTION PROJECT NO. 15-18012 FILE NAME DRAWN BY 18012 CONCEPT 2 JRS DESIGNED BY JRS REVIEWED BY ATB ISSUE DATE 09/01/2015 CLIENT PROJECT NO. TITLE PRELIMINARY SITE CONCEPT SHEET C2.11 EXAMPLE COMMUNITY: VALLEY VIEW VILLAGE DES MOINES, IOWA POPE A It C II I l LC IS Elim Care Medina Senior living & Skilled Nursing MEDINA, MINNESOTA 04/03/17 I COMM#24351-17006 �� F R O N T E N T R Y 2 . 5 P O P E A R C I I I T E C T S M E D I N A S E N I O R L I V I N G & S K I L L E D N U R S I N G M E D I N A , M I N N E S O T A 0 4 / 0 3 / 1 7 C O M M # 2 4 3 5 1 - 1 7 0 0 6 ���� I i �� T 1 1 1 7 i m 1 1 1 1 1 1 l ��I ��i �� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LL 'Il 1 j � VIEW FROM HIGHWAY POPE ARCIIITECTS MEDINA SENIOR LIVING & SKILLED NURSING MEDINA, MINNESOTA 04/03/17 COMM#24351-17006 Agenda Item # 7C MEMORANDUM TO: Mayor and City Council Members FROM: Scott Johnson, City Administrator DATE: April 26, 2017 SUBJ: City Assessor — Board of Appeal and Equalization v. Open Book Process Discussion Background The Medina City Council requested Staff have the City Assessor attend the May 2nd City Council Meeting to: 1) discuss options to improve the Board of Appeal and Equalization meeting and 2) discuss the possibility of changing to an Open Book Process. City Assessor Rolf Erickson will be attending the meeting to discuss options. Below is some background information on the process. Market Value notices are sent to property owners each March. Medina has historically held Board of Appeal and Equalization Meetings in early April. The Market Value notice states the estimated market value of a property and its property classification. The estimated market value represents a reasonable approximation of what your property may sell for in the open market based on market conditions and information relating to your specific property. If a property owner believes the current estimated market value and/or classification of their property is incorrect, they can contact City Assessor Rolf Erickson or his Staff at 763.473-3978 10 days prior to the Local Board of Appeal and Equalization Meeting (City Council acts as the Board). Under the Open Book Meeting process the Property owners may meet individually with the Assessor (City Council is not present for the meeting). The Open Book Meeting would also be held in early April. Residents under both processes are encouraged to call the City Assessor prior to the meeting so that the Assessor can be prepared to discuss the property. Further information about the appeals process is stated on the valuation notice. The Assessment Process Medina uses licensed appraisers employed by City Assessor Rolf Erickson to value and classify property for the purpose of determining property taxes. Each year, appraisers are required to assess real estate parcels to equitably determine market value and properly classify all property. Appraisers view property parcels in person on a four year cycle. That is, one-fourth of the city is reviewed each year. In addition to these properties, appraisers may view properties with new improvements or verify those that have sold. When your property is part of the one-fourth cycle, you will receive a "revaluation" notice alerting you that an appraiser will be in your neighborhood. These notices are typically done in spring or early summer. The appraiser will take exterior measurements and photographs and will ask to view the interior of your home. If allowed into your home, the appraiser will collect information that affects market value, such as condition of the house, quality of building products, basement finishes, bath features, etc. This work is the best way to ensure that the estimated market value is an appropriate comparison to other similar properties. If you are not available when an appraiser is in your neighborhood, you may schedule an appointment. Hennepin County's website contains detailed information on how taxes are determined, how taxes benefit residents and more. Please see: http://www.hennepin.us/residents/property/property-taxes Council Action Requested: Discuss and provide Staff policy direction on whether to pursue changing to the Open Book Process or improving the Board of Appeal and Equalization meeting 2 Step 1 Step 2 Step 3 Flow Chart of the Appeal Process What do I do if I think my property is valued or classified incorrectly? After you receive your value notice (mailed February — April) Examine your notice; if you have a question OR if you think your property assessment for this year is incorrect, follow these steps: Talk to your assessor • Call the number listed on the notice • Discuss your concerns with the assessor/appraiser • Review sales information Attend the Local Board of Appeal and Equalization or Open Book Meeting** ** The local board of appeal and equalization meets at the city level Meets in April or May Appeal in person, by letter or by designated representative Call your assessor — an appointment may be requested "Open Book" meeting: If your notice refers to an open book meeting, this is held in lieu of the local board of appeal and equalization. It's an informal review between the property owners and the assessor/appraiser to resolve assessment questions prior to the county board of appeal and equalization. Attend County Board of Appeal and Equalization You must first appeal to the local board of appeal and equalization if your city holds this meeting. • If your city has an open book meeting, you may appeal directly to the county board of appeal and equalization. Although it is strongly recommended, you are not required to appear at the open book meeting. • Meets in June • Appeal in person, by letter or by designated representative Appeal to the Minnesota Tax Court Appeals must be filed by April 30 of the year following the assessment. There are two divisions in which you may file an appeal as described below: www.taxcourt.state.mn.us Regular Division Non -homestead property valued over $300,000 Appeal can be used for all property Attorney is recommended Decisions can be appealed to MN Supreme