The URL can be used to link to this page

Home My Public Portal About06.06.2017 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 6, 2017 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the May 16, 2017 Special Council Meeting B. Minutes of the May 16, 2017 Regular Council Meeting V. CONSENT AGENDA A. Approve Liquor License to Medina CC, LLC at 400 Evergreen Road, Medina, MN 55340 B. Approve Tobacco License to Medina CC, LLC at 400 Evergreen Road, Medina, MN 55340 C. Approve 2017-2018 Liquor License Renewals D. Resolution Approving Plans and Specifications and Ordering the Advertisement for Bid for the 2017 Sanitary Sewer Lining Project E. Ordinance Regarding Predatory Offender Residency Restrictions; Amending Chapter 3 of the City Code F. Resolution Authorizing Publication of Ordinance Regarding Predatory Offender Residency Restrictions by Title and Summary VI. PRESENTATIONS A. Abdo, Eick, and Meyers — 2016 Annual Financial Report VII. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VIII. NEW BUSINESS A. Clydesdale Trail Improvement Project — Public Hearing 1. Resolution Approving Plans According to Feasibility Report and Ordering Clydesdale Trail Improvement Project 2. Resolution Adopting Assessment Roll for Clydesdale Trail Improvement Project B. Wichita Trail Improvement Project — Public Hearing 1. Resolution Approving Plans According to Feasibility Report and Ordering Wichita Trail Improvement Project 2. Resolution Adopting Assessment Roll for Wichita Trail Improvement Project C. Willow Drive North Improvement Project — Public Hearing 1. Resolution Approving Plans According to Feasibility Report and Ordering Willow Drive North Improvement Project 2. Resolution Adopting Assessment Roll for Willow Drive North Improvement Project D. Donald Dykhoff — Variance from Required Wetland Setback for Septic System — 3396 Elm Creek Drive — Public Hearing E. Robin Johnson — Conditional Use Permit for Accessory Dwelling Unit and Larger Accessory Structure — 1325 Tamarack Drive F. Ordinance Regarding Regulations Related to the Residential -Mid Density (R3), Residential - Limited Multiple Family (R4), and Residential -Multiple Family (R5) Zoning Districts; Amending Chapter 8 of the City Code Posted 6/1 /2017 Page 1 of 2 G. LED Lighting Study, Ordinance Amendment, Potential Moratorium 1. Interim Ordinance Regarding Unshielded Lighting Emitting Diode (LED) lighting; Establishing a Moratorium; and directing a study of official controls related thereto 2. Resolution Authorizing Publication of the Ordinance by Title and Summary IX. OLD BUSINESS A. Conservation-Design-PUD Ordinance 1. Ordinance Regarding Conservation Design; Amending Chapter 8 of the City Code 2. Resolution Authorizing Publication of Ordinance by Title and Summary X. CITY ADMINISTRATOR REPORT A. Planning Commissioner Appointments B. Water Interconnect with Corcoran on Hackamore Road Update C. Mediacom Update XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. ADJOURN Posted 6/1/2017 Page 2 of 2 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: June 1, 2017 DATE OF MEETING: June 6, 2017 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Liquor License to Medina CC, LLC at 400 Evergreen Road, Medina, MN 55340 — The Medina Golf and Country Club is being sold to a new entity called Medina CC, LLC. They plan to continue to operate the property as a golf course and keep the name Medina Golf & Country Club. The applicant has submitted the necessary application packet and fees. The Police Department did an investigation on corporate officers and the operations management and recommend approval. Staff recommends approval of the liquor license to Medina CC, LLC contingent upon receiving the final paperwork after the sale. No attachments for this item. B. Approve Tobacco License to Medina CC, LLC at 400 Evergreen Road, Medina, MN 55340 — The anticipated new owners of the Medina Golf and Country Club have indicated that they would also like to apply for a tobacco license at the time of sale. Staff recommends approval of their tobacco license contingent upon receiving the necessary application and fee. No attachments for this item. C. Approve 2017-2018 Liquor License Renewals — All paperwork and fees have been submitted. Staff recommends approval of the 2017-2018 liquor license renewals as detailed on the attached memo. See attached memo. D. Resolution Approving Plans and Specifications and Ordering the Advertisement for Bid for the 2017 Sanitary Sewer Lining Project — The City is taking steps to reduce inflow and infiltration (I/I) in the sewer system. Staff identified this sanitary sewer lining project at the intersection of CR 116 and TH 55 as a contributor to I/I. The existing sanitary sewer mains were televised and found to contain longitudinal cracks, root intrusion, and leaky service connections. The proposed project includes the lining of sanitary sewer mains and services in and around the intersection. Staff recommends approval. See attached memo, map, and resolution. E. Ordinance Regarding Predatory Offender Residency Restrictions; Amending Chapter 3 of the City Code — Staff was directed after discussion at the May 16, 2017 City Council Work Session to bring the Predatory Offender Residency Restrictions Ordinance forward for approval. The ordinance makes it unlawful for a Level III predatory offender to establish a Permanent Residence or Temporary Residence within 2,000 feet of any School, Day Care Center, Park or Playground. Staff recommends approval. See attached memo, ordinance, and map. F. Resolution Authorizing Publication of Ordinance Regarding Predatory Offender Residency Restrictions by Title and Summary — Staff recommends approval of the resolution authorizing publication of the ordinance by title and summary. See attached resolution. VI. PRESENTATIONS A. Abdo, Eick, and Meyers — 2016 Annual Financial Report — Justin Nilson from Abdo, Eick and Meyers will be at the meeting to present the 2016 Annual Financial Report. See attached management letter and financial report. VIII. NEW BUSINESS A. Clydesdale Trail Improvement Project — Public Hearing — The Clydesdale Trail improvement project was discussed by the City Council at the May 2, 2017 meeting. A public hearing and an assessment hearing need to be held for the project at this meeting. Also, approval of a resolution for the plans and ordering the project is requested. Finally, a resolution adopting the assessment roll for the project is requested. See attached resolutions. Recommended Motion #1: Approve Resolution Approving Plans According to Feasibility Report and Ordering Clydesdale Trail Improvement Project Recommended Motion #2: Approve Resolution Approving Assessment Roll for the Clydesdale Trail Improvement Project B. Wichita Trail Improvement Project — Public Hearing — The Wichita Trail improvement project was discussed by the City Council at the May 2, 2017 meeting. A public hearing and an assessment hearing need to be held for the project at this meeting. Also, approval of a resolution for the plans and ordering the project is requested. Finally, a resolution adopting the assessment roll for the project is requested. See attached resolutions. Recommended Motion #1: Approve Resolution Approving Plans According to Feasibility Report and Ordering Wichita Trail Improvement Project 2 Recommended Motion #2: Approve Resolution Approving Assessment Roll for the Wichita Trail Improvement Project C. Willow Drive North Improvement Project — Public Hearing — The Willow Drive North improvement project was discussed by the City Council at the May 2, 2017 meeting. A public hearing and an assessment hearing need to be held for the project at this meeting. Also, approval of a resolution for the plans and ordering the project is requested. Finally, a resolution adopting the assessment roll for the project is requested. See attached resolutions. Recommended Motion #1: Approve Resolution Approving Plans According to Feasibility Report and Ordering Willow Drive North Improvement Project Recommended Motion #2: Approve Resolution Approving Assessment Roll for the Willow Drive North Improvement Project D. Donald Dykhoff — Variance from Required Wetland Setback for Septic System — 3396 Elm Creek Drive — Public Hearing — Michael Dykhoff (on behalf of owner Donald Dykhoff) has requested a variance to reduce the required 75 foot setback for an individual sewage treatment system (ISTS) from a wetland. The property is currently listed for sale and it was found that the existing system on the property is non -compliant. The applicant hired Rusty Olson's soil testing to design a replacement system, but most of the property appears to have been disturbed and would not support a mound system. The rear of the property would support a standard mound, but is less than 75 feet from an adjacent wetland. See attached report. Recommended Motion: Move to direct staff to prepare a resolution granting a variance from the 75 foot wetland setback for an ISTS subject to the conditions noted in the staff report. E. Robin Johnson — Conditional Use Permit for Accessory Dwelling Unit and Larger Accessory Structure — 1325 Tamarack Drive — Robin Johnson has requested a conditional use permit for an accessory dwelling unit (ADU) and accessory structures with an aggregate footprint in excess of 5000 square feet at her property at 1325 Tamarack Drive. See attached report. Recommended Motion: Move to direct staff to prepare a resolution approving the Conditional Use Permit based upon the findings described in the staff report, and subject to the conditions noted in the report. 3 F. Ordinance Regarding Regulations Related to the Residential -Mid Density (R3), Residential -Limited Multiple Family (R4), and Residential -Multiple Family (R5) Zoning Districts; Amending Chapter 8 of the City Code — The City's Comprehensive Plan update is currently being reviewed by affected jurisdictions and is anticipated to be submitted to the Metropolitan Council this fall. The City is required to review and make appropriate changes to its official controls, including zoning regulations, within nine months of the updated Plan being in effect. The City's regulations are required to be consistent with and able to implement the Comprehensive Plan. As a result of changes made to the planned density range for the High Density Residential (HDR) land use in the Plan update, and also as a result of recent discussions in connection to concept plans within the future HDR land use, staff thought it was appropriate to begin discussions of the zoning ordinance related to the HDR land use at this time. See attached report. Recommended Motion: Motion to direct staff to make the requested changes and to present the ordinance on the June 20, 2017 consent agenda. G. LED Lighting Study, Ordinance Amendment, Potential Moratorium — The expanded use of LED lighting for parking lot lights and other task/site lighting which is downcast has not seemed to cause issue through the review process. Applicants have been able to model the anticipated light trespass similar to other types of lighting. However, staff s impression is that the nature of LED lighting has caused difficulties for applicants to model the intensity of lighting which is not downcast, such as lighting used in signs and as decorative elements. Current city regulations limit visible light fixtures to a maximum of 2000 lumens. Various applicants have indicated that a lumens calculation is not as straight forward for an LED light fixture as it is for other types of light fixtures. This raises concerns when determining if proposed lighting meets the ordinance limitation and whether the lighting may have the potential to cause glare and other public health and safety concerns. See attached report. Recommended Motion #1: Move to adopt the interim ordinance regarding unshielded light emitting diode (LED) lighting; establishing a moratorium; and directing a study of official controls related thereto. Recommended Motion #2: Move to adopt resolution authorizing publication of the ordinance by title and summary. IX. OLD BUSINESS A. Conservation-Design-PUD Ordinance — The CD-PUD is intended to encourage conservation and protection of natural resource areas and open space by offering 4 flexibility to developers in exchange for the applicant placing portions of the property into permanent conservation. During the February 7, 2017 and May 16, 2017 City Council Meetings, staff was directed to update the language per the discussion and bring back the proposed ordinance. See attached report, ordinance and resolution. Recommended Motion # 1: Adopt ordinance regarding conservation design; amending chapter 8 of the city code Recommended Motion # 2: Adopt resolution authorizing publication of the ordinance by title and summary X. CITY ADMINISTRATOR REPORT A. Planning Commissioner Appointments — The city received five applicants to fill the two vacant seats on the Medina Planning Commission. Interviews are being held on June 1st and June 6th prior to the meeting. The interview panel will bring the recommendation for appointments to the meeting. No attachments for this item. B. Water Interconnect with Corcoran on Hackamore Road Update — Public Works Director Steve Scherer, City Planner Dusty Finke, and I met with representatives from the City of Corcoran. Corcoran received bids to put in a water interconnect between their new Lennar subdivision water service and the City of Medina. The interconnect will provide an insurance policy for Medina if an emergency occurs with the water system in Hamel. The total cost for the project is $30,000. Medina would pay $15,000 of the expense. No attachments for this item. C. Mediacom Update — Staff hopes to have the 2017 broadband buildout map from Mediacom to present at the June 6th meeting. Staff has not received the map. Staff will also provide an update on the recent discussion with Mediacom on future broadband buildout. No attachments for this item. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 004153E-004176E for $104,134.58, order check numbers 045901-045959 for $162, 067.00, and payroll EFT 507912-507962 for $93, 720.86. • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 5 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF MAY 16, 2017 The City Council of Medina, Minnesota met in special session on May 16, 2017 at 6:30 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Anderson, Cousineau, Martin, Pederson, Mitchell Members absent: Also present: City Administrator Scott Johnson, Public Safety Director Ed Belland, City Planner Dusty Finke, Public Works Director Steve Scherer, and Police Sergeant Jason Nelson. II. Housing Ordinance Changes/Study for Predatory Offenders City Administrator Scott Johnson requested the addition of item - III. Furnace and AC Replacement Quotes for City Hall. The City Council agreed to the addition of the item to the agenda. Chief Belland provided background information on the draft ordinance. The City Council directed Staff to move forward with the 2,000 foot buffer distance, review school, daycare, and park areas in bordering cities, and bring the updated ordinance to a City Council meeting in the near future for review. III. Furnace and AC Replacement Quotes for City Hall Staff provided information regarding quotes for replacing a furnace and AC unit in the lower level of City Ha11. The City Council reviewed the quotes and directed Staff to bring forward the quote from Ditter ($7,477 cost with rebates) for approval at the City Council meeting that night under the City Administrator Report. Adjournment Mitchell closed the meeting at 6.•50 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 May16, 2017 This Page Intentionally Left Blank Medina City Council Special Meeting Minutes 2 May16, 2017 1 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 16, 2017 4 5 The City Council of Medina, Minnesota met in regular session on May 16, 2017 at 7:00 6 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief 16 of Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:01 p.m.) 24 25 A. Approval of the May 2, 2017 Regular City Council Meeting Minutes 26 Johnson noted that Martin provided some corrections to the minutes that have been 27 distributed to the Council at the dais and will be incorporated into the minutes. 28 29 It was noted on page three, line five it should state, "...commercial use." On page three, 30 line seven, it should state, "...have a couple of small chicks, estimating about..." On 31 page four, line 20, it should state, "...perhaps the City..." On page five, line 17, it 32 should state, "...policy regarding senior housing..." On page six, line 25, it should state, 33 "...to have review the sight lines from Baker Park Reserve, as they the City..." On page 34 eight, line 26, it should state, Anderson stated that having an approved new 35 Comprehensive Plan assumes November is assuming that a lot of things go right;. but 36 But that is not a guarantee as..." On page nine, line 29, it should state, "...the City 37 communicates clearly with residents on how the new process..." 38 39 Moved by Anderson, seconded by Pederson, to approve the May 2, 2017 regular City 40 Council meeting minutes as amended. Motion passed unanimously. 41 42 V. CONSENT AGENDA (7:05 p.m.) 43 44 A. Approve Hamel Fire Department Acknowledgement of Financing and 45 Written Agreement 46 B. Approve Agreement for Advanced Subsurface Sewage Treatment Systems 47 Inspections 48 C. Resolution No. 2017-32 Entering into Master Partnership Contract with the 49 Minnesota Department of Transportation 50 D. Resolution No. 2017-33 Accepting Resignation of Laurie Rengel from the 51 Planning Commission Medina City Council Meeting Minutes 1 May 16, 2017 1 E. Resolution No. 2017-34 Accepting Resignation of Chris Barry from the 2 Planning Commission 3 F. Resolution No. 2017-35 Accepting Donation from the Hamel Lions Club 4 G. Resolution No. 2017-36 Approving Animal Structure Setback Variance for 5 Joseph Molde at 4035 Apache Drive 6 H. Approve Final Pay Application for City Hall Lower Level Project 7 Moved by Anderson, seconded by Martin, to approve the consent agenda. Motion 8 passed unanimously. 9 10 Johnson thanked the Hamel Lions for their donation of $750 for the bike rodeo this 11 weekend. 12 13 VI. COMMENTS (7:07 p.m.) 14 15 A. Comments from Citizens on Items not on the Agenda 16 There were none. 17 18 B. Park Commission 19 Scherer reported that the Park Commission will meet the following night to review notes 20 from the park tour. He stated that the Commission will also consider park dedication 21 requests from Elim Care and The Reserve of Medina phase two. 22 23 C. Planning Commission 24 Planning Commissioner Reid provided an update on the May 9t" Planning Commission 25 meeting. She stated that the Commission held a public hearing regarding a Conditional 26 Use Permit request from Robin Johnson for an accessory dwelling structure and 27 accessory structures in excess of 5,000 square feet and recommended approval. She 28 stated that the Commission also held a public hearing on potential amendment of the 29 ordinance related to conservation design and also recommended approval. She stated 30 that the Commission also held a public hearing on the potential amendment to the high- 31 density zoning districts and provided a summary of the discussion the Commission had, 32 noting that the Commission also recommended approval of those amendments. 33 34 Mitchell stated that the Council is aware of the vacant positions on the Commission and 35 hope to find interested residents to fill the positions soon. 36 37 VII. NEW BUSINESS 38 39 A. Conservation-Desiqn-PUD Ordinance (7:12 p.m.) 40 Johnson noted that the Council discussed this topic at meetings in January and 41 February and Finke has drafted potential changes to the ordinance based on those 42 discussions. 43 44 Finke stated that the direction of the Council was to improve, or make clearer, the link to 45 flexibility as an incentive that ties to the quality and quantity of resources preserved. He 46 noted that while the language existed in the ordinance, this language would make it 47 more clear and obvious that the flexibility of the density is at the full discretion of the City. 48 He stated that the major policy confines of the ordinance were left unchanged and the 49 items identified by the Council were simply made clearer. He stated that there is a pretty 50 large swath of the City that could be eligible for the ordinance. He stated the largest 51 base density would be 11 lots while the average would be one or two lots. Medina City Council Meeting Minutes 2 May 16, 2017 1 2 Martin reviewed the list of potential amendments and the comments she submitted to 3 staff; mostly small grammatical changes. She noted that her thinking is driven by the 4 thought that the protection of resources now in this manner could prevent the 5 degradation of resources during future redevelopments of the property. She noted that 6 the language should reflect additional protection and conservation that would occur 7 outside of the natural protection that would be provided through the City Code. She 8 noted that public access to the protected elements should also be provided. 9 10 Anderson referenced a proposed change he had regarding bonus density, using 11 language in an attempt to strengthen the bonus density to state, "in rare circumstances". 12 13 Mitchell stated that the Council is being redundant but it does make it very clear to 14 applicants. 15 16 Anderson stated that this will help to make it very clear and will help future Councils to 17 have as much leverage as they can in making these decisions. 18 19 Martin provided a grammatical suggestion for the language change. 20 21 Finke provided different examples of how the ordinance could be applied to both 22 residential applications through conservation design and commercial applications 23 through PUD. He stated that there is less permanency of the easement through PUD. 24 He stated that the incentive in the rural residential application is the bonus density as 25 that could make the developer actually think about the possibility. 26 27 Mitchell stated that he is being persuaded that there is a benefit to long-term protection 28 of certain elements because you never know what will come along in the future through 29 redevelopment. He stated that this ordinance is very useful and asked if the ordinance 30 should be redlined again combining the staff draft with the changes proposed by Martin 31 and through discussion tonight. He noted that the redline could be sent out in the next 32 Council packet to provide more clarity. 33 34 The Council provided consensus on language related to park dedication. 35 36 Martin offered to redline the staff version to include in the next Council packet to 37 incorporate her proposed changes. 38 39 Finke stated that he can also incorporate the comments made tonight in another color. 40 41 1. Ordinance Regarding Conservation Design; Amending Chapter 8 of 42 the City Code 43 Moved by Cousineau, seconded by Anderson, to table the Ordinance regarding 44 conservation design; amending Chapter 8 of the City Code. Motion passed 45 unanimously. 46 47 2. Resolution Authorizing Publication of Ordinance by Title and 48 Sum -ma -Pi 49 50 B. Liquor Ordinance Amendment Regarding Off -Sale of Intoxicating Liquor on 51 Sundays (7:43 p.m.) Medina City Council Meeting Minutes 3 May 16, 2017 1 Johnson stated that the State law was recently updated to allow Sunday liquor sales 2 which will take effect July 1st. He stated that Assistant City Administrator Jodi Gallup 3 and legal staff worked to draft the proposed language to update the City's regulations. 4 5 1. Ordinance No. 611 Amending City Code Section 625 Regarding 6 Alcoholic Beverage Licenses 7 Moved by Martin, seconded by Cousineau, to adopt Ordinance No. 611 amending City 8 Code Section 625 regarding alcoholic beverage licenses. Motion passed 9 unanimously. 10 11 2. Resolution No. 2017-37 Authorizing Publication of Ordinance No. 12 611 by Title and Summary 13 Moved by Martin, seconded by Anderson, to adopt resolution no. 2017-37 authorizing 14 publication of ordinance no. 611 by title summary. Motion passed unanimously. 15 16 VIII. CITY ADMINISTRATOR REPORT (7:45 p.m.) 17 Johnson stated that during the worksession they discussed the replacement of a furnace 18 and air conditioner at City Hall. He noted that the City obtained two quotes on the 19 replacement and received a quote from Ditter. He stated that the City has experience 20 with Ditter because they provide ongoing maintenance of the heating and cooling 21 equipment at all the City facilities. Although their quote was $280 higher, the City would 22 receive a more efficient air conditioner and therefore staff recommends selecting Ditter. 23 24 Moved by Martin, seconded by Pederson, to select Ditter's option two for the 25 replacement of the furnace and air conditioner at City Hall. Motion passed 26 unanimously. 27 28 IX. MAYOR & CITY COUNCIL REPORTS (7:46 p.m.) 29 Martin commented that the bike rodeo is Saturday from 11 a.m. to 1 p.m. She noted that 30 LICA will have an ice cream social at 1 p.m. on Saturday. She stated that she will be 31 meeting with the Long Lake Fire Department the following day. 32 33 Cousineau noted that she attended the kick off meeting for the planning of Medina 34 Celebration Day. 35 36 Mitchell provided an update from the recent mayors meeting that he attended where 37 there was a presentation from Hennepin County where it was made clearer the roles and 38 responsibilities of the County, municipalities, and the Metropolitan Council. 39 40 X. APPROVAL TO PAY THE BILLS (7:49 p.m.) 41 Moved by Martin, seconded by Anderson, to approve the bills, EFT 04135E-04152E for 42 $51,951.29, order check numbers 045832-045900 for $133,323.05, and payroll EFT 43 507881-507911 for $47, 667.23. Motion passed unanimously. 44 45 XI. ADJOURN 46 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 7:50 p.m. 47 Motion passed unanimously. 48 49 50 Bob Mitchell, Mayor 51 Attest: Medina City Council Meeting Minutes 4 May 16, 2017 1 2 3 Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 5 May 16, 2017 Agenda Item # 5C MEMORANDUM TO: Medina City Council through City Administrator Scott Johnson FROM: Jodi Gallup, Assistant City Administrator/City Clerk DATE: May 24, 2017 MEETING: June 6, 2017 SUBJ: Liquor License Renewals for July 1, 2017 through June 30, 2018 City Council Action Requested: Approval of the liquor license renewals listed below: Establishment Classification License Type Fee Medina Recreations Inc. (DBA: Restaurant/Bowling On Sale — Class A $7,500 Medina Entertainment Center) Alley Off Sale $150 Sunday $200 Dance $100 Medina CC, LLC (DBA: Medina Restaurant/Golf On Sale — Class A $7,500 Golf Country Club) Course Sunday $200 R.M.T. Inc. (DBA: Inn Kahoots) Restaurant On Sale — Class D $4,500 Off Sale $150 Sunday $200 Start Fresh Corporation (DBA: Our Wine & Strong Wine $2,000 American Kitchen/OAK Eatery) Beer On Sale 3.2 $100 Three Rivers Park District (DBA: 3.2 Malt Beverage On Sale 3.2 $100 Baker National Golf Course) & Beer Off Sale 3.2 $50 American Legion 394 (DBA: John 3.2 Malt Beverage On Sale 3.2 $100 Pohlker Post) & Beer Liquor Depot Inc. Liquor Store Off Sale $150 Holiday Stationstores (DBA: Hwy Liquor Store Off Sale $150 55 Liquors) MEMORANDUM TO: City Council, through City Administrator Jodi Gallup FROM: Jim Stremel, Assistant City Engineer DATE: May 31, 2017 MEETING: June 6, 2017 SUBJECT: 2017 Sanitary Sewer Lining Project — Approve Plans/Specs, Authorize Ad Project Background & Status: The City is taking steps to reduce excessive inflow and infiltration (I/I). Along with the ongoing metering operations in other areas of the City, City staff have identified this project area as a contributor to I/I. The existing sanitary sewer mains were televised and found to contain longitudinal cracks, root intrusion, and leaky service connections. The proposed project includes the lining of sanitary sewer mains and services in and around the intersection of CR 116 and TH 55; enclosed is a map showing the specific locations. This construction method is often referred to as "slip -lining" and is a process by which a new pipe is inserted into and formed inside the existing host pipe without having to disturb the surface. As a note, there are no immediate structural concerns with the existing pipe, but the proposed lining process will aid in keeping the pipe in -tact where cracks have formed. Cost: The total estimated cost for the project is $262,000 which includes a 10% contingency and a 20% indirect cost for engineering, administration, and financing. Schedule: At this time the plans and specifications are being finalized with the following proposed schedule: Final Plans & Specifications June, 2017 Project Bidding June/July, 2017 Begin Construction August/September, 2017 Final Completion October, 2017 City Council Action Requested: Adopt the resolution approving the plans and specifications and authorizing the advertisement for bids. Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS WHEREAS, the city engineer has prepared plans and specifications for the proposed 2017 Sanitary Sewer Lining Project. The improvements are located on Pinto Drive (north and south of TH 55) and the northerly frontage road of TH 55 (east and west of CR 116) and include lining of the existing sewer main as well as service lateral lining improvements. The plans and specifications have been presented to the council for approval; NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as follows: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city administrator shall direct the city engineer to insert in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisements shall be published for 21 days, shall specify the work to be done, shall state that the bids will be received by the clerk until 10:00 a.m. on Tuesday July, 11, 2017, at which time they will be publically opened in the council chambers of the city hall by the administrator and engineer, will then be tabulated, and will be considered by the council at 7:00 p.m. on July 18, 2017, in the council chambers of the city hall. Any bidder whose responsibility is questioned during the consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the administrator and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the administrator for 5 percent of the amount of such bid. Dated: June 6, 2017 Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon a vote being taken thereon, the following voted in favor thereof: Resolution No. June 6, 2017 And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. June 6, 2017 2 0'00 0 �.i 0 4+0p 8`00 Sanitary Lining Segments Stationing - Segments Previously Lined • Sewer Manholes —� Sewer Gravity Mains Sewer Lateral Lines MEDINA Figure 1 - Project Map 2017 Sanitary Sewer Lining Project City of Medina N 0 200 Feet 1 inch = 250 feet A WSp s s w w O_ 0 61 a V A J N D MEDINA POLICE DEP MEMORANDUM Agenda Item # 5E Euu •.micsuaie Iran Medina, MN 55340-9790 p:763-473-9209 f:763.473.8858 non -emergency: 763 -5 25.6210 Emergency 9-1-1 TO: Administrator Scott Johnson and Medina City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: May 31, 2017 RE: Proposed Sexual Predator Offender Residency Restriction Ordinance BACKGROUND At the special session on May 16, 2017, the Medina City Council reviewed the proposed Predatory Sex Offender and Residency Restriction Ordinance. The City Council was in general consensus of the proposed ordinance. We left the special session with two issues to look into. The first was could we protect areas in Medina that were within the 2000 feet restrictions from parks and schools in other jurisdictions. The second issue was did Orono designate Wolfsfeld Nature Area as a restricted venue. City Attorney Andrew Biggerstaff answered the first question stating that the City Council has the ability to protect those areas in Medina that are within 2000 feet from bordering communities, schools and parks. I checked with the Orono police chief to see if Wolfsfeld Nature Area was included in their restrictions; he informed me it was not. Attached is the updated ordinance with the protection language for areas in Medina that are closer than 2000 feet from a school or park. We also added those restrictions on the new map which does not include Wolfsfeld Nature Area. REQUESTED CITY COUNCIL ACTION I would ask the City Council to adopt the Predatory Sex Offender and Residency Restriction Ordinance. Secondly, to pass the attached resolution and to publish the ordinance by title and summary. CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING PREDATORY OFFENDER RESIDENCY RESTRICTIONS; AMENDING CHAPTER 3 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. The Medina city code is amended by adding the following sections to Chapter 3, Section 300 as follows: Section 300.15. Predatory Offender Residency Restrictions Subd. 1. Findings and Intent. (a) Repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children are predators who present an extreme threat to the public safety. Predatory offenders are extremely likely to use physical violence and to repeat their offenses. Most predatory offenders commit many offenses, have more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of predatory offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of its citizens by establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain predatory offenders are prohibited from establishing temporary or permanent residence. Subd. 2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Day Care Center — A facility licensed by the State of Minnesota in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. (b) Designated Offender — Any person who has been categorized as a Level III predatory offender under Minnesota Statutes § 244.052, a successor statute, or a similar statute from another state. (c) Park or Playground — Any land, including improvements, but excluding trails and sidewalks, operated by a city, county, or the Three Rivers Park District for the use by the general public as a recreational area. (d) Permanent Residence — A place where a person abides, lodges or resides for 14 or more consecutive days. (e) School — Any public or non-public educational institution that offers educational instruction to individuals under the age of 18. Ordinance No. ### 1 DATE (0 Temporary Residence — A place, other than a person's permanent residence, where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year or four or more consecutive or non- consecutive days during any month. Subd. 3. Residency Prohibition; Penalties; Exceptions. (a) Residency Prohibition. (1) It is unlawful for any Designated Offender to establish a Permanent Residence or Temporary Residence within 2,000 feet of any School, Day Care Center, Park or Playground. Such prohibition shall apply regardless of whether the School, Day Care Center, Park or Playground is located in the City of Medina or a neighboring city. (2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the Permanent Residence or Temporary Residence of the Designated Offender to the nearest outer property line of a School, Day Care Center, Park or Playground. (3) A map of prohibited areas within 2,000 feet of any School, Day Care Center, Park or Playground will be kept by the City of Medina Police Department. (b) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000, or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. (c) Exceptions. A Designated Offender residing within a prohibited area as described in Section 300.15 Subd. 3(a) does not commit a violation of this section if any of the following apply: (1) The Designated Offender established the Permanent Residence or Temporary Residence and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or successor statute, prior to the effective date of this section. (2) The Designated Offender was a minor when he or she committed the offense and was not convicted as an adult. (3) The Designated Offender is a minor. (4) The School, Day Care Center, Park or Playground within 2,000 feet of the Designated Offender's Permanent Residence or Temporary Residence was designated or opened after the Designated Offender established the Permanent Residence or Temporary Residence and reported and registered the residence pursuant to M.S. § 243.166 or § 243.167, or successor statute. (5) The residence is also the primary residence of the Designated Offender's parents, grandparents, siblings, spouse, or adult children. (6) The residence is a property owned by the Minnesota Department of Corrections or the federal government. Ordinance No. ### 2 DATE SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2017. Attest: Jodi M. Gallup, City Clerk Published in the Crow River News on the Bob Mitchell, Mayor Ordinance No. ### 3 DATE day of , 2017. El imusimENLa -� pnuv� 4kb NEE • Ar \� ! gr _\_•4 'ul��l��n� _�111�1111 111111111i p i 11\*. MEDINA Predatory Offender Residence Location Restrictions Legend School, Day Care Center, Park or Playground Prohibited Area within 2000 ft of a regulated premise N 0 0.25 0.5 1 Map Date: May 19, 2017 Miles Agenda Item # 5F Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. amending Chapter 3 of the code of ordinances regarding predatory offender residency restrictions; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 3 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 clerk shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. , an amendment to chapter 3 of the code of ordinances regarding predatory offender residency restrictions. The ordinance finds that repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children are predators who present an extreme threat to the public safety. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of its citizens by establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain predatory offenders are prohibited from establishing residence. The ordinance states that it is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of any school, day care center, park or playground. The ordinance establishes definitions, residency prohibitions, penalties, and exceptions. The ordinance also regulates renting real property. The full text of Ordinance No. is available for inspection at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2017- June 6, 2017 Dated: June 6, 2017. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017- 2 June 6, 2017 Agenda Item # 6A MEMORANDUM TO: City Council Members FROM: Erin Barnhart, Finance Director DATE: May 30, 2017 SUBJ: 2017 Budget Summary Statement for 2016 Audit Background Medina's 2017 budget of $4,309,741, for a City of approximately 6,200 people, 24 square miles, and urban as well as rural areas, is reasonable and comparable to other Minnesota cities of similar size and configuration. The reserve of $729,369 is within the 50% + or — measurement recommended by the State Auditor. The 10 year capital improvement plan is up to date and the future budgets can accommodate the anticipated expenses. The sewer, water, and storm sewer funds have healthy budgets, reserves, and capital needs forecasts. Medina's bonded debt of $15,160,000 is reasonable for a City with our characteristics. As the oldest bonds are paid off, there will be capacity for future borrowing using bonded debt. Abdo, Eick, and Meyers will present a summary of the 2016 Audit and will answer questions from the City Council regarding the audit. Council Action Requested: Motion to accept the 2016 Audit from Abdo, Eick, and Meyers Agenda Item # 8A2 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR CLYDESDALE TRAIL IMPROVEMENT PROJECT WHEREAS, the city administrator has, with the assistance of the public works director and the city finance director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Clydesdale Trail Improvement project which consists of mill, overlay and curb improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on June 6, 2017, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 5.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to November 15, 2017, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city administrator shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2017-xx June 6, 2017 Dated: June 6, 2017. Bob Mitchell, Mayor ATTEST: Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx 2 June 6, 2017 Map ID PID_NO NAME Total Assessed 1 1211823230058 CONCOLE FAMILY LTD PTRSHP $752.49 2 1211823230049 WILLIAM M TOLES $6,022.38 3 1211823230051 WILLIAM M TOLES $11,350.15 4 1211823230059 CITY OF MEDINA $810.37 5 1211823220004 WILLIAM M TOLES $13,700.72 Total $32,636.10 Resolution No. 2017-xx 3 June 6, 2017 'T r o� ifrVik 2017 Clydesdale Trail Impro►rement Project Project Location and Potential Assessment Area NIEDINA (- Legend Mill and Overlay Location Curb Replacement Potential Assessment Area Map Date: April 21, 2017 Resolution No. 2017-xx 4 June 6, 2017 Agenda Item # 8A1 Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION APPROVING PLANS ACCORDING TO FEASIBILITY REPORT AND ORDERING CLYDESDALE TRAIL IMPROVEMENT PROJECT WHEREAS, pursuant to previous actions by the city council, city staff has prepared plans and specifications for the mill and overlay and curbing for the Clydesdale Trail Improvement Project and has presented such plans and specifications to the council for approval; and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held on June 6, 2017, at which hearing all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby adopted. 2. The above -described improvement is necessary, cost effective and feasible as detailed in the feasibility report. 3. The improvement is hereby ordered as proposed. Dated: June 6, 2017 Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx June 6, 2017 Agenda Item # 8B2 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR WICHITA TRAIL IMPROVEMENT PROJECT WHEREAS, the city administrator has, with the assistance of the public works director and the city finance director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Wichita Trail Improvement project which consists of mill and overlay improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on June 6, 2017, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 5.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to November 15, 2017, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city administrator shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2017-xx June 6, 2017 Dated: June 6, 2017. Bob Mitchell, Mayor ATTEST: Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx 2 June 6, 2017 Map ID PID NAME Assessment Share 1 0411823220005 TIMOTHY & RITA LAMBRECHT $2,098.42 2 0411823230003 D M& H M B KOZLAK $2,098.42 3 0411823220006 CHASE K HANSON $2,098.42 4 0411823220004 BRYAN K NORMAN/NILA J NORMAN $2,098.42 5 0411823230002 ROBERT & SHARON STANGLER $2,098.42 6 0411823220007 D ANDERSON & E HENRICKS $2,098.40 Total $12,590.50 Resolution No. 2017-xx 3 June 6, 2017 y Wichita Trail Improvement Project MEDINA Potential Assessment Area Legend Improvement Project Location Potential Assessment Area Map Date: April 20, 2017 Resolution No. 2017-xx 4 June 6, 2017 Agenda Item # 8B 1 Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION APPROVING PLANS ACCORDING TO FEASIBILITY REPORT AND ORDERING WICHITA TRAIL IMPROVEMENT PROJECT WHEREAS, pursuant to previous actions by the city council, city staff has prepared plans and specifications for the miscellaneous milling, overlay, minimal asphalt curbing, and some seeding of shoulders for the Wichita Trail Improvement Project and has presented such plans and specifications to the council for approval. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held on June 6, 2017, at which hearing all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby adopted. 2. The above -described improvement is necessary, cost effective and feasible as detailed in the feasibility report. 3. The improvement is hereby ordered as proposed. Dated: June 6, 2017 Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx June 6, 2017 Agenda Item # 8C2 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR WILLOW DRIVE NORTH IMPROVEMENT PROJECT WHEREAS, the city administrator has, with the assistance of the public works director and the city finance director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Willow Drive North Improvement project which consists of mill and overlay improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on June 6, 2017, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 5.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to November 15, 2017, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city administrator shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2017-xx June 6, 2017 Dated: June 6, 2017. Bob Mitchell, Mayor ATTEST: Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx 2 June 6, 2017 Map ID PID NAME Total Assessment 1 4-118-23-13-0008 GRAPHIC PACKAGING INTL INC $2,386.64 2 4-118-23-14-0004 JEFFREY S CATES $2,548.14 3 4-118-23-12-0006 ST LOUIS PARK INVESTMENT CO $2,386.64 4 3-118-23-22-0002 JEFFREY & CHRISTINE CATES $300.83 5 4-118-23-11-0002 JEFFREY S CATES $142.92 7 3-118-23-22-0003 RALPH & JOLENE BURGESS $300.83 TOTAL $8,066.00 Resolution No. 2017-xx 3 June 6, 2017 T Y O .o (47:.? Willow Drive NorthImprovement Project Project Location and Potential Assessment Area MEDINA Legend s ,�CATES RANCH 2 Improvement Project Location Potential Assessment Area Map Date: ,April 20, 2017 Resolution No. 2017-xx 4 June 6, 2017 Agenda Item # 8C 1 Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2017-xx RESOLUTION APPROVING PLANS ACCORDING TO FEASIBILITY REPORT AND ORDERING WILLOW DRIVE NORTH IMPROVEMENT PROJECT WHEREAS, pursuant to previous actions by the city council, city staff has prepared plans and specifications for the miscellaneous milling, overlay, shouldering, and minimal asphalt curbing for drainage purposes described in the report for the Willow Drive North Improvement Project (from Chippewa Road north of Hwy. 55 to end of pavement); and has presented such plans and specifications to the council for approval. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held on June 6, 2017, at which hearing all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby adopted. 2. The above -described improvement is necessary, cost effective and feasible as detailed in the feasibility report. 3. The improvement is hereby ordered as proposed. Dated: June 6, 2017 Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-xx June 6, 2017 Agenda Item # 8D MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: May 31, 2017 MEETING: June 6, 2017 City Council SUBJ: Donald Dykhoff — Variance from required wetland setback for septic system- 3396 Elm Creek Drive — Public Hearing Review Deadline Application Received: April 5, 2017 60-day Review Deadline: July 7, 2017 Summary of Request Michael Dykhoff (on behalf of owner Donald Dykhoff) has requested a variance to reduce the required 75 foot setback for an individual sewage treatment system (ISTS) from a wetland. The property is currently listed for sale and it was found that the existing system on the property is non -compliant. The applicant hired Rusty Olson's soil testing to design a replacement system, but most of the property appears to have been disturbed and would not support a mound system. The rear of the property would support a standard mound, but is less than 75 feet from an adjacent wetland. The subject property is located northeast of Elm Creek Drive, west of Hunter Drive. The property is zoned Rural Residential-1 (RR1) and is surrounded by other rural properties. The site is 1.91 acres in size and is almost entirely turf grass with the exception of the wetland in the very rear of the site. An aerial of the site can be found at the top of the following page. Analysis City Code Section 720.09, Subd. 5 requires that ISTS "tanks and soil treatment and dispersal areas shall be setback a minimum of 75 feet from wetlands." This requirement is a more restrictive standard which has been in place since at least 1999. State rules do not include a required wetland setback, although the required vertical separation from saturated soils acts as a practical setback. State rules do include a setback from lakes, streams, and public water wetlands (50-150 feet). The ISTS ordinance provides that a variance "may be granted provided that: 1. The granting of the variance is in harmony with the general purposes and intent of this Section, and is in in accordance with Minnesota Rules, Chapters 7080, 7081, and 7082. 2. The City Council determines that the applicant has established that there are practical difficulties in meeting the strict letter of this Section. 3. The condition causing the demonstrated difficulty is unique to the property and was not caused by the actions of applicant. 4. The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons in the vicinity." Donald Dykhoff Page 1 of 4 June 6, 2017 Septic Wetland Setback Variance City Council Meeting In granting a request for a variance, the City may attach such conditions as it deems necessary to conform to the purpose and intent of this Section and to protect the health, safety, and welfare. The applicant has submitted information from a septic designer who stated that they had conducted over 40 borings throughout the site. Other locations throughout the site have been previously excavated or filled, or do not otherwise provide 12-inches of separation to saturated soils. The proposed location would be within approximately 50-feet of the wetland at the corner of the treatment area. Approximately half of the treatment area would be more than 75 feet from the wetland. Donald Dykhoff Septic Wetland Setback Variance Page 2 of 4 June 6, 2017 City Council Meeting If the septic area could not be permitted as proposed, state rules would allow construction of a type III treatment area over the disturbed soils. This would include additional soil replacement and additional means in attempt to provide the same level of treatment. The City's building official reviewed the information and stated that, in their opinion, a type 1 system located 50 feet from a wetland would be more reliable than a type 3 system located further from the wetland. Assuming the system is fully functional, the septic system should not discharge water which would cause water quality concerns for the adjacent wetland. The additional wetland setback provides additional protections if the system is overloaded or begins to not work as well. The City's wetland protection ordinance is triggered by a variance application including disturbance within 100 feet of a wetland. Staff recommends establishment of an upland buffer as a condition of approval. This would involve planting native vegetation because currently turf grass is maintained right to the edge of the wetland. This upland buffer should provide water quality improvements which could be argued to help mitigate the reduced setback. Staff Recommendation Staff has reviewed the criteria described above for ISTS variances and has provided the following potential findings: 1. The granting of the variance is in harmony with the general purposes and intent of this Section, and is in in accordance with Minnesota Rules, Chapters 7080, 7081, and 7082. The 75 foot wetland setback is an additional standard beyond Minnesota Rules. Replacing the existing non -compliant system with a type 1 system is in harmony with the purpose and intent of the ISTS ordinance. 2. The City Council determines that the applicant has established that there are practical difficulties in meeting the strict letter of this Section. No other location on the site can accommodate a type I system, which would appear to be practical difficulty. 3. The condition causing the demonstrated difficulty is unique to the property and was not caused by the actions of applicant. Staff believes it is fairly unique for a site to be disturbed to the extent that the subject site has been. It appears that these impacts were in connection with development of the site in the 1970s and were not caused by the actions of the applicant. 4. The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons in the vicinity." Based on existing circumstances, it would appear that the variance is not contrary to the public interest because the type 1 system is expected to be more reliable, even if closer to the wetland. Donald Dykhoff Page 3 of 4 June 6, 2017 Septic Wetland Setback Variance City Council Meeting The City Council should hold a public hearing on the proposed variance and consider testimony received. Following the hearing, if the City Council concurs with the potential findings described above, staff would recommend approval subject to the following conditions: 1) The applicant shall establish an upland buffer with an average width of 20-feet from the wetland. The buffer shall include appropriate vegetation, signage and documentation to be approved by City staff. 2) The variance shall be valid for a period of one year following approval. Following such time, the approval shall expire and be considered null and void unless the City Council grants an extension. 3) The Applicant shall pay to the City a fee in an amount sufficient to pay for the costs associated with reviewing the variance and other relevant documents. Potential Council Action If the Council finds the variance criteria are met, the following motion would be in order: Move to direct staff to prepare a resolution granting a variance from the 75 foot wetland setback for an ISTS subject to the conditions noted in the staff report. Attachments 1. Document List 2. Applicant narrative 3. Proposed septic design Donald Dykhoff Page 4 of 4 June 6, 2017 Septic Wetland Setback Variance City Council Meeting Project: LR-17-203 — Dykhoff Variance The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 5/8/2017 5/8/2017 3 Application Y Fee 5/8/2017 5/5/2017 1 Deposit Y $1000 Narrative 5/8/2017 N/A 1 Narrative Y Labels 5/8/2017 N/A 5 Labels Y Septic Design 5/8/2017 5/1/2017 1 Septic Design Y Power of Attorney 5/8/2017 4/29/2011 8 Yes Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 5/25/2017 1 Legal Comments Legal Notice 5/26/2017 4 Notice 9 pages with labels Public Comments Document Date Electronic Notes To whom it may concern: am requesting to reduce required 75ft setback requirements form wetland for a Level 1 Septic System. The absorption area is greater than 50 ft but less than 75 ft from the wetland. The practical difficulty is the proposed septic system is the only site on the lot for a type 1 septic system. Thank you, Mike Dykhoff Joseph Olson D.B.A. Rusty Olson's--Soil and Percolation Testing Joseph J. Olson--NIPCA License # 810 1.1481 Riverview Rd. NE, Hanover, ANI 55341 (763) 498-8779 Fax (763) 498-8290 May 1. 2017 Donald Dykhoff 3396 Elm Creek Drive Medina, Hennepin County This on -site Sewage 'Treatment System is designed for a Type 1 four -bedroom home in accordance with the Minnesota Pollution Control :Agency Chapter 7080 and local ordinances. The periodically saturated soils were located at 12-16 inches (mottled soil). Due to the periodically saturated soils, a pressurized mound system with 6 inches of rock will need to be installed to treat the septic effluent. The bottom of the treatment area must be located at least 3' above the saturated soils. This system is designed with 6 inches of rock. A variance will be needed to be closer than 75 feet from the wetland. The absorption area is greater than 50 feet but less than 75 feet from the wetland. The proposed septic system is the only site on the lot for a type I septic system. The other area on the site has been filled, excavated or less than 12 inches to the periodically saturated soils. The Is at a depth of 12" have a percolation rate averaging 13 MPI. The existinz septic system does not conform to the state code chapter 7080. The existing septic tanks must be abandoned. A new 2250 gallon septic tanks u be installed. All tanks need to be insulated if there is less than two feet of cover over the top of the tanks. Clean outs must be installed on the end of the laterals for maintenance. A 1000 gallon pumping chamber will need to be installed to lift the effluent to the treatment area. The power supply and switches must be located outside the manhole and pumping chamber in a weatherproof enclosure. A warning device must be installed with light and sound devices; this is in case of a pump failure. A flow measurement device must be installed. Including but not limited to a water meter, event counter, running time clocks or electronically controlled dosing,. Nothing, other than gray water. (laundry, showers, etc.) Human water and toilet tissue should be disposed of into the septic tanks. Garbage disposals are not recommended. Additives must not be used: they may cause harmful damage to your septic system. It is recommended that You pump the tanks every two Years. Joseph J. Olson CD CO -46k)(E_-‘4".1 EX,570.44 e*" 6,3i, r*. Ot.L.L. it '4 lwh 4-R.; 342_56 rb4 PF Uop.) " lat40 .d 50.1 nioe Slit 4: Mk •traltmAgreigkt ? 4 34.011110-Ntlia-fitta SiEIVEligAiithAE MOUND SYS1 CM DESIGN type Bedroom, Average percolation tate Lq,._ gal/day ;01 of treatment area _3bv (11.0 ft. width --zat"_ ft. length ca bed :area Side slope rur44--. to t. x _1 _height x 2,(,- ft. tam; area. Clean rock needeci plus 20%(' __cu.yds_ Coarse washed san Sandy loam fopsoil 6-. r.u.yds. plus 50% Number of tanks _ tank 2'1 tank Pump chamber capacity 1(.)01)gals.. -;_:1_.gc3k. /100 lineal feet of c2__" dki. Supply pipe, lineal feet needed j:g._3_ /_ _ Disiribution pipe tt 1'1'9lineal feet _ dia. Perforations " apart float set al eats., tittles per day Pomp curve 3F__l min. 5- feet bead pressure. 41:AiS Auti:Lv..v.i,.. ipPttr nts 0,u-ir LE Ciao to Twin- tom arAtor,t-it- »MIR Magi. son. 130(IING ELEVATIONS Bum= System must be: Tank_LQ- *awn proriady !Inas .5-4) from *elle „LA. *from tacks. Treatment area - 6 from Mesa v; cis. Average sand depth P. TfilltiliteClt *Mt ja,t from Overly IRO$ 4-0 6 ttatp weV2 to from tifdcm mil EL. 0 Tate2 at- -1.8:.» Tik#3 - 9 rv) 111.#4 et. - .115, EL 46 EL PROPERTY:Viv;NLIL. DY m tyetil< RA:E.; _ Date: Fr ijj Ph- 763-498-8779 2011 purple code Mound Design www.SeplicResource.com (vers 15.2) Property Owner: Donald Dykhoff Site Address: 3396 Elm Creek Drive Comments: instructions: �3 iU) 161 4 600 Yes 2250 1.2 10.0 3.0 Date: 5/1/2017 PID: 1211823340007 = enter data bedroom Type GPD design flow Garbage disposal or pumped to septic Gal Septic tank (code minimum) 1 GPD/ft2 mound sand loading rate ft rockbed width I 50.0 ft lateral spacing 3.0 3 'laterals 48.0 feet long 1 /4" inch perfs at = adjust if desired Residential System = computer calculated - DO NOT CHANGE! 50% larger tank with multiple comp/tanks 2250 Gal Septic tank (design size / LUG req'd) Tank options: none contour Loading rate of ft rockbed length 12 req's a min ft perforation spacing (maximum of 3 for both) manifold connection end feed 17.0 perfs / lateral 51 perfs total, 50 ft. long rockbed (1 /2 a perf means the first perf starts at the middle feed manifold) feet residual head gives 0.74 gpm flow rate per perforation for this perf size & spacing, & pipe size on line 12, max perfs/lateral = 4.0 150 2.00 doses per day ( 4 minimum) gallons per dose (treatment volume) inch diameter laterals must be used to meet "4x pipe volume" requirement feet of 2.0 inch supply line leads to 31 181 gallons TOTAL pump out volume (treatment + drainback) 500 feet vertical lift from pump to mound laterals, leads to a: ine #8 must be less --> 2.00 5x 2.00 3x gallons of drainback volume (Tip: "top feed" manifold to control the drainback) GPM ` 25 feet of head, Pump requirement (note: >50gpm may require an extra 3-6' of head) gal Dose tank (code minimum) leads to a I7.2 inch swing on Demand float, or timed dosing of this delivers Average flow, =70% of Peak design flow )9) 12 inches from bottom of tank to "Pump OFF" float .2_; 19 inches from bottom of tank to "Pump ON" float, or a;) 22 inches from bottom of tank to "Hi Level" float, or 1000 450 gal Dose tank (design size / LUG req'd) min ON hrs OFF at 25.00 gpi (confirm pump rate with drawdown test and adjust as necessary) inches to "Timer ON" float if time dosed inches to "Hi Level" float if time dosed gallons reserve capacity (after High Level Alarm is activated) as, 29 3 30) 0.45 Igpd/ft2 Absorption- area Soil Loading Rate, (this must match the soil boring log) Mpercen;t site slope (0-20% range) 12 24 inches, or 1.0 10 which gives a mound ratio of desired mound ratio minimum) (% downslope site slope, if different than upslope) ft. to Redox or other limiting condition (need at least 12" to be a Type I) Treatment zone contains inch, or 0 inches of 0% soil credit, and 0 inches of 50% soil credit. Giving a: 2.0 ift. Sand Lift Mound CRITICAL FOR FUTURE CERTIFICATIONS!!! 