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HomeMy Public PortalAbout06.20.2017 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 20, 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 June 6, 2017 Regular Council Meeting V. CONSENT AGENDA A. Approve Cemetery Operation and Maintenance Agreement with Jan's Lawn and Landscape B. Approve German Liberal Cemetery Custodian Services Agreement with Joe Kittok C. Approve Maintenance Building Painting Agreement with Sunrise Painting and Wallcovering, Inc. D. Approve 2018 Contract for Assessing Services with Southwest Assessing E. Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Medina and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in FY 2018-2020 F. Ordinance Regarding Conservation Design; Amending Chapter 8 of the City Code G. Resolution Authorizing Publication of the Conservation Design Ordinance by Title and Summary H. Resolution Granting Wetland Setback Variance to Donald Dykhoff for an Individual Sewage Treatment System at 3396 Elm Creek Drive I. Resolution Granting Conditional Use Permit Approval to Robin Johnson at 1325 Tamarack Drive VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Reserve of Medina — Phase II PUD Concept Plan B. Brian Fragodt — Multi -Family Residential (MR) Rear Setback Zoning Ordinance Text Amendment 1. Ordinance Regarding Rearyard Setbacks Abutting Open Space in the Multi -Family Residential Zoning District 2. Resolution Authorizing Publication of the Ordinance by Title and Summary VIII. OLD BUSINESS A. Resolution Granting Extension of Time to Submit Final Plat for Woods of Medina Amending Resolution 2014-04 IX. X. XI. XII. CITY ADMINISTRATOR REPORT MAYOR & CITY COUNCIL REPORTS APPROVAL TO PAY BILLS ADJOURN Posted 6/15/2017 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: June 15, 2017 DATE OF MEETING: June 20, 2017 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Cemetery Operation and Maintenance Agreement with Jan's Lawn and Landscape — The City was notified in May that Joe Kittok, Caretaker/Custodian for German Liberal Cemetery, had sold his mowing company known as Jan's Lawn and Landscape to Andreas Heeb. Staff recommends approval of the attached contract to finish out the year for the lawn mowing and landscape services at the German Liberal Cemetery. Staff recommends approval. See attached memo and agreement. B. Approve German Liberal Cemetery Custodian Services Agreement with Joe Kittok — Joe Kittok will no longer be mowing the lawn, but he will continue being the custodian for the German Liberal Cemetery, which includes interments and disinterments, as well as marker and gravesite locating. Staff recommends approval of the attached contract with Joe Kittok. See attached memo and agreement. C. Approve Maintenance Building Painting Agreement with Sunrise Painting and Wallcovering, Inc. — Staff received two quotes to paint the maintenance building behind city hall. Staff recommends approval of the low quote with Sunrise Painting and Wallcoverings. See attached agreement. D. Approve 2018 Contract for Assessing Services with Southwest Assessing — Staff recommends approval of the contract renewal with Southwest Assessing for the 2018 season. See attached cover letter and agreement. E. Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Medina and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in FY 2018-2020 — Staff recommends approval of the resolution to authorize the execution of the updated CDBG agreement to continue in the program. Hennepin County needs the documentation by July 20th (because Hennepin County submits to HUD the next week) in order for Medina to continue to participate in the Urban County CDBG program. See attached cover letter, resolution, and agreement. F. Ordinance Regarding Conservation Design; Amending Chapter 8 of the City Code — The City Council reviewed this ordinance at the May 16th meeting and directed staff to bring it back on the consent agenda with their recommended changes. Staff recommends approval. See attached ordinance. G. Resolution Authorizing Publication of the Conservation Design Ordinance by Title and Summary — Staff recommends approval of the resolution authorizing publication of the ordinance by title and summary. See attached resolution. H. Resolution Granting Wetland Setback Variance to Donald Dykhoff for an Individual Sewage Treatment System at 3396 Elm Creek Drive — The City Council reviewed the wetland setback variance request at the June 6th meeting and directed staff to bring back the resolution for approval. Staff recommends approval. See attached resolution. I. Resolution Granting Conditional Use Permit Approval to Robin Johnson at 1325 Tamarack Drive — The City Council reviewed the CUP request at the June 6th meeting and directed staff to bring back the resolution for approval. Staff recommends approval. See attached resolution. VII. NEW BUSINESS A. Reserve of Medina — Phase II PUD Concept Plan — Toll Brothers has requested review of a Concept Plan for a potential Planned Unit Development on the undeveloped portion of the Reserve of Medina project. On July 16, 2013, the City granted final approval for the Reserve of Medina, which platted 51 single family lots out of the 126 