Court Small Claims Division Estimated market value of the property is less than $300,000, or If residential (1 a) or disabled (1 b) homestead, then there must be only one dwelling unit per parcel per petition. If ag homestead (2a), homestead must apply to entire property, or Denial of current year application for homestead. Attorney is not necessary; decisions are final. Agenda Item # 7D Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR PUBLIC HEARINGS ON WILLOW DRIVE IMPROVEMENT PROJECT AND LEVYING SPECIAL ASSESSMENTS FOR SAME WHEREAS, a feasibility report has been prepared by Steve Scherer as the city's Public Works Director regarding a street improvement project for Willow Drive (from Chippewa Road north of Hwy. 55 to end of pavement); and WHEREAS, the project consists of miscellaneous milling, overlay, shouldering, and WHEREAS, the report provides information regarding whether the project is necessary, cost-effective and feasible. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as follows: 1. The feasibility report is hereby accepted and the project is determined to be necessary, cost-effective and feasible. 2. The project shall be constructed using competitive bids received by the City of Medina. 3. The city council shall consider the making of such improvements in accordance with the feasibility report and assessing benefited properties in accordance with the city's special assessment policy and pursuant to Minn. Stat., Chapter 429. The estimated total cost of the project is as follows: • Willow Drive $ 36,666.00 4. Public hearings to consider the making of such improvement and the levying of special assessments related thereto shall be held at 7:00 p.m. in the council chambers at Medina city hall on the following dates: • Willow Drive June 6, 2017 5. City staff is authorized and directed to prepare plans and specifications for making the project. Resolution No. 2017-xx May 2, 2017 6. City staff is directed to prepare the appropriate notices for the improvement hearings and assessment hearings and to cause the proper published and mailed notices to be given for the public hearings as required by law and in accordance with the above schedule. 7. The amount of the project to be specially assessed against benefited properties in accordance with the city's special assessment policy and Minn. Stat. Chapter 429 is as follows: • Willow Drive $ 8,066.00 8. The city clerk, with the assistance of city staff, shall forthwith calculate the proper amount to be specially assessed for each such improvement against every assessable lot, piece or parcel of land within the area affected without regard to cash valuation and shall file a copy of the proposed assessment in the clerk's office at city hall. Dated: May 2, 2017. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member e 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-xx 2 May 2, 2017 1VIEDINA Feasibility Repor Willow Drive North Overlay Project City of Medina May 201 repave i"" teve Ycherer, Public Works Director City of Medina — Willow Drive North Overlay Project Table of Contents Table of Contents 2 1.0 Introduction 3 2.0 Summary and Recommendations 4 3.0 Street Improvements 5 Figure 1 — Typical Section — Overlay 4.0 Cost Summary 6 Table 1 — Proposed Improvements Cost Summary 7 5.0 Funding Options 8 6.0 Project Schedule 9 Appendix A — Cost Estimate A-1 Appendix B — Map of Assessment Area and Proposed Improvements B-1 Willow Drive North Overlay Project Page 2 City of Medina — Willow Drive North Overlay Project 1.0 Introduction City staff has requested this report to determine the feasibility of improvements to Willow Drive North. Willow Drive North of Chippewa Trail was originally reconstructed and utilities installed in 1988 &1994. The portion from HWY 55 to Chippewa was rebuilt with the re -alignment of the intersection in 2002. This project concerns the 1435 feet north of Chippewa road to the gravel portion. The utilities were installed in early 1988 there have been no problems with either utility so there is no need to address them at this time. The project consists of some minor milling, some blade patch leveling and a 2 inch overlay. A cost analysis is also discussed and is presented in the Cost Summary section. A detailed cost estimate of the proposed improvements is presented in Appendix A. Willow Drive North Overlay Project Page 3 City of Medina — Willow Drive North Overlay Project 2.0 Summary and Recommendations The Overlay of Willow Drive North is feasible from an engineering standpoint. The project is cost effective and necessary to prolong the useful life of the road. The following recommendations are presented for consideration by the Medina City Council: 1) That this report be adopted as the guide for the overlay of North Willow Drive. 2) That the cost of improvements be allocated in accordance with the City's Special Assessment Policy throughout the proposed roadway improvement area. 3) That a public hearing be held June 6, 2017, on the proposed improvements. Willow Drive North Overlay Project Page 4 City of Medina — Willow Drive North Overlay Project 3.0 Street Improvements All roadways in Medina are rated on a scale of 1 to 5 based on their condition (5, indicating excellent condition). Willow Drive North of Chippewa is rated at a 2 for its poor surface condition. The base of the road is in good condition. The road was crack sealed and seal coated in 2012 to continue its life expectancy. The Willow Drive North Road Project was added to the City's 2017 Capital Improvement Plan. Below is a brief summary of the project. The Willow Drive North Road Project will include application of 1435 lineal feet of material and cover 3826 square yards of existing street. The road width is approximately 24 feet wide, with the shoulders consisting mostly of vegetation and limestone. This project includes milling where necessary to improve drainage, pre -patching in weak areas, installing a 2 inch bituminous overlay over approximately 3,826 square yards of existing street, and limestone shouldering after the