27.0ft.Total ABSORPTION width (with sand beyond rockbed as follows:) ft. upslope and sideslope ft. Downslope Individual slope ratios give BERM widths (topsoil beyond rockbed) of: upslope ratio 11 ft. upslope berm sideslope 13 ft. sideslope berms downslope 28 eft. downslope berm Overall Dimensions: 0.0 17.0 ft. wide by ft. wide by 50.0 76 ft. long Rock bed ft. long Mound footprint 4" inspection pipe 18" cover on top Nate: For 0 to 1% slopes, Absorption Width is measured from the Bedequally in both directions. For slopes > 1 %, Absorption Width is measured downhill from the upslope edge of the Bed. Rock Bed: 10.0 ft. by 50.0 Ift. by I 6 inches under pipe, plus 20% gives 17 ye or *1.4= 24 ton Mound Sand: (note: volume is based on 3:1/4:1 slope from top of rockbed, Exchange sand for loamy cap if desired) up 186.0 downslope 11.4 ends + 38.9 under rock = 203 ye or `1.4= 284 ton plus 20% 33.0 35; Loamy Cap: f 45 ft. b Topsoil: 49 ft. by 76 . 6" deep, plus 2096 gives 6" deep, plus 20% gives 72 83 ye or *1.4= ye or `1.4= 101 116 ton ton I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. _.._ Rusty olson's Soil Et Perc 810 esi;ner Signature Company 5/1/2017 License# Date if time dosing is required --> 19 inches from bottom of tank to "pump ON" float, or 22 inches from bottom of tank to "Hi Level Alarm" or 183 ift. 24 inch, or . wide by 3 laterals 1 /4" inch perfs I 27.0 2.0 2,0 50.0 2.00 3.0 inch supply lin€ with ft. Sand Lift Mound ft. long Rock bed inch diameter ft. perforation spacing t fitter Es alarm clear, out a valve box assemblies ft.Totat sand ABSORPTION width (minimum) 0.0 17.0 end feed 48.0 Installer summary 33 12250 igallon Septic tank (minimum) 11000 gallon Dose tank (minimum) Tank options: none tux Barger tanK wren muurpre comp/ ldnKS at 25.00 gpi GPM 25 ft. of head, Pump required inch swing on Demand float which translates to roughly 4.6 inches of float tether length minutes ON time is 9 hours OFF time inches to "timer ON" float inches to "Hi level alarm" if time dosed manifold connection (Tip: "top feed" manifold to control drainback) ft. long 3.0 ft. lateral spacing ft. upslope and sideslope (sand beyond rockbed, minimum) ft. Downslope isand ,c,c;toeci,,,. , L;: Specific slope ratios give BERM widths (topsoil beyond rockbed) of: jr-73:(upslope ratio 11 ft. upslope berm 3:1 jsidestope t. sideslope berms downstope t. downslope berm fl pslope be t 4" inspection pipe 8" cover on top 11 2,0 dean sand lift L Absorption Width 1.0 Downslope ber Note: For 0 to 1 ro slopes, Absorption For slopes > 1 %, Absorption Wia Rock Bed: Mound Sand: Loamy Cap: Topsoil: 17.0 203 72 83 yd3 or *1.4= yd3 or *1.4= yd3 or 1.4= yd3 or *1.4= 27.0 28 12" cover on sides (6" loamy cap &. 6" topsoil) Width is measured from the Bedequally in both directions. his measured downhill from the upslope edge of the Bed. 24 284 101 116 ton 6 inches under pipe ton catculation based on 3:1 /4:1 slope from top of rockbe+ ton b" deep ton 6" deep f INSPECTOR CHECKLIST - mound 3.396 t:m Lreek urine WELL setbacks: 20' to pressure tested sewer line (5 psi for 15 min) 50' to everything 100' to dispersal area with shallow well PROPERTY LINES setback: 10' to everything Roar: setback: platted: 10' prop lire. Metes Ft bounds: out of road easement, or outer ditch. LAKE:.- BLI.Ti= setback: 20' for bluff. Lakes: GD RD _, NE . Protected wetland _. Bui€din__ setbacks: 10' for everything, 20' for dispersal area. kVA1TER LINE under pressur10' to bed,tank @ sewer line. (else sewer line > 12" below) L Sewer line Et baffle connection (no 90's, 3' between 45's, slope min 1" in 8', max 2" in 8') (no depth req's, clean out every 100', Sch 40 pipe) t~ u P Septic tank and risers (water tight, insulated, proper depth, existing verified by pumping) mfg 2250 gallons none Riser over outlet, riser over inlet or center, and 6"+ inspection, pipe over any remaining baffles. No effluent filter a alarm Dose tank risers and piping (water tight, insulated, proper depth, drainback) mfg 1000 gallons dose pump 38 gpm 25 head VERIFY PUMP CURVE 4.8 min ON 9 hr OFF float setting drop 7.2 inches at 25.0 gpi "DESIGNED" 4.6 inches approx float tether length 181.0 gal dose divided by gpi "INSTALLED" = inches float drop (field corrected LABEL pump requirements and drawdown on riser or panel Cam lock, reachable from grade - 30" max. J-hook weep hole. Supply line access (no hard 90's) 2.0 inch supply pipe: Sch40, sloped 1 /8"+, supported by 4" sch40 sleeve or compacted, and buried 6"+. splice box / control panel / electrical connections flow measurement: CT, ETM, time dosed, home water meter mound absorption area rough Up mound rock dimensions 10.0 X 50.0 Sand lift depth 24 inches. (Jar test : 2" sand leaves < 1/8" silt after 30 min) Absorption Sand beyond rock 0.0 upslope 17.0 downstope Bermed topsoil beyond rockbed 11 upstope 13 sideslope 28 downslope cover depth of 12-18"+ VERIFY 3 laterals (1-2' from edge of rock) 2.00 inch pipe size (Sch40 pipe & fittings) 3.0 ft lateral spacing 1/4" inch perforations 3.0 ft perforation spacing Air inlet at end of laterals, and at top feed manifold if necessary. VERIFY clean outs (no hard 90's) 4" inspection pipe to bottom of rock, anchored VERIFY Abandon existing system - if necessary Re -use existing tank certification monitoring plan and type well abandonment form - if necessary womq Nuei mu! apeie 4uei dwnd (pat, 1mi ado(vIn le) imHs Wag I adoisdn le) apeja 170.1 =nog pawl deo /sumo' itsAHS - wolloq pit)! ape* womq Nuel law! ape,i0 Mdde 1!) 3luel 7t d opdas punovsi Rit 7trg\trel 7 : ViANSTMI, Actr-4,*.KAI adk1 apei9 asnoy Sumxa ad!d JahlaS (•aJay paquosap pue umoq s ad mous pailsop si apei2 ieug lualamp Tuilspfe ale suogenata apeJD) lieuftpuaq suoileAa13 walsAs Percolation Test Data Sheet Lic.#810 Percolating test readings made by: Rusty Olson's Pero, starting at 9:20 A.M. On 4/30/17 Location: 3396 Elm Creek Drive Hole number: 1 Date hole was prepared: 4/29/17 Depth of hole bottom _12" Soii data from test hole: Depth, inches 0-4 4-8 8-12 inches, Diameter of hole _6"'_ inches. Soil texture Topsoil 10yr4/2 Clay Loam 10yr4/3 Clay Loam 10yr5/4 Method of scratching side wall: Knife Depth of gravel in bottom of hole 2 inches: Date of initial water filling 4/29/17 depth of initial water filling 12 inches above the hole bottom Method used to maintain at least 12 inches of water depth in hole for at least 4 hours Automatic Siphon Maximum water depth above hole bottom during tests 6 inches Time Time Depth Drop in H2O Perc Rate 9:32 10:05 10:36 10:02 6" 10:35 6" 11:06 6" 1.7 1.6 1,6 17.6 18.7 8.7 AVERAGE PERC. RATE 18.3 MPI Percolation Test Data Sheet Lic.##810 Percolating test readings made by: Rusty Olson's Perc. starting at 9:20 A.M. On 4/30/17 Location: 3396 Elm Creek Drive Hole number: 2 Date hole was prepared: 4/29/17 Depth of hole bottom _12"_ inches, Diameter of hole 6" inches. Soil data from test hole: Depth, inches Soil texture 0-4 Topsoil 10yr4/2 4-8 Clay Loam 10yr4/3 8-12 Clay Loam 10yr5/4 Method of scratching side wall: Knife Depth of gravel in bottom of hole 2 inches: Date of initial water filling 4/29/17 depth of initial water filling 12 inches above the hole bottom Method used to maintain at least 12 inches of water depth in hole for at least 4 hours Automatic Siphon Maximum water depth above hole bottom during tests 6 inches Time Time Depth Drop in H2O Pero Rate 9:33 10:03 6" 10:04 10:34 6" 10:37 11:07 6" 3.7 3.6 3.5 8.1 8.3 8.6 AVERAGE PERC, RATE 8.3 MPI Soil Observation Log v.At ,N.SepticResource.co ers 12.4 Owner Information Property Darner ' project: Donald Dykhoff Property Address PID: 3396 Elm Creek Drive Date 4/28/2017 Soil Surc•ey Information refer to attached soil survey Parent matl'S. 9 'shape posttion: ot, s rvey zap u ✓.j Till D outwash E Lacustrine 1 I Alluvium ; Organic "Summit 1...j Shoulder I_J Side slope C Toe slope -slope 10 % direction- Linear LZ7t.7 frock Soil Log #1 Boring IT Pit Elevation Depth (in} Texture framnent % matrix color 98.0 Depth to SHWT consistence 14 inches redox color grade shape 0-4 Topsoil <35 10yr4 2 Loose Loose Single grain 4-8 Clays I:oam <35 10yr4 3 Friable Strom, Blocky 8-I4 Clay Loam •<35 10yr5:4 Friable Strong Blocky I4-14 Clay Loam <35 10yr5'4 10y4 8.1-6'10y Firm Strong Blocky ,,j35 35 - 50 >50 loose friable firm rigid loose weak moderate strong sine;e grain 2:a❑u1ar blocky prismatic platy massive Comments; 3396 Elm Creek Drive Soil Log #2 Boring Pit Depth i n) Texture fragment % 0-4 Topsoil <35 Elevation 98.0 Depth to SHWT 12 inches matrix color redox color consistence grade shape 10yr4 2 Loose Loose Jinde asain 4-8 Clay. Loam <35 10Fr4.- 3 Friable Strong Block} 8-12 Clay. Loam <35 1OyT5' Friable Strong ??-34 Clay. Loam <35 10yr5F4 10y4/8,1-6 1Oy Firm Strong Blocky 13396 El tn Creek Drive J; Boring Pit Depth (in) Texture fragment °i° 0-8 Topsoil Soil Log #3 Elevation 95.9 Depth to SHW,'T 16 inches matrix color redox color consistence grade shape 10yr4/2 Loose Loose Single ain 8-16 Clay, Loam <35 1 Ovr4/3 Friable Strong. Blocky 16-24 Clay Loam <35 1 Oyr514 10y4 8,1-6 l 0y Firm 1 Strong Blocky <35 35 - 50 >50 <35 35-50 >50 loose loose friable weak firm moderate rig,id strong. loose loose friable weak firm moderate rigid strong this work was complete- in accordance with ,1 _" 7080 and any local req's. gnature sinele ttrain granular bhekv prismatic platy single grain granular blocky prismatic platy massive Rusty Olson's Soil & Perc. 810 Company License r Agenda Item # 8E MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: May 31, 2017 MEETING: June 6, 2017 City Council SUBJ: Robin Johnson — Conditional Use Permit for Accessory Dwelling Unit and Larger Accessory Structure — 1325 Tamarack Drive Review Deadline Application Received: April 5, 2017 120-day Review Deadline: August 3, 2017 Summary of Request Robin Johnson has requested a conditional use permit for an accessory dwelling unit (ADU) and accessory structures with an aggregate footprint in excess of 5000 square feet at her property at 1325 Tamarack Drive. The subject site is approximately 22.5 acres in size and zoned rural residential. The property is located west of Tamarack Drive, just north of the City boundary. Currently, the property contains two structures. A small dwelling is located within the 3600 square foot building in the north central portion of the site. A newly constructed 3456 square feet barn is located to the south and east of the structure containing the dwelling. Technically, the existing building containing the small dwelling is currently the principal use on the property. The applicant proposes to construct a new home on the property, which would become the principal use. Upon construction of the new home, the existing structure containing the small dwelling would become an accessory structure. The applicant designed the small structure so it could comply with the City's requirements for an ADU so that it could be maintained as a guest house after the new home is constructed. The subject site is located west of Tamarack Drive, south of Deerhill Road. The site is predominantly grassland with a number of wetlands scattered around the property. The structures on the property are difficult to see from Tamarack Drive as a result of topography and existing coniferous trees. Two rural residential homes are located to the southeast, Fortuna Farms commercial horse facility is located to the north, Spring Hill Golf Club to the east, and Wolsfeld Woods to the west. An aerial of the site can be found at the top of the following page. This request is a little uncommon, since one of the structures is being "converted" into an accessory structure through the construction of a new home on the site. Generally, the City would be reviewing construction of the accessory structure prior to its construction. In this case, the review will be to confirm that existing improvements conform with the requirements. Robin Johnson Page 1 of 7 June 6, 2017 CUP for Accessory Structure and Dwelling Unit City Council Meeting CUP for Accessory Structures in Excess of 5000 s.f. According to Section 825.19 of the City Code, properties over 5 acres in size are permitted to include a maximum of two accessory structures with a maximum aggregate footprint of 5000 s.f. Accessory structures which exceed these limitations are conditional uses subject to the following additional standards described in Section 826.98: (i) The accessory building's design shall include architectural interest through the appropriate use of the following elements: cupolas, dormers, windows, porches, overhangs, varied building foundation, or other design treatments which the city council determines create a quality architectural design that enhances the appearance of the accessory building and complements the principal dwelling and the rural residential character or residential neighborhood in which the building is to be constructed; (ii) At least two colors or textures shall be used in the accessory building's exterior design, including contrasting trim or fascia; (iii) Any metal exterior materials on the accessory building shall be warranted to resist fading for a period of at least 15 years; and (iv) The accessory building shall have an infiltration basin, rain garden, rain barrel or other similar best management practice used to capture storm water runoff from the building Robin Johnson Page 2 of 7 June 6, 2017 CUP for Accessory Structure and Dwelling Unit City Council Meeting and to improve water quality. Said best management practice must be reviewed and approved by the city council. Photos of the existing structures are attached. Staff believes that the new barn is consistent with the architectural standards, since it includes a fair amount of windows and also cupolas and overhangs. The materials are predominantly red metal, but include some wooden areas. The overhangs and roof are a different color. The building containing the accessory dwelling unit includes shake siding with white trim, frames and doors. The structure includes some windows. The proposed home on the property will have wood siding, sharing a similar material with this structure. Although this structure does not include as many architectural features as the barn, these elements were not required upon its construction because it was the only accessory structure on the property at the time. The final condition requires a stormwater improvement to be incorporated. The applicant desires to design this improvement in connection with the new home on the property. Staff believes this makes sense, since more grading will be undertaken in connection with the home. Staff recommends this as a condition of approval. CUP Standards for Accessory Dwelling Units An ADU is an allowed conditional use within the Rural Residential zoning district, subject to the following review criteria (City Code Section 826.98). Staff has provided potential findings for each in italics. (i) No more than one accessory dwelling unit shall be located on a property. No accessory dwelling unit shall be permitted upon a property on which a lodging room or a second residential dwelling is located; The proposed ADU would be the only one on the property. (ii) Accessory dwelling units within the SR (Suburban Residential), UR (Urban Residential), R1 (Single -Family Residential) or R2 (Two -Family Residential) zoning districts shall be attached to the principal single family structure; The property is zoned Rural Residential, so an ADU is permitted in an accessory structure. (iii) The lot shall contain an existing single-family dwelling unit; The applicant is proposing to construct a single-family dwelling. In the meantime, the proposed ADU is actually serving as the principal single-family home. Staff recommends a condition that the ADU becomes effective upon issuance of a Certificate of Occupancy for the home. (iv) The habitable area of the accessory dwelling unit shall not exceed the lesser of the following: 1) 750 square feet for a one -bedroom unit; 2) 1,000 square feet for a two -bedroom unit; or 3) 40 percent of the habitable area of the principal single-family dwelling; The habitable area of the ADU is 468 square feet (of a total 720 square feet), meeting this threshold. Robin Johnson Page 3 of 7 June 6, 2017 CUP for Accessory Structure and Dwelling Unit City Council Meeting (v) The accessory dwelling unit shall contain a minimum of 300 square feet of habitable space; The habitable area of the ADU is 468 square feet. (vi) The accessory dwelling unit shall contain no more than two bedrooms; The ADU contains one bedroom. (vii) A minimum of one off-street parking space shall be provided per bedroom for the accessory dwelling unit. Such parking spaces shall not interfere with accessing the required garage spaces for the principal single-family dwelling; The ADU is proposed within a building that includes a large area for parking vehicles. There is also adequate space outside of the structure to park vehicles. (viii) No separate driveway or curb cut shall be permitted to serve the accessory dwelling unit; No separated curb cut is proposed. (ix) No accessory dwelling unit shall be sold or conveyed separately from the principal single- family dwelling; This is an on -going requirement, which staff recommends as a condition if approved. (x) The property owner shall occupy either the principal single-family dwelling or the accessory dwelling unit as their primary residence; This is an on -going requirement, which staff recommends as a condition if approved. (xi) If the accessory dwelling unit is located within a structure detached from the principal single-family dwelling, the architectural design and building materials shall be of the same or higher quality and shall complement the single-family dwelling. Additionally, the structure shall meet the setback requirements of the principal structure and shall count towards the maximum number and building size of accessory structures permitted on a property; The structure containing the ADU includes shake siding and an asphalt roof. The new home on the property is proposed to include wood or fiber -cement lap siding. The materials will be generally similar. The structure is 150 feet from the northern property line. The applicant has also requested a CUP to maintain over 5000 square feet of accessory buildings, which was discussed previously. (xii) Adequate utility services shall be available to serve the accessory dwelling unit. This shall include adequate capacity within individual sewage treatment systems for both the principal single family dwelling and the accessory dwelling, where applicable. The existing structure has access to utilities and is served with an existing septic system. The system was found to conform to current regulations when the dwelling was built in 2016. (xiii) Any exterior stairway which accesses an accessory dwelling unit above the first floor shall be located in a way to minimize visibility from the street and, to the extent possible, from neighboring property. Such stairway shall incorporate a deck a minimum of 27 square feet in area; No exterior stairway is proposed. Robin Johnson Page 4 of 7 June 6, 2017 CUP for Accessory Structure and Dwelling Unit City Council Meeting (xiv) The City Council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the single-family residential character of the surrounding area. A copy of the resolution approving an accessory dwelling unit and describing the conditions, restrictions and limitations on the use shall be recorded against the property. The Planning Commission and City Council may wish to discuss any additional limitations which are deemed appropriate. General Conditional Use Permit Standards In addition to the specific standards for both the accessory structures and the accessory dwelling unit noted above, the Planning Commission and City Council are to consider the following general criteria when reviewing all CUPS (City Code Section 825.39): 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. Staff does not believe the aggregate size of the accessory structure or the ADU will be injurious to the use or enjoyment of other property nor will the CUP impair property values. 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. Staff does not believe the accessory structures or the accessory dwelling unit will impede the normal and orderly development of surrounding vacant property. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. Staff believes adequate utilities, roads and other facilities are provided. As noted above, the applicant will be required to provide stormwater management as a condition of approval. The CUP and the reconstruction of the home on the property also triggers the City's wetland protection ordinance, and staff recommends a condition requiring appropriate easements, plantings, and signage. Staff also recommends a condition that the applicant implement a manure management plan to protect water quality. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Staff believes adequate parking exists. 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. Staff does not believe an accessory dwelling structure would bring up these concerns, as they are more relevant for commercial uses. 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. The proposed uses are listed as allowed conditional uses. Robin Johnson Page 5 of 7 June 6, 2017 CUP for Accessory Structure and Dwelling Unit City Council Meeting 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. Staff believes accessory structures and accessory dwelling units are consistent with the purposes of the zoning code and the RR zoning district. 8. The use is not in conflict with the policies of the City. Staff does not believe the proposed use is in conflict with the policies of the City. 9. The use will not cause traffic hazard or congestion. Staff does not believe the CUP would cause traffic or congestion concerns. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff does not believe the use would cause these concerns. 11. The developer shall submit a time schedule for completion of the project. The applicant intends to construct the new home later this year. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The City Attorney has not requested additional documentation with regards to ownership at this time. Planning Commission Recommendation When reviewing a conditional use permit request, the Planning Commission and City Council should review the specific and general criteria described above. If the criteria are met, the CUP should be approved. As described in Section 825.41 of the City Code: "In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified in this Ordinance, additional conditions which the City Council considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited, to the following: 1. Increasing the required lot size or yard dimensions. 2. Limiting the height, size or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. 5. Increasing the number of required off-street parking spaces. 6. Limiting the number, size, location or lighting of signs. 7. Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space." Staff has provided potential findings for the criteria throughout the report. The Planning Commission held a Public Hearing on the application at their May 9 meeting. An excerpt from the draft meeting minutes is attached for reference. Robin Johnson Page 6 of 7 June 6, 2017 CUP for Accessory Structure and Dwelling Unit City Council Meeting No members of the public provided comment during the public hearing. Following a brief discussion, the Planning Commission unanimously recommended approval of the CUP for an accessory dwelling unit and accessory structures in excess of 5,000 s.f. subject to the following conditions: 1) This conditional use permit shall be contingent upon construction of a new single-family home on the Property. 2) The single-family dwelling and accessory dwelling unit may not be conveyed separately and shall at all times be under common ownership. 3) The property owner shall occupy either the principal single-family dwelling or the accessory dwelling unit as their primary residence. 4) The applicant shall install stormwater management sufficient to treat a minimum of 2056 square feet of impervious surfaces. The design of the improvement(s) shall be approved by the City Engineer and the improvement shall be completed prior to a certificate of occupancy being granted for the new home proposed upon the Property. The applicant shall memorialize the requirement that they and their successors in title maintain the improvement(s) in a form acceptable to the City Attorney. 5) The applicant shall meet the requirements of the wetland protection ordinance, including provisions for recordation of easements, planting of appropriate vegetation and installation of required signs. 6) The applicant shall implement a manure management plan to protect surface and ground water. The property owner shall manage manure consistent with the plan, which shall be reviewed periodically by City staff. 7) The property owner shall abide by all conditions of Medina City Code Section 826.98, Subd. 2(p). 