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06.02.2015 City Council Meeting Packet
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 2, 2015 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the May 19, 2015 Special Council Meeting B. Minutes of the May 19, 2015 Regular Council Meeting V. CONSENT AGENDA A. Approve 2015-2016 Liquor License Renewals B. Approve Curb and Concrete Installation Services Agreement with Schmidt Curb Co. Inc. C. Resolution Supporting a Minnesota Pollution Control Agency Clean Water Partnership Grant Application for the Ardmore Avenue Stormwater Retrofit Water Quality Improvement Project D. Resolution Approving Master Subscriber Agreement for Minnesota Court Data Services with the State of Minnesota VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. OLD BUSINESS A. Sale of $1,765,000 General Obligation Improvement Bonds, Series 2015A 1. Resolution Awarding the Sale of General Obligation Capital Improvement Plan Bonds, Series 2015A, in the Original Aggregate Principal Amount of $1,765,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment B. Medina Golf & Country Club — General Plan PUD, CUP Amendment and Site Plan Review 1. Ordinance Amending the Villas at Medina Country Club Planned Unit Development District for the Medina Golf & Country Club 2. Resolution Authorizing Publication of the Ordinance by Title and Summary 3. Resolution Approving a Conditional Use Permit and Site Plan Review to Construct Certain Accessory Buildings at the Medina Golf & Country Club VIII. NEW BUSINESS A. Aldi — Site Plan Review and Hardcover Variance — 3522 Sioux Drive — Public Hearing B. Highway 55/County Road 116 Intersection Layout 1. Resolution Approving the Preliminary Concept Layout for the Reconstruction of the TH 55 at CR 116/CSAH 115 Intersection IX. X. XI. C. Wright -Hennepin Electric Cooperative — Conditional Use Permit for Solar Panels — 4315 Willow Drive D. Ordinance Establishing the Villas at Medina Country Club Storm Sewer Improvement Tax District — Public Hearing 1. Resolution Authorizing Publication of the Ordinance by Title and Summary CITY ADMINISTRATOR REPORT MAYOR & CITY COUNCIL REPORTS APPROVAL TO PAY BILLS Posted 5/29/2015 Page 1 of 1 XII. ADJOURN Posted 5/1/2015 Page 2 of 2 MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 2, 2015 7:00 P.M. Medina City Ha11 2052 County Road 24 Meeting Rules of Conduct: • Fi11 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 May 19, 2015 Special Council Meeting B. Minutes of the May 19, 2015 Regular Council Meeting V. CONSENT AGENDA A. Approve 2015-2016 Liquor License Renewals B. Approve Curb and Concrete Installation Services Agreement with Schmidt Curb Co. Inc. C. Resolution Supporting a Minnesota Pollution Control Agency Clean Water Partnership Grant Application for the Ardmore Avenue Stormwater Retrofit Water Quality Improvement Project D. Resolution Approving Master Subscriber Agreement for Minnesota Court Data Services with the State of Minnesota VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. OLD BUSINESS A. Medina Golf & Country Club — General Plan PUD, CUP Amendment and Site Plan Review 1. Ordinance Amending the Villas at Medina Country Club Planned Unit Development District for the Medina Golf & Country Club 2. Resolution Authorizing Publication of the Ordinance by Title and Summary 3. Resolution Approving a Conditional Use Permit and Site Plan Review to Construct Certain Accessory Buildings at the Medina Golf & Country Club VIII. NEW BUSINESS A. Aldi — Site Plan Review and Hardcover Variance — 3522 Sioux Drive — Public Hearing B. Highway 55/County Road 116 Intersection Layout 1. Resolution Approving the Preliminary Concept Layout for the Reconstruction of the TH 55 at CR 116/CSAH 115 Intersection IX. X. XI. XII. C. Wright -Hennepin Electric Cooperative — Conditional Use Permit for Solar Panels — 4315 Willow Drive D. Ordinance Establishing the Villas at Medina Country Club Storm Sewer Improvement Tax District — Public Hearing 1. Resolution Authorizing Publication of the Ordinance by Title and Summary CITY ADMINISTRATOR REPORT MAYOR & CITY COUNCIL REPORTS APPROVAL TO PAY BILLS ADJOURN Posted 5/29/2015 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: May 29, 2015 DATE OF MEETING: June 2, 2015 SUBJECT: City Council Meeting Report V. CONSENT A. Approve 2015-2016 Liquor License Renewals — All paperwork and fees are in order. Staff recommends approval. See attached memo. B. Approve Curb and Concrete Installation Services Agreement with Schmidt Curb Co. Inc. — The Contractor will perform curb and concrete installation services per the attached agreement for the City in 2015. Schmidt Curb Co. Inc. was the low bid on the road material bids that the City Council approved at the March 17th meeting. Staff recommends approval. See attached agreement. C. Resolution Supporting a Minnesota Pollution Control Agency Clean Water Partnership Grant Application for the Ardmore Avenue Stormwater Retrofit Water Quality Improvement Project — The Minnesota Pollution Control Agency (MPCA) and the City of Medina propose to construct a water quality pond for the removal of sediment and nutrients for the Ardmore Avenue Stormwater Retrofit Improvement Project in conjunction with the Independence Beach road overlay project. Medina will need to provide a 50% grant match of $33,163 for the grant, which can be in the form of cash and cash value for in -kind services. Staff recommends approval. See attached resolution and grant agreement. D. Resolution Approving Master Subscriber Agreement for Minnesota Court Data Services with the State of Minnesota — At the request of Steve Tallen, Medina's Prosecuting Attorney, and the Medina Police Department, the City will enter into a Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies with the State of Minnesota, Office of State Court Administration. The updated agreement allows access to Court Records and Documents. Staff recommends approval. See attached resolution. VII. OLD BUSINESS A. Medina Golf & Country Club General Plan PUD, CUP Amendment and Site Plan Review- At the May 19th City Council meeting, the Council tabled the application requesting that the applicant provide dormers, cupolas, window treatments, 3 % feet of river rock on the bottom on the building, and a berm to elevate landscaping. These enhancements were to be considered in exchange for the City to allow the primary metal building material. The applicant has instead provided a new building design that does not use metal. These proposed building materials are not prohibited by Section 828.04. See attached report Recommended Motion #1: Approve Ordinance Amending the Villas at Medina Country Club Planned Unit Development District for the Medina Golf & Country Club Recommended Motion # 2: Approve Resolution Authorizing Publication of the Ordinance by Title and Summary Recommended Motion # 3: Approve Resolution Approving a Conditional Use Permit and Site Plan Review to Construct Certain Accessory Buildings at the Medina Golf & Country Club VIII. NEW BUSINESS A. Aldi — Site Plan Review and Hardcover Variance — 3522 Sioux Drive — Public Hearing - Aldi, Inc. proposes to construct a 17,825 square foot grocery store at the southeast corner of Highway 55 and Sioux Drive. The development would require the following land use approvals in order to permit the construction proposed by the applicant: 1) Variance — the applicant requests a variance to exceed the maximum of 25% impervious surface permitted in the Shoreland Overlay district of Elm Creek. 2) Site Plan Review for construction of a new commercial building. See attached report. Possible Motion #1: Refer to Planning Commission — the site plan has been amended since Planning Commission review. It is not clear whether this would change the recommendation, but the Council could refer to it in order to find out. Possible Motion #2: Direct staff to prepare documents for denial based upon the findings provided by the Planning Commission. If the City Council concurs that the variance criteria have not been met, this motion would be appropriate. Possible Motion #3: Direct staff to prepare documents for approval. Staff has provided potential conditions to the Planning Commission in case they found the variance criteria were met. These conditions are provided below for reference in case the Council finds the variance criteria have been met: 2 B. Highway 55/County Road 116 Intersection Layout — Medina representatives met with Hennepin County and MNDOT representatives on April 24, 2015 on the Highway 55/CR 116 project. Hennepin County agreed to move forward with the interim improvements this summer if Medina agreed to move forward with the full - reconstruction of the intersection in 2017. Staff informed Hennepin County that we would need to have Council approve the proposed 60% plans, layout No. 4, for the proposed project to move forward. Final plans will still need to be approved by the City Council. Staff is requesting review of the project and approval of the attached resolution. See attachments. Recommended Motion: Approve Resolution Approving the Preliminary Concept Layout for the Reconstruction of the TH 55 at CR 116/CSAH 115 Intersection C. Wright -Hennepin Electric Cooperative — Conditional Use Permit for Solar Panels — 4315 Willow Drive — Wright -Hennepin Electric Cooperative has requested a Conditional Use Permit to construct a ground mounted solar array at its property at 4315 Willow Drive. The subject property contains an existing electric substation and accessory uses including backup generators. Business development exists to the north and east. The remaining surrounding property is currently farmed but planned for future Business development. See attached report. Recommended Motion: Direct staff to prepare a resolution approving the CUP based upon the findings noted in the staff report and subject to conditions recommended by the Planning Commission. D. Ordinance Establishing the Villas at Medina Country Club Storm Sewer Improvement Tax District — Public Hearing — The City's practice is to require that homeowners' associations maintain stormwater improvements within developments. This is formalized through an agreement that is recorded against each property. Additionally, the City's practice is to establish Storm Sewer Improvement Taxing District over development sites as a "back-up plan" if the homeowner's association does not maintain stormwater improvements. The City has taken this step in all recent residential subdivisions. See attached memo, ordinance and resolution. Recommended Motion # 1: Adopt Ordinance Establishing the Villas at Medina Country Club Storm Sewer Improvement Tax District Recommended Motion # 2: Adopt Resolution Authorizing Publication of the Ordinance by Title and Summary 3 XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003162E-003175E for $48,191.95, order check numbers 42871-42920 for $327,184.81, and payroll EFT 506413-506439 for $46, 508.75. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 4 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF MAY 19, 2015 The City Council of Medina, Minnesota met in special session on May 19, 2015 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Mitchell, Cousineau, Martin, Pederson Members absent: Anderson Also present: City Administrator Scott Johnson, Public Works Director Steve Scherer, City Attorney Ron Batty, and City Planner Dusty Finke II. Pioneer Sarah Watershed Discussion Pioneer Sarah Creek Watershed Commissioner Mike McLaughlin provided an update on the commission. Mr. McLaughlin asked the City Council for the authority to vote in favor of a watershed district. He thought the option would give the City of Medina more control over who is appointed to serve on the watershed district board and a district would be more proactive on future projects. Mr. McLaughlin also thought the watershed could be set up in a modest manner to control taxpayer costs. Finally, a district could also apply for grants and other sources to pay for projects. Pat Wulff, Alternate Commissioner for Pioneer Sarah, was also frustrated with the watershed and thought it would be dollar foolish to continue in its current form. Mr. McLaughlin and Mrs. Wulff thought that the majority of residents in the Medina portion of Pioneer Sarah would support a levy increase with the change to a district. The City Council authorized Commissioner McLaughlin to vote in favor of a watershed district for the Pioneer Sarah Watershed. III. Job Creation Fund Application for InCity Farms Staff provided information on fiscal disparities, payments in -lieu, possibility of a future waiver of limitation on a private well for the site, and metering sewer/water usage. Council Members also mentioned the following items that should be addressed if the project moves forward; how a well agreement could be set up and monitored, how a reservoir or cistern could be used to help off -set peak water usage, and set up a payment in -lieu agreement to address City property taxes. Adjournment Mitchell closed the meeting at 6: 56 p.m. Bob Mitchell, Mayor Attest: Scott Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 1 May 19, 2015 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 19, 2015 4 5 The City Council of Medina, Minnesota met in regular session on May 19, 2015 at 7:05 6 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: Anderson. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Tom Kellogg, City Planner Dusty Finke, City Planning Consultant Nate Sparks, Public 16 Works Director Steve Scherer, Public Safety Director Ed Belland, and Recording 17 Secretary Amanda Staple. 18 19 II. PLEDGE OF ALLEGIANCE (7:06 p.m.) 20 21 III. ADDITIONS TO THE AGENDA (7:06 p.m.) 22 The agenda was approved as presented. 23 24 IV. APPROVAL OF MINUTES (7:07 p.m.) 25 26 A. Approval of the May 5, 2015 Regular City Council Meeting Minutes 27 It was noted on page one, line 42, it should state, "...work". On page two, line 51, it 28 should state, "...unmodified objection opinion..." On page three, line 30, it should state, 29 "...that a resident could be prepaying prepay the assessment." On page three, line five, 30 it should state, "...balance has been exceeding operating receipts cover the operating 31 expenses..." On page three, line 19, it should state, "...special assessments and 32 property tax levy will fund a portion of the project debt service..." On page three, line 34, 33 it should state, "...always prepay by May 20th of this year..." On page three, line 47, it 34 should state, "...noting that although..." On page four, line 34, it should state, "...that 35 tree..." On page five, line 15, it should state, "...Shawnee Woods Road..." On page 36 five, line five, it should state, "...labeled replaced..." On page six, line 25, it should state, 37 "...referenced a prior discussion..." On page six, line 33, it should state, "...if the trail 38 were was going to be moved, they staff..." On page six, line 40, it should state, 39 "...pertaining to the trail location..." On page seven, line 19, it should state, "...should 40 the trail be relocated." On page seven, line 46, it should state, "...that it is questionable 41 if section 1306 has not provided had advanced safety as it has thwarted development." 42 On page eight, line 12, it should state, "...alternate metal building materials for the 43 maintenance facility." On page eight, line 12, it should state, "...alternate metal building 44 materials. for the new maintenance facility." 45 46 Moved by Martin, seconded by Cousineau, to approve the May 5, 2015 regular City 47 Council meeting minutes as amended. Motion passed unanimously. 48 Medina City Council Meeting Minutes 1 May 19, 2015 1 V. CONSENT AGENDA (7:12 p.m.) 2 3 A. Resolution No. 2015-39 Approvinq Off -Site Gambling Permit for the NW 4 Area Jaycees to Conduct Lawful Charitable Gambling at 500 Highway 55 5 B. Resolution No. 2015-40 Approvinq Animal Structure Setback Variance for 6 Todd and Katie Monger at 1272 Homestead Trail 7 Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion 8 passed unanimously. 