paving is complete. See Figure 1 for the typical street section. Cost estimates for the proposed street improvement are presented in Appendix A. Willow Drive North Overlay Project Page 5 Figure 1 WILLOW DRIVE ROAD PROJECT R New Bituminous (Near Course (1 1/2") Remaining Existing Bituminous Ex. Aggregate Base Course t NOTE: • Milling only where necessary for improved drainage and pre - patching in weak areas. • Possible bituminous curb where very flat areas exist to keep drainage working properly. City of Medina — Willow Drive North Overlay Project 4.0 Cost Summary Detailed cost estimates for the proposed improvements are presented in Appendix A. The costs represent estimated construction costs for an overlay project on Willow Drive North, including pre paving and leveling, minimal milling, a two inch bituminous overlay, and limestones shouldering material, plus an additional 15% allowance for project administration, management, and contingencies. The cost for the work is based on material bids for 2017, recently received by the City of Medina. A summary of the estimated costs is presented in Table 1. TABLE 1 — PROPOSED IMPROVEMENT COST SUMMARY Project Cost Willow Drive North $36,666.00 Total $36,666.00 Willow Drive North Overlay Project Page 6 City of Medina — Willow Drive North Overlay Project 5.0 Funding Options 5.1 ASSESSMENTS The City of Medina has an adopted special assessment policy regarding public improvements. Willow Drive North is classified as a rural collector Street. Following the guidelines of this policy, the project costs will be assessed at 20% with an added commercial factor for the commercial lots within the project. Properties which will be assessed for a portion of the project are identified in Appendix B. 5.2 CITY FUNDS The remainder of the project costs not assessed to benefitting properties will be funded with City Street funds. Willow Drive North Overlay Project Page 7 City of Medina — Willow Drive North Overlay Project 6.0 Project Schedule The schedule that is shown below provides for completion in October 2017. Council accepts Feasibility May 2, 2017 Call for Public Hearing/Assessment Hearing May 2, 2017 Public Hearing/Assessment Hearing June 6, 2017 Begin Construction July 2017 Final Completion October 2017 The schedule assumes that the public hearing and assessment hearing for the project will be held at a single, regularly -scheduled Council meeting. Note that the construction process should occur over a one week period during a July through October timeframe. Willow Drive North Overlay Project Page 8 APPENDIX A Cost Estimate Willow Drive North Overlay Project Page 9 2017 Street CIP Cost Estimate for Improvements Willow Drive North Units Amount $/Unit Total 2 inches of Bituminous Wear Course SPWEB240(B) TN 420 59.75 $25,095 Shouldering Material TN 150 14.45 $ 2,160 10% Overage for Blacktop Leveling TN 44 59.75 $ 2,629 Miscellaneous Milling $ 2,000 15% Contingency Allowance $ 4782 Total Estimated Cost $ 36,666 Cost Assumptions: Tack coat cost included in the bituminous wear course unit price. Estimate includes milling only where necessary to improve drainage and pre -patching in weak areas. Willow Drive North Overlay Project Page 10 APPENDIX B Assessment and Proposed Improvement Area Map Willow Drive North Overlay Project Page 11 Willow Drive (North) Overlay Project MED[NA Potential Assessment Area i 141 5 rATFR RANrI-I 7 4 LOST HOR PAWNEE 2 CHI PPEWA ONEE wq N Map Date: March 29, 2017 Agenda Item # 7E Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR PUBLIC HEARINGS ON WICHITA TRAIL IMPROVEMENT PROJECT AND LEVYING SPECIAL ASSESSMENTS FOR SAME WHEREAS, a feasibility report has been prepared by Steve Scherer as the city's Public Works Director regarding a street improvement project for Wichita Trail; and WHEREAS, the project consists of miscellaneous milling, overlay, minimal asphalt curbing for drainage purposes and some seeding of the shoulders described in the report; and WHEREAS, the report provides information regarding whether the project is necessary, cost-effective and feasible. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as follows: 1. The feasibility report is hereby accepted and the project is determined to be necessary, cost-effective and feasible. 2. The project shall be constructed using competitive bids received by the City of Medina. 3. The city council shall consider the making of such improvements in accordance with the feasibility report and assessing benefited properties in accordance with the city's special assessment policy and pursuant to Minn. Stat., Chapter 429. The estimated total cost of the project is as follows: • Wichita Trail $25,181.00 4. Public hearings to consider the making of such improvement and the levying of special assessments related thereto shall be held at 7:00 p.m. in the council chambers at Medina city hall on the following dates: • Wichita Trail June 6, 2017 5. City staff is authorized and directed to prepare plans and specifications for making the project. Resolution No. 2017-xx May 2, 2017 6. City staff is directed to prepare the appropriate notices for the improvement hearings and assessment hearings and to cause the proper published and mailed notices to be given for the public hearings as required by law and in accordance with the above schedule. 