8) The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for Conditional Use Permit. Attachments 1. Document List 2. Excerpt from DRAFT 5/9/2017 Planning Commission minutes 3. Applicant narrative 4. Photos of existing structures (from applicant) 5. Floorplan of existing dwelling (to become ADU) 6. Septic Information for ADU 7. Site Plan Robin Johnson Page 7 of 7 June 6, 2017 CUP for Accessory Structure and Dwelling Unit City Council Meeting Project: LR-17-199 —Johnson CUP 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 04/05/2017 04/05/2017 3 Application Y Fee 04/05/2017 04/05/2017 1 Deposit Y $1000 Narrative 04/05/2017 N/A 1 Narrative Y Labels 04/05/2017 03/29/2017 5 Labels Y Survey 04/05/2017 8/19/2016 1 Survey Y Survey — Updated 4/6/2017 8/19/2016 1 Survey-Updated04-06-2017 N House Location added Photos 5/1/2017 NA 5 Yes N Warranty Information 5/3/2017 N/A 1 Septic Information 4/5/2017 8/13/2016 1 Floor Plan 4/5/2017 NA 1 Floorplan Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 4/18/2017 1 Legal Comments Engineering Comments 4/12/2017 1 Eng Comments Legal Notice 4/28/2017 5 N 18 pages w/ attachments Legal Notice — Updated 4/29/2017 1 Y Planning Commission report 5/2/2017 7 Y 16 pages w/ attachments City Council report 5/31/2017 7 Public Comments Document Date Electronic Notes Planning Commission minutes 5/9/2017 Medina Planning Commission Excerpt from DRAFT 5/9/2017 Meeting Minutes Public Hearing — Robin Johnson — Conditional Use Permit Request for an Accessory Dwelling Unit and Accessory Structures in Excess of 5,000 Square Feet at 1325 Tamarack Drive Finke presented a request for a Conditional Use Permit (CUP), noting that it is actually two requests. He stated that the first is having accessory structures in excess of 5,000 square feet and the second for an accessory dwelling unit. He noted that the request is unique as the applicant is going to build a single-family home and the existing structures would then become the accessory structures therefore the applicant is asking for the necessary approvals before moving forward. He provided background information on the existing accessory structures existing on the parcel, noting that the accessory dwelling structure would be used while the applicants build a new single family home. He noted that currently the proposed accessory dwelling structure is the main dwelling accessory structure on the property. He reviewed the adjacent parcels uses and displayed an older aerial photograph. He noted that the previous home has been demolished. He stated that there are specific standards used to review the elements of a CUP and briefly reviewed those elements and how they apply to the request. He stated that staff does recommend approval subject to the conditions noted in the staff report. Robin Johnson, 1325 Tamarack Drive, stated that she and her partner are happy to be in the position to open the barn. She stated that they are planning to be a very small animal sanctuary for abused and neglected animals. She noted that the accessory structure would be used for their mothers to stay when they come visit and the other barn would be used for the animals. White opened the public hearing at 7:18 p.m. No comments made. White closed the public hearing at 7:18 p.m. Reid stated that it is pretty clear that the applicant meets all the conditions for both CUP requests. Albers asked the number of animals that the applicants would be able to have on the property. Finke replied that there is no request to exceed the general standards for animal units on the property and therefore the manure condition is just applied for these types of uses. He stated that the applicant would have approximately 15 grazable acres. Ms. Johnson replied that there are seven stalls in the barn. DesLauriers referenced condition three in the staff report which addresses the primary residence. He asked what would happen if the applicant's primary residence was in Florida and live at this property in the summer. Finke stated that is the requirement language for dwelling units. He noted that even if the applicant spent six months and one day at this dwelling that would quality as the primary residence. Motion by Murrin, seconded by Albers, to recommend approval of the Conditional Use Permit for an accessory dwelling unit and accessory structures in excess of 5,000 square feet at 1325 Tamarack Drive subject to the conditions noted in the staff report. Motion carries unanimously. (Absent: Rengel) 1 Current Accessory Dwelling at 1325 Tamarack Drive Hello, we currently have a 3000 square foot building which we have converted 720 square feet to a one bedroom apartment. The apartment consists of a open living space with a kitchenette, one bedroom that will fit a full sized bed , a closet with a stacked washer and dryer, and a bathroom with a tub/shower. we will be using this apartment while we wait for our home to be built. After we move into our house, our plan is to just have this space for an occasional guest, or perhaps an aging parent. It is a beautiful building and apartment that we hope will add value to the neighboring homes. Thank you, Robin Johnson 3". • i3D5 -rAmAV,PcCa p«e55of 1/4-/1 Stu c--1-.f-e Dv o p�' 4-2 V l 6T our \fie 50 So 1 Volicenant lnc. Established in 1988 1030 County Road 83 Maple ' ='n, Minnesota 55359 August 13, 2016 We have been retained by Caldwell Banker Burnet Realty to do a conformance inspection on the property at 43-24ckpin the city of Medina. There are two systems on this property but we were only asked to the system that services the Barn/Garage as it is called by the city. In obtaining a copy of the original design from the city they informed us that this system never had a final inspection by them, therefore they requested additional testing to be done along with the conformance inspection. The system that was installed consists of the following components. One 1000-gallon septic tank. One 1000-gallon pump tank with pump, float control and an alarm system A Mound type drainfield with a 6.5 foot by 21 foot rock bed A test through the inspection pipe of the mound indicated there is 1 foot 4 inches of sand under the middle of the mound. A boring was done 6 feet uphill from the toe of the mound and redox soils were encountered at a depth of 32 inches below the surface. We tested the pump and control switch, along with the alarm, and they are working properly. In referencing the original approved design it appears that this system was installed as per plan at that time. If I can be of any further assistance please feel free to contact me. Respectfully Bob Volli'enant 612-518-0745 b1 7 z N fEFST01' E 1330.51 1 WEST LINE OF SE 1M, NW iM, SEC. 26-118-23 MET Lean Al GLIaICATnt SY ISG n` �,\ \\ MET UINP AN \ '1 C[uwwrco SY ISG \ i 1227.4 WETLAND AS G@llN[ATED �1141 GAS TEN LLC PARCEL NPBA PROPERTIES LLC l PARCEL' gl < i SOUTH SINE OF NORTH 1,2, SE 114, NW 1M, SEC. 26-116-23 NORTH LINE OF SOUTH 12, SE 1M, NW 1/4, SEC.26-118-23 Wa7LN1®AS OLLWIAILG DYING SOUTH UNE OF NORTH 163.7 FT ..; OF NORTH 1/2, SE 1/4, NW 1/4, SEC. 26-115-23 Location of ADU 11 ( WV LANG AS ') GFUNIATED VYING at'4127' E 333-27 WEST LINE OF EAST 711 FT OF SOUTH 1/2, SE 1/4, NW 1/4 SEC, 26-118-23 SOUTH LINE OF SE 114.._. NW 1M, SEC. 28-118-23 A EAST LINE OF SE 114... NW 114, SEC. 26-118-23• grlitovEP 5.25 N 89-4T15' E 376,2a 378.00 WEST LINE OF EAST 378 FT OF SOUTH 112. SE 1/4, MN /PI SEC. 26-118-23 NORTH LINE OF scnrr 1338 FT .. OF SOUTH 1/2, SE 1/4, NW 1At SEC. 26-118-23 711.013 33 133 43.al 33.03 33 33 !tt �a C) a r- CERTIFICATE OF SURVEY FOR GAS TEN L L C, AND NPBA PROPERTIES L L C IN THE SE 1/4 OF THE NW 1/4 OF SECTION 26-118-23 HENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OF PREMISES SURVEYED: GAS TENJIG_EA.BCEL That part of the North Hat of to Southeast Sudsier of the Northwest Ouster 9f Sedbrl 26, Township 118 North, Rants 23 West of the sac Principal Meriden, lying route of the North 163.7 feet of said Not/ Hail of Mn Southeast Gums' of the NMhwest Chewier. ALSO That pot of tee South He of mild Southeast Ouster of the Northwest Quarter lying. North of IM South 3381est thereof and West of the Eat 378 lest thereof; _NMA PROvERIES I t r_ dARCEL That tot of the South 335 fest of Its Satoh Hat of the SauQuaat Quarter of the Northwest Quarter of Sa tion 26, Township 116 North, Range 23 Woe of the Sth Principal Meridian lying West of tM East 711 lest thenmaf, This survey shows the bourhderke of t1e abort described property, and the beam of et existrig buildings and a driveway thereon, and the location d detneated rest lands appliedaa «to us byI S G. n does not purport to Shall/ any other bnpoowen ends or a • : iron corker Mound o : Iron marks sell 0 60 120 ispool • 1•••••• SCALE 1N FEET 240 Agenda Item # 8F MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 1, 2017 MEETING: June 6, 2017 City Council SUBJ: R-4 Zoning District Ordinance Background The City's Comprehensive Plan update is currently being reviewed by affected jurisdictions and is anticipated to be submitted to the Metropolitan Council this fall. The City is required to review and make appropriate changes to its official controls, including zoning regulations, within nine months of the updated Plan being in effect. The City's regulations are required to be consistent with and able to implement the Comprehensive Plan. As a result of changes made to the planned density range for the High Density Residential (HDR) land use in the Plan update, and also as a result of recent discussions in connection to concept plans within the future HDR land use, staff thought it was appropriate to begin discussions of the zoning ordinance related to the HDR land use this summer, even before the Comp Plan update is adopted (or even submitted). Beginning discussions on necessary ordinance amendments prior to the Plan update being in effect will make it easier for the City to have all changes made within nine months of adoption. High Density Residential Land Use Within the draft Comp Plan update, the High Density Residential land use is described as follows: "High Density Residential (HDR) identifies residential land uses developed between 12.0 and 15.0 units per acre that are served, or are intended to be served, by urban services. The primary uses will include town homes, apartment buildings and condominiums which should incorporate some open space or an active park." The Plan also establishes policies and objectives which are meant to guide the City when creating the official controls. For the sake of the HDR land use, these policies and objectives are contained within the broader objectives of the Residential Land Uses in the City: 1. Require preservation of natural slopes, wetlands, woodlands, and other significant natural characteristics of the property. 2. Consider exceptions to or modifications of density restrictions for developments that protect the natural features or exceed other standards of the zoning district. 3. Restrict urban development to properties within the sewer service boundary. 4. Encourage green building practices such as Leadership in Energy and Environmental Design (LEED) principles in neighborhood planning and residential building and low impact development design standards. 5. Regulate the rate and location of development in keeping with availability of public facilities and the City's stated goals, including the undesignated MUSA and growth strategies. R-4 Zoning District Page 1 of 5 Ordinance June 6, 2017 City Council 6. Restrict commercial and business development to areas designated in this Plan. 7. Protect property within the City's MUSA boundary from development prior to the provision of urban services that will hinder future division. 8. Create flexible zoning standards that would allow for innovative arrangements of homes, conservation easements, or other creative land use concepts that preserve the City's open space and natural features. 9. Promote attractive, well -maintained dwellings on functional, clearly marked roads, with adequate facilities and open space. 10. Emphasize resident and pedestrian safety. 11. Encourage a controlled mix of densities, housing types, age groups, economic levels, lot sizes, and living styles that are of appropriate scale and consistent with appropriate land use, market demands, and development standards. 12. Establish design criteria for platting and developing site plans which will be compatible with surrounding physical features, existing land uses and the preservation of ecologically significant natural resources. 13. Establish standards for higher density residential development so that such development is compatible with surrounding uses. Such standards may include enclosed parking, green space, landscape buffering and height limitations. 14. Require utilities to be placed underground wherever possible for reasons of aesthetic enhancement and safety. 15. Plan interconnections between separate developments to encourage shared road use to reduce costs and minimize the amount of road surface required. 16. Require planning of trails and walkway systems in the early design stages of all new development so that residential areas are provided safe access to parks and open space. 17. In urban residential zones with sanitary sewer service permit higher density in PUD's in exchange for (1) reduced land coverage by buildings, (2) provision of more multi -family units; and, (3) sensitive treatment of natural resources. 18. Implement standards for lot sizes and setbacks which recognize the development characteristics and natural resources of each existing neighborhood. 19. Regulate noise, illumination, and odors as needed to protect residential neighborhoods and to maintain public health and safety. Most of the planned HDR land use within the City is located within the southwest corner of the City, north of Highway 12 and east of County Road 29. This area of the City was identified during the process as a good opportunity because it is the only location in the City which is likely to have transit access with the park and ride across County Road 29 in Maple Plain. A copy of the land use map is attached for reference. Ordinance Description The attached ordinance is intended to amend the R4 zoning district to be consistent with the policies and objectives of the HDR land use in the City's draft Comp Plan update. Currently, no property in the City is zoned either R4 or R5, so it will not affect existing sites. Under the current Comprehensive Plan, the HDR land use allowed a broader density range of 7-30 units per acre. As a result, the City had intended to utilize two districts to implement the HDR land use. The R4 zoning district (Limited -Multiple Family) limited development to the lower end of the range and the R5 district permitted the high end. R-4 Zoning District Page 2 of 5 Ordinance June 6, 2017 City Council Under the draft Comp Plan update, the density range is much narrower, from 12-15 units per acre. As a result, staff does not believe two districts are necessary. As such, staff is recommending deleting the R5 district and applying the R4 district to the HDR property. This deletion is on pages 4-6 of the attached ordinance. Staff also recommends removing the "limited" from the name of the R4 zoning district. Density of Development The changes on pages 2-3 of the attached ordinance intend to align the R4 zoning district with the density range of the HDR land use in the draft Comp Plan update. The ordinance requires a maximum net area per unit of 3,650 square feet, which relates to the minimum density of 12 units per acre. The ordinance requires a base minimum net area per unit of 3,400 square feet, which relates to a maximum density of 12.75 units per acre. However, the ordinance allows density to be increased to the maximum permitted in the Comp Plan (15 units/acre in the draft plan) if the development incorporates "certain design and construction features serve to reduce the real and perceived impacts of crowding prevalent in multiple -residential dwelling units and building complexes." These bonuses are described in the ordinance as a reduction of the area required for each unit. Following are the bonuses listed in the ordinance and the corresponding bonus density: (a) Affordable Housing (max. bonus = 2.25 unit/acre) (b) LEED Certification or similar (max. bonus = 1.0 unit/acre) (c) Low impact development (max. bonus = 1.0 unit/acre) (d) Exceeding building design, landscaping or buffer yard requirements (max. bonus = 1.0 unit/acre). (e) Sound suppression (max. bonus = 1.0 unit/acre). (f) Underground Parking (max. bonus = 1.5 unit/acre) (g) Oversized garages or lockable storage units (max. bonus = 0.5 unit/acre) (h) Common open space and shared recreational facilities (max. bonus = 1.0 unit/acre) (i) Dwelling unit amenities (max. bonus = 0.5 unit/acre) Nursing Home and Memory Care As discussed during recent Concept Plan discussions, the R4 zoning district does not specifically provide an allowance for nursing homes and memory care facilities to exceed the maximum density of the district. Staff believes it may be appropriate to consider permitting more nursing home and memory care per acre than would be permitted for apartment units or townhomes. These units are generally smaller than apartment units and parking needs are lower, even after accounting for staff and visitors. Staff has suggested reducing the required area per unit by 50% for nursing home and memory care units. This would allow essentially twice as many of these units compared to apartments. Development Standards The ordinance includes development standards relating to matters such as architecture and landscaping. The landscaping requirements are similar to the requirements of commercial and business districts, although slightly lower in terms of planting per foot of site. R-4 Zoning District Page 3 of 5 Ordinance June 6, 2017 City Council The ordinance requires a minimum of 20% of any street facing facade to be accent materials such as shakes, brick, stone, face brick, decorative concrete, or others approved by the city. In addition, multiple family structures are required to be a minimum of 50% non-combustible material such as brick, face brick, decorative concrete. Certain conditional uses include additional requirements related to building materials. Senior Housing/Nursing Home/Assisted Living Discussion During review of the concept plans earlier in recent months, there was also discussion related to whether the Planning Commission and City Council thought nursing homes, memory care facilities, and assisted living facilities were appropriate uses within the HDR land use area of the City. In addition, Council members have expressed an interest in having a broader discussion of senior housing and senior care facilities in the City. Currently, nursing homes and assisted living facilities are permitted in the Mid- and High - Density residential zoning districts, the Uptown Hamel districts, and the Business zoning districts. The Business districts also permit independent living housing to be developed if accessory to a nursing home or assisted living facility. The net acreage planned for development in each of these land uses in the draft Comp Plan update is summarized below: Land Use Planned Developable Acres Medium Density Residential (5-7 units/acre) 21.3 net acres High Density Residential (12-15 units/acre) 12.1 net acres Uptown Hamel 7 net acres vacant; redevelopment opportunities Business 257 net acres The land available within the Medium -Density, High -Density, and Uptown Hamel land uses is fairly limited. The Business land use includes substantially more acreage, but is also available for a much broader list of potential uses. The other opportunity for senior housing or care facilities may be within the Mixed Residential land use. The regulations for this district have not yet been established, but will likely be similar to the R3 or R4 regulations, which permit nursing homes and assisted living facilities. Although 97 acres are guided Mixed Residential in the draft Plan update, only approximately 1/3 of this acreage is anticipated to include higher -density development. This broader context may affect whether Planning Commission and City Council members believe that nursing home and assisted living uses should be permitted in the R4 zoning district. R-4 Zoning District Page 4 of 5 Ordinance June 6, 2017 City Council Planning Commission Recommendation The Planning Commission held a public hearing on the attached ordinance at the May 9 meeting. One person spoke at the hearing and urged the Commission to consider modifications to the building material standards for nursing homes and assisted living facilities to allow fiber cement (hardi-board) siding and potentially other materials which have a more residential feed. Following the hearing, Commissioners were generally supportive of the changes proposed by staff. The Commission also supported the recommendation from the public hearing to incorporate more building materials which feel more like residential construction for nursing homes and assisted living facilities. With that change, the Planning Commission unanimously recommended approval of the ordinance. Staff has added fiber -cement siding as a permitted primary exterior building material. Staff also added wood as a permitted accent material for nursing homes and assisted living. Vinyl siding would not be permitted. Potential Action Following discussion, the Council should direct staff to make any desired changes which will be incorporated for the June 20 consent agenda: Motion to direct staff to make the requested changes and to present the ordinance on the June 20, 2017 consent agenda. Attachment 1. DRAFT Ordinance 2. Excerpt from DRAFT 5/9/2017 Planning Commission minutes 3. DRAFT Future Land Use Map R-4 Zoning District Page 5 of 5 Ordinance June 6, 2017 City Council CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING REGULATIONS RELATED TO THE RESIDENTIAL - MID DENSITY (R3), RESIDENTIAL -LIMITED MULTIPLE FAMILY (R4), AND RESIDENTIAL —MULTIPLE FAMILY (R5) ZONING DISTRICTS; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 841.2 of the code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underlined language as follows: SECTION 841.2 RESIDENTIAL -LIMITED MULTIPLE FAMILY (R4) DISTRICT Section 841.2.01. Residential -Limited -Multiple Family (R4) - Purpose. The purpose of the Residential Limited Multiple Family (R4) district is to provide a zoning district for a mix of townhome and multi -family residential development, designed in a way to protect the natural environment, to be well buffered from adjacent lower density land uses and to implement the objectives of the High Density Residential land use in the city's Comprehensive Plan. Section 841.2.02. (R4) Permitted Uses. The following shall be permitted uses within the R4 district, subject to applicable provisions of the city code: (1) Townhouse Dwellings, provided no structure contains more than twelve dwelling units (2) Multiple Family Structures, provided that a development with one or more structures containing more than 20 dwelling units shall install a buffer yard with an opacity at least 0.1 greater than the district requirements described by Section 828.31. (3) Parks and Open Space (4) Essential services Section 841.2.03. (R4) Conditional Uses. The following shall be permitted within the R4 district, subject to conditional use permit approval, the specific requirements established in Section 841.4.05, and other applicable provisions of the city code: (1) Religious Institutions (2) Educational Facilities (3) Assisted Living Facilities and Nursing Homes (4) Day Care Facilities serving 16 or fewer persons (5) State Licensed Residential Facility, serving 16 or fewer persons Ordinance No. ### 1 DATE Section 841.2.04. (R4) Accessory Uses. The following accessory uses shall be permitted within the R4 district, subject to applicable provisions of the city code and provided such use is subordinate to and associated with a permitted or conditional use: Garages or detached private structures, except no such structure shall contain components to constitute a separate complete dwelling unit Off-street parking Private swimming pools, sport courts, and other common recreational facilities Signs, subject to the requirements of the sign ordinance Solar Equipment, if affixed to a structure, and in compliance with Section 828.09 subd. 1 of the City Code. Section 841.2.05. (R4) Lot Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code. Many of these standards may be applied across a coordinated development so that individual lots may not meet all requirements (lot area and impervious surface coverage, for example) but the development as a whole is consistent with the standards. In these situations, the city shall require documentation which describes the property which is subject to the coordinated development. Subd. 1. Density of Development: Development or redevelopment shall be consistent with the density requirements of the Comprehensive Plan. Subd. 2. Minimum Net Area per Unit: 3,6003,400 square feet per unit Subd. 3. Maximum Net Area per Unit: 6,2003,650 square feet per unit, excluding wetlands. Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real and perceived impacts of crowding prevalent in multiple -residential dwelling units and building complexes. The Minimum Area per Unit requirement above may be reduced in accordance to the following, except that the density after the bonus(es) must be consistent with the Comprehensive Plan. (a) Affordable Housing (max. bonus reduction — /1.0 unit/acrc500 square feet per unit). The density bonus shall be based on the proportion of units which will be preserved as affordable housing and the nature of the restriction utilized to maintain affordability. (b) LEED Certification or similar (max. reduction bonus — 2.0 unit/acre 230 square feet per unit). The density bonus shall be based upon the level of certification, with the full bonus available for the highest level of certification. (c) Low impact development (max. reduction bonus — 2.0 unit/acrc230 square feet per unit). The density bonus shall be based on the water quality improvements above those required by the city. (d) Exceeding building design, landscaping or buffer yard requirements (max. reduction bonus — 2.0 unit/acrc230 square feet per unit). (e) Sound suppression (max. reduction bonus — 2.0 unit/acrc230 square feet per unit). In order to be eligible, the STC rating must be increased by ten from that specified as the minimum in the Minnesota State Building Code. Ordinance No. ### 2 DATE (f) Underground Parking (max. reduction bonus — 2.0 unit/acrc340 square feet per unit). The density bonus shall be based upon the number of parking stalls provided, with the full bonus available if at least one underground space is provided per dwelling unit. (g) Oversized garages or lockable storage units (max. reduction bonus — 1.0 unit/acrc110 square feet per unit). Additional storage must be 100 square feet for townhomes or 50 square feet or greater for other uses. (h) Common open space and shared recreational facilities (max. reduction bonus — 1.0 unit/acrc230 square feet per unit) (i) Dwelling unit amenities (max. reduction bonus — 1.0 unit/acrc110 square feet per unit). Amenities such as additional bathrooms, fireplaces, etc. Subd. 5. Minimum Setback from Perimeter of Site: 20 feet, except as modified below. This setback shall apply to structures, parking, and recreational areas. (a) Increased setback for three-story buildings. The required structure setback shall be increased to 40 feet if the building exceeds two and one-half stories. (b) Increased setback adjacent to less intensive zoning district. The setback adjacent to or across a street from property of a less intensive zoning district shall be increased to 40 feet. (c) Increased setback for required buffer yard. The required setback shall be increased when necessary to abide by buffer yard requirements. Subd. 6. Street Setbacks: The following yard setback shall be required adjacent to public or private streets. Structures, parking areas, and active recreational areas shall not be located within this setback area. The required yard setback shall be based on the classification of the street in the Comprehensive Plan as follows: (a) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from this requirement. (b) Local Roadway: 40 feet (c) Minor Collector Roadway: 50 feet (d) Major Collector or Arterial Roadway: 50 feet Subd. 7. Minimum Setbacks between buildings within a development: 30 feet or the average height of the two structures, whichever is greater Subd. 8. Maximum Impervious Surface Coverage: 60 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented which, according to the City Engineer, exceed stormwater retention and treatment regulations. However, in no case shall impervious surface coverage exceed 70 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. Section 841.2.06. (R4) Design and Development Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code: Ordinance No. ### 3 DATE Subd. 1. The design and development standards of Section 841.4 shall be observed. Subd. 2. Maximum Building Height: Building height shall not exceed 45 feet or three stories, whichever is greater. In the case that a structure is not equipped with a compliant fire sprinkler system, the maximum building height shall be 30 feet. SECTION II. Section 841.3 of the code of ordinances of the city of Medina is hereby deleted in its entirety as follows: SECTION 841.3 RESERVED Section 841.3.01 Residential Multiple Family (R5) Purpose. The purpose of the Residential Multiple Family (R5) district is to provide a zoning district for a mix of multi family residential development, designed in a way to protect the natural environment, to be well buffered from adjacent lower density land uses and to implement the objectives of the High Section 841.3.02. (R5 Permitted Uses. The following shall be permitted uses within the R5 district, subject to applicable provisions of the city code: (1) Townhouse Dwellings, provided no structure contains more than 12 dwelling units (2) , containing more than 20 dwelling units shall install a buffer yard with an opacity at least 0.1 greater than the district requirements described by Section 828.31. (3) Parks and Open Space (4) Essential services Section 841.3.03. (R5 Conditional Uses. The following shall be permitted within the R5 district, subject to conditional use permit approval, the specific requirements established in (1) Religious Institutions (2) Educational Facilities (3) Assisted Living Facilities and Nursing Homes (4) Da3f-C—afe-FaC-444eS-SePv4Ftg4-6-Of-feWef-pefSOftS (5) State Licensed Residential Facility, serving 16 or fewer persons Ordinance No. ### 4 DATE Section 841.3.04. (R5) Accessory Uses. The following accessory uses shall be permitted within the R5 district, subject to applicable provisions of the city code and provided such use is subordinate to and associated with a permitted or conditional use: (1) Garages or detached private structures, except no such structure shall contain components to constitute a separate complete dwelling unit (2) Off street parking (3) (4) Signs, subject to the requirements of the sign ordinance (5) Solar Equipment, if affixed to a structure, and in compliance with Section 828.09 subd. 1 of the City Code. Section 84L341-5. '�)-Let- r-df ' standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code. Many of these standards may be applied across a coordinated development so that individual lots may not meet all requirements (lot area and impervious surface coverage, for example) but the development as which describes the property which is subject to the coordinated development. Subd. 1. Density of Development: Development or redevelopment shall be consistent with the density requirements of the Comprehensive Plan. Subd. 2. Minimum Area per Unit: 2,200 square feet per unit Subd. 3. Maximum Area per Unit: 4,350 square feet per unit, excluding wetlands. Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real and perceived impacts of crowding prevalent in multiple residential dwelling units and building cemplexes. The Minimum Area per Unit requirement above may be reduced in accordance to the following, except that the density after the bonus(es) must be consistent with the Comprehensive Plan. (a) Affordable Housing (max. bonus - 4.0 unit/acre). The density bonus shall be based on the proportion of units which will be preserved as affordable housing (b) LEED Certification or similar (max. bonus - 2.0 unit/acre). The density bonus highest level of certification. (c) Low impact development (max. bonus - 2.0 unit/acre). The density bonus shall be based on the water quality improvements above those required by the city. (d) Exceeding building design, landscaping or buffer yard requirements (max. bonus - 2.0 unit/acre). (e) Sound suppression (max. bonus - 2.0 unit/acre). In order to be eligible, the STC Fati-ng"+ be "'cue-a$�EI-v�t�cn--n-err—that--speeif-e r-asthe the Minnesota State Building Code. Ordinance No. ### 5 DATE (#3 Underground Parking (max. bonus — 2.0 unit/acre). The density bonus shall be based upon the number of parking stalls provided, with the full bonus available if at least one underground space is provided per dwelling unit. (-g) Oversized garages or lockable storage units (max. bonus — 1.0 unit/acre). Additional storage must be 100 square feet for townhomes or 50 square feet or greater for other uses. (h) Common open space and shared recreational facilities (max. bonus — 1.0 unit/acre) (4) Dwelling unit amenities (max. bonus 1.0 unit/acre). Amenities such as additional bathrooms, fireplaces, etc. Subd. 4. Minimum Structure Setback from Perimeter of Site: 40 feet, or larger if required to install required buffer yard. Subd. 5. Street Setbacks: The following yard setback shall be required adjacent to public or private streets. Structures, parking areas, and active recreational areas shall not be located within this setback area. The required yard setback shall be based on the classification of the street in the Comprehensive Plan as follows: (-a) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from this requirement. (.13) Local Roadway: 40 feet (e) Minor Collector Roadway: 50 feet (d) Major Collector or Arterial Roadway: 50 feet Subd. 6. Minimum Setbacks between buildings within a development: 30 feet or the average height of the two structures, whichever is greater Subd. 7. Maximum Impervious Surface Coverage: 60 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented which, according to the City Engineer, exceed stormwater coverage exceed 70 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. observed, subject to additional requifenients ep ens an m^dific- tiens set f rtl ,,, lie ty code: Subd. 1. The design and development standards of Section 841.4 shall be observed. Subd. 2. Maximum Building Hcight: Building height shall not exceed 45 feet or three stories, whichever is greater. In the case that a structure is not equipped with a compliant fire sprinkler system, the maximum building height shall be 30 feet. Ordinance No. ### 6 DATE SECTION III. Section 841.4 of the code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underlined language as follows: SECTION 841.4 DESIGN AND DEVELOPMENT STANDARDS FOR MID DENSITY, LIMITED MULTIPLE FAMILY, AND MULTIPLE FAMILY RESIDENTIAL DISTRICTS Section 841.4.01. Generally. The standards of this Section shall apply to the R3; and R4, and R5 zoning districts, subject to requirements set forth in other sections of this ordinance. These standards are established to achieve a high standard of development, to create vibrant and high quality neighborhoods, and to protect the natural environment. Section 841.4.02. Building Materials and Design. Subd. 1. Building Materials. (a) Generally. All exterior building materials shall be durable and consistent with relevant codes, regulations, and other industry standards. (b) Accent materials. No less than 20 percent of any facade facing a public or private street shall be an accent material. These materials may include shakes, brick, stone, face brick, decorative concrete, or others approved by the city. (c) Multiple Family Structures. No less than 50 percent of the vertical exterior building materials shall be non-combustible material such as brick, face brick, decorative concrete or others approved by the city. Subd. 2. Garage Doors. In the case that garage doors occupy more than half of the horizontal building facade facing a street, architectural elements shall be provided to reduce the monotonous appearance of garage doors. These elements may include varying the setback of the garage doors, differentiating roof designs, constructing dormers, and installing garage doors with windows or other design elements. Subd. 3. Building Modulation and Articulation. Buildings shall be modulated a minimum of once per 50 feet of building perimeter to avoid long, monotonous building walls. This may include varying building height, building setback, building orientation, roof pitch, roof design, or significant differences in building materials/design. Subd. 4. Enclosed Parking. Townhomes shall include garage space with a minimum capacity of two vehicles, and multiple family structures shall include a minimum of one enclosed or underground parking stall per dwelling unit. Subd. 5. Utilities and Mechanical Equipment. All utilities shall be placed underground. Mechanical and HVAC equipment serving individual dwellings shall be screened, to the extent possible, from all public or private streets as well as from adjacent structures. Equipment which serves more than dwelling unit shall be screened as follows: Ordinance No. ### 7 DATE (a) Rooftop Equipment. Equipment shall be screened through the use of architectural elements and materials which are compatible with the overall design of the building. Wood fencing or chain link fencing with slats shall not be permitted. (b) Ground Equipment. Equipment shall be screened with walls which are constructed of materials which are compatible with the building or with landscaping which is opaque during the entire year. Subd. 6. Trash and Recycling Facilities. (a) Trash and recycling bins for individual dwelling units shall be stored so not to be prominently visible from streets or neighboring units. (b) For other uses, all trash and recycling shall be stored within the principal building, within an accessory structure, or within an enclosed outdoor area easily accessible from the principal structure. The accessory structure or enclosed area shall be constructed of similar materials and have compatible architecture as the principal structure and shall abide by yard setback requirements. Section 841.4.03. Landscaping Requirements. Subd. 1. Generally. All areas within a development site shall be landscaped, except for areas occupied by streets, sidewalks, trails, buildings, parking lots, driveways, walks, recreational areas, plaza space, wetlands, wetland buffers, and woodlands. Landscaping shall include trees, shrubs, plantings, and turf grass. Water conserving alternatives to traditional Kentucky -Bluegrass are encouraged. Properly maintained prairie or natural vegetation is encouraged within common open space and buffer yards. Species with known vulnerability to disease or infestation shall not be permitted. Integrated stormwater management practices, such as vegetative swales, vegetated filter strips, bioretention, and raingardens, shall be considered landscaping and shall be included in the gross acreage of the parcel when calculating impervious surface coverage. Subd. 2. Building Setting. At least 10 feet of landscaped area shall be provided adjacent to all buildings except for walks, driveways, and plaza/patio space. Walks within this landscaped area shall be limited to where practically necessary to serve access points of buildings. Subd. 3. Buffer Yards. Buffer yards shall be required adjacent to less intensive zoning districts and adjacent to collector and arterial roadways. The buffer yard requirements are described in Section 828.31 of the City Code. Subd. 4. Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree per 60 feet, or fraction thereof, of lot perimeter shall be required. Any lot perimeter for which a buffer yard is required shall be excluded from this calculation. (a) Size. Deciduous trees shall not be less than two caliper inches measured four feet off ground, and coniferous trees shall not be less than five feet in height. (b) Location. Tree location shall be approved by the city prior to planting. Ordinance No. ### 8 DATE (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species, as listed within the tree preservation ordinance are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. (d) Credit for Preserved Trees. The city may reduce the required number of overstory trees if an applicant preserves more existing trees than required by the Tree Preservation Ordinance, Section 828.41. The city shall determine the amount of credit granted for such existing trees. Subd. 5. Ornamental Trees. A minimum of one tree per 120 feet, or fraction thereof, of lot perimeter shall be required. Any lot perimeter for which a buffer yard is required shall be excluded from this calculation. One tree per 150 feet shall be required if a water conserving alternative is utilized for the lawn or if bioretention or other low impact development practices are implemented. (a) Size. Trees shall not be less than one and one-half caliper inches measured four feet off ground. (b) Location. Tree location shall be approved by the city prior to planting. (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. Subd. 6. Understory Shrubs. In addition to trees, a full complimentcomplement of understory shrubs shall be provided to complete a quality landscape treatment of the lot. Shrubs shall be potted and a minimum of 24 inches. In no instances shall the number of shrubs be less than one per 40 feet, or fraction thereof, of lot perimeter. Any lot perimeter for which a buffer yard is required shall be excluded from this calculation. One shrub per 50 feet shall be required if a water conserving alternative is utilized for the lawn or if bioretention or other low impact development practices are implemented. Subd. 7. Parking Lot Landscaping. A minimum of eight percent of the total land area within parking areas shall be landscaped. Parking lots with fewer than 10 stalls shall be exempt from these requirements. (a) Landscaping at least 12 feet in width shall separate parking lots into cells of no more than 120 stalls. (b) Landscaping shall break up rows of parking approximately every 20 spaces. (c) Species selection shall be guided by soils conditions and plantings shall be designed in a way which increases the likelihood of long-term survival. (d) Where practical, the landscaping areas shall be designed to receive stormwater runoff from the adjacent parking area. Subd. 8. Maintenance. The developer shall be responsible for establishing a long-term maintenance plan to see that common space and buffer yard landscaping and fencing is maintained in an attractive and well -kept condition and to replace any landscaping that does not survive. Landscape irrigation, where necessary, shall be consistent with water usage regulations. Ordinance No. ### 9 DATE Subd. 9. Landscaping Guarantee. The developer shall guarantee the growth and maintenance of all plants for a minimum of two growing seasons following an inspection of all completed plantings. (a) The developer shall submit a financial guarantee and provide access to the property, in forms acceptable to the city, prior to issuance of any building permit to ensure the planting and survival of the plantings. The developer may transfer responsibility of financial guarantee to another willing entity. (b) Any plant which does not survive or has severely declined (for example, 25% of the crown has died in the case of trees) shall be replaced, and the replacement will be guaranteed for an additional two growing seasons. After the additional growing seasons, any new plants which do not survive or have severely declined shall be replaced. After provisions have been made for maintenance of these new plants, the city shall release any remaining financial guarantee. Subd. 10. Tree Preservation. Removal of significant trees and any construction activity within residential districts shall be subject to the requirements set forth by the City's Tree Preservation Ordinance Section 828.41. Section 841.4.05. Supplemental Requirements for Specific Uses within the R-3 and ,—R-4, and R 5 Residential Zoning Districts. In addition to the general standards specified for conditional uses in section 825.39 of the City Code and other requirements of this ordinance, the following uses shall not be permitted unless the city council determines that all of the specific standards contained in this subdivision will be met: Subd. 1. Religious Institutions. (a) the minimum lot size shall be increased to 4 acres; (b) the minimum lot width and depth shall be increased to 300 feet; (c) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (d) no exterior bells or loudspeakers; (e) buffer yard requirements adjacent to or across a street from property of a less intensive zoning district or the same zoning district shall be increased to an opacity measurement of 0.5. Buffer yard requirements are described in Section 828.31 of the City Code. (f) structures shall cover no more than 20 percent of the lot, and the maximum combined floor area of all structures on a property shall not exceed 40,000 square feet; (g) sanctuary seating capacity shall not exceed 500 persons; (h) the number of persons on -site at any given time shall not exceed two times the capacity of the sanctuary, with the exception of larger events no more than four Ordinance No. ### 10 DATE times per year. The city may place further limitations on the number of persons on -site based on the number of parking stalls provided; (i) residential uses shall not be permitted, with the following exceptions: a.housing for clergy employed at the property, as an accessory use. Such housing shall not exceed 4,000 square feet in floor area of habitable space, which shall be counted against the total floor area allowed on a site; or b.continuation of a residential use existing on the property prior to the religious institution being established. Continuation of a residential use shall be limited in term and be subject to Interim Use Permit approval; (j) the property shall not be utilized for for -profit purposes, or regularly utilized by for - profit entities; (k) playgrounds and outdoor recreational areas shall be set back a minimum of 100 feet from residential property with adequate screening to protect neighboring properties from noise and adverse visual impacts; (1) exterior building materials shall consist of the following materials: brick, natural stone, stucco, Exterior Insulation and Finish System or similar product, copper, glass, decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. A maximum of 20 percent of the vertical building exterior may be metal or fiber cement lap siding or other materials approved by the city, if used as accent materials which are integrated into the overall building design. (m) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 2. Educational Facilities. (a) the minimum lot size shall be increased to 4 acres; (b) the minimum lot width and depth shall be increased to 300 feet; (c) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (d) no exterior bells or loudspeakers; (e) buffer yard requirements adjacent to or across a street from property of a less intensive zoning district or the same zoning district shall be increased to an opacity measurement of 0.5. Buffer yard requirements are described in Section 828.31 of the City Code. (f) structures shall cover no more than 20 percent of the lot, and the maximum combined floor area of all structures on a property shall not exceed 40,000 square feet;; Ordinance No. ### 11 DATE (h) the number of persons on -site at any given time shall not exceed 700, with the exception of larger events no more than four times per year. The city may place further limitations on the number of persons on -site based on the number of parking stalls provided; (j) the property shall not be utilized for for -profit purposes, or regularly utilized by for - profit entities; (k) playgrounds and outdoor recreational areas shall be set back a minimum of 100 feet from residential property with adequate screening to protect neighboring properties from noise and adverse visual impacts; (1) exterior building materials shall consist of the following materials: brick, natural stone, stucco, Exterior Insulation and Finish System or similar product, copper, glass, decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. A maximum of 20 percent of the vertical building exterior may be metal or fiber cement lap siding or other materials approved by the city, if used as accent materials which are integrated into the overall building design. (m) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 3. Assisted Living Facilities and Nursing Homes. (a) shall abut an arterial or a collector roadway; (b) parking requirements shall be based on the number of employees of the facility, expected guest visitation and the likelihood of residents owning vehicles. Parking for residents of the facility shall be enclosed or underground, consistent with the requirements of the zoning district; (c) sufficient outdoor plaza and recreational areas shall be provided; (d) exterior building materials shall consist of the following materials: brick, natural stone, stucco, Exterior Insulation and Finish System or similar product, fiber cement siding, copper, glass, decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. A maximum of 20 percent of the vertical building exterior may be metal, wood, or fiber cement lap siding or other materials approved by the city, if used as accent materials which are integrated into the overall building design. (e) (e) the minimum required lot area per unit shall be reduced by 50% for nursing home or memory care units. In order to reduce the required lot area in this way, an agreement is required to be recorded against the property ensuring that the units will remain nursing home or memory care units. Ordinance No. ### 12 DATE (OW the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 4. Day Care Facilities serving 16 or fewer persons (a) shall abut an arterial roadway or abut --a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (b) shall not be operated within a townhome or multiple family structuredwelling; (c) parking requirements shall be based on the number of employees of the facility and the number of clients to be served. Circulation shall be sufficient so drop-off and pick-up of clientele does not interfere with the right-of-way; (d) sufficient outdoor recreational areas shall be provided; (e) the facility shall meet licensing requirements as required by law; (f) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 5. State Licensed Residential Facility or housing with services establishment registered under chapter 144D, serving 16 or fewer persons (a) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (b) shall not be operated within a townhome or multiple family structuredwelling; (c) parking requirements shall be based on the number or residents at the facility as well as the number of employees. Parking for residents of the facility shall be enclosed or underground, consistent with the requirements of the zoning district; (d) the facility shall meet licensing requirements as required by law; (e) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Ordinance No. ### 13 DATE SECTION IV. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2017. Attest: Jodi M. Gallup, City Clerk Bob Mitchell, Mayor Published in the Crow River News on the day of , 2017. Ordinance No. ### 14 DATE Medina Planning Commission Excerpt from DRAFT 5/9/2017 Meeting Minutes Public Hearing — Ordinance Amendment to Chapter 8 of the City Zoning Code Related to the R-4, Limited High -Density Residential Zoning District Finke stated that this is one of many zoning requests that the Commission will review in the next year. He stated that following the adoption of the draft Comprehensive Plan the City controls need to be brought into compliance with the plan. He stated that this ordinance was seen as an opportunity to begin with because of the recent requests that the City has seen in the past few months in this specific zoning district. He stated that the thought is to have this language updated and in place prior to the plan becoming effective. He reviewed the density range included in the draft Comprehensive Plan and noted that amendment is needed as the current zoning districts do not allow for that density. He stated that staff is recommending that the R-5 district be deleted. He noted that the current Comprehensive Plan has a higher range of densities and the draft Comprehensive Plan has a smaller range for density and therefore the highest range can be eliminated. He noted that there are only three properties in the City, all adjacent to each other, that are within the zoning district and therefore only one category is needed for high density housing. He stated that elements have been added which are meant to address the actual or perceived problems with overcrowding of residential units. He provided examples of extra screening or additional amenities. He noted that another element would be to consider the conditional use of nursing homes or assisted living facilities and whether that should continue to be allowed. He stated that the concept plans that have come forward have identified the high -density parcels near Maple Plain for nursing home/assisted living facilities. He noted that there has been discussion on whether that property would be better suited for multi -family residential. He stated that the City currently allows nursing home and assisted living in the business zoning district. He stated that dwellings have not been projected for the business district but noted that nursing home/assisted living/independent living facilities could be built in that zoning district. He stated that the mixed -use zoning district would be another option as that zoning district is new and does not have stipulations at this point. He noted that property would be similar to medium to high density zoning and therefore perhaps a portion of that property would be eligible for nursing home/assisted living facilities. He stated that in the mixed -use zoning district the market would dictate that the majority of the site would be developed with single family homes and perhaps one third of the property would be developed in higher density product. Murrin asked if there is a potential for more homes to be developed by combining the R-4 and R-5 zoning districts. Finke explained that they are not adding anything and are actually deleting the higher range of density allowed in the R-5 zoning district. He noted that the entire smaller range would be contained in the R-4 district. Murrin asked if the ordinance changes would have an impact on affordable housing. Finke explained that this zoning does not have an impact on affordable housing. He stated that in reality affordable housing could be constructed in any residential zoning district but the market dictates that it would be a higher density product. Barry asked and received confirmation that the parking would be addressed in another area. He used the example of nursing home/assisted living and how they would use less parking than typical high density housing. Finke stated that the parking elements are addressed in another ordinance and confirmed that nursing homes/assisted living facilities do have lesser parking requirements. 1 Medina Planning Commission Excerpt from DRAFT 5/9/2017 Meeting Minutes White opened the public hearing at 8:00 p.m. Larry Palm, 1432 County Road 29, referenced memory care and the limit of 15 units per acre and asked for additional discussion on that element. He stated that he has a large concern with the architectural requirements set forth in the ordinance on page 12, subsection 3.d. He stated that his concern is that the hard surfaces that are laid out in the ordinance lend themselves to institutional feel and the trend is to have the facility feel more like a home. He stated that people like the residential feel and want to feel like that is their home and the language needs to be able to have that flexibility. He stated that the language is dated for the intended use and encouraged the Commission to review that language. He stated that there are very durable materials that have a good aesthetic and long lifespan and are not brick or stone. Finke stated that staff has built in a reduction of the required land for nursing home and memory care facilities of effectively 50 percent, which would raise the allowed density to 30 per acre. White closed the public hearing at 8:06 p.m. Reid asked if traditional wooden siding is prohibited for the zoning district. Finke stated that this is the original language regarding materials and the language is intended to be commercial scale building materials. Murrin asked why they wanted to have commercial building products rather than residential. Finke stated that these were seen as more commercial uses rather than residential. He noted that apartment buildings have their own requirements but noted that those are less commercial. He stated that there is still a requirement that 50 percent of the materials are not combustible. He noted that something similar could be allowed for nursing home/assisted living facilities. He stated that they have been making similar changes to some commercial development that they want to feel more residential. He stated that generally the thought is less aesthetic than it is longevity and durability of products. Murrin stated that would fall to the owner of the property that they would need to maintain the property sooner rather than later. She acknowledged that the other option would be that the property could become blighted. Finke explained that regulating enforcement is very difficult and therefore this language was seen as a method to prevent blights. He stated that it would put some constraints on design and noted that the ordinance has not kept up on the changes in material. DesLauriers stated that perhaps there is a compromise between the commercial and residential, noting the long lifespan of fiber cement lap siding. Albers asked the threshold that something would seem more residential. Murrin asked if the City could approve variations in materials if desired. Finke stated that there would not be a variance and therefore a PUD would be the only option for that allowance but noted that there is an additional cost and process that would have a risk to the developer. He stated that it is more likely that a developer will find a way within development standards rather than pursue a PUD. He stated that glass could also play a factor in the standards. 2 Medina Planning Commission Excerpt from DRAFT 5/9/2017 Meeting Minutes Albers asked if moving the percentage for those other materials to 40 percent from 20 percent would help create a residential feel. Finke stated that raising the class two materials percentage would probably still constrain the design as using that material as your primary material. He did not feel that the residential feel would change by simply increasing the percentage. He stated that if the Commission likes that material they should simply allow the material. Barry stated that perhaps the fiber cement lap siding should be allowed for nursing home/assisted living facilities. He stated that would help to create the residential feel that people want. Albers stated that he would be interested in increasing the percentage to 60 percent for class two materials. Mr. Palm stated that apartment buildings allow the materials at 50 percent while nursing homes/assisted living is only allowed at 20 percent. He stated that people live in both types of housing and should at least be equal. Finke noted that vinyl siding is allowed as a material for apartment buildings. Murrin asked if vinyl siding should be eliminated for apartment buildings. Finke stated that would drive up the cost of building an apartment building. Murrin stated that perhaps that is the right path as it states the City only wants to see development of a higher standard. Finke noted that there are standards within the ordinance that relate the building materials to the allowable materials in order to provide incentive. White confirmed the consensus of the Commission to direct staff to amend the language regarding allowable materials for nursing home/assisted living facilities. He stated that in reviewing the concept plans the City has recently considered, the Palm concept plan would meet the density outlined in the proposed ordinance. He noted that Elim Care would not meet the density standards and some sections of their proposal would exceed the allowable density. Motion by Barry, seconded by DesLauriers to recommend approval of the Ordinance related to the R-3, R-4, and R-5 Zoning Districts. Motion carries unanimously. (Absent: Rengel) 3 MEDINA Map 5-2 Future Land Use Plan DRAFT 1 /31 /2017 Legend Future Land Use Rural Residential - Agricultural Future Development Area Low Density Residential Medium Density Residential - High Density Residential Mixed Residential Uptown Hamel Commercial Business Rural Commercial Institutional Private Recreational Park, Recreational, and Open Space Closed Sanitary Landfill A Map Date: January 31, 2017 0 0.25 0.5 1 Miles ii u i i i i i i Inctpendence i i i i i i i ii /1 �ir lIN r�l 11 J ul' � -b .e �nnla��n musi .. gogrovag ACKAMORE RD M9oney MEDINA Map 5-3 Development and Growth Plan DRAFT 12/8/2016 Legend Future Land Use Rural Residential Agricultural Future Development Area Low Density Residential Medium Density Residential High Density Residential Mixed Residential Uptown Hamel Commercial Business Rural Commercial Institutional Private Recreational Park, Recreational, and Open Closed Sanitary Landfill Wetland Locations Wetland Locations Map Date: January 20, 2016 0 0.25 0.5 Space 1 Miles Agenda Item # 8G MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 1, 2017 MEETING: June 6, 2017 City Council SUBJ: LED Lighting Study, Ordinance Amendment, Potential Moratorium Background The use of light Emitting Diode (LED) lighting has recently expanded greatly. Such lighting provides tremendous benefits for energy efficiency in addition to benefits regarding flexibility in its use. LED lighting is being used more commonly in outdoor lighting, including parking lot lights and street lights. LED lighting is also extremely common to internally illuminate signs. In addition, LED lighting can be utilized as a building accent. There is a concern that the cost and flexibility of LED lighting may also lead to the use of brighter outdoor lighting which may cause glare onto streets, adjacent property, and even into adjacent structures. The City's current outdoor lighting ordinance is attached for reference. Generally, the ordinance regulates lighting in two primary ways: 1) limitations on the amount of light trespass at the property line; and 2) limitations on brightness/intensity of lighting which is not fully shielded. The expanded use of LED lighting for parking lot lights and other task/site lighting which is downcast has not seemed to cause issue through the review process. Applicants have been able to model the anticipated light trespass similar to other types of lighting. However, staff s impression is that the nature of LED lighting has caused difficulties for applicants to model the intensity of lighting which is not downcast, such as lighting used in signs and as decorative elements. Current city regulations limit visible light fixtures to a maximum of 2000 lumens. Various applicants have indicated that a lumens calculation is not as straight forward for an LED light fixture as it is for other types of light fixtures. This raises concerns when determining if proposed lighting meets the ordinance limitation and whether the lighting may have the potential to cause glare and other public health and safety concerns. An addition, studies have pointed to concern related to exposure to LED light. For example, the American Medical Association has provided guidance that "high -intensity LED lighting designs emit a large amount of blue light that appears white to the naked eye and creates worse nighttime glare than conventional lighting. Discomfort and disability from intense, blue -rich LED lighting can decrease visual acuity and safety, resulting in concerns and creating a road hazard. In addition to its impact on drivers, blue -rich LED streetlights operate at a wavelength that most adversely suppresses melatonin during night. It is estimated that white LED lamps have five times great impact on circadian sleep rhythms than conventional street lamps." Outdoor LED Lighting Page 1 of 3 June 6, 2017 Study/Amendment/Moratorium City Council Staff is aware of LED lighting bands along buildings and around freestanding signs in other communities which have caused concerns with glare on both the public street and adjoining properties. The City recently received an applicant for this type of lighting band on a property at Highway 55 and County Road 101. Similar lights around the sign were installed on this property without a permit and had caused concerns back in the winter of 2011-2012. Staff believes it would be advisable to study regulations to determine if existing regulations are sufficient to review and regulate this request. Staff recommends studying and making necessary changes to the City's regulations in order to address the potential concerns described above. Lighting is highly technical, and it is likely that the City will need to hire an expert to provide guidance on the process. Potential Moratorium State Statute authorizes cities to adopt an interim ordinance which can "regulate, limit, or prohibit any use, development, or subdivision within the jurisdiction...for a period not to exceed one year from the date it is effective" in order to conduct studies and hold hearings on an official control. The City can make changes to its official controls at any time, with or without a moratorium being in place. The purpose of the moratorium is to protect the planning process and should only be established if the potential impacts of the construction are substantial enough to warrant such limitations in the interim. A moratorium can prevent future applications and can, at the City Council's discretion, apply to pending applications as well. The City Council can determine which areas or zoning districts the moratorium applies to as well Staff has drafted that attached ordinance which would establish a moratorium for unshielded LED light fixtures throughout the City. Downcast lighting (such as parking lot lights) and internally -illuminated signs (but not light bands around a sign) would be exempted from the moratorium and could be permitted in the interim. Staff anticipates studying and potentially making amendments with regards to these lights as well. However, staff believes the potential impacts of these lights on adjacent property may be lower as compared to unshielded light sources. Potential Council Action If the Council desires to study the lighting ordinance and other regulations to determine if amendments to the regulations are necessary, and believes the potential impact of any unshielded LED lighting being installed in the interim causes significant concerns, the following motions would be in order: 1) Move to adopt the interim ordinance regarding unshielded light emitting diode (LED) lighting; establishing a moratorium; and directing a study of official controls related thereto. 