9 10 VI. COMMENTS (7:13 p.m.) 11 12 A. Comments from Citizens on Items not on the Agenda 13 There were none. 14 15 B. Park Commission 16 Scherer reported that the Commission will hold the park tour the following night. 17 18 C. Planning Commission 19 Planning Commissioner Murrin reported that the Planning Commission discussed a 20 variance request for 50 percent hardcover from Aldi and ultimately recommended denial 21 of the request. She stated that there was also discussion regarding the tree 22 replacement plan as it had been lacking and then the amended plan would have been 23 overplanted. She stated that the Commission was in favor of a smaller building for the 24 site with reduced parking and hardcover. She noted that there was also discussion 25 regarding access to the property and more specifically the affect that could have on the 26 Arnt property. She stated that the Commission also considered a request from Wright 27 Hennepin regarding a Conditional Use Permit for a solar garden and recommended 28 approval of that request. 29 30 Martin asked for additional information on the hardcover variance. 31 32 Murrin stated that the proposed hardcover ratio was 50 percent compared to the allowed 33 25 percent for that zoning district. 34 35 Mitchell stated that he received three calls from business people in favor of the project 36 and advised that staff is working with Aldi and an amended request will come before the 37 Council on June 2nd 38 39 Pederson stated that he also received calls of support for the project. 40 41 VII. NEW BUSINESS 42 43 A. Independence Beach Improvement Project (7:18 p.m.) 44 Johnson stated that the Council discussed the proposed improvement project at the 45 previous meeting and brought the project forward as directed. He noted that a public 46 hearing would be needed for both action items. 47 48 Batty stated that one public hearing could be held jointly for the improvement project and 49 the assessment. He explained that the first resolution would order the project and 50 suggested that a fourth item be added indicating that the project will be constructed 51 utilizing the 2015 materials bids previously accepted by the City Council. Medina City Council Meeting Minutes 2 May 19, 2015 1 2 Mitchell opened the public hearing at 7:20 p.m. 3 4 Mary Lou Kunz, 2785 County Road 19, stated that she did not know about the project 5 until she received the mailing. She stated that her neighbors were unaware of the 6 project as well and wanted to learn more about the project. She stated that some of the 7 neighbors that have access to CR 19 did not receive the mailing. 8 9 Scherer explained that the residents that have access to CR 19 do not access onto 10 Lakeshore Drive and therefore will not be assessed. He advised that there were 11 neighborhood meetings and public involvement throughout the process. He explained 12 the road improvements and assessment policy. He reviewed the streets that would be 13 included in the project. 14 15 Clint Lueck, 2997 Lakeshore Avenue, questioned when the information gathering took 16 place. 17 18 Scherer estimated that the neighborhood meeting took place in March. He stated that 19 letters were sent to all affected residents. 20 21 Lueck stated that he had spent some time in Arizona and was not aware of the project 22 details. 23 24 Scherer explained that the project would simply be an overlay of the street and they 25 would attempt to correct drainage issues as they go. He stated that this will be a giant 26 improvement from what is in existence. 27 28 Lueck questioned how the assessment amount for each property owner would be 29 assessed. 30 31 Scherer explained that the project cost is split into two portions, the City and the 32 assessed portion, and the assessed portion is then split between the assessed 33 properties. 34 35 Lueck asked for additional details regarding the interest rate. 36 37 Scherer replied that the interest rate would be four percent and the assessment would 38 be split over seven years. He stated that residents can choose to pay the assessment 39 earlier if desired. 40 41 Batty explained that the letter sent to homeowners explains the two public hearing items 42 considered tonight. He advised that this project will be assessed on a per lot basis and 43 stated that homeowners have the right to appeal the assessment if desired. He stated 44 that in order to appeal the assessment, a written objection must be filed prior to the close 45 of the public hearing tonight. He stated that would preserve the right for the property 46 owner to appeal, but advised that the resident would then have to follow through with the 47 appeal process. He stated that if the Council adopts the assessment resolution tonight, 48 the assessed property owners would have a 30-day period to pay the assessment 49 without interest. 50 51 Mitchell closed the public hearing at 7:36 p.m. Medina City Council Meeting Minutes 3 May 19, 2015 1 2 1. Resolution No. 2015-41 Approving Plans According to Feasibility 3 Report and Ordering Independence Beach Improvement Project 4 Moved by Martin, seconded by Cousineau, to approve Resolution No. 2015-41 5 Approving Plans According to Feasibility Report and Ordering Independence Beach 6 Improvement Project, with an additional paragraph four to be added stating "The project 7 will be constructed utilizing the 2015 material bids previously accepted by the City 8 Council" Motion passed unanimously. 9 10 2. Resolution No. 2015-42 Adopting Assessment Roll for Independence 11 Beach Overlay Project 12 Moved by Martin, seconded by Pederson, to approve Resolution No. 2015-42 Adopting 13 Assessment Roll for the Independence Beach Overlay Project. Motion passed 14 unanimously. 15 16 B. Mill and Paving Services Agreement with Omann Brothers, Inc. (7:38 p.m.) 17 Scherer stated that the agreement is based on the bids received and approved by the 18 City for the Independence Beach Improvement Project. 19 20 Moved by Martin, seconded by Pederson, to approve the Mill and Paving Services 21 Agreement with Omann Brothers, Inc. for the 2015 paving projects. Motion passed 22 unanimously. 23 24 Scherer stated that work will begin on the northern end working towards the park in June 25 while work on the southern half would begin later this summer. 26 27 C. Wealshire of Medina — Rezoning, Site Plan Review and Interim Use Permit 28 (7:40 p.m.) 29 Finke presented a request for a new commercial building, a 150 resident memory care 30 facility, noting that the project would begin with the first phase of 84 units. He stated that 31 the land use requests include a rezoning, Site Plan review and Interim Use Permit (IUP). 32 He stated that the Planning Commission held a public hearing on the requests in 33 February and recommended approval. He stated that the Council should first consider 34 the rezoning request, as the Site Plan would be contingent upon that change. He stated 35 that the applicant had brought forth a Comprehensive Plan amendment previously to 36 reguide the property and advised that this step would be likely to follow in order to match 37 the guiding of the property. He stated that the proposed use would be an allowable use 38 in the requested zoning district. He stated that detailed information is included in the 39 staff report and he could answer any questions. He referenced the access to the site 40 and stated that staff does have recommendations in the case of future development and 41 recommends a petition and waiver be required for the potential future assessment 42 should the public improvement projects move forward. He referenced sewer and water 43 and stated that staff is recommending language within the development agreement 44 justifying lower connection fees based on the water usage at the applicant's other 45 facilities, with a full fee being required if actual water usage is higher. He referenced the 46 IUP request and stated that the southern portion of the lot is currently agricultural and 47 would like to remain as that use until the time of future development. He stated that staff 48 does not oppose that request as proposed. He reported that the Planning Commission 49 recommended approval of these requests subject to the conditions detailed in the staff 50 report. 51 Medina City Council Meeting Minutes 4 May 19, 2015 1 Pederson stated that the typical policy is the first development builds the road and 2 questioned why that is not the case in this area. He noted that staging area has been 3 shut down and did not want to see those properties assessed. 4 5 Finke stated that there are no assessments discussed for this or any properties in the 6 area as the right-of-way and ability to construct the road does not exist at this time. He 7 stated that the petition and waiver would be the best way to assess the property in the 8 future should it become a possibility to construct the road in the future. 9 10 Mitchell questioned if the numbered conditions include the language regarding the sewer 11 and water fees. 12 13 Finke stated that the language is not addressed specifically as it would be included in 14 the development agreement, which would come forward at a later date. 15 16 Martin referenced a three-foot right-of-way dedication but noted that she could not find 17 that on the plans. 18 19 Finke stated that would include Mohawk but was unsure if that would include Chippewa. 20 21 Martin stated that perhaps a right-of-way dedication along Chippewa should be included 22 in the case that the roadway can develop in the future. 23 24 Thomas Wiskow, President of the Wealshire of Bloomington, thanked the Mayor and 25 Council, Planning Commission and especially City Planner Dusty Finke and staff for their 26 cooperation and availability throughout the process. He stated that one of the biggest 27 challenges had been the 75-foot setback requirement, noting the 30 to 45 foot setbacks 28 in Rogers and Bloomington. He stated that today he has a tremendous appreciation for 29 the pastures and green space within the City. He noted that even though they had to 30 purchase additional land to meet the setback requirement he does now believe that to 31 be well worth the purchase. He stated that the building materials and landscaping 32 proposed would fit well with Medina. He stated that initially he wanted to begin building 33 in May of this year but advised that several factors delayed that construction start 34 including, an unfavorable construction environment, lack of materials because of the 35 Vikings Stadium, and additional clarity needed on the sewer and water connection fees. 36 He hoped that the City would look at the sewer and water connection fees as Finke had 37 mentioned. He stated that staff has also agreed to eliminate the park dedication fees as 38 the memory care residents would not be using the parks. 39 40 Martin clarified that park dedication would not be applicable as the property would not be 41 replatted or subdivided. 42 43 Wiskow stated that this facility does not deal with senior or assisted living and would 44 instead be dealing with high care residents that do not drive. He stated that staff 45 reduced the parking at a ratio of one stall to three residents but believed that ratio to 46 even be higher than needed. He stated that they would be doing underground parking in 47 order to preserve the green space. He also clarified the assessment period to be seven 48 years, should Chippewa develop. He stated that they will most likely exceed the 49 landscaping requirements of the City. He referenced sewer and water connections and 50 advised that they received a refund from Bloomington in regard to the connection fees 51 that had originally been charged and were reduced by the Metropolitan Council. He Medina City Council Meeting Minutes 5 May 19, 2015 I stated that he is excited and believes that this will be an unbelievable project for Medina 2 that will be beautiful and will bring jobs to the community. He thanked the Council and 3 the staff for their time and cooperation. 4 5 Mitchell stated that he drove to the facilities in Bloomington and Rogers and thanked the 6 applicant for being very open and accessible during the process. 7 8 Cousineau stated that this would be a great neighbor for the adjacent properties. 9 10 Moved by Martin, seconded by Cousineau, to direct staff to prepare documents 11 approving the rezoning, site plan review, and interim use permit subject to the conditions 12 recommended by the Planning Commission with the added condition that the sewer and 13 water charges be based on actual use. Motion passed unanimously. 14 15 VIII. OLD BUSINESS 16 17 A. Resolution No. 2015-43 Supporting the Job Creation Fund Application for 18 InCity Farms (8:15 p.m.) 19 Mitchell stated that the Council discussed this item at length at the work session earlier 20 in the night and were able to agree to support the grant request. 21 22 Moved by Martin, seconded by Pederson, to adopt Resolution No. 2015-43 Supporting 23 the Job Creation Fund Application for InCity Farms with the added language "submitted 24 in 2015". Motion passed unanimously. 25 26 B. Medina Golf and Country Club — General Plan PUD, CUP Amendment and 27 Site Plan Review (8:16 p.m.) 28 Sparks stated that this discussion is continued from the last Council meeting as the 29 Council desired additional details regarding the proposed building materials. He stated 30 that the applicant provided the requested information and brought a material sample with 31 them tonight. He stated that if the Council is in agreement with the request an ordinance 32 and resolutions have been prepared for approval, noting that alternate language has 33 also been drafted if the proposed materials are not desired by the Council. 34 35 Erin McManus, Superintendent at the Medina Golf and Country Club, stated that they 36 have prepared pictures following the last meeting to address the concerns of the 37 Council. He provided renderings of the building along with the line of sight distances to 38 neighboring developments. He advised that additional trees had been planted 39 previously to provide screening in anticipation of the future development of the 40 neighboring property. He advised that additional trees would be planted near the 41 proposed maintenance facility. He provided photographs of the sight lines from 42 neighboring developments. He noted that there is a gap in screening near the 43 Dominium property and they are working with them to more appropriately screen that 44 area with a berm and trees planted atop the berm. He also included photographs of 45 buildings with the same proposed materials used at other similar facilities. He noted that 46 the proposed material would be relatively maintenance free and the color palette can 47 blend more appropriately with the surroundings. 48 49 Mitchell questioned the coloring of the materials proposed. 50 Medina City Council Meeting Minutes 6 May 19, 2015 1 McManus stated that the darker color would be used for the bottom section, 2 approximately 48 inches, while the lighter color would be used for the top portion of the 3 building, with a dark colored roof as well. 4 5 Mitchell questioned if the intention of the remodeling of the existing building would be to 6 match the newer material. 7 8 McManus confirmed that the intent would be to improve that existing facility to match the 9 aesthetic and pitch of the other roofs. 10 11 Mitchell stated that perhaps some architectural features could be added to break up the 12 roof area. 13 14 McManus confirmed that some of those aspects could be added in to add interest and 15 break up the solid roof. He stated that the intent with the proposed material would be to 16 fit with the character of the campus rather than a concrete block building that would 17 stand out. 18 19 Cousineau questioned if there was a reason multiple materials were not proposed. 20 21 McManus stated that the intent is to blend the facility with the existing facility without 22 adding too many materials. 23 24 Mitchell questioned the impact approval would have on the ordinance. 