7. The amount of the project to be specially assessed against benefited properties in accordance with the city's special assessment policy and Minn. Stat. Chapter 429 is as follows: • Wichita Trail $12,590.00 8. The city clerk, with the assistance of city staff, shall forthwith calculate the proper amount to be specially assessed for each such improvement against every assessable lot, piece or parcel of land within the area affected without regard to cash valuation and shall file a copy of the proposed assessment in the clerk's office at city hall. Dated: May 2, 2017 Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx 2 May 2, 2017 1VIEDINA Feasibility Report Wichita Trail Overlay Project City of Medina May 2017 Prepared by: Steve Scherer, Public Works Director City of Medina — Wichita Trail Overlay Project Table of Contents Table of Contents 2 1.0 Introduction 3 2.0 Summary and Recommendations 4 3.0 Street Improvements 5 Figure 1 — Typical Section — Overlay 4.0 Cost Summary 6 Table 1 — Proposed Improvements Cost Summary 7 5.0 Funding Options 8 6.0 Project Schedule 9 Appendix A — Cost Estimate A-1 Appendix B — Map of Assessment Area and Proposed Improvements B-1 Wichita Trail Overlay Project Page 2 City of Medina — Wichita Trail Overlay Project 1.0 Introduction City staff has requested this report to determine the feasibility of improvements to Wichita Trail. Staff has not been able to locate any long term history related to the maintenance of Wichita Trail; however, in the past what has been done is mostly blade patching asphalt with the grader to keep up the surface of the street. In 2014 public works did extensive blacktop patching and seal coating. The road surface is in need of an overlay and some miscellaneous milling, as well as bituminous curbing to help with the drainage. The project consists of some minor milling to keep drainage intact, along with some minor leveling and a 1 %2 inch bituminous overlay. There may be bituminous curb installed in some areas to help with drainage. With the low volume of traffic, organized garbage, and spring weight restrictions placed on the road, the overlay seems the correct course of action for this road. I am confident the overlay, with proper maintenance, will be at least a ten year fix. A cost analysis is also discussed and is presented in the Cost Summary section. A detailed cost estimate of the proposed improvements is presented in Appendix A. Wichita Trail Overlay Project Page 3 City of Medina — Wichita Trail Overlay Project 2.0 Summary and Recommendations The Overlay of Wichita Trail is feasible from an engineering standpoint. The project is cost effective and necessary to prolong the useful life of the road. The following recommendations are presented for consideration by the Medina City Council: 1) That this report be adopted as the guide for the overlay of Wichita Trail. 2) That the cost of improvements be allocated in accordance with the City's Special Assessment Policy throughout the proposed roadway improvement area. 3) That a public hearing be held June 6, 2017, on the proposed improvements. Wichita Trail Overlay Project Page 4 City of Medina — Wichita Trail Overlay Project 3.0 Street Improvements Roadways in Medina are rated on a scale of 1 to 5 based on their condition (5, indicating excellent condition). Wichita Trail is currently rated at a 2. The road was blade patched in 2012 to continue its life expectancy. The Wichita Trail Road Project was added to the City's 2017 Capital Improvement Plan. Below is a brief summary of the project. The Wichita Trail Road Project will include application of approximately 213 tons of material and will cover 2,255 square yards of existing street and cul-de-sac. The road width is approximately 24 feet wide, with the shoulders consisting mostly of vegetation. This project includes milling of roadway, bituminous curb where necessary to improve drainage, pre -patching in weak areas, and installing a 1 1/2" bituminous overlay, covering approximately 2,255 square yards of existing street. See Figure 1 for the typical street section. Cost estimates for the proposed street improvement are presented in Appendix A. Wichita Trail Overlay Project Page 5 Figure 1 WICHITA TRAIL ROAD PROJECT R New Bituminous (Near Course (1 1/2") Remaining Existing Bituminous Ex. Aggregate Base Course t NOTE: • Milling only where necessary for improved drainage and pre - patching in weak areas. • Possible bituminous curb where very flat areas exist to keep drainage working properly. City of Medina — Wichita Trail Overlay Project 4.0 Cost Summary Detailed cost estimates for the proposed improvements are presented in Appendix A. The costs represent estimated construction costs for an overlay project on Wichita Trail, including minimal curb installation in some areas to help with drainage, black dirt and seeding for shoulders, plus an additional 15% allowance for project administration, management, and contingencies. The cost for the work is based on material bids for 2017, recently received by the City of Medina. A summary of the estimated costs is presented in Table 1. TABLE 1 — PROPOSED IMPROVEMENT COST SUMMARY Project Cost Wichita Trail $25,181.00 Total $25,181.00 Wichita Trail Overlay Project Page 6 City of Medina — Wichita Trail Overlay Project 5.0 Funding Options 5.1 ASSESSMENTS The City of Medina has an adopted special assessment policy regarding public improvements. Wichita Trail is classified as a Local Rural Street. Following the guidelines of this policy, 50% of the construction costs for the project will be funded through special assessments. Properties which will be assessed for a portion of the project are identified in Appendix B. 5.2 CITY FUNDS The remainder of the project costs not assessed to benefitting properties will be funded with City Street funds. Wichita Trail Overlay Project Page 7 City of Medina — Wichita Trail Overlay Project 6.0 Project Schedule The schedule that is shown below provides for completion in October 2017. Council accepts Feasibility May 2, 2017 Call for Public Hearing/Assessment Hearing May 2, 2017 Public Hearing/Assessment Hearing June 6, 2017 Begin Construction July 2017 Final Completion October 2017 The schedule assumes that the public hearing and assessment hearing for the project will be held at a single, regularly -scheduled Council meeting. Note that the construction process should occur over a one week period during a July through October timeframe. Wichita Trail Overlay Project Page 8 APPENDIX A Cost Estimate Wichita Trail Overlay Project Page 9 2017 Street CIP Cost Estimate for Improvements Wichita Trail Units Amount $/Unit Total 1.5 inches of Bituminous Wear Course SPWEB240(B) TN 186 59.75 $ 11,113 Top Soil and Seeding FT 1372 1.05 $ 1,440 Bituminous Curb LF 1000 5.00 $ 5,000 Miscellaneous Milling $ 