total lots approved in the Reserve project. The applicant is seeking to amend the layout of the remaining site from what was approved back in 2013. The applicant still proposes a total of 126 lots, but also proposes to convey the northwest 4 acres of the site to the City for park dedication. The Park Commission and Planning Commission have reviewed the Concept Plan and their feedback has been provided in the staff report and minutes from those meetings. The City Council should review and discuss the concept plan and provide general feedback to the applicant. See attached report. B. Brian Fragodt — Multi -Family Residential (MR) Rear Setback Zoning Ordinance Text Amendment — Brian Fragodt has requested that the City consider amending its zoning regulations to reduce the required rear setback within the Multi -Family Residential (MR) 2 district for property which abuts common areas or open space. The applicant owns a twinhome at 3500 Pinto Drive and is interested in rebuilding and expanding the existing deck at the rear of the building. The twinhome association owns a 16 acre parcel containing a large wetland abutting the rear of the properties. The MR district requires a 40 foot rear setback, and this setback would not permit an expansion of the existing deck for 3500 and 3504 Pinto Drive. The Planning Commission held a public hearing on the matter at their June 13th meeting and voted 6-1 to recommend adoption of the ordinance to reduce the rear setback. If the City Council agrees with the Planning Commission's recommendation, the following motions would be in order: See attached report. Recommended Motion # 1: Move to adopt the ordinance regarding rear yard setbacks abutting open space in the Multi -Family Residential Zoning District. Recommended Motion # 2: Move to adopt the resolution authorizing publication of the ordinance by title and summary VIII. OLD BUSINESS A. Resolution Granting Extension of Time to Submit Final Plat for Woods of Medina Amending Resolution 2014-04 — This item typically would be on the consent agenda for approval, but it has been moved to old business to allow Council member Jeff Pederson to recuse himself because it deals with his property. See attached resolution. Recommended Motion: Adopt Resolution Granting Extension of Time to Submit Final Plat for Woods of Medina Amending Resolution 2014-04 XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 004177E-004197E for $45,526.33, order check numbers 045960-046017 for $297,175.34, and payroll EFT 507963-507992 for $48, 037.76. • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 3 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 6, 2017 4 5 The City Council of Medina, Minnesota met in regular session on June 6, 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, Finance Director Erin Barnhart, Public Works 16 Director Steve Scherer, and Chief of Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:02 p.m.) 24 25 A. Approval of the May 16, 2017 Regular City Council Meeting Minutes 26 It was noted on page three, line eight, it should state, "...provided added as a 27 consideration in evaluating the appropriate density bonus." 28 29 Moved by Anderson, seconded by Pederson, to approve the May 16, 2017 regular City 30 Council meeting minutes as amended. Motion passed unanimously. 31 32 B. Approval of the May 16, 2017 Special City Council Meeting Minutes 33 34 Moved by Anderson, seconded by Pederson, to approve the May 16, 2017 special City 35 Council meeting minutes presented. Motion passed unanimously. 36 37 V. CONSENT AGENDA (7:03 p.m.) 38 39 A. Approve Liquor License to Medina CC, LLC at 400 Evergreen Road, Medina, 40 MN 55340 41 B. Approve Tobacco License to Medina CC, LLC at 400 Evergreen Road, 42 Medina, MN 55340 43 C. Approve 2017-2018 Liquor License Renewals 44 D. Resolution No. 2017-38 Approving Plans and Specifications and Ordering 45 the Advertisement for Bid for the 2017 Sanitary Sewer Lining Project 46 E. Ordinance No. 612 Regarding Predatory Offender Residency Restrictions; 47 Amending Chapter 3 of the City Code 48 F. Resolution No. 2017-39 Authorizing Publication of Ordinance Regarding 49 Predatory Offender Residency Restrictions by Title and Summary 50 Moved by Martin, seconded by Anderson, to approve the consent agenda. Motion 51 passed unanimously. Medina City Council Meeting Minutes 1 June 6, 2017 1 2 VI. PRESENTATIONS 3 4 A. Abdo, Eick, and Meyers — 2016 Annual Financial Report (7:05 p.m.) 5 Justin Nilson, Abdo, Eick and Meyers, presented the 2016 annual financial statements 6 and thanked staff for their cooperation. He reviewed the management letter, reporting 7 an unmodified or clean opinion on the financial statements. He stated that they also 8 reviewed the internal controls and there were no findings for 2016. He stated that they 9 are also required to do legal compliance and there were no findings for that element. He 10 provided a summary of the general fund and other City fund balances. 11 12 Mitchell asked for more information on the bonding limit of the City and how the available 13 bonding limit compares to other municipalities. 14 15 Nilson stated that when comparing the information of the peer groups, the rate is 16 comparable, but noted that the peer group may not actually be comparable communities. 