25 26 Sparks stated that this is part of a Planned Unit Development (PUD) and therefore there 27 is flexibility from the strict regulations of the ordinance. 28 29 Martin stated that she is struggling with the fact that this would not comply with the code. 30 She stated that she does appreciate the presentation but was not aware that any metal 31 buildings have been allowed in the City. 32 33 McManus stated that is where the PUD element comes into play as this is a unique 34 campus. He stated that the proposed material is high in quality, noting that some people 35 are building homes out of the material. 36 37 Cousineau stated that the code does not allow more than 20 percent of this building 38 material while the applicant is requesting 100 percent. She stated that perhaps a 39 compromise could be made. 40 41 Martin stated that she is unsure that a compromise could be made as this would not 42 comply with the code. 43 44 Mitchell stated that he would prefer this material compared to the concrete allowed and 45 used by the adjacent City building. He also noted that the building fagade would be 46 softened with additional architectural elements. He stated that today's metal building 47 materials are not the same materials that were undesirable in the past. 48 49 Martin questioned if there are other metal structures within the City. 50 Medina City Council Meeting Minutes 7 May 19, 2015 1 Finke confirmed that there are some metal buildings that were allowed prior to the 2 revised ordinances in the 1980's. 3 4 Todd Hyde, Board member of the Medina Golf and Country Club, stated that McManus 5 does have a hard and fast budget as approved by the Board. He explained that budget 6 was used to propose a building that is nice looking and will allow additional funds for 7 landscaping and buffering. He stated that if another more expensive material is used, 8 the landscaping elements will not be to this level. 9 10 Martin stated that as this is a PUD the Council would have the flexibility to provide for 11 something other than what would normally be required. She stated that the PUD 12 language states that the flexibility raises the bar rather than coming up with something 13 less. She stated that the PUD intent provides for something better and questioned if the 14 building as proposed with these materials is something that creates a higher standard. 15 She stated that she cannot visualize that. 16 17 Cousineau stated that she is also struggling with that element. 18 19 Hyde stated that they believe that this material would provide that enhancement over the 20 concrete, which would be allowed. 21 22 Martin questioned if the applicant has researched other materials that have the 23 appearance of residential wood siding. 24 25 McManus stated that hardie siding would be an option but stated that his home is 26 composed of that material and is failing after eight or nine years. He stated that the 27 proposed materials would be a lot less maintenance and would be reliable. He believed 28 that a concrete building, similar to the City building, would not be as aesthetically 29 pleasing and would not fit with the harmony of the campus. 30 31 Martin stated that the regular code not only applies but there are other levels of code, 32 which also apply including PUD and an element regarding accessory buildings. She 33 stated that the City building is not within a PUD and therefore would not have that 34 additional layer of requirements. She stated that the City has been cooperative with the 35 Golf Course in the development of The Villas but has concern that this would be in 36 violation of the ordinance. 37 38 Hyde commented that he believed that this proposed structure would meet the 39 stipulations of the PUD ordinance. 40 41 Martin questioned why the maintenance facility is not composed of the same material 42 proposed for the restrooms. 43 44 McManus explained that those are member buildings and therefore match the Country 45 Club building while the maintenance facilities would be more aesthetically matching as 46 they would not be for members. 47 48 Mitchell stated that he is not persuaded that the Council could not approve this request 49 as the materials would be an improvement from concrete. He stated that there are 50 architectural elements that could be added to provide more style. He stated that he 51 does not oppose the materials or colors but would suggest some architectural elements Medina City Council Meeting Minutes 8 May 19, 2015 1 to soften the aesthetic. He stated that he would like to find a way to approve the 2 request. 3 4 Pederson agreed that the suggested architectural elements would soften the fa9ade. He 5 stated that the City decided to use cheaper materials for the salt storage shed for the 6 same reasoning. 7 8 Cousineau stated that the architectural elements would soften the fa9ade and would like 9 to find a way to compromise. She stated that personally she would like to stick to the 20 10 percent metal limitation but was unsure that would be in the applicant's design plans. 11 She stated that perhaps artificial stone or blocks could be placed at the bottom of the 12 building. 13 14 Mitchell stated that would reduce the amount of metal but the metal would still exceed 15 the 20 percent limit. 16 17 Hyde stated that they could agree with that type of compromise and could use a different 18 material rather than the dark colored metal. He explained that they do not want to 19 exactly mimic the clubhouse as the clubhouse is 16 years old and therefore the buildings 20 will never match. He stated that they would attempt to match the maintenance facilities 21 to each other. 22 23 McManus stated that they will attempt to reuse architectural elements from the barn and 24 if those cannot be reused they will purchase new ones. 25 26 Mitchell stated that this could move forward under a PUD but stated that perhaps the 27 ordinance should be reconsidered as well. 28 29 Finke stated that those enhancements are built into the PUD ordinance. 30 31 Hyde stated that no one will be closer to the buildings than the members of the facility 32 and advised that not one person was opposed to the material. 33 34 Mitchell referenced other cities and areas, noting that you can never exactly match an 35 existing building. 36 37 McManus explained that this redesign will be more efficient than moving between the 38 existing facility and the barn and advised that the equipment will be stored within the 39 building rather than outdoors. He confirmed that all the equipment will be stored indoors 40 once the new facility is constructed. 41 42 Martin questioned if the storm water elements have been resolved. 43 44 Kellogg stated that he was unaware of any resolution. 45 46 Finke stated that the applicant would have to meet the storm water management 47 ordinance. 48 49 Martin stated that if the applicant is willing to add the architectural elements suggested 50 by Mitchell, perhaps the Council should see that noting that there is additional time left in 51 the review period. Medina City Council Meeting Minutes 9 May 19, 2015 1 2 Mitchell agreed that he would like to see those elements added. 3 4 Johnson confirmed that the Council would like to see added block at the bottom of the 5 facility, dormers, cupolas, and window treatments. 6 7 Martin stated that she would also like to see a more close-up view of the renderings 8 showing the proposed building on the site. She stated that perhaps not all of the 9 elements would be needed. 10 11 Mitchell questioned if the Council would like to direct staff to prepare a resolution of 12 approval, which would allow the applicant additional time to provide that information. 13 14 Martin stated that it would also be helpful for the applicant to review the PUD and 15 accessory building ordinances to better meld to those criteria. 16 17 Mitchell stated that the applicant should better define the style of the new maintenance 18 buildings to explain why they would complement and not compete with the existing 19 clubhouse. He noted that the green space and landscaping would also support the 20 PUD. 21 22 Hyde questioned if the consensus of the Council would then be to allow the metal 23 building. He stated that he does not want to direct the architects to go further down the 24 design path to add the architectural elements and then go back to the discussion of 25 whether metal would be allowed. 26 27 Martin provided further clarity to the PUD ordinance and stated that perhaps adding the 28 rock to the bottom of the maintenance building and adding architectural elements would 29 accomplish the elements of the PUD. 30 31 Cousineau stated that perhaps the building could better match the existing facility. 32 33 Hyde stated that the existing building is concrete block and would be made to better 34 match the new facility. 35 36 Mitchell stated that perhaps the stone would make the building jump out more. He 37 stated that the Council believes that the applicant and their architect can do a better job 38 on the design. 39 40 Cousineau questioned if the Council was in agreement with the 100 percent metal if the 41 architectural elements would be added. 42 43 Mitchell and Pederson stated that they would be in agreement with the 100 percent 44 metal. 45 46 Martin noted that the additional trees would help support that request as well. 47 48 Johnson confirmed that three out of the four Councilmembers would be in agreement 49 with the 100 percent metal building with the additional architectural elements. 50 Medina City Council Meeting Minutes 10 May 19, 2015 1 Martin stated that she does appreciate the effort of the applicant but noted that she is 2 struggling with the language of the ordinance. 3 4 Mitchell suggested that the applicant meet with staff to get further clarity on the 5 ordinance language in an attempt to move forward. 6 7 Moved by Cousineau, seconded by Martin, to table the General Plan PUD, CUP 8 Amendment and Site Plan Review for the Medina Golf and Country Club. Motion 9 passed unanimously. 10 11 IX. CITY ADMINISTRATOR REPORT (9:26 p.m.) 12 Johnson reported that Mayor Mitchell, Council Member Pederson, Belland, and him, met 13 with Ray McCoy who has stated that the two Fire Departments are willing to discuss 14 consolidation and will attempt to bring an update back to the Council by June 16th 15 16 X. MAYOR & CITY COUNCIL REPORTS (9:28 p.m.) 17 Pederson stated that he attended a Mayor's meeting the previous week and found it to 18 be one of the best meetings he has ever attended. He reported that he also attended 19 the Uptown Hamel meeting as well as a relief meeting for the Hamel Fire Department. 20 21 Mitchell reported that there was a luncheon the previous week to honor law 22 enforcement. 23 24 Belland stated that two Officers, Sgt. Nelson and Officer Converse, were recognized for 25 their efforts during critical incidents at the luncheon referenced by Mitchell. 26 27 Martin stated that she attended the Lake Independence Citizens Association meeting 28 and found it to be informative. 29 30 Cousineau stated that she would be attending an upcoming watershed meeting as well 31 as the park tour. 32 33 Xl. APPROVAL TO PAY THE BILLS (9:31 p.m.) 34 Moved by Pederson, seconded by Cousineau, to approve the bills, EFT 003132E- 35 003161E for $51,888.35, order check numbers 42810-42870 for $165,269.01, and 36 payroll EFT 506381-506412 for $46,636.05. Motion passed unanimously. 37 38 XII. ADJOURN 39 Moved by Pederson, seconded by Cousineau, to adjourn the meeting at 9:32 p.m. 40 Motion passed unanimously. 41 42 43 44 Bob Mitchell, Mayor 45 Attest: 46 47 48 Scott Johnson, City Administrator Medina City Council Meeting Minutes 11 May 19, 2015 Agenda Item # 5A MEMORANDUM TO: Medina City Council through City Administrator Scott Johnson FROM: Jodi Gallup, Assistant to City Administrator DATE: May 28, 2015 RE: July 1, 2015 through June 30, 2016 Liquor Licenses Council Action Requested: Approval of the Liquor License Renewals Listed Below. LIST OF LIQUOR LICENSES Establishment Classification License Type Fee 1. Medina Recreations: Restaurant On Sale - Class A $ 7,500 Off Sale $ 150 Sunday $ 200 Dance $ 100 2. Medina Golf & Country Club: Restaurant On Sale - Class A $ 7,500 Sunday $ 200 3. Inn Kahoots: Restaurant On Sale - Class D $ 4,500 Off Sale $ 150 Sunday $ 200 4. Baker National Golf Course: 3.2 Malt Beverage & Beer On Sale 3.2 $ 100 Off Sale 3.2 $ 50 5. American Legion #394: 3.2 Malt Beverage & Beer On Sale 3.2 $ 100 6. North American Liquors Liquor Store Off Sale $ 150 (Medina Liquors): 7. Liquor Depot: Liquor Store Off Sale 8. Jensen & Sons, Inc. Liquor Store Off Sale $ 150 $ 150 Agenda Item # 5B CURB AND CONCRETE INSTALLATION SERVICES AGREEMENT This Agreement is made this 2nd day of June 2015, by and between Schmidt Curb Co. Inc., 13195 95d' Street NE, Elk River, MN 55330, 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 curb and concrete installation services; and 2. The City has approved the contract for curb and concrete installation 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 curb installation services for the City. "Curb and Concrete Installation Services" will consist of installing curb and concrete using MN- D.O.T. D424 and/or MN-D.O.T. B618, as per the 2015 Road Material Bids. Any curb work performed will be at the discretion of the Public Works Director, according to the compensation schedule below. 2.0. TERM. The term and prices of this contract shall remain in effect from June 2015 until November 2015, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor as follows: Curb Installation — MN-D.O.T. D424: • $26.00 per lineal foot - New Installation Curb Installation — MN-D.O.T. B618: • $25.00 per lineal foot - New Installation 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and 1 unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be required to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the "Act") and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 2 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 -Clerk SCHMIDT CURB COMPANY, INC. (CONTRACTOR) By Tom Schmidt 3 Agenda Item # 5C Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-XX RESOLUTION SUPPORTING A MINNESOTA POLLUTION CONTROL AGENCY CLEAN WATER PARTNERSHIP GRANT APPLICATION FOR THE ARDMORE AVENUE STORMWATER RETROFIT WATER QUALITY IMPROVEMENT PROJECT WHEREAS, the Minnesota Pollution Control Agency (MPCA) and the City of Medina propose to construct a water quality pond for the removal of sediment and nutrients for the Ardmore Avenue Stormwater Retrofit Improvement Project; and WHEREAS, the intention of the project is to provide a calculable reduction in phosphorous loads on both Lake Independence and Lake Ardmore, and WHEREAS, to construct this project the City has been approved to receive grant funds from the Minnesota Pollution Control Agency (MPCA) Clean Water Fund in the amount of $66,326; and WHEREAS, the partners will need to provide a 50% grant match of $33,163, which can be in the form of cash and cash value for in -kind services. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Medina approves the grant application from the MPCA Clean Water Fund for the Ardmore Avenue Stormwater Retrofit Water Quality Improvement Project. Dated: June 2, 2015. Bob Mitchell, Mayor Attest: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- June 2, 2015 Agenda Item # SD Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015- RESOLUTION APPROVING MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES WITH THE STATE OF MINNESOTA WHEREAS, the City of Medina, on behalf of its Prosecuting Attorney and the Medina Police Department, desires to enter into a Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies with the State of Minnesota, Office of State Court Administration, to obtain access to Court Records and Documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota as follows: 1. The Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the State of Minnesota, Office of State Court Administration, and the City of Medina is hereby approved. 