2,000 15% Contingency Allowance $ 3,284 Total Estimated Cost $ 25,181 Cost Assumptions: Tack coat cost included in the bituminous wear course unit price. Estimate includes milling only where necessary to improve drainage and pre -patching in weak areas. Wichita Trail Overlay Project Page 10 APPENDIX B Assessment and Proposed Improvement Area Map Wichita Trail Overlay Project Page 11 Wichita Trail Improvement Project NIEDINA Potential Assessment Area Legend Improvement Project Location Potential Assessment Area Map Date: April 20, 2017 Agenda Item # 7F Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR PUBLIC HEARINGS ON CLYDESDALE TRAIL IMPROVEMENT PROJECT AND LEVYING SPECIAL ASSESSMENTS FOR SAME WHEREAS, a feasibility report has been prepared by Steve Scherer as the city's Public Works Director regarding a street improvement project for Clydesdale Trail; and WHEREAS, the project consists of mill and overlay and curb and gutter replacement as described in the report; and WHEREAS, the report provides information regarding whether the project is necessary, cost-effective and feasible. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as follows: 1. The feasibility report is hereby accepted and the project is determined to be necessary, cost-effective and feasible. 2. The project shall be constructed using competitive bids received by the City of Medina. 3. The city council shall consider the making of such improvements in accordance with the feasibility report and assessing benefited properties in accordance with the city's special assessment policy and pursuant to Minn. Stat., Chapter 429. The estimated total cost of the project is as follows: • Clydesdale Trail $69,723.00 4. Public hearings to consider the making of such improvement and the levying of special assessments related thereto shall be held at 7:00 p.m. in the council chambers at Medina city hall on the following dates: • Clydesdale Trail June 6, 2017 5. City staff is authorized and directed to prepare plans and specifications for making the project. Resolution No. 2017-xx May 2, 2017 6. City staff is directed to prepare the appropriate notices for the improvement hearings and assessment hearings and to cause the proper published and mailed notices to be given for the public hearings as required by law and in accordance with the above schedule. 7. The amount of the project to be specially assessed against benefited properties in accordance with the city's special assessment policy and Minn. Stat. Chapter 429 is as follows: • Clydesdale Trail $32,634.00 8. The city clerk, with the assistance of city staff, shall forthwith calculate the proper amount to be specially assessed for each such improvement against every assessable lot, piece or parcel of land within the area affected without regard to cash valuation and shall file a copy of the proposed assessment in the clerk's office at city hall. Dated: May 2, 2017. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx 2 May 2, 2017 1VIEDINA 11111111111110 Feasibility Report Clydesdale Trail Overlay Project City of Medina May 2017 Prepared by: Steve Scherer, Public Works Director City of Medina — Clydesdale Trail Overlay Project Table of Contents Table of Contents 2 1.0 Introduction 3 2.0 Summary and Recommendations 4 3.0 Street Improvements 5 Figure 1 — Typical Section — Overlay 4.0 Cost Summary 6 Table 1 — Proposed Improvements Cost Summary 7 5.0 Funding Options 8 6.0 Project Schedule 9 Appendix A — Cost Estimate A-1 Appendix B — Map of Assessment Area and Proposed Improvements B-1 Clydesdale Trail Overlay Project Page 2 City of Medina — Clydesdale Trail Overlay Project 1.0 Introduction City staff has requested this report to determine the feasibility of improvements to approximately 845' of Clydesdale Trail. The portion of Clydesdale Trail from 116 to just past the entrance of 600 Clydesdale Trail was built in the early 1980's. The road has held up rather well considering the heavy truck traffic traveling it year round. In 2008 public works repaired manholes, installed leak protection, blade patched and seal coated the road. In 2012 the road was seal coated again. The road surface, and a major portion of the curb, has deteriorated to a point that an overlay and curb replacement is necessary. In 2016 WSB engineers did coring samples of the road to find out what remained of the original road and base. The coring's turned up 6" of asphalt with just the surface in poor condition. The recommendations were to do a 2" overlay and replace the deteriorating curb. The utilities under the street have been problem free in the past 20 years so the recommendation is no utility changes until this street is completely reconstructed at a later date. A cost analysis is also discussed and is presented in the Cost Summary section. A detailed cost estimate of the proposed improvements is presented in Appendix A. Clydesdale Trail Overlay Project Page 3 City of Medina — Clydesdale Trail Overlay Project 2.0 Summary and Recommendations The overlay and curb replacement of Clydesdale Trail is feasible from an engineering standpoint. The project is cost effective and necessary to prolong the useful life of the road. The following recommendations are presented for consideration by the Medina City Council: 1) That this report be adopted as the guide for the overlay of Clydesdale Trail. 