2) Move to adopt the resolution authorizing publication by title and summary Outdoor LED Lighting Page 2 of 3 June 6, 2017 Study/Amendment/Moratorium City Council Attachment 1. Interim Ordinance regarding unshielded LED Lighting; Establishing a Moratorium 2. Resolution authorizing publication by title and summary 3. Existing lighting ordinance (Section 829) Outdoor LED Lighting Page 3 of 3 June 6, 2017 Study/Amendment/Moratorium City Council CITY OF MEDINA ORDINANCE NO. ### AN INTERIM ORDINANCE REGARDING UNSHIELDED LIGHT EMITTING DIODE (LED) LIGHTING; ESTABLISHING A MORATORIUM; AND DIRECTING A STUDY OF OFFICIAL CONTROLS RELATED THERETO The city council of the city of Medina ordains as follows: Section 1. Background. 1.01. The city of Medina (the "City") has adopted a comprehensive plan and official controls to regulate the development of land within the community, all in accordance with Minnesota Statutes, sections 462.351 et seq. and 473.851 et seq. 1.02. The City has adopted a zoning ordinance, including lighting regulations and sign regulations, and other official controls to implement the comprehensive plan. 1.03. The City has established standards and procedures for regulating the uses of buildings, structures, and land to promote the public health, safety, morals, and general welfare 1.04. The City has determined that its current lighting ordinance may be inadequate to address the potential public health and safety concerns of outdoor light emitting diode (LED) lighting, particularly outdoor LED lighting which is not constructed in such a manner that 95% or more of all light emitted is projected below the horizontal (hereinafter "Unshielded LED lighting"). Potential public health and safety concerns include potential distracting glare onto public streets and obtrusive and unhealthy light trespass onto property adjacent to Unshielded LED lighting and even into nearby structures. 1.05. The City desires to prevent premature installation and operation of new Unshielded LED lighting until it has an opportunity to fully evaluate and revise its zoning ordinance and other official controls to better regulate such uses. 1.06. Minnesota Statutes, section 462.355, subd. 4 allows the City to adopt an interim ordinance to regulate, restrict, or prohibit any use or development when it recognizes the need to conduct a study to consider modifications to its official controls for the purpose of protecting the planning process and the health, safety and welfare of the citizens. Section 2. Findings. 2.01. The city council finds that the nature of LED lighting is different from previous types of lighting technology and likely will necessitate the application of alternative means to Ordinance No. ### June 6, 2017 model and measure brightness, glare and light trespass from those which have previously been utilized to promote the public health, safety, and general welfare. 2.02. The City's planner has prepared a report which summarizes the ways in which the City's current zoning ordinance and other official controls may not adequately allow for review and regulation of proposed Unshielded LED lighting or the inspection thereof for glare and light trespass. This report describes difficulties experienced by permit applicants in providing specifications which show that proposed outdoor LED lighting meets relevant City requirements. This report is hereby incorporated herein by reference. The city council finds it necessary to have an opportunity to review fully and amend its official controls as they relate to this lighting to remedy those deficiencies. 2.03. The city council finds that the adoption of an interim ordinance applicable to Unshielded LED lighting is essential to give it the opportunity to review, adopt and modify its official controls to preserve the planning process and to protect the health, safety and welfare of the citizens of the community. Section 3. Study of Official Controls; Moratorium. 3.01. The City hereby authorizes a study to determine how the City's official controls regarding LED lighting need to be modified or supplemented in order to prevent such lighting from having an adverse effect on adjacent streets and nearby lands and to protect the public health, safety and welfare. The study will be conducted by city staff and consultants. 3.02. Pending completion of the study and the adoption of new or amended official controls, a moratorium is hereby established on the acceptance, review, processing or approval of applications for the installation, construction, or expansion of outdoor LED lighting, except as exempted by subsection 3.03 below. The moratorium shall apply to all land within the city. No new applications for outdoor LED lighting within any zoning district or for the expansion any such system shall be accepted after the effective date of this ordinance. All such applications which have been received prior to the effective date of this ordinance shall be given no further review and shall be withdrawn by the applicant or shall be acted upon by the City in light of the moratorium. 3.03. The moratorium shall not apply to Fully Shielded LED light fixtures as defined in the lighting ordinance such as parking lot lighting which shall remain regulated by current light regulations. The moratorium shall not apply to Dynamic Displays as defined and regulated by the City's sign ordinance. The moratorium shall not apply to internally illuminated Signs, provided that LED lighting fixtures shall only be permitted to internally illuminate text, symbols, and logos and shall not be permitted as banding, accent or similar lighting and provided that the applicant can demonstrate that the lighting for such Sign meets current sign and lighting regulations. Ordinance No. ### 2 June 6, 2017 Section 4. Duration. This ordinance shall remain in effect for one year after its adoption and publication, unless amended to repeal the moratorium earlier than such time. Section 5. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 6. Separability. Every section, provision and part of this ordinance is declared separable from every other section, provision and part thereof. If any section, provision or part of this ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this ordinance. Section 7. Effective Date. This ordinance shall take effect upon its adoption by the city council and publication in the City's official newspaper. Adopted by the city council of the city of Medina this 6th day of June, 2017. ATTEST: Jodi M. Gallup, City Clerk Published in the South Crow River News this Bob Mitchell, Mayor Ordinance No. ### 3 June 6, 2017 day of , 2017. Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ### an interim ordinance regarding unshielded LED lighting, establishing a moratorium, and directing a study of official controls related thereto; 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 three 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 clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. ###, an interim ordinance regarding unshielded LED lighting. The ordinance establishes a moratorium on the installation of new outdoor LED lighting for one year and directs city staff and consultants to study the regulations and official controls related to such lighting. The moratorium includes exemptions for fully -shielded light fixtures such as parking lot lights and also for dynamic displays and internally illuminated signs. The full text of Ordinance No. ### is available from the city 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 clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2017-## DATE Dated: DATE. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-## 2 DATE Medina City Code 829. Outdoor Lighting Ordinance CHAPTER 8 LAND AND BUILDING REGULATIONS 829. OUTDOOR LIGHTING ORDINANCE Section 829.01. Purpose and Intent. Subd. 1. Sections 829.01 et seq. shall be known as the outdoor lighting ordinance. It is the intent of this ordinance to define practical and effective measures by which the obtrusive aspects of excessive and/or careless light usage that affects the nighttime environment can be minimized, while preserving safety, security and the nighttime use and enjoyment of property. These measures are intended to curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy efficient sources, and decreasing the wastage of light and glare resulting from overlighting and poorly shielded or inappropriately directed lighting fixtures. Subd. 2. All outdoor illuminating devices shall be installed in conformance with the provisions of this ordinance and the Minnesota State Building Code as applicable and under appropriate permit and inspection. Section 829.02. Definitions. As used in this ordinance, unless the context clearly indicates otherwise, the following words and phrases shall have the meanings given to them: Subd. 1. Certified Lighting Professional. Any person holding certification by the National Council of Qualifications for the Lighting Professions, International Association of Lighting Management Companies or the Association of Energy Engineers. Subd. 2. Class 1 Lighting. All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important to preserve the effectiveness of the activity. Designation of lighting as Class 1 requires a finding by the zoning administrator of the essential nature of color rendition for the application. Class 1 uses include outdoor eating and retail food or beverage service areas; outdoor maintenance areas; display lots; and assembly areas, such as concert or theater amphitheaters. Subd. 3. Class 2 Lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern. Subd. 4. Class 3 Lighting. Any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of landscaping. 829. Outdoor Lighting Ordinance Page 1 of 12 Medina City Code 829. Outdoor Lighting Ordinance Subd. 5. Direct Illumination. Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. Subd. 6. Directly Visible. Allowing a direct line -of -sight to the light source or lamp. Subd. 7. Flood Light or Lamp. A specific form of lamp designed by the manufacturer to direct its output in a specific direction (a beam) but with a diffusing glass envelope. Subd. 8. Footcandle (fc). A unit of illuminance equal to one lumen per square foot. It is the luminous flux per unit area in the Imperial system. One footcandle equals approximately 10 (10.76) lux. Subd. 9. Full Cutoff Light Fixture. A luminaire light distribution where no light is emitted above the horizontal, and where the intensity at 80 degrees from nadir (straight down) is no greater than 100 candela per 1000 lamp lumens. Subd. 10. Fully Shielded Light Fixture. A lighting fixture constructed in such a manner that 95% of all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Up to 5% of the light emitted may shine above the horizontal. Any structural part of the light fixture providing this shielding must be permanently affixed. Subd. 11. Glare. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, or brightness of the source, and the brightness level to which the eyes are adapted. Subd. 12. Glass Enclosed Area. Interior building spaces with extensive use of glass or other transparent or translucent material, including atria, sky lighted areas, conservatories or greenhouses, in which interior lighting of the area will provide illumination onto adjacent exterior spaces. Subd. 13. IESNA. Illuminating Engineering Society of North America Subd. 14. Installed. The attachment or assembly fixed in place of any outdoor light fixture, whether or not connected to a power source. Subd. 15. Light pollution. Any adverse effect of manmade light. Subd. 16. Light Trespass. Light falling where it is not wanted or needed, including across property boundaries. 829. Outdoor Lighting Ordinance Page 2 of 12 Medina City Code 829. Outdoor Lighting Ordinance Subd. 17. Lighting Zones. An overlay zoning area in which maximum levels of light are established. The four lighting zones are defined on the lighting zone map and by this reference made a part of this ordinance. A parcel located in more than one of the lighting zones described herein shall be considered to be regulated by the lighting zone it is in. Guidelines used to guide the delineation of the lighting zones are: (a) Lighting Zone E4. Areas of high ambient lighting levels. This zone generally includes urban areas with primary land uses for commercial, business and industrial activity, including highway commercial and downtown districts. b) Lighting Zone E3. Areas of medium ambient lighting levels. This zone generally includes suburban residential areas, but neighborhood commercial or industrial parcels largely surrounded by suburban residential uses may also be included. (c) Lighting Zone E2. Areas of low ambient lighting levels. This zone generally includes rural residential and agricultural areas, but may also include small outlying neighborhood commercial and industrial areas surrounded by rural residential areas. (d) Lighting Zone El. Areas with intrinsically dark landscapes. This zone includes rural areas, including rural residential areas, where preservation of natural darkness has been identified as a high priority or other areas where the preservation of a naturally dark landscape is of utmost priority. Subd. 18. Lumen. Unit of luminous flux, used to measure the amount of light emitted by lamps. Subd. 19. Luminaire. The complete lighting assembly except the support assembly. Lighting assemblies that include multiple unshielded or partially shielded lamps on a single pole shall be considered as a single unit, for purposes of determining total light output from a luminaire. Subd. 20. Lux. One lumen per square meter. It is the luminous flux per unit area in the metric system. One lux equals approximately .1 (.093) footcandles. Subd. 21. Multi -class Lighting. Any outdoor lighting used for more than one purpose, such as security and decoration, such that its use falls under the definition of two or more lighting classes. Subd. 22. Non -Residential Property. A property of which the primary use is not -residential regardless of planning zone location. Subd. 23. Opaque. A material which does not transmit light from an internal illumination source. Applied to sign backgrounds, opaque means that the area surrounding any letters or symbols on the sign either is not lighted from within, or allows no light from an internal source to shine though it. 829.Outdoor Lighting Ordinance Page 3 of 12 Medina City Code 829. Outdoor Lighting Ordinance Subd. 24. Outdoor Display Lot. An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. Subd. 25. Outdoor Light Fixture. An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices include, but are not limited to, lights used for parking lots; roadways; buildings and structures; landscaping; signs; and building overhangs and open canopies. Subd. 26. Person. Any individual, firm, business, partnership, joint venture, corporation or any other such entity, whether the owner, lessee or tenant of the property. Subd. 27. Residential Property. A property of which the primary use is residential regardless of planning zone location. Subd. 28. Sign, Externally Illuminated. A sign illuminated by light sources from the outside. Subd. 29. Sign, Internally Illuminated. A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign. Subd. 30. Sign, Neon. A sign including luminous gas -filled tubes formed into text, symbols or decorative elements and directly visible from outside the sign cabinet. Subd. 31. Sky Glow. The brightening of the night sky that results from the scattering of artificial visible radiation from the constituents of the atmosphere. Subd. 32. Spot Light or Lamp. A specific form of lamp designed by the manufacturer to direct its output in a specific direction (a beam) and with a clear or nearly clear glass envelope. Subd. 33. Use, Abandonment of. The cessation of a use or activity on a property by the owner or tenant for a period of 12 months or more, excluding temporary or short term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions that constitute the principle use of the property. 829. Outdoor Lighting Ordinance Page 4 of 12 Medina City Code 829. Outdoor Lighting Ordinance Section 829.03. Applicability. Subd. I. New Uses, Buildings and Major Additions or Modifications on Non -Residential Property. For all proposed new land uses, developments, buildings, and structures on non- residential property that require a permit, all outdoor lighting fixtures shall meet the requirements of this ordinance. All building additions of 25 percent or more in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this ordinance, shall invoke the requirements of this ordinance for the entire property, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting 25 percent or more of the lighted area for the parcel, no matter the actual amount of lighting already on a non -conforming site, shall constitute a major addition for purposes of this section. Subd. 2. Minor Additions on Non -Residential Property. Additions or modifications to existing land uses, developments, buildings and structures on non- residential property of less than 25 percent that require a permit shall require the submission of a complete inventory and site plan detailing all existing and proposed new outdoor lighting. New lighting on the site shall meet the requirements of this ordinance with regard to shielding and lamp type. Subd. 3. Time For Compliance. Notwithstanding anything herein to the contrary, all land uses, developments, buildings and structures on non-residential properties must be brought into compliance with this ordinance within two years of its effective date if adjacent to residential property or within five years in all other cases. Subd. 4. Resumption After Abandonment of Use. If a property or use with non- conforming lighting is abandoned as defined in Section 829.02, subd.31, all outdoor lighting shall be reviewed and brought into compliance with this ordinance before the use is resumed. Subd. 5. Roadways. Lighting for public or private roadways shall meet the requirements of this ordinance with regard to shielding and lamp type. Subd. 6. Sign Lighting. Notwithstanding anything herein to the contrary, the regulations of Section 829.05 related to Sign Lighting shall apply to all residential and Non -Residential Property in the City. 829. Outdoor Lighting Ordinance Page 5 of 12 Medina City Code 829. Outdoor Lighting Ordinance Section 829.04. Shielding and Outdoor Light Level Standards for All non -Residential Properties. Subd. 1. All nonexempt outdoor lighting fixtures shall have shielding as shown in Table 1. For exempt light fixtures refer to Section 829.10. Subd. 2. Any lamp greater than 2000 lumens installed must be shielded such that the lamp is not directly visible from any residential property. TABLE 1 - LAMP TYPE AND SHIELDING STANDARDS FOR ALL NON- RESIDENTIAL PROPERTIES LIGHTING ZONES USE CLASS & LAMP TYPE E4 E3 E2 E1 CLASS 1 LIGHTING (TASK ILLUMINATION): Initial Light Output Greater than or equal to 2000 Lumens F F F F Initial Light Output below 2000 Lumens (2) A(1) A(1) A(1) F CLASS 2 LIGHTING (GENERAL ILLUMINATION): Initial Light Output Greater than or equal to 2000 Lumens F F F F Initial Light output below 2000 Lumens (2) A(1) A(1) A(1) F CLASS 3 LIGHTING (DECORATIVE) (3): Initial Light Output Greater than or equal to 2000 Lumens F F X X Initial Light Output below 2000 Lumens (2) A(1) A(1) F F Use Codes: A - All types of fixtures allowed; shielding not required but highly recommended, except that any spot or flood light must be aimed no higher than 45 degrees above straight down. F - Only fully shielded fixtures allowed. X - Not allowed. Notes to Table 1. 1. Flood or spotlights must be aimed no higher than 45 degrees above straight down (halfway between straight down and straight to the side) when the source is visible from any off -site residential property or public roadway. 2. Seasonal decorations using typical unshielded low -wattage (less than 15 watts per bulb) incandescent lamps shall be permitted in all lighting zones. 3. All Class 3 lighting shall be extinguished between 11:00 p.m., or when the business closes, whichever is later, and sunrise. 4. Any lamp greater than 2000 lumens installed must be shielded such that the lamp is not directly visible from any residential property. 829.Outdoor Lighting Ordinance Page 6 of 12 Medina City Code 829. Outdoor Lighting Ordinance Subd. 3. No exterior lighted area may exceed the maximum light levels indicated in Table 2. Measurements are taken by holding the light meter at 5'-0" above the ground, in the vertical position aimed in the direction of the light source. TABLE 2. - MAXIMUM LIGHTING LEVELS AT PROPERTY LINE FOR ALL NON- RESIDENTIAL PROPERTIES ZONE AND DESCRIPTION PRE -CURFEW MAXIMUM ILLUMINATION LEVEL POST -CURFEW MAXIMUM ILLUMINATION LEVEL Zone E4 (high ambient brightness) 15 Lux (1.5 fc) 6 Lux (0.6 fc) Zone E 3 (medium ambient brightness) 8 Lux (0.8 fc) 2 Lux (0.2 fc) Zone E2 (low ambient brightness) 3 Lux (0.3 fc) 1 Lux (0.1 fc) Zone El (intrinsically dark) 1 Lux (0.1 fc) 1 Lux (0.1 fc) Subd. 4. All light fixtures that are required to be shielded shall be installed and maintained in such a manner that they are fully shielded light fixtures. Subd. 5. The maximum pole height for pole mounted luminaires shall be 30 feet plus a pole base not to exceed 30 inches high. Subd. 6. Beyond the shielding requirements of subd. 1 of this section, all light fixtures shall be located, aimed or shielded so as to minimize light trespass. Subd. 7. Multi -class lighting must conform to the shielding and timing restrictions, if any, that apply to the most restrictive included class. Section 829.05. Lighting for Signs. Subd. 1. External illumination for signs shall conform to all provisions of this ordinance. In particular, such lighting shall be treated as Class 1 lighting and shall conform to the lamp source, shielding restrictions and light levels of Section 829.04. All upward -directed sign lighting is prohibited. Subd. 2. Internally illuminated signs. (a) Portions of a Sign which do not include a logo or message shall be opaque or, if lighted, shall be constructed with a colored (not white, off-white, light gray, cream or yellow) background. (b) Neon signs, Light Emitting Diode (LED) signs, and other similar devices shall be treated as internally illuminated signs for the purposes of this ordinance and shall conform to all provisions of this ordinance. In particular, such lighting shall be treated as Class 3 lighting, shall not exceed 2000 Lumens of Initial Light Output, and shall conform to the light levels of Table 2. 829.Outdoor Lighting Ordinance Page 7 of 12 Medina City Code 829. Outdoor Lighting Ordinance (c) Other internally -illuminated panels or decorations not considered to be signs according to the sign ordinance, such as illuminated canopy margins or building faces and neon/LED banding, shall be considered Class 3 lighting, and shall be subject to the standards applicable to such lighting, including but not limited to the lamp source, shielding standards and light level requirements of Section 829.04. Subd. 3. Curfews. Illumination for signs and glass enclosed areas, shall be turned off at 10 PM or when the business closes, whichever is later. Illumination for signs and glass enclosed areas shall not be turned on until 6 AM or when the business opens, whichever is later. Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off timers. Light background (white, off-white, light gray, cream or yellow) internally illuminated signs, installed legally before enactment of this ordinance, shall be considered non -conformities but may continue to be used and illuminated so long as their use conforms to the curfews as indicated. Notwithstanding the above, signs with light backgrounds must be brought into compliance with this ordinance within the time periods specified in section 829.03, subd. 3 hereof. Subd. 4. Internally illuminated signs are not permitted in E1 Lighting Zones. Section 829.06. Special Uses. The following regulations apply to specific uses as follows: Subd. 1. Temporary Outdoor Display Lots. (a) Recognized display lots include building supply sales, gardening or nursery sales, assembly lots, swap meets, festivals or bazaars. Other uses not on this list must be approved as display lot uses by the zoning administrator. (b) Temporary permits are available for no more than 3 consecutive days or 14 days total in a year. (c) Outdoor automobile display lots are prohibited. (d) Lighting for display lots shall be considered Class 1. (e) All display lot lighting shall utilize fully shielded luminaires that are installed in a fashion that maintains their fully shielded characteristics. (0 The display lot shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the IESNA. (g) The display lot shall limit off -site light trespass (off the parcel containing the display lot) to a maximum of 10 lux (1.0 fc) at any location on any non-residential property, and 5 lux (0.5 fc) at any location on any residential property. Measurements are taken by holding the light meter at 5'-0" above the ground, in the vertical position aimed in the direction of the light sources. 