2. Scott T. Johnson, the City Administrator, is designated the Authorized Representative and is authorized to sign the Agreement on behalf of the City of Medina. Dated: June 2, 2015. Attest: By: Scott T. Johnson, City Administrator -Clerk By: Bob Mitchell, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- June 2, 2015 MOODY'S INVESTORS SERVICE New Issue: Moody's assigns Aa2 to Medina, MN's $1.8M GO Improvement Bonds, Ser.2015A Global Credit Research - 29 May 2015 Maintains Aa2 on $14.9M of GO debt MEDINA (CITY OF) MN Cities (including Towns, Villages and Townships) MN Moody's Rating ISSUE RATING General Obligation Improvement Bonds, Series 2015A Aa2 Sale Amount $1, 765, 000 Expected Sale Date 06/04/15 Rating Description General Obligation Moody's Outlook NOO NEW YORK, May 29, 2015 --Moody's Investors Service has assigned a Aa2 rating to the City of Medina's (MN) $1.8 million General Obligation Improvement Bonds, Series 2015A. Concurrently, Moody's also maintains the Aa2 rating on the city's outstanding general obligation debt. Post -sale, the city will have $15.1 million in outstanding general obligation debt, of which $14.9 million is rated by Moody's. SUMMARY RATING RATIONALE The Aa2 rating reflects the city's moderately sized affluent tax base west of the Twin Cities; strong financial operations supported by healthy reserves; average debt burden with no future borrowing plans; and moderate exposure to unfunded pension liabilities. OUTLOOK Outlooks are usually not assigned to local government credits with this amount of debt outstanding. WHAT COULD MAKE THE RATING GO UP - Substantial tax base growth - Maintenance of healthy reserve levels WHAT COULD MAKE THE RATING GO DOWN - Material declines in liquidity and General Fund reserves - Declines in tax base valuation below similarly rated entities STRENGTHS - Affluent city west of Twin Cities with strong resident demographics - Strong financial operations, with steady revenue streams CHALLENGES - Smaller tax base relative to similarly rated entities RECENT DEVELOPMENTS Recent developments are incorporated in the Detailed Rating Rationale. DETAILED RATING RATIONALE ECONOMY AND TAX BASE: MODERATELY SIZED, AFFLUENT TAX BASE WEST OF TWIN CITIES; RECENT IMPROVEMENT IN VALUATIONS We expect the city's tax base will continue to grow due to its favorable location in the Twin Cities metropolitan area and strong demographic profile. The city's moderately sized $1.4 billion tax base (economic market value), experienced several years of declines during the recession due to residential housing depreciation. Favorably, the city's valuations have demonstrated a strong resurgence, with the assessor's estimated market value increasing by 3% in 2013 and 9% in 2014. Management reports that preliminary figures for 2015 show an 8% increase in the assessor's estimated market value. The increases are attributable to both appreciation in residential housing as well as new development. The city is mostly residential at 78% of net tax capacity. City officials report that several residential housing projects are currently underway, most with over 100 single family homes planned. In 2013 and 2014 the city issued 144 and 82 new single family home permits, respectively, compared to only 15 in 2011. The city expects growth to continue at a similar pace going forward. The ten largest taxpayers comprised 7% of net tax capacity, which include a few individual residential properties, and are reportedly stable. The majority of residents commute to various employment centers within the Twin Cities metro area, in addition to some local employers. Unemployment for Hennepin County (Aaa stable) remains low at 3.7% for March 2015 compared to 4.5% in the state and 5.6% in the nation for the same time period. City's wealth indices far exceed the nation with median family income at 242% of the nation according to the 2008-2012 American Community Survey estimates. FINANCIAL OPERATIONS AND RESERVES: STRONG FINANCIAL OPERATIONS SUPPORTED BY HEALTHY GENERAL FUND RESERVES The city's financial operations are expected to remain strong due to prudent financial management and healthy General Fund reserve levels. The city has a history of posting annual operating surpluses, with regular transfers of excess funds to various capital funds. The city has a formal fund balance policy to maintain a minimum unassigned General Fund balance between 35% and 50% of General Fund revenues. The city's available General Fund reserves have grown from $1.6 million (42.3% of revenues) in fiscal 2009 to $2.1 million, or a stronger 48.3% of revenues, in fiscal 2014. In fiscal 2014, the city reported a $108,000 General Fund surplus prior to transfers. The city transferred out $857,000 to various capital projects funds in order to maintain reserves in line with its policy. For fiscal 2015, the city passed a balanced budget and officials report positive financial operations with greater than budgeted building permit revenues. Management expects that General Fund reserves will remain flat or there will be a modest increase, as the city will continue to transfer any surplus to its capital projects funds. The city's operations are supported by steady revenue streams. Property taxes are the city's largest source of revenue, which comprised 65% of General Fund revenues in fiscal 2014. Licenses and permits are the next largest revenue stream at 11 % of revenues as the city continues to receive strong building permit revenue. The city does not receive any state local government aid (LGA), insulating the city from state budgetary pressures. Liquidity Similar to the city's available General Fund balance, the city maintains strong General Fund cash balances. The city closed 2014 with a General Fund cash position of $2.7 million, or 62.4% of revenue. DEBT AND PENSIONS: MANAGEABLE DEBT BURDEN WITH MINIMAL FUTURE BORROWING PLANS Post -sale, the city's net direct debt burden will be a moderate 1.1 % of full value, and its overall debt burden will be 3.3% of full value. We expect the city's debt burden to remain manageable given minimal future borrowing needs. Management reports that the city may issue some equipment certificates in 2017, but has no other borrowing plans. The transfer of General Fund surplus revenues into its capital projects funds has allowed the city to cash finance many of its capital projects. Debt Structure Post -sale the city will have $15.1 million of GO debt outstanding, of which $14.9 million is rated by Moody's. Amortization of the city's GO debt is average, with 67% of principal retired within ten years. All of the city's outstanding debt is long-term and fixed rate. Debt -Related Derivatives The city is not party to any interest rate swap agreements. Pensions and OPEB Moody's three year average adjusted net pension liability (ANPL), net of self-supporting enterprise contributions, through fiscal 2013 is $6.8 million, equivalent to 0.5% of full valuation and 1.4 times operating revenue. The ANPL is based upon our allocation of the reported unfunded liabilities of two multi -employer cost -sharing pension plans, the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF). Moody's ANPL reflects certain adjustments we make to improve comparability of reported pension liabilities. The adjustments are not intended to replace the city's reported liability information, but to improve comparability with other rated entities. The actuarial valuation dates for the cost sharing plans are June 30, 2013. The city's total fiscal 2014 contribution to the plans, net of self-supporting enterprises, was $184,000, or 4% of operating revenues. MANAGEMENT AND GOVERNANCE: STRONG INSTITUTIONAL FRAMEWORK; HEALTHY OPERATING HISTORY Minnesota cities have an institutional framework score of "Aa" or strong. Cities rely on property taxes to fund the majority of operations followed by state aid. State Local Government Aid (LGA) typically comprise the second largest source and ranges approximately from 0% to 80%, or on average 25% of GF revenues. The State increased aid for next biennium, after years of state aid cuts and stagnant aid. Cities typically have above average debt related expenditures. Notably, overall expenditures are predictable and cities have the ability to reduce expenditures if necessary, and benefit from unlimited operating levy authority. Medina benefits from a strong management team as well as robust financial policies. The city has historically posted annual operating surpluses and transferred any excess reserves to its capital projects funds, which has also minimized the cities borrowing needs. KEY STATISTICS - Full valuation (economic market value): $1.4 billion - Estimated full value per capita: $286,700 - 2008-2012 Median Family Income as a % of the US: 242% - 2013 Operating Fund Balance as a % of Revenues: 42.4% - Five -Year Dollar Change in Fund Balance as % of Revenues: 10.5% - 2013 Cash Balance as a % of Revenues: 54.8% - Five -Year Dollar Change in Cash Balance as % of Revenues: 17.8% - Institutional Framework: Aa - Operating History (Five -Year Average of Operating Revenues/Operating Expenditures): 1.07x - Net Direct Debt/Full Value: 1.1% - Net Direct Debt/Operating Revenues: 3.1x - Three -Year Average of Moody's ANPUFull Value: 0.5% - Three -Year Average of Moody's ANPUOperating Revenues: 1.4x OBLIGOR PROFILE The City of Medina is located approximately 20 miles west of Minneapolis and covers an area of approximately 27 square miles. The city had 4,892 residents as of the 2010 census. LEGAL SECURITY All of the city's GO bonds are secured by the city's full faith and credit, general obligation pledge, which benefits from a dedicated property tax levy that is unlimited by rate or amount. USE OF PROCEEDS Proceeds of the bonds will be used to finance road reconstruction and water and sewer improvements associated with the 2015 Tower Drive and Hamel Road Improvement Projects. PRINCIPAL METHODOLOGY The principal methodology used in this rating was US Local Government General Obligation Debt published in January 2014. Please see the Credit Policy page on www.moodys.com for a copy of this methodology. REGULATORY DISCLOSURES For ratings issued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the rating action on the support provider and in relation to each particular rating action for securities that derive their credit ratings from the support provider's credit rating. For provisional ratings, this announcement provides certain regulatory disclosures in relation to the provisional rating assigned, and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com. Regulatory disclosures contained in this press release apply to the credit rating and, if applicable, the related rating outlook or rating review. Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating. Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating. 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Moody's SF Japan K.K. ("MSFJ") is a wholly -owned credit rating agency subsidiary of MJKK. MSFJ is not a Nationally Recognized Statistical Rating Organization ("NRSRO"). Therefore, credit ratings assigned by MSFJ are Non-NRSRO Credit Ratings. Non-NRSRO Credit Ratings are assigned by an entity that is not a NRSRO and, consequently, the rated obligation will not qualify for certain types of treatment under U.S. laws. MJKK and MSFJ are credit rating agencies registered with the Japan Financial Services Agency and their registration numbers are FSA Commissioner (Ratings) No. 2 and 3 respectively. MJKK or MSFJ (as applicable) hereby disclose that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MJKK or MSFJ (as applicable) have, prior to assignment of any rating, agreed to pay to MJKK or MSFJ (as applicable) for appraisal and rating services rendered by it fees ranging from JPY200,000 to approximately JPY350,000,000. MJKK and MSFJ also maintain policies and procedures to address Japanese regulatory requirements. Extract of Minutes of Meeting of the City Council of the City of Medina, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Medina, Minnesota, was duly held in the City Hall in said City on Tuesday, June 2, 2015, commencing at 7:00 P.M. The following members were present: and the following were absent: * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Improvement Bonds, Series 2015A, to be issued in the original aggregate principal amount of $1,765,000. The City Administrator -Clerk presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A attached. After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: 462070v1 JAE ME230-612 RESOLUTION NO.2015-xx A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2015A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $1,765,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Medina, Hennepin County, Minnesota (the "City"), as follows: Section 1. Sale of Bonds. 1.01 Authority. It is hereby determined that: (a) Certain assessable public improvements, including street and utility reconstruction of and mill and overlay projects for Tower Drive, Hamel Road, and Kilkenny Lane in the City (collectively, the "Improvements"), have been made, duly ordered or contracts let for the construction thereof pursuant to the provisions of Minnesota Statutes, Chapters 429 and 475, as amended (collectively, the "Act"). (b) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Improvement Bonds, Series 2015A (the "Bonds"), in the original aggregate principal amount of $1,765,000, to provide financing for the Improvements. (c) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial advisor in connection with such sale. The actions of the City staff and the City's municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser") to purchase the Bonds of the City is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ (par amount of $1,765,000, [plus original issue premium of $ ,] [less original issue discount of $ ,] less underwriter's discount of $ ), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2017 % 2025 2018 2026 2019 2027 2020 2028 2021 2029 2022 2030 2023 2031 2024 True interest cost: 462070v1 JAE ME230-612 2 1.03. Purchase Contract. The sum of $ , being the amount proposed by the Purchaser in excess of $1,743,820, shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the City's Finance Director in consultation with the City's municipal advisor. The Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Administrator -Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $1,765,000, originally dated June 24, 2015, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year of Maturity 2017 2018 2019 2020 2021 2022 2023 2024 Amount Year of Maturity 2025 2026 2027 2028 2029 2030 2031 Amount 1.05. Optional Redemption. The City may elect on February 1, 2024, and on any day thereafter to prepay Bonds due on or after February 1, 2025. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Mandatory Redemption; Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2016, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 462070v1 JAE ME230-612 3 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (0 Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has 462070v1 JAE ME230-612 4 already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Administrator -Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator -Clerk and executed on behalf of the City by the signatures of the Mayor and the City Administrator -Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator -Clerk will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form as attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion. The City Administrator -Clerk is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. 462070v1 JAE ME230-612 5 Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds are payable from the General Obligation Improvement Bonds, Series 2015A Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of general taxes hereinafter levied (the "Taxes") and special assessments levied or to be levied (the "Assessments") for the Improvements described herein are hereby pledged to the Debt Service Fund. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any; and (ii) amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01 hereof, together with any other funds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements, will be deposited in a separate construction fund (the "Construction Fund") to be used solely to defray expenses of the Improvements and the payment of principal of and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act under the direction of the City Council. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.03. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2016 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e) At least twenty percent (20%) of the cost of the assessable Improvements described herein will be specially assessed against benefited properties. 4.04. Pledge of Tax Levy. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. 462070v1 JAE ME230-612 6 4.05. General Obligation Pledge. If a payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected. 4.06. Certification to Taxpayer Services Division Manager as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Taxpayer Services Division Manager of Hennepin County, Minnesota (the "Taxpayer Services Division Manager") the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during such year by the amount so certified. 4.07. Certificate of Taxpayer Services Division Manager as to Registration. The City Administrator -Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Administrator -Clerk, and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Other Certificates. The Mayor, City Administrator -Clerk, and Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Administrator -Clerk, and the Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's municipal advisor, Ehlers & Associates, Inc. 462070v1 JAE ME230-612 7 Section 6. Tax Covenant. 6.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2015) exceed the small -issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2015 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2015 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 462070v1 JAE ME230-612 8 Section 7. Book -Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities of the Bonds as described in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator -Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator -Clerk will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 462070v1 JAE ME230-612 9 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator -Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 462070v1 JAE ME230-612 10 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 the same: whereupon said resolution was declared duly passed and adopted. 462070v1 JAE ME230-612 11 EXHIBIT A PROPOSALS 462070v1 JAE ME230-612 A-1 EXHIBIT B FORM OF BOND No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MEDINA GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2015A Date of Rate Maturity Original Issue February 1, 20_ June 24, 2015 Registered Owner: Cede & Co. CUSIP The City of Medina, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2016, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2024, and on any day thereafter to prepay Bonds due on or after February 1, 2025. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $1,765,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 2, 2015 (the "Resolution"), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended, and the principal hereof and interest hereon are payable in part from special assessments against property specially benefited by local improvements and in part from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the 462070v1 JAE ME230-612 B-1 Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Medina, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator -Clerk and has caused this Bond to be dated as of the date set forth below. Dated: June 24, 2015 CITY OF MEDINA, MINNESOTA (Facsimile) (Facsimile) Mayor City Administrator -Clerk 462070v1 JAE ME230-612 B-2 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: Signature Guaranteed: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. 462070v1 JAE ME230-612 B-3 NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Signature of Registered Owner Officer of Registrar Cede & Co. Federal ID #13-2555119 462070v1 JAE ME230-612 B-4 EXHIBIT C TAX LEVY YEAR * TAX LEVY * Year tax levy collected. 462070v1 JAE ME230-612 C-1 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF MEDINA ) I, the undersigned, being the duly qualified City Administrator -Clerk of the City of Medina, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 2, 2015, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Improvement Bonds, Series 2015A, in the original aggregate principal amount of $1,765,000. WITNESS My hand officially as such City Administrator -Clerk and the corporate seal of the City this day of , 2015. City Administrator -Clerk City of Medina, Minnesota (SEAL) 462070v1 JAE ME230-612 Agenda Item # 7A NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial H ighway, Suite 202, Golden Valley, M N 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING MEMO To: Medina Mayor and City Council From: Nate Sparks Date: May 28, 2015 Re: Medina Country Club General Plan PUD / CUP Amendment / Site Plan Review File No: LR-15-155 Application Date: March 11, 2015 Review Deadline: July 9, 2015 (extended) REVISED PLANS At the May 19th City Council meeting, the Council tabled the application requesting that the applicant provide dormers, cupolas, window treatments, 3 lh feet of river rock on the bottom on the building, and a berm to elevate landscaping. These enhancements were to be considered in exchange for the City to allow the primary metal building material. The applicant has instead provided a new building design that does not use metal. The building elevation of the proposed new maintenance facility depicts a green vertical cement fiber board siding with shakes at the roof peak. These building materials are not prohibited by Section 828.04 in the same way that metal is. The applicant is not proposing to provide cupolas or dormers. COUNCIL ACTION The Council should review the revised building plan and determine if the revision is acceptable. If so, the plan may be approved in the attached resolution and ordinance. Attached Exhibits: A — DRAFT Ordinance approving PUD Amendment B — DRAFT Resolution authorizing publication of the ordinance C — DRAFT Resolution approving Site Plan Review and CUP D — Document List E — Previous Staff Report F — Applicant Narratives G — Plans CITY OF MEDINA ORDINANCE NO. AN ORDINANCE AMENDING THE VILLAS AT MEDINA COUNTRY CLUB PLANNED UNIT DEVELOPMENT DISTRICT FOR THE MEDINA GOLF & COUNTRY CLUB THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. On January 6, 2015, the City Council of the City of Medina (the "City") adopted Ordinance No. 573, establishing a planned unit development (PUD) district for "Villas at Medina Country Club." Section 2. The City of Medina has subsequently received a request to amend the Villas at Medina Country Club Planned Unit Development District for property located at 400 Evergreen Road (the "Property") which is legally described as: Lot 29, Block 1, Villas at Medina Country Club, Hennepin County, Minnesota Section 3. Planned Unit Development Amendment - General Plan. A. A PUD General Plan of Development is hereby approved for construction for an approximately 5,000 square foot maintenance facility and two comfort stations on Lot 29, Block 1, Villas at Medina Country Club. The General Plan of Development shall be as shown on the plans received by the City on , except as modified within this ordinance. B. Any allowed uses and standards not specifically addressed by this Ordinance or Ordinance No. 573 shall be subject to the requirements set forth by the City of Medina Zoning Ordinance. Section 4. Performance Standards. For the purposes of this amended PUD District, the two maintenance facility structures south of the parking lot may allow for metal roofing materials, fiber cement siding, or other exterior materials which meet the general ordinance requirements. All other construction shall adhere to the requirements of the City of Medina Zoning ordinance and Ordinance No. 573 establishing the PUD District. Section 5. Construction Standards. The buildings constructed within this amended Planned Unit Development District shall comply with the requirements of the Medina Zoning Ordinance, except as may be modified by this ordinance or by Ordinance No. 573. Section 6. Ordinance No. 573 shall remain in full force and effect with the exception of the noted changes for Lot 29, Block 1, Villas at Medina Country Club. No other property within the PUD shall be affected. Section 7. A copy of this Ordinance and shall be kept on file at the Medina City Hall. Section 8. This Ordinance shall be effective upon its passage and publication and recording of the Villas at Medina Country Club plat. Adopted by the Medina City Council this 2nd day of June, 2015. CITY OF MEDINA By: Bob Mitchell, Mayor Attest: By: Scott T. Johnson, City Administrator -Clerk Published in the Crow River News on this day of June, 2015 Member _ introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO. 2015-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ###, an ordinance amending the "Villas at Medina Country Club" planned unit development district for the Medina Golf & Country Club; and WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is two pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety, but only upon recording of the Villas at Medina Country Club plat: Public Notice The city council of the city of Medina has adopted Ordinance No. ###, an ordinance amending the "Villas at Medina Country Club" planned unit development (PUD) district. The amendment to the PUD district permits construction of certain accessory structures at the Medina Golf and Country Club at 400 Evergreen Road. The amendment also permits some flexibility from general City standards related to exterior building materials. The full text and map exhibits of Ordinance No. ### are available from the city administrator -clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Resolution No. 2015-## June 2, 2015 Dated: June 2, 2015 Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: () Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-## 2 June 2, 2015 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2015- RESOLUTION APPROVING A CONDITIONAL USE PERMIT & SITE PLAN REVIEW TO CONSTRUCT CERTAIN ACCESSORY BUILDINGS AT THE MEDINA GOLF & COUNTRY CLUB WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Medina Golf & Country Club (the "Applicant") operates the existing golf course and country club within the City located at 400 Evergreen Rd ("the Property") and legally described as: Lot 29, Block 1, Villas at Medina Country Club, Hennepin County, Minnesota WHEREAS, on January 13, 2015, the City Council adopted Ordinance No. 573, which zoned the Property as PUD, Planned Unit Development and established the Villas at Medina Country Club PUD; and WHEREAS, the Villas at Medina Country Club PUD District allows for commercial private/outdoor recreation as a conditional use upon the Property; and WHEREAS, on June 2, 2015, the City Council adopted Ordinance No. ###, amending certain requirements of the Villas at Medina Country Club PUD district related to the Property; and WHEREAS, the Applicant has made an application for a conditional use permit and site plan review to construct a 5000 square foot maintenance facility and two 300 square foot comfort station buildings on the Property; and WHEREAS, the Planning Commission reviewed the application on April 14, 2015 and recommended approval to the City Council, subject to certain terms and conditions; and WHEREAS, the City Council reviewed the application at the May 5, 2015, May 19, 2015 and June 2, 2015 meetings and reviewed the recommendation of the Planning Commission and city staff report and attached materials; and WHEREAS, the City Council makes the following findings of fact: Resolution No. 2015- June 2, 2015 1. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. 2. The establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. 3. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 4. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 5. The use is consistent with the Comprehensive Plan. 6. The use will not cause traffic hazard or congestion. 7. Adjacent properties will not be adversely affected by intrusion of noise, glare or general unsightliness. 8. As conditioned, the proposed use conforms to the City's PUD Ordinance and the Villas at Medina Country Club PUD district. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the proposed Conditional Use Permit and Site Plan with the following conditions: 1. The proposed development shall be done in accordance with the plans submitted by the Applicant on March 12, 2015 except as amended by this approval. 2. All comments from the City Engineer shall be addressed. 3. All comments from the Building Official shall be addressed. 4. Additional landscape screening shall be provided in areas where the new structures are directly visible to adjacent residential areas. The revised landscaping plan is subject to review and approval by the City Planner. 5. Any proposed lighting shall be downcast and provide 0.0 FC of light at property lines. 6. Details on the trees to be removed and how they will be replaced shall be provided. 7. The final plat for the Villas at Medina Country Club shall be recorded prior to this approval going into effect. 8. All comments from the City Attorney shall be addressed. 9. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Planned Unit Development and other relevant documents. 2 Dated: June 2, 2015. Attest: By: Scott T. Johnson, City Administrator -Clerk By: Bob Mitchell, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member land 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. 