17 18 Mitchell stated that the Council and staff review the budget and capital improvement plan 19 in order to prepare and plan for the future to keep rates stable. He stated that while 20 things are good financially now, it is always best to plan for unforeseen circumstances 21 that may arise in the future. 22 23 Martin stated that this reflects very well on the staff as it is very unusual to have an audit 24 come out this clean for a municipality and commended Barnhart and her staff. 25 26 Moved by Anderson, seconded by Pederson, to accept the 2016 Financial Audit. 27 Motion passed unanimously. 28 29 VII. COMMENTS (7:17 p.m.) 30 31 A. Comments from Citizens on Items not on the Agenda 32 There were none. 33 34 B. Park Commission 35 Scherer reported that the parks, trails and ball fields are well used. He stated that the 36 Park Commission will meet the following week. 37 38 C. Planning Commission 39 Finke reported that the Planning Commission will meet the following week to hold three 40 public hearings, a PUD Concept Plan for The Reserve of Medina to make some 41 adjustments to their development; the Wally Marx PUD request; and a request to amend 42 the rear setback in the multi -family zoning district, to reduce the setback for a property 43 near an open space. 44 45 VIII. NEW BUSINESS 46 47 A. Clydesdale Trail Improvement Project — Public Hearing (7:19 p.m.) 48 Johnson noted that the next three items are related as they are 2017 road projects. He 49 stated that staff will give an overall presentation and then the public hearing can be 50 opened for each project. 51 Medina City Council Meeting Minutes 2 June 6, 2017 1 Scherer noted that all three projects are different because of the classifications and 2 difference in assessments. He identified the different property owners on this project 3 segment, noting that the majority of the road frontage falls to one property owner. He 4 noted that the first segment of the road is not included in this project as it will be part of 5 the CR 116 project. He noted that a majority of this project will be curb replacement 6 because of deterioration that has occurred over the years. He stated that it was less 7 costly to reconstruct the curbs than to repair. He noted that the project will consist of mill 8 and overlay. He stated that this project will be timed to occur later this fall because they 9 will be waiting for the CR 116 project to be completed. He reviewed the proposed 10 assessment rate for the roadway. He moved on to Wichita Trail and noted that they will 11 be doing some minor milling and an overlay. He stated that some prepatching work will 12 occur but the actual project will be done in one day. He stated that he will work with the 13 residents to ensure that those that want to have their driveways done can do that before 14 the roadwork is done. He reviewed the proposed assessment rate for the project. He 15 then moved on to Willow Drive North, noting that they will do some prepatching and then 16 complete an overlay. He stated that Barnhart is present for those that have questions on 17 assessments as the split is different for that project because the different projects 18 include commercial and rural residential properties. 19 20 Batty noted that for each project the Council is considering the improvement project and 21 the assessment and each requires a public hearing. He suggested opening the hearing 22 simultaneously for the improvement hearing and assessment hearing for each project. 23 24 Mitchell confirmed that each public hearing will be simultaneous to consider the project 25 itself and the assessment roll. 26 27 Mitchell opened the public hearing at 7:29 p.m. 28 29 No comments made. 30 31 Mitchell closed the public hearing at 7: 29 p.m. 32 33 1. Resolution No. 2017-40 Approving Plans According to Feasibility 34 Report and Ordering Clydesdale Trail Improvement Project 35 Moved by Martin, seconded by Anderson, to Adopt Resolution No. 2017-40 Approving 36 Plans According to Feasibility Report and Ordering Clydesdale Trail Improvement 37 Project. Motion passed unanimously. 38 39 2. Resolution No. 2017-41 Adopting Assessment Roll for 40 Clydesdale Trail Improvement Project 41 Moved by Martin, seconded by Anderson, to Adopt Resolution No. 2017-41 Approving 42 Assessment Roll for the Clydesdale Trail Improvement Project. Motion passed 43 unanimously. 44 45 B. Wichita Trail Improvement Project — Public Hearing (7:29 p.m.) 46 Mitchell stated that the public hearing will address the project and assessment roll. 47 48 Mitchell opened the public hearing at 7:30 p.m. 49 50 No comments made. 51 Medina City Council Meeting Minutes 3 June 6, 2017 1 Mitchell closed the public hearing at 7:30 p.m. 2 3 1. Resolution No. 2017-42 Approving Plans According to Feasibility 4 Report and Ordering Wichita Trail Improvement Project 5 Moved by Martin, seconded by Anderson, to Adopt Resolution No. 2017-42 Approving 6 Plans According to Feasibility Report and Ordering Wichita Trail Improvement Project. 7 Motion passed unanimously. 