829. Outdoor Lighting Ordinance Page 8 of 12 Medina City Code 829. Outdoor Lighting Ordinance (h) A registered engineer or certified lighting professional shall certify every display lot lighting system design and installation as conforming to all applicable restrictions of this ordinance. (i) Display lot lighting exceeding the light levels of Section 829.04 shall be turned off at the curfew listed or within thirty minutes after closing of the business, whichever is later. Lighting in the display lot after curfew shall be considered Class 2 lighting, and shall conform to all restrictions of this ordinance applicable to Class 2 lighting, including the light levels in Section 829.04. Subd. 2. Service Station Canopies. (a) Lighting for service station canopies shall be considered Class 2 lighting. (b) All luminaires mounted on or recessed into the lower surface of service station canopies shall be fully shielded and utilize flat lenses. (c) The total light output used for illuminating service station canopies, defined as the sum of all under -canopy initial bare -lamp outputs in lumens, shall not exceed 430 lumens per square meter (forty lumens per square foot) of canopy in Lighting Zones E3 and E4, and shall not exceed 215 lumens per square meter (twenty lumens per square foot) in Lighting Zones El and E2. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output. (d) The light levels at the property line must meet the requirements of Section 829.04. Subd. 3. Glass Enclosed Areas. Glass enclosed areas with transparent or translucent areas greater than 2,500 square ft. of continuous area within buildings must meet the curfews in Section 829.05 Subd. 3 or provide shielding to prevent illumination of surrounding areas and sky glow. Subd. 4. All lighting not directly associated with the special use areas above shall conform to the lighting standards described in this ordinance, including but not limited to the lamp type and shielding requirements of Table 1 and the light level limits of Table 2 of section 829.04. Section 829.07. Submission of Plans and Evidence of Compliance with Ordinance, Subdivision Plats on Non -Residential Property. Subd. 1. Submission Contents. The applicant for any permit on non-residential property required by any provision of the code of ordinances in connection with proposed work involving outdoor lighting fixtures shall submit as part of the permit application evidence that the proposed work will comply with this ordinance. Even if no other such permit be required, the installation or modification, except for routine servicing and same -type lamp replacement, of any exterior lighting shall require submission of the information described below. The application shall contain at least the following, all or part of which may be part 829. Outdoor Lighting Ordinance Page 9 of 12 Medina City Code 829. Outdoor Lighting Ordinance or in addition to the information required elsewhere in the code of ordinances upon application for the required permit: (a) Plans indicating the location on the site of each illuminating device, both proposed and any already existing. (b) Description of all illuminating devices, fixtures, lamps, supports, reflectors and shields, both proposed and existing. The description may include, but is not limited to, catalog cuts and illustrations by manufacturers, including sections where required. (c) Photometric data, such as that furnished by manufacturers or similar, showing the angle of cut off of light emissions. (d) Plans indicating compliance with light level requirements as indicated in Table 1, vertical illumination at the property line 5'-0" above grade, aimed at the center of the property. Refer to Subd. 6. Subd. 2. Additional Submission. The plans, descriptions and data submitted with the application must be sufficiently complete to enable the zoning administrator to readily determine whether the proposed work will comply with the requirements of this ordinance. If such determination cannot be made pursuant to the plans, descriptions and data, the applicant shall submit such additional evidence of compliance as may be required. Subd. 3. Subdivisions. If any application of any subdivision on non-residential property proposes to install street or other common or public area outdoor lighting, submission of the information as described in Subd. 1 of this section shall be required for all such lighting. Subd. 4. Lamp or Fixture Substitution. If any outdoor light fixture or the type of light source therein is changed after the permit has been issued, a change request must be submitted to the zoning administrator for approval together with adequate information to assure compliance with this ordinance prior to substitution. Subd. 5. If the zoning administrator determines that the proposed lighting does not comply with this ordinance, the permit shall not be issued nor the plan approved. Subd. 6. For all projects on non-residential property in which the total initial output of the proposed lighting equals or exceeds 50,000 lamp lumens, certification that the lighting, as installed, conforms to the approved plans shall be provided by a registered engineer or certified lighting professional before the certificate of occupancy is issued. Until this certification is submitted, no certificate of occupancy shall be issued for the project. 829. Outdoor Lighting Ordinance Page 10 of 12 Medina City Code 829. Outdoor Lighting Ordinance Section 829.08. Alternate Materials; Prohibitions. Subd. 1. Alternate Materials. The provisions of this ordinance are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this ordinance, provided any such alternate has been approved by the zoning administrator. The zoning administrator may approve any such proposed alternate, if it provides at least approximate equivalence to that applicable specific requirement of this ordinance and that it is otherwise satisfactory and complies with the intent of this ordinance. Subd. 2. Notwithstanding anything else herein to the contrary, the use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal and the operation of searchlights for advertising purposes are prohibited. Section 829.09. Temporary Exemption. Subd. 1. Request; Renewal; Information Required. Any request to the zoning administrator for a temporary exemption shall contain the following information: (a) specific ordinance exemption(s) requested; (b) duration of requested exemption(s); (c) proposed location on premises of the proposed light fixture(s); (d) purpose of proposed lighting; (e) information for each luminaire and lamp combination as required in section 829.07; (f) previous temporary exemptions, if any, and addresses of premises thereunder; and (g) such other data and information as may be required by the zoning administrator. Subd. 2. Approval; Duration. The zoning administrator shall have five business days from the date of submission of the request for temporary exemption to act on the request. All approvals must be in writing. If approved, the exemption shall be valid for not more than 30 days from the date of issuance. The approval is renewable upon further written request, at the discretion of the zoning administrator, for a maximum of one additional 30 day period. The zoning administrator is not authorized to grant more than one temporary permit and one renewal for a 30 day period for the same property within one calendar year. Subd. 3. Any person aggrieved by a decision of the zoning administrator made in the administration of this ordinance may appeal such decision pursuant to section 825.31 of the code of ordinances. Section 829.10. Other Exemptions. Subd. 1. Outdoor light fixtures lawfully installed prior to and operable on the effective date of this ordinance but which are not in compliance with this ordinance shall be Type C non - conformities. No change shall be made in use or lamp type, or any replacement, except for same -type and same -output lamp replacement or structural alteration, without conforming to all applicable requirements of this ordinance. If the use of a property is abandoned or if there is a change in use of the property, the provisions of this ordinance will apply when the abandonment ceases or the new use commences. Notwithstanding the above, lighting 829. Outdoor Lighting Ordinance Page 11 of 12 Medina City Code 829. Outdoor Lighting Ordinance fixtures on non-residential properties must be brought into compliance with this ordinance within the time periods specified in Section 829.03, subd. 3 hereof. Subd. 2. Emergency Lighting. Emergency lighting used by police, firefighting, or medical personnel or at their direction is exempt from all requirements of this ordinance for as long as the emergency exists. Subd. 3. Swimming Pool and Fountain Lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards of Table 1, but it must conform to all other provisions of this ordinance. Section 829.11. Miscellaneous. Subd. 1. Applicable Law; Conflicts. When any provision of federal or state statute, or other provision ordinance conflicts with any provision of this ordinance, the most restrictive shall govern unless otherwise regulated by law. Subd. 2. Severability. If any of the provisions of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect, and to this end, the provisions of this ordinance are declared to be severable. Amendment History of this Section Adopted November 6, 2001(Ord 347). Amended September 4, 2012 (Ord 535). Amending Sections 829.03 and 829.05. 829. Outdoor Lighting Ordinance Page 12 of 12 Agenda Item # 9A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: May 31, 2017 MEETING: June 6, 2017 City Council SUBJ: Conservation Design-PUD Ordinance Background The City Council reviewed amendments to the Conservation Design -Planned Unit Development (CD-PUD) ordinance at the May 17 meeting. The Council directed staff to snake changes which were discussed at the meeting. The attached ordinance incorporates the requested changes. The edits which were included in the May 17 draft are in blue. Changes which were suggested by Council member Martin or discussed at the meeting are in purple. Staff also incorporated potential language which would make conservation design an option for commercial and business property. These changes are in brown. Multiple colors are provided for reference only, if the Council adopts the ordinance, all of the changes will be converted to red text. The Planning Commission had recommended approval of the ordinance with the changes in blue following their hearing on May 9. Potential City Council Action Once the City Council has completed its review, the following motions would be in order: 1. Motion to adopt the ordinance related to Conservation Design. 2. Motion to adopt the resolution authorizing publication by title and summary. Attachment 1. DRAFT Ordinance 2. Resolution authorizing publication of the ordinance by title and summary Conservation Design-PUD Page 1 of 1 Ordinance June 6, 2017 City Council CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING CONSERVATION DESIGN; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 827.51 eq. seq. of the code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underlined language as follows: CONSERVATION DESIGN DISTRICT (CD) Section 827.51. Conservation Design (CD) — Purpose. The purpose of this district is to preserve the City's ecological resources, wildlife corridors, scenic views, and rural character while allowing residential development consistent with the goals and objectives of the City's Comprehensive Plan and Open Space Report as updated from time to time. The specific conservation objectives of this district are to: 1. Protect the ecological function of native hardwood forests, lakes, streams, and wetlands. 2. Protect moderate to high quality ecologically significant natural areas. 3. Protect opportunities to make ecological connections between parks and other protected lands and ecologically significant natural areas. 4. Protect important viewsheds including scenic road segments. 5. Create public and private trails for citizens to access and enjoy Open Space resources. 6. Create public and private Open Space for citizens to access and enjoy Open Space resources. Section 827.53 Applicability. Subd. 1. Conservation design is an option that a property owner is encouraged to consider as an alternative to Conventional Development, as defined herein. The City will give heightened consideration to conservation design applications that achieve significants requests where the opportunities to achieve conservation objectives are significantly higher than that availablenot otherwise attainable through conventional development. Conservation design may be considered on qualifying parcels lying in the Rural Residential District, and all sewered residential districts, and commercial or business districts. Section 827.55 Intent. Subd. 1. It is the intent of the City to accomplish the stated purpose of this District by approving a Planned Unit Development. In exchange for achieving the conservation Ordinance No. ### 1 DATE objectives, it is the intent of the City to provide permit additional density and to provide design flexibility and to encourage development review through a Collaborative Process. Subd. 2. The permitted, conditional and accessory uses and other regulations set forth in the existing zoning districts shall apply unless specifically addressed in this District, the PUD District, or,. if determined by the City Council to be inconsistent with the purpose and intent of this District, as part of the final PUD documents. Subd. 3. The procedures and regulations set forth in the PUD District shall apply unless specifically addressed in this District. If a final PUD plan is approved by the City, the subject property shall be rezoned to Conservation Design-PUD District (CD-PUD). The permitted uses and all other regulations governing uses on the subject land shall then be those found in the CD-PUD zoning district and documented by the PUD plans and agreements. The following subsections are requirements for all CD-PUDs unless exceptions, as part of a PUD, are otherwise approved by the City Council. Section 827.57. Definitions. Subd. 1. Base Density. The maximum number of units or lots that are allowed on a parcel in accordance with the standards of the existing zoning district and the Zoning and Subdivision Codes. Subd. 2. Buildable Land Area. The total land area in a proposed Conservation Design Subdivision less the amount of land that includes: slopes greater than 18%, wetlands, required wetland buffers, lakes, and land contained within the 100 year floodplain. Subd. 3. Collaborative Process. A development review process that results in a development plan in which clearly defined conservation objectives are achieved in exchange for greater flexibility from the requirements of the base zoning district and the Zoning and Subdivision Codes. Subd. 4. Conventional Development. Development that meets the standard minimum requirements of the City's ordinances regulating development. Subd. 5. Conservation Easement. As defined in Minnesota Statutes, Chapter 84C: A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open - space values of real property, assuring its availability for agricultural, forest, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. Subd. 6. Conservation Design Subdivision. Any development of land that incorporates the concepts of designated Conservation Areas and clustering of dwelling units. Ordinance No. ### 2 DATE Subd. 7. Conservation Area. Designated land within a Conservation Design Subdivision that contributes towards achievement of one or more of the conservation objectives. A Conservation Easement is placed on Conservation Areas to permanently restrict the Conservation Area from future development. Conservation Areas may be used for preservation of ecological resources, habitat corridors, passive recreation, and for pasture, hay cropping and other low impact agricultural uses. Subd. 8. Homeowners Association. A formally constituted non-profit association or corporation made up of the property owners and/or residents of a development for the purpose of owning, operating and maintaining common Conservation Areas and/or other commonly owned facilities and Open Space. Subd. 9. Open Space. Land that is not designated as a Conservation Area that is used for parks, trails or other uses. Open Space may be owned and managed by the City, homeowner's association or other entity. Subd. 10. Viewshed. The landscape or topography visible from a geographic point, especially that having aesthetic value. Subd. 11. Yield Plan. A conceptual layout that shows the maximum number of lots that could be placed on a parcel in accordance with the standards of the existing zoning district and the Zoning and Subdivision Codes. The Yield Plan shows proposed lots, streets, rights -of -way, and other pertinent features. Yield Plans shall be drawn to scale. The layout shall be realistic and reflect a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, and existing easements. Section 827.59. General Performance Standards. Subd. 1. Minimum Size of Subdivision. (a) The minimum land area required for development shall be: (1) 40 contiguous acres in the Rural Residential District (2) 20 contiguous acres in sewered residential districts (3) 10 contiguous acres in commercial or business districts (b) A subdivision in the Rural Residential District of over 20 contiguous acres but less than 40 contiguous acres may apply for approval if they -it meets all the requirements for of the CD-PUD District, and the visual impact of the subdivision from existing adjacent roadways is mitigated by existing topography, existing vegetation, and/or acceptable vegetative buffers. Subd 2. Required Conservation Area. The minimum required Conservation Area within the CD development shall be: (a) At least 30% of the total Buildable Land Area in the Rural Residential District, or higher depending on the land and opportunities to achieve the City's conservation objectives. (b) At least 20% of the total Buildable Land Area in sewered residential, commercial, Ordinance No. ### 3 DATE or business districts, or higher depending on the land and opportunities to achieve the City's conservation objectives. (a) The required amount of Conservation Area shall be designated and located to maximize achievement of the City's conservation objectives. Opportunities for achieving these objectives will vary depending on the location, size and specific qualities of the subject parcel. Each parcel will be evaluated for opportunities to achieve the following primary conventional development: (1) Parcels with opportunities to achieve the following primary conservation objectives will be given higher consideration for flexibility from performance standards. (1) The protection and/or restoration of the ecological function of native wetlands. (2) The protection, restoration, and/or creation of moderate to high quality ecological resources including the sensitive ecological resources identified as priority areas on the Composite Map of the Open Space Report as updated from time to time. (3) The reservation of land connecting these aquatic and terrestrial ecological resources in order to restore and/or create new ecological resources suitable for habitat movement corridors. (2) Parcels with opportunities to achieve the following secondary conservation objectives may be give i. The protection of scenic views and viewsheds including the views from roads identified as "Scenic Roads" on the Scenic Roads Map of the Open Space Report as updated from time to time. ii. The reservation of land for incorporating public and private trails in order to create connections to existing or planned trails as identified in the current Parks, Trails, and Open Space Plan. The f ,t-i- r lan f ,-.at-;,, r„ tii; , an or r ate Oper Space in order to achieve goals as identified in the Comprehensive Plan. shall be the same as the existing zoning district. applicant is not in agreement with the Composite Map of the Open Space Report or the data contained within a report on which the Composite Map is based upon, the applicant may present an appeal to the city. Subd. 1. The applicant shall put the appeal in writing, accompanied by the fee as described by the City's Fee Schedule, and is responsible to provide documentation supporting their appeal. Ordinance No. ### 4 DATE Subd. 2. The appeal shall be reviewed by city staff, with the assistance of any technical consultants which city staff shall determine are appropriate. Such consultants may include, but are not limited to, environmental engineers, wetland scientists, arborists and other similar experts. City staff shall make a determination on the appeal within sixty days of receipt of a complete appeal application. Subd 3. The applicant may app al city staff s decision to the city council. The appeal must be filed within thirty days of staffs determination. appeals described above, including the costs of technical consultants hired by the City. Section 827.61. Density and Design Flexibility. Flexibility from the requirements of the existing zoning district or other requirements of this code may be granted at the discretion of the City Council. In considering the amount, if any, of such flexibility, the City will evaluate the amount and quality of Conservation Area protected, the public access to or enjoyment thereof, and how well the project achieves the following conservation objectives over and above that achievable under conventional development and the amount and quality of conservation area protected. Subd. 1. Conservation Objectives and Determining Flexibility. Conservation Area(s) shall be designated and located to maximize achievement of the City's conservation objectives. Opportunities for achieving these objectives will vary depending on the location, size and specific qualities of the subject parcel. Each parcel will be evaluated for opportunities to achieve the following primary and secondary conservation objectives over and above that achievable under conventional development. (a) Parcels with opportunities to achieve the following primary conservation objectives will be given higher consideration for flexibility from performance standards. (1) The protection and/or restoration of the ecological function of native hardwood forests (e.g. Maple -Basswood Forest). (2) The protection and preservation of lakes, streams and wetlands beyond existing regulatory requirements. (3) The protection, restoration, and/or creation of moderate to high quality ecological resources including the sensitive ecological resources identified as priority areas on the Composite Map of the Open Space Report as updated from time to time. (4) The reservation of land connecting these aquatic and terrestrial ecological resources in order to restore and/or create new ecological resources suitable for habitat movement corridors. Ordinance No. ### 5 DATE (b) Parcels with opportunities to achieve the following secondary conservation objectives may be given consideration for flexibility from performance standards: (1) The protection of scenic views and viewsheds including the views from roads identified as "Scenic Roads" on the Scenic Roads Map of the Open Space Report as updated from time to time. (2) The reservation of land for incorporating public and private trails in order to create connections to existing or planned trails as identified in the current Parks, Trails, and Open Space Plan. (1)(31_ The reservation of land for incorporating public and /or private Open Space in order to achieve goals as identified in the Comprehensive Plan. Subd.12. Additional Density. (a) Density, in addition to the Base Density, may be granted at the discretion of the City Council. Any additional density or additional number of dwelling units shall be calculated as a percentage of Base Density. The Base Density shall be that established by regulations in the relevant existing zoning district. The granting of additional density shall be at the full and complete discretion of the City based upon the amount and quality of the Conservation Area protected, public access to or enjoyment thereof, and the extent to which the proposal meets the objectives over and above that achievable through Conventional Development. (1) In the Rural Residential District, Base Density shall be determined by calculating the number of 5-acre areas of contiguous soils suitable for a standard sewage disposal system that are located on the subject property. (2) In sewered residential districts, a Yield Plan shall be developed to determine Base Density. Regulations of the base district and all other relevant land use regulations of this Code shall be used for completing the Yield Plan. (b) The total number of dwelling units in a CD-PUD development shall be guided by the density limitations contained in the Comprehensive Plan and may be: (1) Up to 200% ofA maximum of twice the amount of the calculated Base Density in the Rural Residential District, provided that the maximum density bonus will only be granted in exceptional circumstances. (2) Up to 120% ofA maximum of 1.2 times the calculated Base Density in all sewered residential districts. Subd. 23. Other areas of flexibility (a) In the Rural Residential District, flexibility may include: (1) Lot size, lot width and structure setbacks provided setbacks comply with the following minimums: i. Setback from local streets: 35 feet. ii. Setback from Arterial and Collector Streets: 100 feet. iii. Interior structure setbacks: 30 feet. Perimeter setbacks: Minimum structure setbacks from the perimeter of the subdivision shall be 50 feet. (2) Housing type. (3) Upland buffers and tree preservation regulations provided that the objectives of Ordinance No. ### 6 DATE these regulations are met for the site as a whole. (4) Due consideration may be given for conservation easements granted when calculating park dedication requirements. (5) Variations to City regulations regarding septic systems. (b) In all sewered residential districts, flexibility may include: (1) Lot size, lot width, and structure setbacks, except that setbacks from the perimeter of the subdivision shall be equal to or greater than that required in the underlying zoning district. (2) Housing type. (3) Landscaping. (4) Screening. (5) Upland buffers and tree preservation regulations provided that the objectives of these regulations are met for the site as a whole. (6) Buffer yard. (7) Due consideration may be given for conservation easements granted when calculating park dedication requirements. (c) In commercial or business districts, flexibility may include: (1) Lot size, lot width, and structure setbacks. (2) Building height limitations, provided that the City determines that adequate emergency and fire access are provided in consultation with the fire department. (3) Landscaping. (4) Screening. (5) Loading dock and outside storage requirements. (6) Upland buffers and tree preservation regulations provided that the objectives of these regulations are met for the site as a whole. (7) Buffer yard. (8) Due consideration may be given for conservation easements granted when calculating park dedication requirements. Section 827.63. Conservation Area Protection and Ownership. Subd. 1. Land and improvements in areas designated as Conservation Areas in a CD-PUD shall be established, protected and owned in accordance with the following guidelines: (a) Designated Conservation Areas shall be surveyed and subdivided as separate outlots. (b) Designated Conservation Areas must be restricted from further development by a permanent Conservation Easement (in accordance with Minnesota Statute Chapter 84C.01-05) running with the land. The Conservation Easement must be submitted with the General Plan of Development and approved by the City Attorney. (1) The permanent Conservation Easement may be held by any combination of the entities defined by Minnesota Statute Chapter 84C, but in no case may the holder of the Conservation Easement be the same as the owner of the underlying fee. (2) The permanent Conservation Easement shall be recorded with Hennepin County and must specify: i. The entity that will maintain the designated Conservation Area. Ordinance No. ### 7 DATE ii. The purposes of the Conservation Easement, that the easement is permanent, and the conservation values of the property. iii. The legal description of the land under the easement. iv. The restrictions on the use of the land and from future development. v. To what standards the Conservation Areas will be maintained through reference to an approved land stewardship plan. vi. Who will have access to the Conservation Area. (3) Ownership of the underlying fee of each designated Conservation Area parcel, may be held by any combination of the following entities: i. A common ownership association, subject to the provisions in the PUD District. ii. An individual who will use the land in accordance with the permanent Conservation Easement. iii. A private nonprofit organization, specializing in land conservation and stewardship, that has been designated by the Internal Revenue Service as qualifying under section 501 (c) (3) of the Internal Revenue Code. iv. A government agency (e.g. park and/or natural resource agency or division). v. The City of Medina, in rare situations when there are no other viable options. (c) Open Space areas that do not achieve the City's conservation objectives may be established under a homeowner's association without protection by a Conservation Easement. Such areas shall be regulated according to provisions of the PUD District. Section 827.65. Land Stewardship Plan. Subd. 1. Plan Objectives. Where a CD-PUD has designated Conservation Areas, a plan for the development, long-term use, maintenance, and insurance of all Conservation Areas, may be required. The plan shall: (a) Define ownership and methods of land protection. (b) Establish necessary regular and periodic operation and maintenance responsibilities. (c) Estimate staffing needs, insurance requirements, and other associated costs associated with plan implementation and define the means for funding the same on an on -going basis. This shall include land management fees necessary to fund monitoring and management of the Conservation Easement by the easement holder. The fees shall be estimated and validated by the proposed easement holder. (d) Meet the requirements of the future conservation easement holder. Subd. 2. Plan Submittal Requirements. A preliminary Land Stewardship Plan shall be submitted with the General Plan of Development. A Final Land Stewardship Plan shall be submitted with the Final Plan Stage of PUD development. The plan shall contain a narrative describing: (a) Existing conditions, including all natural, cultural, historic, and scenic elements in the landscape; (b) Objectives for each Conservation Area, including: (1) The proposed permanent or maintained landscape condition for each area. Ordinance No. ### 8 DATE (2) Any restoration measures needed to achieve the proposed permanent condition, including: i. Measures for correcting increasingly destructive conditions, such as erosion and intrusion of invasive plant species. ii. Measures for restoring historic features (if applicable). iii. Measures for restoring existing or establishing new landscape types. A maintenance plan, including: i. Activities needed to maintain the stability of the resources, including mowing and burning schedules, weed control measures, planting schedules, and clearing and cleanup measures and schedules. ii. An estimate of the annual on -going (post restoration) operating and maintenance costs. (3) Subd. 3. Funding of Operation and Maintenance. At the discretion of the City, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of Conservation Areas for up to four years depending on restoration measures. Subd. 4. Enforcement. In the event that the fee holder of the Conservation Areas, common areas and facilities, or any successor organization thereto, fails to properly maintain all or any portion of the aforesaid common areas or facilities, the City in coordination with the holder of the easement, may serve written notice upon such fee holder setting forth the manner in which the fee holder has failed to maintain the aforesaid common areas and facilities. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the fee holder-, or any successor organization, shall be considered in violation of this Ordinance, in which case the City shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the City shall be assessed against the properties that have the right of enjoyment of the common areas and facilities. Section 827.67. Conservation Area Design Standards. The following Conservation Area design standards shall also be considered in designing the CD-PUD: Subd. 1. Conservation Areas should be interconnected wherever possible to provide a continuous network of Open Space within the PUD and throughout the City. It should coordinate and maximize boundaries with Conservation Areas and Open Space on adjacent tracts. Subd. 2. Incorporate public and private trails with connections to existing or planned regional trails as identified in the most recent Park, Trail and Open Space Plan. Subd. 3. Designated public access trails shall be protected by an access easement owned by the City. Ordinance No. ### 9 DATE Subd. 4. Incorporate public and/or private Open Space as designated in the Comprehensive Plan. Subd. 5. Views of new dwellings from exterior roads and abutting properties should be minimized by the use of existing topography, existing vegetation, or additional landscaping. Ridge and hilltops should be contained within designated Conservation Areas wherever possible. Trees should not be removed from ridges and hilltops. Subd. 6. The boundaries of designated conservation areas shall be clearly delineated and labeled on CD-PUD plans. These areas shall be delineated in the field with signage or other measures approved by the city. Subd. 7. Stormwater management facilities may be located in designated conservation areas. Subd. 8. Existing land in row -cropping use shall be converted to a use that supports the achievement of the City's conservation objectives. Section 827.69. Landscape Design Standards. Subd. 1. Street trees may be planted, but are not required, along internal streets passing through common Conservation Areas or Open Space. Subd. 2. Irregular spacing is encouraged for street trees, to avoid the urban appearance that regular spacing may invoke. Subd. 3. The selection of vegetation should be guided by the natural community types identified in the City's 2008 Natural Resources Inventory. Subd. 4. Planted buffers between clusters of residential lots are encouraged to enhance privacy and a rural appearance between lots. Subd. 5. Buffers consisting of an informal arrangement of native plant species combined with infrequent mowing are strongly encouraged, to create a low -maintenance, natural landscape. Subd. 6. Planted buffers are also encouraged along natural drainage areas to minimize erosion. Subd. 7. Grading for Conservation Areas and other common landscaped areas and stormwater management areas shall be avoided to reduce compaction and impacting water infiltration rates. Soil testing and decompaction may be required if site construction activities negatively impact soil permeability. Ordinance No. ### 10 DATE Subd. 8. Better Site Design/Low Impact Development practices as identified in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency shall be used to design sites and meet the performance standards. Section 827.71. Subsurface Sewage Treatment Facilities. Subd. 1. Where city services are not available, CD-PUD developments may be platted to accommodate home site lots with either individual septic tanks and all required drainfields/mound systems located on the lot, or individual septic tanks and primary drainfield/mount system located on the lot and secondary drainfields/mound system located in the designated Conservation Area or other Open Space. Subd. 2. All septic systems shall conform to the current performance standards of Minnesota Rules Chapter 7080 and its appendices, or the amended Rules in effect at the time of installation. Except in instances where flexibility has been explicitly granted by the City, septic systems shall also conform to relevant City regulations, including the requirement to identify a primary and secondary drainfield site. Subd. 3. The City may consider shared sewage treatment systems which are consistent with Minnesota Pollution Control Agency (MPCA) regulations and relevant City ordinances, provided adequate agreements are in place related to monitoring and maintenance procedures and replacement of the system in case of a failure. Subd. 4. Secondary drainfields/mound systems may be located in designated Conservation Areas and other Open Space provided that: (a) They are located within a limited distance of the lots they serve. (b) Construction of drainfields/mound systems do not result in the destruction of ecological resources. (c) The Conservation Area or Open Space parcel containing the drainfield/mound system is owned in fee by a common ownership association which owns non -Conservation Area land within the subdivision and in which membership in the association by all property owners in the subdivision is mandatory. (d) The individual lot owner is responsible for maintenance and repair of the drainfield/mound system. (e) The ground cover over the drainfield/mound system is maintained according to the Land Stewardship Plan. (f) Recreational uses are prohibited within 50 feet of the drainfields/mound systems. (g) The Conservation Easement for the dedicated Conservation Area parcel describes the location of individual drainfields/mound systems. Section 827.72 Open Space Report Composite Map Appeal Process. In the event that an applicant is not in agreement with the Composite Map of the Open Space Report or the data contained within a report on which the Composite Map is based upon, the applicant may present an appeal to the city. Subd. 1. The applicant shall put the appeal in writing, accompanied by the fee as described Ordinance No. ### 11 DATE by the City's Fee Schedule, and is responsible to provide documentation supporting their appeal. Subd. 2. The appeal shall be reviewed by city staff, with the assistance of any technical consultants which city staff shall determine are appropriate. Such consultants may include, but are not limited to, environmental engineers, wetland scientists, arborists and other similar experts. City staff shall make a determination on the appeal within sixty days of receipt of a complete appeal application. Subd 3. The applicant may appeal city staff s decision to the city council. The appeal must be filed within thirty days of staffs determination. Subd. 4. The applicant shall be responsible for the costs accrued by the City in review of the appeals described above, including the costs of technical consultants hired by the City. Section 827.73. Site Design Process. At the time of PUD Concept Plan development and review, applicants shall demonstrate that the following design process was performed and influenced the design of the concept site plan. Subd. 1. Step 1—Identify Conservation Areas. Identify preservation land in two steps. First identify "unbuildable" areas which include: slopes greater than 18%, wetlands, wetland buffers, lakes, and land within the 100 year floodplain. Next, identify Conservation Areas which include those areas designated as Conservation Areas (Section 827.59 Subd. 3.) The remaining land shall be identified as the potentially Buildable Land Area. The applicant shall identify the quantity of land designated as unbuildable, Conservation Area, and potentially Buildable Land Area. Subd. 2. Step 2—Locate Housing Sites. Locate the approximate sites of individual houses in regard to protected views and the potentially buildable land areas. Subd. 3. Step 3—Align Streets and Trails. Align streets in order to access the lots. New trails and connections to regional trail systems, if any, should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. Subd. 4. Step 4—Lot Lines. Draw in the lot lines. Section 827.75. CD-PUD Application Processing. The review and approval procedures of the PUD District shall be used to review and approve CD-PUDs. Prior to the Concept Plan Stage PUD application, the City encourages applicants to engage in an informal collaborative project goal setting process with the City. The purpose of this process is to jointly develop site design and conservation objectives and assess areas of regulatory flexibility for achieving developer and City objectives for the specific parcel of land. The Collaborative Process may include council members, city commission members, land owners, developers, city staff, other governmental jurisdiction staff, the potential future Conservation Easement holder, and other participants as appropriate. The outcome of the process Ordinance No. ### 12 DATE is a Project Guidance Report prepared by city staff. The report will summarize the project concept, project objectives, and preliminary understanding of regulatory flexibility needed to achieve the objectives. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2017. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Published in the Crow River News on the day of. , 2017 Ordinance No. ### 13 DATE Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017-## 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 regarding conservation design; 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 thirteen 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 clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. ###, an ordinance regarding Conservation Design. The ordinance amends regulations related to the Conservation Design -Planned Unit Development (CD-PUD) in order to more explicitly state that the flexibility permitted under the CD-PUD district is based upon the amount and quality of conservation area protected and how well the conservation meets the objectives of the City. The full text of Ordinance No. ### is available from the city 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 clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2017-## DATE Dated: DATE. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-## 2 DATE MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 1, 2017 SUBJ: Planning Department Updates — June 6, 2017 City Council Meeting Land Use Application Review A) Johnson Accessory Dwelling Unit CUP — Robin Johnson has requested a CUP to allow an accessory dwelling unit in an accessory structure at 1325 Tamarack Drive. The Planning Commission held a public hearing at the May 9 meeting and recommended approval. The request is scheduled to be presented at the June 6 meeting. B) Dykhoff Septic Variance — 3396 Elm Creek Drive — Michael Dykhoff has requested a variance to reduce the required 75 foot setback for a replacement septic system from wetlands. The only area on the property which could accommodate a mound system is approximately 50 feet from a wetland. Staff intends to present the request for a public hearing at the June 6 meeting. C) Lunski Preliminary Plat, Rezoning, Site Plan Review — Lunski, Inc. has applied for approvals for a development of 90 units of mixed senior housing, 24,767 s.£ of office, and 4,100 s.f. commercial north of Highway 55 and west of Mohawk Drive. Staff is conducting a preliminary review and will schedule for public hearing when complete, potentially at the June 13 Planning Commission meeting, but likely at the July 11 Planning Commission meeting. D) MultiFamily Residential Setback Amendment — Brian Fragodt has requested that the City consider amending its zoning code to permit a reduced rear setback within the MR zoning district for property adjacent to commonly -owned open space. The property owner owns a twinhome at 3500 Pinto Drive, which backs up on a large Outlot owned by the HOA. Other districts in the City permit such a reduction and the owner seeks to expand their existing deck. The request is tentatively scheduled for a public hearing at the June 13 Planning Commission meeting. E) Reserve Phase HPUD Concept — Toll Brother has requested review of a concept plan for a potential Planned Unit Development for the future phases of the Reserve project. The applicant proposes to plat the same amount of lots, but to narrow many of the lots in order sell 4 acres of land to the City for a City park. The matter is tentatively scheduled for a Public Hearing at the June 13 Planning Commission meeting. F) School Lake Nature Preserve CD-PUD — Wally and Bridget Marx have requested review of a PUD General Plan of development and preliminary plat for a conservation design subdivision to include 6 lots and conservation of 70 acres (11.76 buildable). The matter is tentatively scheduled for a Public Hearing at the June 13 Planning Commission meeting. G) 4035 Apache Drive Animal Structure Setback variance — Joe Molde has requested a variance to reduce the required animal structure setback of 150 feet for a small chicken coop. It appears that no location on the subject site could meet the 150 foot setback. The Planning Commission reviewed at their April 18 meeting and recommended approval. The City Council adopted a resolution of approval at the May 16 meeting. The project will now be closed. H) Three Rivers Park/We Can Ride CUP — 4301 County Road 24 — Three Rivers Park District and We Can Ride have requested a conditional use permit amendment to allow We Can Ride, a nonprofit that provides programming to individuals with disabilities or special needs, to occupy the stable previously utilized by Three Rivers Park mounted patrol. The Planning Commission held a public hearing on the request at their March 20 meeting and Planning Department Update Page 1 of 2 June 6, 2017 City Council Meeting recommended approval of the request. The Council adopted resolutions for approval on April 18. Staff will work with the applicant on meeting the conditions of approval. I) Woodridge Church, AutoMotorPlex, Hamel Brewery, St. Peter and Paul Cemetery — The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. J) Woods of Medina — This preliminary plat has been approved and staff is awaiting a final plat application K) Capital Knoll, Hamel Haven subdivisions — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plats are recorded Other Proiects A) Comprehensive Plan — The draft Comprehensive Plan has been routed to affected jurisdictions for their review. Staff intends to send a follow-up after a few months in attempt to receive comments sooner in the 6-month period. B) Conservation Design-PUD Regulations — The Planning Commission held a public hearing at the May 9 meeting and recommended approval of an amendment to the ordinance. Staff presented the ordinance to the City Council at the May 16 meeting and has made the changes requested for Council review at the June 6 meeting. C) Nursing Home/Memory Care/Assisted Living regulations; R-4 Zoning District Regulations — The Planning Commission held a Public Hearing on regulations for the high density residential zoning districts at the May 9 meeting. The Commission also discussed regulations related to nursing homes, memory cares, and assisted living facilities. The Commission recommended approval of an amendment to the R-4 and R-5 district which is intended to be presented to the Council on June 6. D) Cable Franchise/Broadband discussion — staff met with a representative from Mediacom related to the use of the Broadband grant to finalize construction in Medina. Staff will present information on this discussion to the Council on June 6. Staff is waiting for the 2017 buildout map from Mediacom. E) Predatory Offender Ordinance — Planning staff made changes to the ordinance as discussed by the Council and updated the map. Staff also provided the City of Loretto with a map for their discussion as requested by the Public Safety Director. F) GIS and Planning Intern interviews — staff conducted interviews with potential intern candidates. Background check is underway and staff will make an offer afterwards. Planning Department Update Page 2 of 2 June 6, 2017 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 non -emergency: 763-525-6210 MEMORANDUM Emergency 9.1_1 TO: FROM: DATE: RE: Mayor Robert Mitchell and City Council Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson June 1, 2017 Department Updates Bike Rodeo Our 2017 Bike Rodeo was moved to the Police and Public Works Facility due to the rain and cold weather. The facility worked great for the event. The turnout was low due to the weather but the kids that showed up had a great time. Next year, we are planning on having the event at our facility. We will advertise it as a rain or shine event. The garage was large enough to handle the event. In good weather the course will be set up in the large parking lot at our facility. Department Shoot On May 24th, we held our second quarter department shoot. Officer McGill conducted the training. We shot both our handguns and our rifles. The training was excellent. With the new 9mm handgun, the practice shoot was good to get familiar with the way they shoot compared to the old 40 caliber handguns. We all like the new weapons. Hiring Process As of May 25th, we had 36 applications for the officer position. On Friday, May 26th, we evaluated and scored the applications. We will be bringing in approximately 22 candidates for the written test on June 8th; interviews to follow over the following two weeks. Patrol by Sergeant Nelson Training On May 24th, Officer McGill conducted firearms training at the Delano Range. This was the second time we practiced with our new 9mm handguns. Patrol Activities For the dates of May 9 to May 30, 2017, our officers issued 100 citations and 85 warnings for various traffic infractions. There were a total of six traffic accidents, two DWIs, 13 medicals and 16 alarms. On May 12th, Officer McGill responded to the Holiday Gas Station to take a report of a counterfeit $100 bill that was passed. The case was forwarded to Investigations to follow up on who passed the bill. On May 15th, Officer McGill, along with several other officers, assisted in recovering a stolen vehicle in the Holiday Gas Station parking lot in Delano. Several people were taken into custody. On May 17th, Officer Gregory and I were dispatched to an intoxicated female who needed assistance. Upon arrival, we located the intoxicated female whom we are familiar with. She was extremely intoxicated and was transported to Mission Detox. On May 19th, I took a child maltreatment report from Hennepin County Child Protection regarding a young mother who lives in the community and has an infant child. The mother is reported to be using heroin and there was a concern for the child. The child's father has already lost his custodial rights due to heroin use and it was determined that the child will be safe with the grandparents. Social Services will continue to work with the family. On May 2152, Officer Gregory took a theft of a motor vehicle from Burda's Towing. The vehicle was stolen from the impound lot. The case has been forwarded to Investigations; the vehicle has since been recovered and two males have been arrested in Scott County. On May 25th, Officer McKinley responded to Target for two shoplifters that were in custody. Both young females admitted to stealing several items because they are poor. Both were issued citations and issued trespass letters. On May 28th, Officer Boecker was dispatched to a male that was having trouble breathing. Upon arrival, it was discovered that the male had stopped breathing. Officer Boecker and Long Lake Fire and Rescue attempted to revive the male but to no avail. The male was pronounced deceased. It was learned that the male had a heart history and that he was supposed to have a surgery for his heart that had been cancelled or postponed. Investigations by Investigator Kevin Boecker After receiving an additional lead in the theft of an enclosed trailer belonging to the Northstar Camaro Club, the trailer was recovered in Richmond, Minnesota (west of Cold Springs). The trailer has been returned to the owner and charges are pending on an identified suspect. Completed a background investigation for an on -sale liquor license. The report was forwarded to Chief Belland. Identity theft case forwarded to Hennepin County Attorney's Office for charging consideration. Damage to property case closed after suspect agreed to pay the victim restitution for the damages. Victim agreed to accept restitution and not to pursue charges against the suspect. Received a Hennepin County Child Protection case by fax. Investigation revealed the alleged incident took place in another jurisdiction. Victim was referred to other agency and Hennepin County Child Protection was advised. A vehicle stolen from an impound lot was recovered in Scott County. Two suspects found inside the vehicle were arrested. Both suspects were interviewed and a suspect was identified in the theft of the vehicle. The investigation is ongoing. There are currently nine open cases assigned to Investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: May 31, 2017 MEETING: June 6, 2017 SUBJECT: Public Works Update STREETS • We have several ditching projects around the City, most of which have just been building up over the years and creating drainage issues for resident's lawns. • Public Works will be starting to patch blacktop around the City. There really are not a lot of bad areas, just some pot holes here and there. • Deer Hill Road has received the first lift of pavement and looks good; however, there are several erosion control repairs to be made throughout the site. WATER/SEWER/STORMWATER • We continue to monitor the sewer flow throughout the City in order to identify any issues with our system to reduce the I/I into the system. Public Works has repaired several different sources of inflow to this point. • Irrigation season is upon us so we will be pumping large amounts of water to the Lennar addition from well #land #8. There will also be an increase in the flow from the treatment plant for the homes that were grandfathered in prior to the ban on treated water for irrigation. • We will be meeting with the City of Corcoran to discuss a water interconnect with the two cities as Corcoran's system reaches Hackamore Road near the Wild Meadows Addition. PARKS/TRAILS • The parking area at the Paul Fortin Field at Hamel Legion Park has had the first lift of pavement installed. If you have a chance when you're in town, swing by and look at the project. It really cleaned up the neighborhood and gives the park a finished look. • We have been doing some tree cleanup in Tomann Park. PW will also be doing some spraying for weeds and brush cutting in the park. This park is a great walk for the nature lovers and we are making sure it's a great experience for those that use it. MISCELLANEOUS • I will be working to gather quotes and/or a new service provider for the brush grinding. As I've mentioned previously, our current contractor will not grind brush free of charge moving forward. The bio mass burn plants are going to be shut down and the value of the brush has been reduced to nothing. I will check into other leads and will have a report for you in the near future. • I inspected the German Liberal Cemetery before the Memorial Day ceremony that is held there each year and felt that the PW crew needed to spend some time cleaning it up and making it a little more presentable. ORDER CHECKS MAY 17, 2017 - JUNE 6, 2017 045901 DOWLURU BHARGAV $250.00 045902 J.V. INDUSTRIES INC $2,590.00 045903 KILARI, MUKHARJEE $250.00 045904 SAMS CLUB $317.04 045905 CHURCH OF JESUS CHRIST OF LDS $400.00 045906 DAVID WEEKLEY HOMES $80.00 045907 ELECTRONIC & APPLIANCE $2,682.13 045908 MINNETONKA HOPKINS GYMNASTICS $150.00 045909 NIEMAN, DANIEL/KATHY $3.20 045910 OLKON, ELLIS $1,416.61 045911 QURAISHI, NAGHMA $250.00 045912 GREAT START MONTESSORI SCHOOL $250.00 045913 HAMEL FIRE RELIEF ASSN $3,000.00 045914 KOPP, DEBBIE $150.00 045915 GUY OR JENNIFER PETTIS $67.09 045916 ROBERG, CINDY $26.73 045917 WALCHER SUZANNE $150.00 045918 A-1 OUTDOOR POWER INC $37.99 045919 ABDO, EICK & MEYERS LLP $6,000.00 045920 AUTOMATIC SYSTEMS CO $672.60 045921 BEAUDRY OIL & PROPANE $2,770.64 045922 BERGANKDV, LTD $1,125.00 045923 BIFFS INC $957.30 045924 DITTER INC $1,062.00 045925 DPC INDUSTRIES INC $3,822.50 045926 ECM PUBLISHERS INC $348.27 045927 ESS BROS. & SONS, INC. $505.00 045928 FORTERRA BUILDING PRODUCTS $986.67 045929 GOODIN COMPANY $33.72 045930 HD SUPPLY WATERWORKS LTD $515.00 045931 HOTSY EQUIPMENT OF MN INC $749.85 045932 IYAWE AND ASSOCIATES $17,096.03 045933 KD & COMPANY RECYCLING INC $602.28 045934 KENNEDY & GRAVEN CHARTERED $11,853.20 045935 LARKIN AUTO $80.13 045936 LAW ENFORCEMENT LABOR $343.00 045937 MADISON NATIONAL LIFE $634.66 045938 MARCO INC $63.95 045939 MCFOA $40.00 045940 MEDIACOM OF MN LLC $60,000.00 045941 METRO WEST INSPECTION $450.00 045942 CITY OF MINNEAPOLIS MUNICIPAL $138.00 045943 MN DEPT OF PUBLIC SAFETY $22.00 045944 MN SAFETY COUNCIL INC $810.70 045945 MOTLEY AUTO SERVICE LLC $824.50 045946 NAPA OF CORCORAN INC $263.05 045947 NELSON ELECTRIC MOTOR REPAIR $1,337.50 045948 OFFICE DEPOT $355.49 045949 RANDY'S SANITATION INC $2,930.52 045950 ROLF ERICKSON ENTERPRISES INC $7,566.35 045951 SENSUS USA INC $1,949.94 045952 SITEONE LANDSCAPE SUPPLY LLC $894.95 045953 STREICHER'S $315.39 045954 SUN LIFE FINANCIAL $604.40 045955 TEGRETE CORP $1,404.00 045956 TIMESAVER OFFSITE $575.13 045957 UFC FARM SUPPLY $7.99 045958 WESTSIDE WHOLESALE TIRE $25.00 045959 WSB & ASSOCIATES $19,259.50 Total Checks $162,067.00 ELECTRONIC PAYMENTS MAY 17, 2017 - JUNE 6, 2017 004153E PR PERA $14,937.54 004154E PR FED/FICA $16,806.97 004155E PR MN Deferred Comp $2,470.00 004156E PR STATE OF MINNESOTA $3,465.11 004157E SELECT ACCOUNT $751.45 004158E CITY OF MEDINA $21.00 004159E AFLAC $394.88 004160E SELECT ACCOUNT $5,168.71 004161E SELECT ACCOUNT $2,742.08 004162E MINNESOTA, STATE OF $1,022.00 004163E PR PERA $13,849.72 004164E PR FED/FICA $16,227.37 004165E PR MN Deferred Comp $2,470.00 004166E PR STATE OF MINNESOTA $3,278.06 004167E SELECT ACCOUNT $736.07 004168E CITY OF MEDINA $20.00 004169E SELECT ACCOUNT $743.90 004170E CIPHER LABORATORIES INC $4,753.00 004171E DELTA DENTAL $2,491.85 004172E KONICA MINOLTA $168.48 004173E MARCO (LEASE) $774.48 004174E MEDIACOM OF MN LLC $355.80 004175E XCEL ENERGY $8,600.64 004176E WRIGHT HENN COOP ELEC ASSN $1,885.47 Total Electronic Checks $104,134.58 PAYROLL DIRECT DEPOSIT MAY 17 & 31, 2017 507912 ALTENDORF, JENNIFER L $1,332.97 507913 BARNHART, ERIN A. $1,997.94 507914 BELLAND, EDGAR J $2,570.18 507915 BOECKER,KEVIN D. $2,761.30 507916 CONVERSE, KEITH A $4,336.86 507917 DINGMANN, IVAN W $1,865.85 507918 ENDE, JOSEPH $1,669.08 507919 FINKE, DUSTIN D. $2,178.54 507920 GALLUP, JODI M $1,886.87 507921 GLEASON, JOHN M. $1,779.60 507922 GREGORY, THOMAS $1,924.16 507923 HALL, DAVID M. $2,020.74 507924 JESSEN, JEREMIAH S $2,037.77 507925 JOHNSON, SCOTT T. $2,242.53 507926 KLAERS, ANNE M $1,154.57 507927 LANE, LINDA $1,492.97 507928 LEUER, GREGORY J. $1,955.25 507929 MCGILL, CHRISTOPHER R $1,470.20 507930 MCKINLEY, JOSHUA D $1,514.79 507931 NELSON, JASON $2,469.30 507932 PETERSON, DEBRA A $1,684.69 507933 REINKING, DEREK M $1,591.50 507934 SCHARF, ANDREW $431.68 507935 SCHERER, STEVEN T. $2,289.30 507936 SWALCHICK, CRAIG M $373.29 507937 VIEAU, CECILIA M. $1,138.40 507938 ALTENDORF, JENNIFER L $1,332.97 507939 BARNHART, ERIN A. $2,000.45 507940 BELLAND, EDGAR J $2,624.64 507941 BOECKER, KEVIN D. $2,203.86 507942 CONVERSE, KEITH A $2,232.23 507943 DINGMANN, IVAN W $1,572.50 507944 ENDE, JOSEPH $1,468.63 507945 FINKE, DUSTIN D. $2,200.78 507946 GALLUP, JODI M $1,763.75 507947 GLEASON, JOHN M. $2,205.39 507948 GREGORY, THOMAS $1,906.78 507949 HALL, DAVID M. $2,056.91 507950 JESSEN, JEREMIAH S. $2,512.95 507951 JOHNSON, SCOTT T. $2,283.49 507952 KLAERS, ANNE M $1,182.71 507953 LANE, LINDA $620.66 507954 LEUER, GREGORY J. $2,159.25 507955 MCGILL, CHRISTOPHER R. $1,544.53 507956 MCKINLEY, JOSHUA D $1,864.18 507957 NELSON, JASON $2,406.09 507958 PETERSON, DEBRA A $1,736.68 507959 REINKING, DEREK M $1,659.87 507960 SCHARF, ANDREW $486.88 507961 SCHERER, STEVEN T. $2,354.73 507962 VIEAU, CECILIA M. $1 169.62 Total Payroll Direct Deposit $93,720.86