3 Project: LR-15-155 — Medina Country Club Maintenance Facility Site Plan Review 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 3/11/15 3/11/15 3 Yes yes Revised 4/6/2015 Fee 3/11/15 3/11/15 N/A Yes yes Copy of check at back of application Mailing Labels 3/11/15 3/11/15 3 Yes Yes Narrative 3/12/15 3/12/15 1 Yes Yes Plan Set 3/11/15 3/13/15 11 Yes Yes Plan set date is wrong Applicant response 4/2/2015 4/2/2015 3 Yes No Stormwater Management Summary 4/2/2015 2/24/2015 1 Yes No Photos of metal buildings 5/13/2015 6 Yes No Presentation 5/13/2015 20 Yes No Updated Maintenance Exteriors 5/28/2015 5/8/2015 1 Yes No Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Police Dept Comments 3/13/15 1 Yes Metro West Inspections 3/16/15 1 yes Transmittal sheet to distribute to DRC 3/12/15 1 yes Engineering Comments 3/26/2015 1 Yes Engineering Comments 4/3/2015 1 Yes Planning Commission report 4/8/2015 17 Yes 17 pages including attachments, w/o plans City Council report 4/28/2015 29 Yes 29 pages including attachments and plans City Council report Public Comments Document Date # of pages Electronic Planning Commission minutes 4/14/2015 City Council minutes 5/5/2015 City Council minutes 5/19/2015 Agenda Item # 8E NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial H ighway, Suite 202, Golden Valley, M N 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT To: From: Date: Re: File No: Medina Mayor and City Council Nate Sparks April 28, 2015 Medina Country Club General Plan PUD / CUP Amendment / Site Plan Review LR-15-155 Application Date: March 11, 2015 Review Deadline: July 9, 2015 (extended) BACKGROUND The Medina Golf and Country Club has made an application for a Planned Unit Development General Plan, Conditional Use Permit Amendment, and Site Plan Review to allow for the construction of a new maintenance facility and two accessory restroom facilities. SUBJECT SITE The subject site is the Medina Golf and Country Club at 400 Evergreen Road. City recently approved a rezoning to Planned Unit Development which allows for the golf course use as a conditional use permit. GENERAL PROJECT DESCRIPTION The proposal is for a new 5000 square foot maintenance building and the two restroom facilities which are about 300 square feet each. The existing maintenance building on site is intended to be converted into a storage facility. The area where the new maintenance facility is proposed is to the south of the existing clubhouse parking lot and to the east of the existing maintenance facility. The two restroom buildings are proposed on the north end of the course. SITE PLAN REVIEW Building Location and Setbacks The site will be zoned PUD but the PUD ordinance defers the golf course use standards to that of the Public -Semi Public Zoning District. The setback requirements are 50 feet to the front and 30 for side and rear yards. The westerly restroom building is about 140 feet to the nearest lot line. The eastern restroom building is about 50 feet to the rear of one of the single family lots in the Villas. The maintenance facility is over 200 feet to the nearest property line. Building Design & Materials The proposed restroom facilities are intended to be painted wood siding. The roof is proposed with asphalt shingles. The maintenance facility is designed with a metal exterior and roof. The City's Zoning Ordinance Section 828.04 states acceptable exterior finishes for new commercial buildings within the City. Specifically, the section states that "metal may be used on a maximum of 20 percent of the visible exterior building surface, except that metal lap siding may be used in any amount on the exterior of residential - style accessory buildings not exceeding 4000 square feet of gross floor area." It also states that buildings with a roof pitch greater than 3/12 cannot be constructed with visible aluminum, iron, or steel roofing materials. The proposed structure has a roof pitch of about 6/12. In Section 825, it's stated that commercial accessory buildings must be constructed in a manner compatible with the materials and features of the principal building. The existing maintenance facility is made primarily of concrete block. The proposed project will place a new metal roof on this structure, as well. Building height is limited to 30 feet. The proposed structures all are less than 30 feet in height. Grading/Drainage/Utilities The restrooms are intended to be connected to the municipal sewer and water system. Details on these utility connections must be provided. The additional impervious surfaces related to the new maintenance facility exceed 5000 square feet. This amount requires stormwater management. The applicant has indicated that this may be treated by the stormwater system of the Villas development. However, the City Engineer has noted that the stormwater from this site will not reach the Villas as graded. Therefore, the proper stormwater management is necessary in the opinion of the City Engineer. The City Engineer's comments are attached for review. The applicant has stated that they have plenty of space to accommodate a stormwater improvement, but are more likely to remove some of the existing hardcover so that the increase in hardcover is less than 5000 square feet and stormwater management ordinance would not be triggered. Tree Removal & Replacement The maintenance facility construction will result in the removal of four trees. The applicant is proposing to plant nine new trees in the general vicinity. Details on the trees to be removed should be provided in order to determine if the replacement is acceptable. CONDITIONAL USE PERMIT REVIEW The addition of these facilities to the site requires a conditional use permit. In granting a conditional use permit, the City shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants or surrounding lands. Among other things, City Officials shall consider the following: 1) That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. 2) That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. 3) That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. 4) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. 5) That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 6) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. 7) The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 8) The use is not in conflict with the policies plan of the City. 9) The use will not cause traffic hazard or congestion. 10) Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. 11) The developer shall submit a time schedule for completion of the project. 12) The developer shall provide proof of ownership of the property to the Zoning Officer. PLANNED UNIT DEVELOPMENT REVIEW As the site is zoned PUD, the proposed facilities require a PUD Amendment. In Section 827.25, the City states the purpose of a planned unit development. It states that the PUD process, by allowing deviation from the strict provisions of this Code related to zoning development standards is intended to encourage: 1) Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. 2) Higher standards of site and building design. 3) The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. 4) Innovative approaches to stormwater management and low -impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. 5) Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. 6) A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. 7) An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. 8) A development pattern that effectuates the objectives of the Medina Comprehensive Plan. PUDs are not intended as a means to vary applicable planning and zoning principles. 9) A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. STAFF REVIEW In general, the uses of the maintenance facility and the restrooms are acceptable. However, there are concerns with the impact the structures may have on neighboring properties. The maintenance facility does not meet the City's typical building standards for a commercial accessory building. This is concerning due to the building's visibility from the residential area to the south. Because the property is zoned PUD, the City would have flexibility to deviate from the general standards of the zoning ordinance. However, such deviations should be allowed in order to support the purpose and intent of the PUD zoning district. The applicant has argued that the proposed materials will "complement but not compete with" the architecture of the other improvements on the site. Staff believes this description would not take into consideration the views from the south of the site, where the maintenance building will be prominent and the clubhouse will not. Staff believes that if deviation is to be considered, it may be worth reviewing alternative materials. Perhaps fiber cement (hardiboard) siding would provide a more residential feel instead of typical brick and concrete materials expected for commercial buildings. If City Officials are comfortable with the deviation from the typical building standards through the PUD process, staff would recommend a substantially higher degree of landscape screening provided. The restroom facilities are generally consistent with the requisite building standards. One of the restroom facilities will be placed in the view of the planned houses in the Villas development. Noting that the buildings are planned to be used as restrooms and will be equipped with security lighting, some additional landscaping may be appropriate. The more easterly restroom will be largely obscured by the preserved trees and may not be as great of a concern. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the application at their April 14, 2015 meeting. Commissioners did not express concern related to the proposed metal building materials because of the very large size of the site and, with the exception of the City's salt shed, is over 350 feet from neighboring property and because they recommended additional landscaping so that the structure would not be visible from residential property. The Planning Commission recommends approval of the request with the following conditions: 1. All comments from the City Engineer shall be addressed. 2. All comments from the Building Official shall be addressed. 3. Additional landscape screening shall be provided in areas where the new structures are directly visible to adjacent residential areas. The revised landscaping plan is subject to review and approval by the City Planner. 4. Any proposed lighting shall be downcast and provide 0.0 FC of light at property lines. 5. Details on the trees to be removed shall be provided. 6. The final plat for the Villas at Medina Country Club shall be recorded prior to this approval going into effect and any building permits being issued. 7. All comments from the City Attorney shall be addressed. 8. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Planned Unit Development, site plan, and other relevant documents. Attached Exhibits: A — Excerpt from DRAFT 4/14/2015 Meeting Minutes B — Document List C — Engineering Comments dated 3/26/2015 and 4/3/2015 D — Building Official/Fire Marshal Comments dated 3/16/2015 E —Applicant Narratives F — Plans MEDINA GOLF & COUNT RY CLUB 12 March 2015 Mr. Dusty Finke City Planner City of Medina 2052 County Road 24 Medina, MN 55340 RE: Site Plan Review Medina Golf and Country Club Maintenance Facility Improvements and Comfort Stations Dear Mr. Finke: Medina Golf and Country Club will be losing a cold storage building with the proposed development on the west side of the property. The loss of the storage space and the need to update an older Maintenance Facility has produced the current plan being presented for Site Plan Review. This application includes a new 5,000 sf Maintenance Building, minor remodeling to the existing 6,000sf Maintenance Building and the addition of two Comfort Stations (toilet structures) on the golf course. The new Maintenance Building will accommodate a mechanics shop, chemical storage, staff offices, meeting space and staff toilets. The existing building will be converted to a cold storage facility for maintenance equipment. The flat roof will be replaced with a new pitched roof to aesthetically relate to the New Building, the Clubhouse and the campus. This project is designed to replace the square footage lost by the loss of the existing Barn, and will not affect the number of staff, hours of operation or change the current water or sanitary sewer usage. Campion Engineering has confirmed that the storm water management design for the adjacent housing development project has been designed with capacity to accommodate the additional 6,000 square feet of impervious surface resulting from this project. Thank you for consideration of our application. Sincerely, Scott Peterson President Medina Golf and Country Club Enclosure(s): Copy: File ( ) 763.478.6021 — Facsimile 763.478.6025 -- 400 Evergreen Road — Medina, MN 55340-2106 www.medinagolfcc.com MEMORANDUM COMM. NO.: CLIENT: PROJECT: SUBJECT: 2675.001.00 Medina Golf and Country Club (MGCC) Facility Improvements Response to City Review Comments City Project No: LR-15-155 MEMO BY: Mark Forsberg AIA DATE: 02 April 2015 COPY: Nate Sparks Planning Consultant City of Medina This memo is in repose to the Site Plan Review Comments received from the City of Medina on March 30, 2015 for the above referenced project. Nate Sparks, Planning Consultant City of Medina 763 231-2555 Al. The application form (attached) needs to be revised to include a request for a Planned Unit Development General Plan and Conditional Use Permit. Response: The application has been revised and attached as requested. A2. The City of Medina does not typically allow for metal commercial buildings. A narrative describing the justification for the flexibility from the City's standards to allow for this type of construction should be provided. Response: The applicant is proposing to use ribbed metal siding and roofing in an earth tone color palette that complements (but does not compete with) the existing Clubhouse and Pool Building. While metal commercial buildings may not typically be allowed in Medina, the Club feels that for the scale of this project, ribbed metal is more appropriate than precast concrete or CMU and more durable and maintenance free than painted wood siding. The buildings are "back of the house" facilities, not intended for direct use by Members or Guests, so replicating the architectural style of the Clubhouse in not appropriate. Furthermore, the buildings will be screened from view with landscaping from residential neighbors to the South East. RSP ARCH I T E C T S 1220 Marshall SteetNE Minneapolis, MN 55413.1036 612.677.7100 main 612.677,7499 fax www.rsparoh:com MEMORANDUM Response to City Review Comments 26 March 2015 Page 2 of 3 Tom Kellogg, City Engineer WSB & Associates, Inc 612-209-5113 B1. Stormwater improvements are required for any projects that construct over 5,000 square feet of new impervious surfaces. The plans note this project will result in a net impervious surface increase of 5,621 square feet. The plans should incorporate stormwater improvements in accordance with the City's Stormwater Design Manual. Response: The new impervious surface proposed in our submittal have City stormwater requirements that are being incorporated/accounted for within the Villas at Medina Country Club development stormwater treatment system as shown in attached stormwater management design computation sheet. These calculations have been engineered/computed by the adjacent development's design engineering company, Campion Engineering — 2/24/2015. B2. It appears the sanitary sewer and water main extensions may impact an existing wetland. The applicant should provide documentation to verify wetlands will not be impacted or acquire a wetland no -loss permit. Response: The applicant has contracted with Kjolhaug Environmental Services Company to locate and delineate the wetland in question. The field work can be completed in the next two weeks, and the requested documentation will be included with the building permit application. B3. The applicant should verb the proposed 4" watermain is sized to provide the required fire protection to the proposed and existing buildings. Response: The MEP systems will be "design build". The Mechanical design -builder will verify site utilities for the project to support their MEP design prior to submitting for permit. B4. The plans should show alignments and grades for the utility extensions required to serve the proposed rest rooms. Response: The sanitary sewer and water service will be designed and constructed by the adjacent residential developer under a separate contract. As noted on the Civil Drawings, "Final sanitary sewer and watermain service size and location invert elevation to be determined with the mechanical contractor and adjacent development engineer." MEMORANDUM Response to City Review Comments 26 March 2015 Page 3 of 3 Loren Kohnen, City Building Inspector Metro West Inspection Services, Inc 763-479-1720 C1. Both buildings existing and proposed may have to be fire sprinklered, one being new and existing because of change of use. Response: We anticipate the requirement for fire sprinklers in the proposed building. We are not expanding or intensifying the use of the existing storage building, and therefore do not believe sprinklers will be required. C2. Accessible parking and accessibility will be required for both buildings. Response: One accessible parking space will be provided adjacent to the employee entry of the proposed building. C3. The comfort stations appear not to be served by sanitary sewer or water, but can be permitted with use of holding tanks. All will have to be accessible. Response: The Comfort Stations are designed to be fully accessible. The sanitary sewer and water service will be designed and constructed by the adjacent residential developer under a separate contract. As noted on the Civil Drawings, "Final sanitary sewer and watermain service size and location invert elevation to be determined with the mechanical contractor and adjacent development engineer." 