8 9 2. Resolution No. 2017-43 Adopting Assessment Roll for Wichita 10 Trail Improvement Project 11 Moved by Martin, seconded by Anderson, to Adopt Resolution No. 2017-43 Approving 12 Assessment Roll for the Wichita Trail Improvement Project. Motion passed 13 unanimously. 14 15 C. Willow Drive North Improvement Project — Public Hearing (7:30 p.m.) 16 Mitchell noted that the public hearing will address the project itself and the assessment 17 roll. 18 19 Mitchell opened the public hearing at 7:30 p.m. 20 21 No comment made. 22 23 Mitchell closed the public hearing at 7:30 p.m. 24 25 1. Resolution No. 2017-44 Approving Plans According to Feasibility 26 Report and Ordering Willow Drive North Improvement Project 27 Moved by Martin, seconded by Cousineau, to Adopt Resolution No. 2017-44 Approving 28 Plans According to Feasibility Report and Ordering Willow Drive North Improvement 29 Project. Motion passed unanimously. 30 31 2. Resolution No. 2017-45 Adopting Assessment Roll for Willow 32 Drive North Improvement Project 33 Moved by Martin, seconded by Anderson, to Adopt Resolution No. 2017-45 Approving 34 Assessment Roll for the Willow Drive North Improvement Project. Motion passed 35 unanimously. 36 37 D. Donald Dykhoff — Variance from Required Wetland Setback for Septic 38 System — 3396 Elm Creek Drive — Public Hearing (7:31 p.m.) 39 Finke identified the subject property noting that the proposed septic system would be 40 setback 50 feet from the wetland whereas the required setback is 75 feet. He noted that 41 the State rules do not specify a setback for wetlands although the language mirrors that 42 of lakes and streams. He stated that because of site disturbance on the site, this is the 43 only location that would work for a mound septic system. He stated that the septic 44 ordinance establishes criteria to consider for a variance. He stated that the building 45 inspector reviewed the site and recommended this setup rather than the available 46 alternative. He stated that the public hearing notice was published and mailed. 47 48 Anderson asked if the system would be grandfathered into the new owner as the 49 property is listed for sale. 50 Medina City Council Meeting Minutes 4 June 6, 2017 1 Finke stated that the variance request is for the sale. He noted that an inspection was 2 done and the existing system was found noncompliant. He stated that the property 3 owner would have three years to bring the system into compliance, whether that is done 4 by the buyer or seller. He stated that the variance would only be good for a term of one 5 year and could be utilized by the buyer or seller. 6 7 Mitchell opened the public hearing at 7:37 p.m. 8 9 Frank Mignone, 3316 Red Fox Drive, stated that he and his family have lived next to the 10 applicants for the past 35 years. He stated that the applicant built the home 40 years 11 ago and has lived there for many years. He stated that the applicant is requesting a 12 variance because the law has changed and asked that the Council grant the variance as 13 it would allow the applicant to sell his home so that he and his wife could move to an 14 assisted living facility. 15 16 Tom Dykhoff, 3402 Elm Creek Drive, stated that he is the property to the north of the 17 subject property. He stated that he has no objections to the variance as it would be the 18 right use and application of the property. He stated that he supports the request. 19 20 Gary Irene, 3392, Elm Creek Drive, stated that he is east of the property. He asked the 21 type of system that would be going in. 22 23 Finke replied that it would be a standard mound system. 24 25 Mitchell asked what appropriate vegetation would be, as mentioned in the staff report. 26 27 Finke replied that the buffer requirements would be triggered which would require native 28 plantings within 25 feet of the wetland. 29 30 Mitchell closed the public hearing at 7:40 p.m. 31 32 Mitchell stated that he has now been leaving a buffer between the grass and wetland 33 when mowing his own property. 34 35 Moved by Anderson, seconded by Pederson, to direct staff to prepare a resolution 36 granting a variance from the 75-foot wetland setback for an ISTS subject to the 37 conditions noted in the staff report. Motion passed unanimously. 38 39 E. Robin Johnson — Conditional Use Permit for Accessory Dwelling Unit and 40 Larger Accessory Structure — 1325 Tamarack Drive (7:41 p.m.) 41 Finke presented a Conditional Use Permit request for the subject property, for an 42 accessory dwelling unit and excess of 5,000 square feet for accessory structures. He 43 stated that this is unique as the property owner would like to build a new home and has 44 been using what would become the accessory dwelling structure as the main living 45 quarters while they demolish the old house and build a new house. He stated that there 46 are two existing structures, one of which is currently the principal structure (the existing 47 home) and a new barn which is being used as the living quarters. He identified the 48 proposed location for the new home. He reviewed the criteria used to review the request 49 and noted that the BMP would be constructed with the new home to manage the storm 50 water. He stated that accessory dwelling structures are allowed as a conditional use in Medina City Council Meeting Minutes 5 June 6, 2017 1 the zoning district. He stated that the Planning Commission held a public hearing the 2 previous month and recommended unanimous approval of the CUP. 3 4 Mitchell noted that the Council considered an accessory dwelling structure in the past 5 and there was discussion on whether the unit could be rented. He asked for input. 