2) That the cost of improvements be allocated in accordance with the City's Special Assessment Policy throughout the proposed roadway improvement area. 3) That a public hearing be held June 6, 2017, on the proposed improvements. Clydesdale Trail Overlay Project Page 4 City of Medina — Clydesdale Trail Overlay Project 3.0 Street Improvements Roadways in Medina are rated on a scale of 1 to 5 based on their condition (5, indicating excellent condition). Clydesdale Trail is currently rated at a 2. The road was crack sealed and seal coated in 2012 to continue its life expectancy. The Clydesdale Trail Road Project was added to the City's 2017 Capital Improvement Plan. Below is a brief summary of the project. The project consists of milling two inches of the surface asphalt, remove and replace deteriorating curb, and resurface with a new 2" lift of asphalt over approximately 800 feet of Clydesdale Trail. The project will also adjust any manholes and or catch basins that require adjustment. The Clydesdale Trail Road Project will include application of 275 tons of asphalt and the replacement of approximately 1032 feet of curbing and 100ft of valley gutter. The road width is approximately 32 feet wide including curb. Cost estimates for the proposed street improvement are presented in Appendix A. Clydesdale Trail Overlay Project Page 5 Figure 1 WICHITA TRAIL ROAD PROJECT R New Bituminous (Near Course (1 1/2") Remaining Existing Bituminous Ex. Aggregate Base Course t NOTE: • Milling only where necessary for improved drainage and pre - patching in weak areas. • Possible bituminous curb where very flat areas exist to keep drainage working properly. City of Medina — Clydesdale Trail Overlay Project 4.0 Cost Summary Detailed cost estimates for the proposed improvements are presented in Appendix A. The costs represent estimated construction costs for an overlay project on Clydesdale Trail, including curb removal and installation, milling and repaving, plus an additional 15% allowance for project administration, management, and contingencies. The cost for the work is based on material bids for 2017, recently received by the City of Medina. A summary of the estimated costs is presented in Table 1. TABLE 1 — PROPOSED IMPROVEMENT COST SUMMARY Project Cost Clydesdale Trail $69,723.00 Total $69,723.00 Clydesdale Trail Overlay Project Page 6 City of Medina — Clydesdale Trail Overlay Project 5.0 Funding Options 5.1 ASSESSMENTS The City of Medina has an adopted special assessment policy regarding public improvements. Clydesdale Trail is classified as a urban collector street. Following the guidelines of this policy, 40% of the construction costs for the project will be funded through special assessments. Properties which will be assessed for a portion of the project are identified in Appendix B. 5.2 CITY FUNDS The remainder of the project costs not assessed to benefitting properties will be funded with City Street funds. Clydesdale Trail Overlay Project Page 7 City of Medina — Clydesdale Trail Overlay Project 6.0 Project Schedule The schedule that is shown below provides for completion in October 2017. Council accepts Feasibility May 2, 2017 Call for Public Hearing/Assessment Hearing May 2, 2017 Public Hearing/Assessment Hearing June 6, 2017 Begin Construction July 2017 Final Completion October 2017 The schedule assumes that the public hearing and assessment hearing for the project will be held at a single, regularly -scheduled Council meeting. Note that the construction process should occur over a one week period during a July through October timeframe. Clydesdale Trail Overlay Project Page 8 APPENDIX A Cost Estimate Clydesdale Trail Overlay Project Page 9 2017 Street CIP Cost Estimate for Improvements Clydesdale Trail Units Amount $/Unit Total 2.0 inches of Bituminous Wear Course SPWEB240(B) TN 275 59.75 $16,431 Asphalt curb patch TN 40 59.75 $ 2,390 Milling sq. yd 2488 1.75 $ 4,354 Curb removal & replacement L.F. 1032 35.00 $36,120 Valley Gutter R&R LF. 100 42.00 $4,200 10% Contingency Allowance $ 6368 Total Estimated Cost $69,723 Cost Assumptions: Tack coat cost included in the bituminous wear course unit price. Estimate includes milling only where necessary to improve drainage and pre -patching in weak areas. Clydesdale Trail Overlay Project Page 10 APPENDIX B Assessment and Proposed Improvement Area Map Clydesdale Trail Overlay Project Page 11 ,. 2017 Clydesdale Trail Improvement Project Project Location and Potential Assessment Area MEDINA Legend Mill and Overlay Location Curb Replacement Potential Assessment Area Map Date: April 21, 2017 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: April 27, 2017 SUBJ: Planning Department Updates — May 2, 2017 City Council Meeting Land Use Application Review A) Elim Care Concept Plan — north of Highway 12, east of CR 29 — Elim Care has requested review of a concept plan for potential development of a 134-unit skilled nursing/assisted living/independent living facility in 2018. The applicant originally requested a Comp Plan amendment and rezoning to reguide the subject property to High Density Residential (HDR) and to rezone to the R4 zoning district. The City's DRAFT 2040 Comp Plan identifies the property as HDR, to allow them to move ahead quicker than the Comp Plan Review. The applicant has since withdrawn the Comprehensive Plan amendment and rezoning, but continues to request Concept Plan Review. The Planning Commission held a public hearing and provided comments at their April 11 meeting and the City Council is scheduled to review on May 2. B) 4035 Apache Drive Animal Structure Setback variance — Joe Molde has requested a variance to reduce the required animal structure setback of 150 feet for a small chicken coop. It appears that no location on the subject site could meet the 150 foot setback. The Planning Commission reviewed at their April 18 meeting and recommended approval. The City Council will hold a public hearing at the May 2 meeting. C) Johnson Accessory Dwelling Unit CUP — Robin Johnson has requested a CUP to allow an accessory dwelling unit in an accessory structure at 1325 Tamarack Drive. The application is tentatively scheduled for a public hearing at the May 9 Planning Commission meeting. D) 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 held a public hearing on the request at their March 20 meeting and recommended approval of the request. The Council adopted resolutions for approval on April 18. Staff will work with the applicant on meeting the conditions of approval. E) 1822 Homestead Solar Panel CUP and Text Amendment — Peter and Mindy Rechelbacher have requested a conditional use permit to construct a ground -mounted solar array with a footprint of 1500 s.f. The applicants have also requested that the City amend its zoning code to increase the allowed footprint of solar arrays from 1000 s.f. to 1500 s.