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Signature Registration Number Date Project No. Drawn By Checked By 2675.900.00 TAK MF Date 03/13/15 NOTICE Th designs shown and described heroin maid, oil technical drawings, graphics, and models thereof, are proprietary and cannot to oaredduuhoaredor commercially exploited, in whole or in part, without express cotter permission of MP Advt., . These are available for anted review and evaluation by clients. consultants. contractors. government agencies vendors and office personnel anly in accordance whh this Nctwe. Ph Copyright ASP Architects 2012 All rights reserved Revisions No. Date Description MAINTENANCE & COMFORT STATIONSITE PLANS SCALE : 1"= 20'-0" diFrvv I 5 A001 Sbl£Z 'ON io3road 0Sti l£Z 3-113 dVO SNOISIA3a 31V4 >WO A8 NMVaO 0D VNIGHNI -0 N CO = O z o m � 4 N tc0 0 QI -P. A CO 0 X <a N CO 0 N 4. 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FENCE -PRIOR TO START OF CONSTRUCTION ALL SOILS WITHIN SITE ARE TYPE B. ALL DISTURBED AREA TO BE RESPREAD WITH 4" MIN. TOPSOIL AND SODDED OR ESTABLISHED WITH SEED AND EROSION CONTROL BLANKET. WITH CONTRACTOR. JCALE IN FEET _C 40 60 I-nch = 20 feet N 0 w � CC C V) CL� W W Z C-0 Z M z s m' 2500 W. Orr. RD. 42, Sulh 120, PHONE: (952)890-6044 DRAWN BY CJK DATE 3/11 /15 REVISIONS CAD FILE 23145C PROJECT NO. 23145 C1.2 £'LO Sb l£Z "ON 1031'02Id OSti l£Z 3-11d OVO SNOISIn321 S l/ l l/£ 31V0 Aro A8 NMV2l0 4-1 M N 0 VVV 0 a D v pa d °.�.y 0 2 V r-i D ,.,o A m rn1� o V� ! Z m(...)AC ZRN' �x §N� zH moo -u 1-3n o En H sA z� g oz W n tri 4409-068(M6) :3N0Hd NJ CP 0 I n * ZCO m 23 N N \'A N piv+ z M r7 -n ry Z 2-o fTl x 44Z9-068(ZS6) rn 73 m c u) 9 \ = M C z 70 .. 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SLOZ/ll/£' — bMP'Ogi,SZ\SNVid IVNH s COLD STORAGE BALL WASHER 120 COLD STORAGE 122 Tom. II _- III PARTS 118 ) PARTS 779 ) Ark A40 TOF 14x12 14x12 4x12 SHOP ( „4 ) 4x,2 GRINDING I 103 J OFFICE/PARTS ( 1o4 ) OFFICE MIIDROOM 105 I / MENS TOILET j RIM Y�/OMENS f TOILET LAUND 109 ) [d SHOWER n2 ) r1F1/ OFFICE EMPLOYEE STORAGE_ ( 1 2 ) 31 LOCKERS MECH COLD STORAGE & TURFGRASS FACILITY OFLOOR PLAN 1/8,1'-0" \ 53'-11" REF. Oo OW hI BREAK ROOM ( toe ) STORAGE ( 117 ) CHEMICAL ( 107 ) 4 8' 4' 0' B' 16' SCALE : 1/8" =1'-0" r gir TRUE NORTH RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants Gni:s oat, on I hereby certify that this plan, specification or reportwes prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota: Signature Registration Number Date Project For .r'PIk CA 4.1 r.."1 V coul•C`L` Project No. Drawn By Checked By 2675.900.00 TAK MF Date 03/13/2015 NOTICE_The designs. ahem and described herein including all technical drawings, graphgs, and models thereof, are proprietary and cannot he cooed, duplicated or commercially exploited, in whole us in part, wMON espress written permission of ASP Archie. These are anilable iodinated renew and evaluation by clients. contractor, go0mmem agencies, vendors and Aloe personnel only in accordance with the Notice. 0 Copyright OSP Architects 2010 All rights reserved. Revisions No. Date Description ARCHITECTURAL FLOORPLANS CAPevit Projects Existing Maintenance -2015_TKisner n 3/11/2015222.04PM A101 00V Wd 6ZEZZ 510ZAllie W',auslyy 9lOZ - gsueualuppy 6mis!esiaa1a1d UnaUVO .0-,OZ =.l 1 3lVOS NVId 3dV3SONVI 8 311S lVani3311H3HV uo0p3sad Kea 'ON 110ARMAH Pam.,.yae uv AMA. 1.00 dSld .003 0 enoN 011410 a uep,oaaa m, Aryo lauu saay}o pue sioN0 A 01, auawwanoB 's 0009uou010. P.AA00 paiwy0 alyepe. ae esayluoAI A1,1,s d5N ;o uoisawatluayum ssa 0nsq, 'yetl w10 a,oymw 'pd,OPa IElllawWOa so paamltlnp 10,o ap louueo We Asewudod ae pa,a Appou p e 'ssiyUaB 's00AA,10.0.111A 09.10',00IPaquxap P. 004 s010P ,6 3110N SIOZ/EG/EO also iw Ae palasg0 NV1 AS unosdo 00'006'5L9Z 'oN laalo,d Kea ,agw% uape„slOae amlau6!s waosaumyy to alalS ayilo smel agl,apun laanga,V Ramp Alnpawe Pep pue umswados law AI Japun,o aw Aq pe,ada,d sent uodea uopeappads weld Siyl imp Apyaa Aga,ayl SWsye31103 woayoledsrmmm 9EOl-E1499 eloseuum xe1664L'LL971.9 sgodeauum OOLL'LL971.9 3N leeAS lla4slaW OZZI slaeiR.A/ dS9 HlaON anal .04 .0Z .o .01. .OZ 83103dS 90d laVHO 33S - S33a1 M3N 93103dS 90d laVHO 33S - S331:11 M3N v .LLI110Vd M3N d0 N01101191SN00 90d 03A01(439 39 11IM S1391 `JNIISIX3 4:310N NIVW3a Ol 93391 ONIISIX3 S3103 O laVHO 33S S33a1 M3N 1 it N1VM301S 31390N00 nR6 / I Sf10NIWf1119 ONIISIX3 0 0 N 30V 101S C1100 01N1 ceaciOW JNlanln8 30VN31NIb'W ONIISIX3 NIVW39 Ol S332:11 ONIISIX3 SnONIWnll9 M3N — A11-110`dd J 30N`dNaLNI 'W M3N JI , �I I I I I I I I �I I I I S30tldS WAN, b 3A0W39 101 ON1>12:1Vd ONIISIX OO CO � I O O O 3 NVId 3dV0S0NV1'9 311S ivan10311HOLIV .97 SN30Ned V3OId 30eUdS OCIVH0100 Z SO .S'Z VIVSN30 VOI1Vl0 VSOld 39eildS SIIIH NOV18 l S9 ,€ AVINAM 01VN00.- dS S(IIVW- 31ddtleV419 NVWAM aivNOa Z OQ .4 vivinoIlomi-VSNILIAS- OV11133e13S3NVdtlf l if .4 .4NN31S.- IINVVJ38d X 839V-31dVW VNNSIS 4 WS .4 SOOOMH1bON.- meant/ 839V- 31dVW SOOOMHILION Z WN 3ZIS 3WVN 1VOINV10e/N01/0109 A11NVf10 A351 T1na3HOS ON11NV1d ,aod 9001- Elmo ONUS I 0 COMFORT STATION FLOOR PLAN FIRST FLOOR ar•0' C) SOUTH ELEVATION IW . 1'lf A nnnnlii riin`rmn1I.- n. i1V111111111r1; 11111111111111fH._ .. NOTE: ALL MATERIALS ON COMFORT NOTE: ALL MATERIALS ON COMFORT STATIONS WILL MATCH E70STING CLUBHOUSE STATIONS WILL MATCH EXISTING CLUBHOUSE ATTIC VENT ASPHALT SHINGLE ROOF SECURITY LIGHTS UNDER CANOPY PAINTED WOOD COLUMNS PAINTED WOOD DOOR WITH FROSTED GLAZING CONCRETE SLAB FIRST FLOOR 1V•0- C) EAST 8 WEST ELEVATIONS ATTIC VENT ASPHALT SHINGLE ROOF EXTERIOR WINDOW WITH FROSTED GLAZING PAINTED WOOD SIDRIG - PANTED WOOD TRIM AL FIRST FLOOR Y OP • o' NORTH ELEVATION C �j Irr.ro i1JH111111 rr1t1n1111 .-4111 11,1 21.1, O' SCALE:In•� /SP ischitecta 1220 Martha 11&TOM NE 812677.7100 Mmneapahs 81287734991as M.nnesola S3413-1= wontreperchcom Comallnts I11113,m ). Mn PA plan. speacaeen or mat rra Pawed W mew wds m/ dimd. smerO on and lhet I am a Piv helped Aghrvtr a•d. the R..E et due Omfe d hlmgga S1eea.rt Reemremal Rumua DAL 205.900.00 O r`.. By ONeeked N O lga. TAK MF 03/13/15 .N-aaf NAK...m.N0eload....bR91al 1ni+1PM+0Y. W.r.a. 000....n Vm.Sf Hum M�a4 Jplcsnw .....Wp RP Ru max R. 0 am10. bImmS m.w.e .rueoeW.A.n 1.004 ea.v.s m,.mawgoo. +.Va 00110.10.n0..h ®a.Q.aAe.xa. G ra..000,0100•20r2 .04.00n..4 Reviews No. Oats Oaseliption COMFORT STATION FLOORPLAN & ELEVATIONS POLHAAMadrmt MIA touVW DPARe.iffrolee Shelter AT 3ft012111F 7.1227PM A102 0 11 8 3 4111111 11n111i. ......0111111111111 ■111■11111. �f ,Jr1ma ■Irlm■1 yin. 1r11■111m1 11■11111N 1lilli'A11A�> r �Almn /■111m111111 11m111m111#I 111X1h: .,4111111111111 1111■111n■1111 11111■11111■111 ■1111I111Il ;; .iAm11r1r1111111 irm■111m111 ■111■1■111(I■n 11■11■�tru1 �.o.��_ nrr�.r..n.u. d NORTH ELEVATION - ALT #1 14 4 118" = r-0" SOUTH ELEVATION - ALTERNATE #1 4 15 i L1 �11 1�,. all 111 ■111�IGIIiI1�u 11■111m11111■1 11■111m11rm � � n■Irllmllnl IIn�1111■1111I _, 1�11■ 19.1.1PIIIIIEM J LIllrl■111I■Ir1 11 1/8" = 1'-C" KEYNOTES - ALTERNATE #1 NO. DESCRIPTION 1 METAL ROOF - MATCH EXISTING CLUBHOUSE COLOR 2 FIBER CEMENT SHINGLE SIDING - MATCH EXISTING CLUBHOUSE STYLE AND COLOR 3 ALUM CLAD WINDOW - MATCH BASE BID WINDOW 4 INSULATED OVERHEAD SECTIONAL DOOR 5 FIBER CEMENT TRIM, SEE DETAILS AT PORTICO FOR REFERENCE ON DESIGN 6 FIBER CEMENT SMOOTH SIDING W/ CEMENT FIBER VERTICAL BATTENS - MATCH EXISTING CLUBHOUSE STYLE AND COLOR 7 FIBER CEMENT 1X8 TRIM AT CORNERS AND BASE - MATCH EXISTING CLUBHOUSE STYLE AND COLOR 8 FIBER CEMENT 1X4 TRIM AROUND DOORS & WINDOWS - MATCH EXISTING CLUBHOUSE STYLE AND COLOR 9 ALUM CLAD DOOR & WINDOW - MATCH EXISTING CLUBHOUSE STYLE AND COLOR 11 METAL GUTTERS 12 DOWNSPOUT 13 HOLLOW METAL DOOR - MATCH EXISTING CLUBHOUSE STYLE AND COLOR 14 CANOPY - METAL ROOF, WD FRAME CONSTRUCTION, LIGHT AT UNDER SIDE OF CANOPY. SEE BASE BID DRAWING FOR SIMILAR DESIGN 15 FIBER CEMENT 1X8 TRIM AROUND OVERHEAD DOOR 0 117 r EAST ELEVATION - ALT #1 5 2 11 118" = ,.1111Q1 ,r11111■Ir11 allnmrn■111 1■11111■11111■1 mmmalm 1111■11111■1111 1111111111111111111 iiiimunnn nli :"lnmiri�ml Inmrut11u11�l IrnlMunlrmnlnr ' i.: \ 7-4 WEST ELEVATION - ALTERNATE #1 ^. I8' = 11: 1111111i._ . um■nlrr:. -.� I ■n111■nlm�t n■n1�1■nlmi Ilt�, l�l Ilmnlmin■� mm�. • I lnm1n11■nl ■nln■i�A 111m1n1�■n Imrn 111111111111111 ur1■10 � [15 SUMMARY OF ALTERNATE #1: AT NEW MAINTENANCE FACILITY INSTEAD OF BASE BID OF METAL EXTERIOR FINISH, ALTERNATE #1 IS A DESIGN SIMILAR TO THE EXTERIOR OF THE EXISTING POOL HOUSE. THE EXTERIOR MATERIALS FOR ALTERNATE #1 CONSISTS OF CEMENT FIBER SIDING AND TRIM. THE CEMENT FIBER WOULD BE PAINTED SIMIALAR TO THE POOL HOUSE. EXTERIOR FINISHES PROVIDED BY MANUFACTURED BUILDING SUPPLIER. AT EXISTING COLD STORAGE BUILDING. INSTEAD OF BASE BID OF METAL EXTERIOR FINISH AT THE NEW GABLES, ALTERNATE #1 IS USING CEMENT FIBER SIDING FOR A FINISH. THE CEMENT FIBER WOULD BE PAINTED SIMIALAR TO THE POOL HOUSE. EXTERIOR FINISHES PROVIDED BY MANUFACTURED BUILDING SUPPLIER. RSP Architects 1220 Marshall Street NE Minneapolis Minnesota 55413-1036 612.677.7100 612.677.7499 fax www.rsparch.com Consultants Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota. Signature Robert Lucius Registration Number 14066 Date Project For 05-15-2015 �Q PERMIT SET Project No. Drawn By Checked By 2675.001.00 TAK MF Date 05/08/2015 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors and office personnel only in accordance with this Notice. CO Copyright RSP Architects 2012. All rights reserved. Revisions No. Date Description EXTERIOR ELEVATIONS - ALTERNATE #1 M -A06 CMevitProjects\ExistingMaintenance -2015 tkisner.M 5/27/2015 3:42:42 PM Ai' TRUSS BEARING Ii114' • 0' Aph_FIRST FLOOR ICU-0' EXISTING - NORTH 1AT • 1TF TRUSS BEARING 114' -0 FIRST FLOOR 100-8 NEW O.H. DOOR PAINTED TO MATCH DOORS ON NEW FACILITY' 03 \ E%iSTING - SOUTH =ice EXISTING WINDOWS EXISTING O-H. DOORS TO BE PAINTED TO MATCH DOORS ON NEW FACRRY u i EXISTING DOOR TO BE PAINTED TO MATCH 0 H. DOORS NEW METAL SIDING TO MAYOR NEW FACILITY HEW METAL ROOF EXISTING PLYWOOD FASCIA TORE DEMOLISHED +TRUSS BFMING N ;IT .0" EXISTING CAW TG OE PAINTED TO MATCH NEW FACILITY �FI1p0 -RSTD' FLOOR © ❑ El 1 EXISTING WINDOWS + 2 EXISTING - EAST ,s� NEW METAL SIDING TO MATCH NEW FACILITY NEW METAL ROOF EIISIING PLYWOOD FASCIA TORE DEMOLISHED EXISTING CMU TO DE PAINTED TO MATCH NEW FACILITY AL TRUSS BEARING \ iA' - 0' FIRST FLOOR 01Y-0' EXISTING OH. DOOR TO BE PAINTED TO MATCH DOORS ON NEW FACILITY 4 EXISTING -WEST tar '=FA. DEMOLISH EXISTING O.H. DOORS INFILL WITH MATCHING CAW NEW DOOR PAINTED TO MATCH DOORS OF NEW FACILITY NEW 0 H DOOR S DOOR PAINTED TO MATCH DOORS OF NEW FACILITY 6 0' 1B SCALE: I-0. ASAP kahiteces 1229 Marshall Slieal NE 812.677.71N0 Minneapahs 81267734991ex Mlnnesola S3413-1= wrna.rap}rch-cnm Cwaalluts OptIncriee. I Iete7ViceRfy Mal aArs Pam. speaRaten a resat was prepared Inv mew order ery dlred. nawann and that I azs o Div bleed Arthu I nefde PH lass ad dle Aara al Hammer Svulprt RagaInman lNa6K Datr 2615.900.00 Dr`. BT Nnecbd N Due TAK MF 03/13)2015 tN-aR �a5+g4Main eH0xe0.1.1..3UM4YVWeYAr+p. Pao.. nPAA 1M. ee pug., Mc.e3 Oakiaa w a.ew.mna n.raaa nen +elwlnenPenmenmeaaip PS/.hdn .. Tien re rsu it reeror.e wyueuebrnMh make. rMP. m..imwgooa main emmrn Pn,nnr a+n n ®aene.aAlte Rare G rmre:aRPAelAnu.Xn2 aN Vt. rya. Reviews No. Oats Oaseription EXISTING BUILDING ELEVATIONS CAW Pmjelas'&istiy Man 110.2015 22644PM -2015114imsM A402 Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: May 28, 2015 MEETING: June 2, 2015 City Council SUBJ: Aldi — Site Plan Review and Hardcover Variance — 3522 Sioux Drive Review Deadline Complete Application Received: March 13, 2015 Review Deadline: July 11, 2015 Summary of Request Aldi, Inc. proposes to construct a 17,825 square foot grocery store at the southeast corner of Highway 55 and Sioux Drive. The development would require the following land use approvals in order to permit the construction proposed by the applicant: 1) Variance — the applicant requests a variance to exceed the maximum of 25% impervious surface permitted in the Shoreland Overlay district of Elm Creek. 2) Site Plan Review for construction of a new commercial building. Although this staff report will generally describe the site plan review first for the sake of context, staff recommends that the Planning Commission and City Council consider the variance request first, since the site plan review would be contingent upon the variance. The subject site currently contains the 2,670 square foot office building of Hedtke, Inc., a 1,765 square foot storage building, and a small parking lot. Much of the site is currently maintained as lawn. Elm Creek flows through the property from west to east, with many trees located on the steep slopes down to the creek. Highway 55 is located north of Elm Creek, railroad right-of-way is located to the south, and the Hamel Station commercial development is located to the west of Sioux Drive. An existing single-family home is located to the east, but the property is planned for commercial redevelopment. Uptown Hamel is located up Sioux Drive to the south. The subject site is zoned Commercial Highway -Railroad (CH -RR), the same as the property to the west of Sioux Drive. The City rezoned the property from Uptown Hame1-2 to CH -RR in 2013 at the request of the property owner. The property to the east is zoned Uptown Hame1-2. An aerial of the subject site and surrounding area can be found at the top of the following page. The Planning Commission discussed the proposal at their April and May meetings. Concern was raised at the April meeting related to the amount of vegetation proposed to be removed along Elm Creek. Additional concern was raised at the May meeting related to the amount of hardcover being permitted for the sake of parking. Commissioners questioned if this were appropriate for the sake of Elm Creek and also as the entrance to Uptown Hamel. The Commission ultimately recommended denial of the variance and site plan. Aldi Page 1 of 9 June 2, 2015 Site Plan Review City Council Meeting Site Plan Review Section 825.55 requires Site Plan Review approval prior to issuance of permits for new commercial developments to determine whether it is consistent with relevant requirements. Proposed Use Retail uses are listed as a permitted use in the CH -RR zoning district. Setbacks/Lot Dimensions Following is a summary of the proposed construction compared to the requirements of the CH -RR zoning district and shoreland overlay district: CH -RR Requirement Proposed Minimum Lot Area 1 acre 3.26 acres Minimum Lot Width 100 feet 380 feet Minimum Lot Depth 120 feet 380 feet Minimum Front Yard Setback 25 feet 165 feet Aldi Site Plan Review Page 2 of 9 June 2, 2015 City Council Meeting CH -RR Requirement Proposed Minimum Interior Side Yard Setback 15 feet 45 feet Minimum Rear Yard Setback 25 feet 33 feet Street Setback (collector) 35 feet 165 feet Railroad Setback Zero, except as necessary for safety, fire access, or utilities Zero Setback from Residential 50 feet N/A Minimum Parking Setbacks Front Yard Rear/Interior Side Yards Residential 25 feet 10 feet 40 feet 25 feet 10 feet N/A Maximum Impervious Surface 25% (Shoreland Overlay) 45.4% Wetlands/Floodplain/Shoreland Elm Creek flows through the northern portion of the subject property, which has implications for the City's wetland, floodplain and shoreland regulations. A wetland on the adjacent property to the east also extends into the southeastern corner of this site. The applicant has established that they are eligible for a de minimus exemption to fill 195 square feet of this wetland. Elm Creek Watershed requires a vegetative buffer along Elm Creek. Their standards exceed the City's wetland buffer requirements along the Creek. The floodplain along Elm Creek extends to elevation 962, and is located within Elm Creek's buffer, so there are no impacts. The improvements on the site are located around elevation 978. The Shoreland Overlay District requires the following standards for property within 300 feet of streams: • 50 foot structure and parking setback: The structure is setback 105 feet from the stream and parking is proposed to be setback 50 feet. • 25% impervious surface maximum. The applicant has requested a variance to allow up to 50% of the site to contain impervious surfaces. This will be discussed more in-depth later in the report. • Lowest level of the building shall be three feet above the ordinary high water level. The