6 7 Finke replied that the accessory dwelling unit could be rented out and there is not a 8 housing ordinance that would regulate the term of the rental facility. He stated that there 9 is nothing that would preclude short term rentals at this point. 10 11 Martin noted that one of the homes must be used as a primary residence by the owner 12 of the property. 13 14 Moved by Martin, seconded by Cousineau, to direct staff to prepare a resolution 15 approving the Conditional Use Permit based upon the findings described in the staff 16 report, and subject to the conditions noted in the report. Motion passed unanimously. 17 18 F. Ordinance Regarding Regulations Related to the Residential -Mid Density 19 (R3), Residential Limited Multiple Family (R4), and Residential -Multiple 20 Family (R5) Zoning Districts; Amending Chapter 8 of the City Code (7:49 21 p.m.) 22 Finke stated that this is a preview of work that will be done over the year. He explained 23 the changes to the land use within the draft Comprehensive Plan. He noted that once 24 adopted, the City would have nine months to update their controls to match the 25 Comprehensive Plan and explained that this process would give the City a head start on 26 updating the official controls. He noted that the high -density land use is a larger item 27 that changed within the draft Comprehensive Plan. He stated that the timeline for the 28 draft Comprehensive Plan would place adoption in early 2018. The process of updating 29 controls is lengthy and staff is suggesting beginning the process earlier. He noted that 30 there is interest in the high -density parcels and therefore the discussion of the Council 31 would be helpful. He reviewed the current regulations compared to the land use 32 regulations in the draft Comprehensive Plan. He noted that staff suggests amending the 33 current zoning districts to fit with the draft Comprehensive Plan, noting that the current 34 high -density zoning districts have a lower minimum and higher maximum than will be 35 included in the draft Comprehensive Plan. He displayed the future land use map and 36 identified the different land use zones that would apply to the discussion. He stated that 37 the changes to the ordinance would be relatively limited, and would include deleting the 38 R-5 zoning district. He explained that the City has a higher density range currently than 39 the draft Comprehensive Plan identifies and therefore it would be unnecessary to have 40 two zoning districts for high density. He noted that there are additional criteria that 41 would be needed for developers to reach the higher density. He noted that staff would 42 also recommend discussion regarding senior housing, within the high -density land use 43 and in general. He stated that the land available for high density housing is limited but 44 highlighted other area in the City that could accommodate higher density housing for 45 seniors. He noted that the mixed residential land use and business zoning districts 46 provide another opportunity for senior living/assisted living developments. He stated that 47 the Planning Commission held a public hearing the previous month and recommend 48 approval of the amendments as presented. He stated that one comment was made 49 during the hearing requesting that more residential materials be allowed for senior living 50 facilities and noted that the Planning Commission agreed with allowing the additional 51 residential materials. Medina City Council Meeting Minutes 6 June 6, 2017 1 2 Anderson noted that it is becoming a trend in the nursing home facility field to have the 3 buildings possess a more residential feel. 4 5 Mitchell stated that he attended the northwest suburban mayors meeting the previous 6 week where the League of Minnesota Cities made a presentation regarding recent 7 legislative action. He noted that a representative from the Metropolitan Council was also 8 present to discuss whether senior units, such as assisted living units, should count 9 towards dwelling units. He noted that the representative also believed that senior units 10 should count towards dwelling units and the Metropolitan Council are discussing the 11 topic. He mentioned a recent newspaper article which mentions an apartment building 12 boom in the metro, noting that the sought after apartments are in Eagan and Eden 13 Prairie. He stated that the person he consulted with stated that Medina and Hamel 14 would not be flooded with requests because of the location. He stated that there should 15 be resolution of the complicated issue so that the pieces can fall into place. 16 17 Pederson asked if the buildings would exceed three floors in order to reach the density. 18 19 Finke replied that it would be site specific, noting that three-story construction can reach 20 the density range. 21 22 Cousineau stated that she would not feel comfortable putting senior housing into all the 23 zoning districts. 