£ The Planning Commission held a public hearing at their April 11 meeting. Following review, the Commission recommended approval of the amendment to the zoning code. The City Council adopted the ordinance on April 18, which made the proposed array a permitted use, so a CUP will not be required. The project will now be closed. F) Woodridge Church, 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. G) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting a final plat application Planning Department Update Page 1 of 2 May 2, 2017 City Council Meeting H) 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 Other Proiects A) Comprehensive Plan — The draft Comprehensive Plan has been routed to affected jurisdictions for their review. Staff intends to send a follow-up after a few months in attempt to receive comments sooner in the 6-month period. B) Mediacom Analysis — staff has provided a proposal to Mediacom consistent with City Council direction from the March 21 work session and awaits their approval. C) Conservation Design-PUD Regulations — Staff intends to present the CD-PUD ordinance for review by the Planning Commission at the May 9 meeting, following direction of the City Council. D) Nursing Home/Memory Care/Assisted Living regulations; R-4 Zoning District Regulations — Staff intends to discuss regulations related to senior care facilities and regulations for the high density residential land use for Planning Commission review at the May 9 meeting. This discussion arises out of discussions with recent Concept Plan reviews and the pending update to the Comprehensive Plan. E) Predatory Offender Ordinance — Planning staff provided a geographical analysis of potential setbacks from different uses requested by the Police Department. F) Reserve of Medina Park Discussions — staff had discussions with Toll Brothers about potential amendments to their plat which provides opportunities for a small park area in the northwest corner of the site. Staff provided an update to the Park Commission on the matter. Planning Department Update Page 2 of 2 May 2, 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 April 28, 2017 Department Updates Out of the Office I was out of the office from April 11`h through April 16th taking care of my father after he had eye surgery. The surgery went well. The recovery is going very slow. He was still blind when I left. We will have to wait to see if he will regain his sight. Minnesota Chiefs Executive Training Institute (ETI) Conference I attended the 2017 ETI Conference in St. Cloud from April 23rd through April 26th. The conference was titled "Leading in Turbulent Times". They recapped the shooting at the St. Cloud Mall that occurred in 2016. I attended breakout sessions on body cameras, data practices, and officer involved shooting situations, St. Paul Police response to the civil unrest and a recap of the Baton Rouge ambush that killed three of their police officers. The conference wrapped up with a panel discussion of investigators that worked on the Jacob Wetterling abduction case. Patty Wetterling addressed the chiefs prior to being dismissed. It was an excellent conference. I want to thank the City Council and Administrator Johnson for the opportunity to attend this conference. New Squad Arrived On April 1 lthwe received our new squad for 2017. It will be put into service in the fall of this year. Normally, we purchase two squads per year. Due to the fact that we have been working short one officer, we have saved miles over the last six months. We will only need one squad this year. Active Shooter Training On April 26th we participated in active shooter training with the Loretto Fire Department. The active shooter training will continue to be a priority for emergency services throughout our Country. Patrol by Sergeant Nelson Training On April 18-20 Officer Jessen attended basic narcotics training in St. Paul. On April 25-26 I attended the Chief s Conference in St. Cloud. This was a very good conference with a lot of great speakers and a great opportunity to network with our chiefs of police. Patrol Activities For the dates of April 12 to April 27, 2017, our officers issued 70 citations and 107 warnings for various traffic infractions. There was a total of one traffic accident, two DWIs, 10 medicals and 10 alarms. On April 15th Officer Converse responded to Casey's General Store to take a theft report. It was discovered that a male and female who we are familiar with had been into Casey's in an attempt to get gas, cigarettes and other groceries. The checks that were attempted to be written were not allowed. A stranger paid for the gas and then the male suspect left the store with all the other items without them being paid for. These two subjects have been active in writing bad checks and other criminal activity throughout the west metro. On April 16th Officer McGill took a report where a female indicated that she had been hit in the head with a beer bottle by her intoxicated boyfriend. The incident had occurred earlier and the female did not wish to do anything about it, but wanted it documented for future litigation. On April 21' Officer Jessen stopped a vehicle for a seatbelt violation. The passenger was found to have an active felony warrant for a probation violation in Wright County. The male was arrested and transported to Wright County. On April 23rd Officer McKinley was dispatched to check on a vehicle in the ditch on Homestead Trail south of County Road 24. The vehicle was located and so was its intoxicated driver who was arrested for DWI. The driver tested .26 which is over three times the legal limit. On April 24th Officer Jessen was dispatched to an unwanted party at a residence. Upon arrival, it was learned that an ex -boyfriend had tried to break down the door of the residence attempting to gain access. The male was located and arrested. On April 27th Officer Swalchick spoke with a victim of an Internet scam where the victim attempted to purchase a motorcycle for $8600. Money was sent via wire transfer but the victim never got the motorcycle. It has since been discovered that the person who the victim was dealing with is not real. Case forwarded to Investigations. Investigations by Investigator Kevin Boecker Investigator Boecker is out of the office for the week. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: April 25, 2017 MEETING: May 2, 2017 SUBJECT: Public Works Update STREETS • The final road postings we removed this week and ended another season of weight restrictions. The police did a great job enforcing and protecting our streets from excessive damage from trucks. • I have completed the feasibility reports for the 2017 road projects and they are in your packet for review. I have a good handle on the projects, but haven't been able to meet with the residents and businesses that will be affected yet. I do plan to get out next week and make contact with most of them prior to the assessment letters going out. • I have had two road complaints this past week both coming from Hickory Drive. They are two separate cul-du-sacs on different ends of town. Both streets will be in next year's CIP for repair. • I am still gathering quotes for repairing the intersection near Wells Fargo on Clydesdale Trail. The concrete is in disrepair and is in need of replacement. This is a concrete failure and clearly did not live out its life expectancy. WATER/SEWER/STORMWATER • The sewer meters are in place and we have located a large leak near the Evergreen Road area. We are in the process of calculating how much flow could have entered the manhole during the September 22 event last year that caused the large exceedance. This, along with the lift station being overcome by flood water, could significantly reduce the surcharge we are faced with from MCES. • PW has been doing some sump inspections in the Wild Meadows North area. We have not turned up any illegal connections as of today, but we will keep looking until we find a solution to our problem. PARKS/TRAILS • Public Works has been spending a lot of time prepping the parks for the upcoming season. The fields have been rolled, the first mowing has been done, two semi loads of ag lime have been placed on the fields and the field house has been put back in service, along with many other things. " T h e a n n u a l p a r k t o u r w e n t w e l l w i t h l o t s o f i d e a s . S t a f f w i l l d i s c u s s t h e s e i t e m s a t a n u p c o m i n g p a r k c o m m i s s i o n m e e t i n g . M I S C E L L A N E O U S " W e h a d s t a f f C P R a n d f i r s t a i d t r a i n i n g o n t h e 2 5 t h o f A p r i l . P u b l i c W o r k s e m p l o y e e s a r e c o n s i d e r e d f i r s t r e s p o n d e r s s i n c e 9 1 1 a n d a r e r e q u i r e d t o h a v e t h e t r a i n i n g . " W e a r e p r e p p i n g f o r c l e a n u p d a y t h i s w e e k w i t h a l o t o f d e t a i l s t o g e t i n t o p l a c e . A s a l w a y s , P W s t a f f w i l l b e o n h a n d t o h e l p w i t h t h e e f f o r t . P a g e 2 o f 2 ORDER CHECKS APRIL 19 2017 - May 2, 2017 045794 SPRINT $8,004.96 045795 TAJAMAL, SHAISTA $250.00 045796 TITLESMART, INC $9.46 045797 ANNE, VENKATA KIRAN $150.00 045798 CASH $150.00 045799 MOHAN CHETTIAR $250.00 045800 COLE, NEAL $250.00 045801 ENCLAVE MASTER ASSN $967.10 045802 TOLL BROS.- RESERVE OF MEDINA $46.93 045803 BEAUDRY OIL & PROPANE $1,426.75 045804 BUDGET PRINTING $416.15 045805 BURDAS TOWING $99.77 045806 CARGILL INC $1,562.91 045807 CONTEMPORARY IMAGES $2,872.14 045808 COUNTRYSIDE CAFE $191.53 045809 EGAN $467.46 045810 ESS BROS. & SONS, INC. $126.00 045811 GRAINGER $28.75 045812 HAKANSON ANDERSON ASSOCIATES I $500.00 045813 INTEREUM, INC $841.66 045814 KD & COMPANY RECYCLING INC $227.94 045815 KENNEDY & GRAVEN CHARTERED $14,687.77 045816 LAW ENFORCEMENT LABOR $392.00 045817 MADISON NATIONAL LIFE $634.66 045818 MARCO INC $30.97 045819 POST BOARD $270.00 045820 MOTLEY AUTO SERVICE LLC $551.00 045821 NELSON ELECTRIC MOTOR REPAIR $220.00 045822 OFFICE DEPOT $300.67 045823 RANDY'S SANITATION INC $40.00 045824 ROBERTS TILE CO $522.00 045825 ROLF ERICKSON ENTERPRISES INC $7,423.47 045826 SITEONE LANDSCAPE SUPPLY LLC $693.35 045827 SUN LIFE FINANCIAL $621.90 045828 SUPPLY SOLUTIONS LLC $268.19 045829 TEGRETE CORP $1,314.00 045830 TIMESAVER OFFSITE $414.00 045831 WSB & ASSOCIATES $15,046.75 Total Checks $62,270.24 ELECTRONIC PAYMENTS APRIL 19, 2017 - May 2, 2017 04116E CITY OF MEDINA $21.00 04117E PR FED/FICA $16,838.11 04118E PR MN Deferred Comp $2,470.00 04119E PR PERA $14,631.44 04120E PR STATE OF MINNESOTA $3,445.65 04121E SELECT ACCOUNT $751.45 04122E PREMIUM WATERS INC $31.00 04123E FARMERS STATE BANK OF HAMEL $55.00 04124E MINNESOTA, STATE OF $1,013.00 04125E SELECT ACCOUNT $1,146.41 04126E AFLAC $394.88 04127E KONICA MINOLTA $168.48 04128E MARCO (LEASE) $774.48 04129E MEDIACOM OF MN LLC $439.80 04130E XCEL ENERGY $9,821.26 04131E DELTA DENTAL $2,538.70 04132E WRIGHT HENN COOP ELEC ASSN $2,035.31 04133E SELECT ACCOUNT $495.43 04134E VALVOLINE FLEET SERVICES $115.91 Total Electronic Checks $57,187.31 PAYROLL DIRECT DEPOSIT APRIL 19, 2017 507855 ALTENDORF, JENNIFER L $1,332.97 507856 BARNHART, ERIN A. $1,997.94 507857 BELLAND, EDGAR J $2,570.19 507858 BOECKER, KEVIN D. $2,162.82 507859 CONVERSE, KEITH A $2,085.88 507860 DINGMANN, IVAN W $1,554.36 507861 ENDE, JOSEPH $1,456.49 507862 FINKE, DUSTIN D. $2,178.55 507863 GALLUP, JODI M $1,752.05 507864 GLEASON, JOHN M. $1,845.84 507865 GREGORY, THOMAS $1,924.16 507866 HALL, DAVID M. $2,020.74 507867 JESSEN, JEREMIAH S $2,448.32 507868 JOHNSON, SCOTT T. $2,275.21 507869 KLAERS, ANNE M $1,154.57 507870 LANE, LINDA $1,492.97 507871 LEUER, GREGORY J. $2,248.97 507872 MCGILL, CHRISTOPHER R. $1,709.39 507873 MCKINLEY, JOSHUA D $1,554.06 507874 NELSON, JASON $2,655.79 507875 PETERSON, DEBRA A $1,684.69 507876 REINKING, DEREK M $1,591.50 507877 SCHARF, ANDREW $584.48 507878 SCHERER, STEVEN T. $2,289.30 507879 SWALCHICK, CRAIG M $1,322.80 507880 VIEAU, CECILIA M. $1,138.40 Total Payroll Direct Deposit $47,032.44