proposed structure is over 10 feet above the high water level. • "Shoreland Alteration - Alteration of vegetation or topography shall be regulated to prevent soil erosion, preserve shoreland aesthetics, preserve historic sites, prevent bank slumping, and protect fish and wildlife habitat. Vegetation alteration necessary for the construction of structures and individual sewage treatment systems or for the construction of roads and parking areas shall be exempt from the vegetation alteration standards of this subdivision. Removal or alteration of vegetation, except for agricultural and forest management uses, is allowed, subject to the following standards: o Intensive vegetation clearing within the shore impact zone shall not be allowed. o In the shore impact zone, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees shall be allowed to provide a view to the water from the principal dwelling and to accommodate the placement of permitted accessory structures or facilities, provided that: Aldi Page 3 of 9 June 2, 2015 Site Plan Review City Council Meeting (1) the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; (2) along tributary streams, existing shading of water surfaces is preserved; and (3) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards." The applicant originally proposed to remove almost every tree along Elm Creek to maximize visibility for their proposed building. The Planning Commission found that this removal was clearly "intensive vegetation clearing," and should not be permitted. The applicant subsequently amended their plan. The applicant hired an arborist to assess the trees on the site, and their report is attached. They suggested the removal of all Boxelder because they are not a preferred tree, and also the removal of the Ash trees because Emerald Ash Borer may be present someday. The applicant proposes to remove 26 of the 40 trees along Elm Creek. The applicant's aborist reports that 14 of these trees are poor quality, and 9 of these 14 are boxelders. The City's tree preservation ordinance does exempt "removal ...and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas." A report from the City Engineer's staff responded to the applicant's report and plan is attached. While Emerald Ash Borer is a threat at some time in the future, it is hopefully some time off. Leaving some of these trees and some of the healthier Boxelder in place will allow the new vegetation to establish. He does concur that it would be reasonable to exempt the removal of the 9 Boxelder trees in poor health. The fact that the applicant is requesting a variance to permit more hardcover on the site further supports the importance of maintaining the integrity of the streambank. Staff had discussion with staff at Elm Creek Watershed and staff believes the plan is closer to being able to be approved by the Commission. The watershed has requested some trees on the western portion of the stream. Stormwater/LID The applicant proposes two filtration basins to meet the City's and Elm Creek's stormwater requirements. The City Engineer provided comments which the applicant will need to address. Building Materials The proposed structure is largely modular brick and split -face concrete masonry units. Commercial districts require a minimum of 30% of the exterior materials to be brick, stone, stucco, or glass. The code allows a maximum of 20% to be wood, metal, or hardiboard siding and a maximum of 70% "decorative concrete...color impregnated in earth tones (rather than painted) and...patterned to create a high quality terrazzo, brick, stucco, or travertine appearance." Aldi Page 4 of 9 June 2, 2015 Site Plan Review City Council Meeting The proposed materials are 50% modular brick, 4% glass, 16% metal, 2% doors and 28% concrete. Provided the proposed concrete meets the decorative standards of the ordinance, the materials would be consistent with requirements. The applicant will provide material samples at the Commission meeting. Building Modulation/Fenestration/Multi-sided Architecture Commercial districts require that "buildings shall be modulated a minimum of once per 40 feet of building perimeter to avoid long, monotonous building walls. This modulation may include varying building height, building setback, or building materials/design." The building is approximately 147'x140', requiring 4 aspects of modulation on each frontage. The northern and western elevations provide more vertical and material differentiation. The loading dock provides horizontal modulation to the northern, southern, and eastern elevations. The southern and eastern elevations alternate between brick and concrete, but vertical modulation is provided only by mechanical screens on the roof and the rear of the parapet. Commercial districts require that "building elevations which face a public street shall include generous window coverage. Alternative architectural elements may be approved by the city when windows are not practical." Commercial districts require that "any rear or side building elevation which faces a public street, an interior access drive for the development, or a residential zoning district shall include design and architectural elements of a quality generally associated with a front fagade. The elevation(s) shall be compatible with the front building elevation." In this case, the northern and eastern elevations face streets. The Planning Commission and Council can discuss whether the modulation, fenestration, and multi -sided architecture is sufficient. Tree Preservation/Landscaping The applicant proposes to remove 32 of the 56 significant trees on the property. As noted above, the City Engineer's office believes it would be reasonable to exempt the poor quality Boxelder leaving 47 significant trees on the property. The tree preservation ordinance would allow removal of 13 of these trees without replacement. The applicant proposes to remove 20 trees (42.5%) requiring 77 inches of replacement. In addition to the tree replacement requirements, the zoning district requires minimum landscaping based upon the lot perimeter, including: 1) 1 overstory tree per 50 feet of perimeter 2) 1 ornamental tree per 100 feet of perimeter 3) 1 shrub per 30 feet of perimeter The subject site is approximately 1710 feet in perimeter, requiring 34 overstory trees, 17 ornamental trees, and 57 shrubs. It appears that the shrub and ornamental requirements would be met, but not the tree planting and replacement requirement. Aldi Page 5 of 9 June 2, 2015 Site Plan Review City Council Meeting Commercial district standards require landscaping to occupy a minimum of 8% of the parking lot and loading dock area. Staff calculates that 8.3% of the proposed parking lot and loading dock area is landscaping. Transportation The applicant proposes an access drive onto Sioux Drive, roughly across from existing Westfalen Trail. The access includes a single lane into the site and two lanes exiting the site. The City Engineer has recommended a number of improvements to this access drive. The applicant has submitted a traffic analysis which has been reviewed by the City Engineer. The applicant concludes that no improvements are necessary to Sioux Drive to support the proposed development, but the City Engineer disagrees. The City Engineer recommends a left turn lane on Sioux Drive into the site so that traffic entering the site can do so safely, especially if traffic is backed up at the Highway 55 stop light. Staff recommends that construction of this turn lane be included as a condition of approval. The development to the west of Sioux Drive entered into a petition and waiver for construction of a left -turn lane onto Westfalen Trail. The most efficient means of construction is most likely for Aldi to also enter into a petition and waiver and for the City to construct both turn lanes as a single project. The City Engineer has estimated this cost at $220,000. The subject site is 3.35 acres in size, and the development to the west of Sioux Drive is 2.34 acres in size. Using this basis, staff is recommending that 58.8% of the cost be the responsibility of the subject site. The applicant's site design provides an access drive to the eastern property line. The applicant has stated that they are open to providing an easement to the property owner to the east to provide to Sioux Drive. Staff believes that this easement would provide flexibility to access the eastern site for west bound traffic, since there is a median in Highway 55. It would also provide an opportunity to discuss access upon the ultimate redevelopment of the eastern property, with the possibility of benefitting Highway 55 by removing a direct access to the highway for the future use. It should be noted that extending this access to the eastern property would require some wetland impacts, as there is a wetland immediately to the east of the Aldi site. Off -Street Parking The City would require a minimum of 72 parking spaces (1 per 250 gross square feet of retail space). The applicant originally proposed 80 parking stalls, but following the feedback of the Planning Commission, reduced down to the minimum, reducing 3428 square feet of hardcover and allowing a sidewalk connection to be added. Sewer/Water The applicant proposes to connect to the utilities in existing improvements on Sioux Drive. The applicant proposes to extend a watermain to the property to the east to support that ultimate redevelopment. Loading Dock Commercial districts regulations state that "no loading dock shall encroach into the required setbacks for the front yard or a side yard adjacent to a street. Loading docks shall be located, and landscaping shall be utilized so as to minimize visibility from streets," and that "no loading dock shall be visible, to the fullest extent possible, from any residential zoning district." Staff believes Aldi Page 6 of 9 June 2, 2015 Site Plan Review City Council Meeting the location of the proposed loading dock on the east of the building meets this requirement very well. Utilities/Mechanical Equipment/Trash and Recycling Commercial districts require that utilities be located under ground and that transformers be screened. The applicant proposes to relocate existing electrical lines underground. Staff recommends a condition improving the landscaping adjacent to the proposed transformer. The applicant proposes rooftop mechanical equipment to be screened with metal wall units. An example of these screens is included with the applicant's narrative. Commercial districts require "equipment shall be screened through the use of architectural elements and materials which are compatible with the overall design of the building." Staff calculated the metal walls as part of the overall exterior materials. The Planning Commission and Council may wish to discuss if the proposed screening is compatible with the overall design. Review Criteria Staff recommends that the Planning Commission and City Council review the requests in the following order: 1) Hardcover Variance; 2) Site Plan Review. Variance 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 difficulty 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 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." The applicant argues that the location of a commercial property along Elm Creek and at a major intersection in the City is unique and justifies a variance. The City did approve a variance for 50% hardcover on the site to the west of Sioux Drive, but the previous approval does not create precedent, as each variance is to be reviewed on its own. The proposed commercial use is permitted in the district and even a variance to 45.4% is significantly below the amount of Aldi Page 7 of 9 June 2, 2015 Site Plan Review City Council Meeting hardcover which is permitted on other commercial property. Staff believes the development would be similar to the development to the west of Sioux Drive, thus not altering the essential character of the locality. If the City approves the variance, staff would recommend a condition that additional stormwater treatment or streambank restoration is provided. Staff believes the intensive vegetation removal proposed by the applicant severely undercuts the justification for the variance. With a more reasonable trimming and removal plan and enhanced stormwater and streambank restoration, staff believes it is reasonable to argue that the variance criteria are met. Site Plan Review The purpose of a Site Plan Review, as described in Section 825.55, is to review proposed construction for consistency with City regulations. Obviously, in this case, the proposed construction exceeds hardcover requirements. If the City Council does not grant approval of the variance, the Site Plan Review cannot be approved. If the Council approves the variance, it appears that other relevant regulations would be met. The City "may condition its approval in any manner it deems reasonably necessary in order to promote public health, safety or welfare, to achieve compliance with this ordinance, or to accomplish the purposes of the district in which the property is located." The City has a fair amount of discretion when reviewing requests for variances. In fact, a variance should only be granted if the City finds that the criteria have been met. Generally, the City has a low level of discretion when reviewing on site plan applications. If the request is consistent with City regulations, it should be approved. In this case, the site would exceed maximum hardcover allowances without the variance. Therefore, if the variance is not granted, the Site Plan Review should not be approved. Planning Commission Recommendation The Planning Commission reviewed the requests at their April and May meetings. The Commission was very concerned with the initial plan to clear cut the vegetation along Elm Creek. The Commission also believed that the amount of hardcover was too high and that the applicant was not minimizing the requested variance so that the variance criteria were not met. As a result, the Planning Commission recommended denial of the requests. Draft minutes from the Planning Commission are attached. After the Planning Commission provided their recommendation, the applicant reduced the size of the parking lot by approximately 4000 square feet. The original plan is attached for reference. Potential Council Action Before taking action, the City Council should hold a Public Hearing on the requested variance, sitting as the Board of Appeals and Adjustment. The City Council may consider the following actions: • Refer to Planning Commission — the site plan has been amended since Planning Commission review. It is not clear whether this would change the recommendation, but the Council could refer to it in order to find out. Aldi Page 8 of 9 June 2, 2015 Site Plan Review City Council Meeting " D i r e c t s t a f f t o p r e p a r e d o c u m e n t s f o r d e n i a l b a s e d u p o n t h e f i n d i n g s p r o v i d e d b y t h e P l a n n i n g C o m m i s s i o n . I f t h e C i t y C o u n c i l c o n c u r s t h a t t h e v a r i a n c e c r i t e r i a h a v e n o t b e e n m e t , t h i s m o t i o n w o u l d b e a p p r o p r i a t e . " D i r e c t s t a f f t o p r e p a r e d o c u m e n t s f o r a p p r o v a l . S t a f f h a s p r o v i d e d p o t e n t i a l c o n d i t i o n s t o t h e P l a n n i n g C o m m i s s i o n i n c a s e t h e y f o u n d t h e v a r i a n c e c r i t e r i a w e r e m e t . T h e s e c o n d i t i o n s a r e p r o v i d e d b e l o w f o r r e f e r e n c e i n c a s e t h e C o u n c i l f i n d s t h e v a r i a n c e c r i t e r i a h a v e b e e n m e t : 1 ) T h e a p p l i c a n t s h a l l c o n s t r u c t t h e i m p r o v e m e n t s a s d i s p l a y e d o n t h e p l a n s r e c e i v e d b y t h e C i t y 5 / 2 1 / 2 0 1 5 , e x c e p t a s m o d i f i e d h e r e i n . 2 ) T h e a p p l i c a n t s h a l l u p d a t e t r e e r e m o v a l a n d l a n d s c a p i n g p l a n s a s f o l l o w s : a . T h e a p p l i c a n t s h a l l a l s o m e e t t h e r e c o m m e n d a t i o n s o f t h e C i t y '