24 25 Mitchell stated that he would prefer to stay with three stories rather than allowing 26 additional floors. 27 28 Cousineau stated that she would prefer even a limit of two stories in certain zoning 29 districts. She noted that currently assisted living and independent living count towards 30 dwelling unit counts while memory care and nursing facilities do not. 31 32 Finke stated that assisted living units can qualify as dwelling units if they meet the 33 requirements. He stated that the Metropolitan Council has always stated that Medina 34 could make the choice as to whether senior living facilities would be allowed in the high- 35 density zoning district. He referenced a proposed change to the R-4 district which 36 addresses the density for memory care and nursing home units, as those units are 37 typically smaller and the residents do not have vehicles. He noted that the amount of 38 land per unit has been reduced by 50 percent in order to accommodate those figures, 39 therefore those developments would be allowed higher density. 40 41 Anderson asked, and received confirmation on the density range that would be proposed 42 for the R-4 district. 43 44 Finke noted that a similar amendment would be made to the medium density zoning 45 district as well in order to match the information proposed in the draft Comprehensive 46 Plan. He noted that staff began this discussion now not only to get ahead of updating 47 the official controls, but also because there are people interested in the high -density 48 zoning district. He explained that it would be better for those potential applicants to 49 know now, rather than later, whether nursing home/memory care/assisted living facilities 50 would be allowed in the high -density zoning district. 51 Medina City Council Meeting Minutes 7 June 6, 2017 1 Anderson stated that it was his opinion that the Council would allow and encourage that 2 type of development in the high -density zoning district. 3 4 Martin suggested grammatical changes and clarifications to certain language. She 5 asked and received confirmation that even with the bonus density allowed, a developer 6 would not reach more than 15 units per acre. She stated that the proposed amendment 7 is well done and moves it in the right direction. 8 9 Cousineau asked, and received confirmation that additional controls could be 10 implemented for different zoning districts, such as the business district. She stated that 11 she has concern that there would be high density allowed in all the business zoning 12 districts. 13 14 Finke provided clarification that the allowance would be for nursing home, memory care, 15 assisted living and independent senior living facilities in connection with the other facility. 16 He stated that it would be helpful to know the Council's position now so that staff can 17 adjust. 18 19 Anderson stated that he would be concerned that it would not be consistent with the 20 current or draft Comprehensive Plan to allow that type of housing in the business zoning 21 district. 22 23 Mitchell stated that perhaps staff should investigate which types of senior housing would 24 be appropriate for a business zoning district. 25 26 Finke stated that he would like to bring this back sooner rather than later in order to 27 provide information to the potential applicants. 28 29 G. LED Lighting Study, Ordinance Amendment, Potential Moratorium (8:30 30 p.m.) 31 Johnson stated that staff has received requests for unshielded light emitting diode (LED) 32 signage and staff would like to place a moratorium to evaluate the standards. He noted 33 that the current standard measures lumens and foot candles and that does not appear to 34 be an appropriate method to evaluate that type of lighting. 35 36 Finke stated that there are two principal measurements used with lighting and the 37 concern is that LED lighting is measured differently than the current standards. He 38 noted that LED is the trend, as there has not been a sign application in the past four 39 years that did not use LED. He stated that staff would like to study the issue and 40 develop a better standard for review. He stated that if there are not appropriate 41 standards in place there can be implications to the public health, safety and welfare. He 42 stated that the question would be if a moratorium would be appropriate to let staff 43 complete the study and establish appropriate guidelines. 44 45 Anderson received confirmation that the moratorium would be the interim ordinance. 46 47 Batty provided additional details on the process of a moratorium. He noted that the 48 ordinance would not have to be amended at the end of the moratorium, the moratorium 49 simply allows time to study the issue to determine if amendments are needed. 50 51 Mitchell asked how long the City staff would need. Medina City Council Meeting Minutes 8 June 6, 2017 1 2 Finke stated that the maximum time would be one year but can be repealed at any time. 3 He stated that staff would suggest one year and when the study is completed the 4 moratorium could be repealed. He stated that the hope would be to complete the study 5 in half that time but staff would want to ensure sufficient time. 6 7 Batty agreed that the moratorium should be drafted for one year. He stated that he has 8 drafted many moratoriums for the City and there has been a history of repealing the 9 moratorium once the study is completed. 10 11 Pederson asked how the City would act with people that are in the midst of the 12 development process. 13 14 Batty stated that staff would be prohibited from receiving new applications and that 15 existing applications are not to be processed. He stated that a moratorium does not stop 16 the 60-day clock and therefore an applicant would need to withdraw their application, 17 grant an extension past the moratorium date, or the City will deny the application not 18 based on the subject of the application but the existence of the moratorium. He stated 19 that in his experience people either withdraw the application or grant the extension 20 rather than forcing the City to deny their application. 21 22 Finke stated that the moratorium would not apply to all LED lighting and noted that there 23 would be exceptions for certain types of signs. 24 25 Anderson asked if there are any applications for lighting right now. 26 27 Finke replied that there is one application from Holiday Gas Station. 28 29 Larry Palm stated that the information in the packet included LED light across the board 30 and asked what is included. 31 32 Martin specified that there is specific language in the proposed moratorium that would 33 spell out the exclusions. 34 35 Finke clarified that while they are going to study LED lighting and signage, they are 36 making an exception for certain LED signage in the moratorium. 37 38 Palm asked if someone would be able to retrofit their parking lot lights during this time. 39 40 Finke clarified that downcast shielded LED lights would still be allowed during the 41 moratorium, so in that case that would be allowed. 42 43 1. Interim Ordinance No. 613 Regarding Unshielded Lighting Emitted 44 Diode (LED) Lighting; Establishing a Moratorium; and Directing a 45 Study of Official Controls Related Thereto 46 Moved by Martin, seconded by Cousineau, to adopt the interim ordinance no. 613 47 regarding unshielded light emitting diode (LED) lighting; establishing a moratorium; and 48 directing a study of official controls related thereto. Motion passed unanimously. 49 50 2. Resolution No. 2017-46 Authorizing Publication of Ordinance No. 51 613 by Title and Summary Medina City Council Meeting Minutes 9 June 6, 2017 1 Moved by Martin, seconded by Cousineau, to adopt resolution no. 2017-46 authorizing 2 publication of ordinance no. 613 by title and summary. Motion passed unanimously. 3 4 IX. OLD BUSINESS 5 6 A. Conservation-Desiqn-PUD Ordinance (8:48 p.m.) 7 Johnson noted that this was discussed in February and on May 16th. He stated that staff 8 has incorporated the proposed changes and if the Council is comfortable with the 9 changes, then the ordinance could be adopted. 10 11 Martin provided suggested grammatical changes. 12 13 Finke noted that there could be language to consider the location of alternate septic sites 14 in the conservation area, based on the impact that it would have and that would link to 15 the quality of the conservation area. He referenced the public access element which is 16 currently listed as a secondary rather than primary benefit. It was the consensus of the 17 Council that the item should be moved to a primary benefit. 18 19 Mitchell stated that he is not entirely onboard with allowing secondary sites in the 20 conservation easement. He stated that he is more of a private property person. He 21 stated that with small lots that have no minimum lot sizes, large homes and swimming 22 pools, he would want to see secondary sites and primary sites located on the property. 23 24 Martin stated that there is a great portion of the younger population that likes walkable 25 communities and do not share the concern for privacy. She stated that this would permit 26 someone to make their decisions, as the control would be the landowner's. 27 28 Mitchell acknowledged that his view on private property may be out of date. He stated 29 that his hesitancy is more regarding the small lots sizes, creating an urbanized area in 30 the middle of the country. 31 32 Moved by Martin, seconded by Pederson, to direct staff to prepare an ordinance 33 regarding conservation design; amending Chapter 8 of the City Code, consistent with the 34 comments made by the Council to come back before the Council on the consent 35 agenda. 36 37 X. CITY ADMINISTRATOR REPORT 38 39 A. Planning Commissioner Appointments (9:05 p.m.) 40 Johnson stated that Finke and Anderson sat in on interviews with potential Planning 41 Commission members. 42 43 Finke commented that there was a good pool of applicants for the two vacant positions, 44 noting that Chair White also participated in the interview process. He stated that the 45 group recommended Kerby Nester and Aaron Amic. He encouraged the other 46 applicants to continue to seek opportunities. 47 48 Moved by Anderson, seconded by Martin, to appoint Kirby Nester to a two-year term and 49 Aaron Amic to a nine -month term on the Planning Commission. Motion passed 50 unanimously. 51 Medina City Council Meeting Minutes 10 June 6, 2017 1 B. Water Interconnect with Corcoran on Hackamore Road Update (9:07 p.m.) 2 Johnson stated that staff met with the City of Corcoran the previous week to discuss a 3 water interconnect at Hackamore Road. He noted that the cost would be split 50/50. 4 5 Scherer stated that there is an interconnect with Plymouth on the other side and noted 6 that it is nice to have these in place in case something goes wrong. He stated that it 7 would be a small insurance policy that would assist in the case of an emergency and 8 therefore would be money well spent. He confirmed that there are sufficient funds in the 9 water fund. 10 11 Moved by Pederson, seconded by Anderson, to approve $15,000 for the water 12 interconnect. Motion passed unanimously. 13 14 C. Mediacom Update (9:10 p.m.) 15 Johnson noted that staff met with Bill Jenson from Mediacom the previous week to 16 discuss the 2017 build out map. He noted that the map is still incomplete and staff 17 hopes to bring the map to the Council on June 20t". He noted that there are still 18 approximately 6.1 miles needed for buildout that could be added to the 2017 buildout for 19 an additional cost of $48,000 or the City could delay that buildout to 2018 and Mediacom 20 would pay the cost. 21 22 Anderson asked the number of homes in the remaining miles. 23 24 Finke estimated 20 homes. 25 26 Cousineau asked if the area would be built out in 2018. 27 28 Anderson asked the status of the 2017 buildout. 29 30 Johnson stated that staff is still awaiting the map, so that buildout has not yet begun. 31 32 Finke stated that Mediacom has gotten the buildout done in previous years by the very 33 end of the year. 34 35 Mitchell acknowledged that there would be a cost savings to waiting but stated that 36 perhaps there is value in paying to finish in 2017. 37 38 Pederson stated that there are options to get service. He stated that he lives in the 39 unbuilt area and would not support paying the additional funds to finish in 2017. 40 41 Barnhart stated that the City has expended franchise fees before they receive them from 42 Mediacom, therefore the City would be paying that cost out of pocket and would 43 eventually be reimbursed. 44 45 Johnson noted that there is approximately a six -year payback. 46 47 Anderson stated that there were many residents complaining about students not being 48 able to access their school work and therefore he may support paying the additional 49 funds. 50 Medina City Council Meeting Minutes 11 June 6, 2017 1 Martin stated that she would not support spending the additional funds. She noted that 2 people bought their land aware of the service issues and it would be fiscally 3 irresponsible to spend $48,000 to provide service to approximately 20 homes that may 4 or may not connect. 5 6 It was the consensus of the Council not to pay the additional funds to fully complete the 7 buildout in 2017. 8 9 Finke noted that staff will negotiate with Mediacom to receive in writing that the 10 remaining buildout in Medina would then be completed by December 31, 2018. 11 12 XI. MAYOR & CITY COUNCIL REPORTS (9:17 p.m.) 13 Pederson stated that he attended the first responders luncheon were many of the local 14 police and fire departments received awards. 15 16 Anderson agreed that it was a pleasure to attend noting that he is always pleased to 17 hear the details of the positive interaction. 18 19 Mitchell noted that he also attended. He stated that he also appreciates the work of all 20 City staff. 21 22 XII. APPROVAL TO PAY THE BILLS (9:19 p.m.) 23 Moved by Anderson, seconded by Martin, to approve the bills, EFT 004153E-004176E 24 for $104,134.58, order check numbers 045901-045959 for $162,067.00, and payroll EFT 25 507912-507962 for $93, 720.86. Motion passed unanimously. 26 27 XIII. ADJOURN 28 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 9:20 p.m. 29 Motion passed unanimously. 30 31 32 33 Bob Mitchell, Mayor 34 Attest: 35 36 37 Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 12 June 6, 2017 Agenda Items # 5A & 5B MEMORANDUM TO: FROM: DATE: MEETING: SUBJECT: City Council, through City Administrator Scott Johnson Steve Scherer, Public Works Director June 13, 2017 June 20, 2017 German Liberal Cemetery Agreements The City was notified in May that Joe Kittok, Caretaker/Custodian for German Liberal Cemetery, had sold his mowing company known as Jans Lawn and Landscape to Andreas Heeb. Attached is a new contract with Joe Kittok for custodian services for the cemetery which includes the interments and disinterments, as well as marker and gravesite locating. There is also a separate contract with the new owner of Jans Lawn and Landscape to finish out the year for lawn mowing and landscape services. Since Joe Kittok did not give the City any notification concerning the sale of his company like his contract stated, we informed the new owner that the City would be paying him the original contract price agreed upon with Jans Lawn and Landscape for the 9 weeks he has been mowing so far this year and then raise the price according to the new proposal he presented for the final 17 weeks of 2017. The total of the 26 weeks of mowing comes to $1,817.15 for 2017 (see attached proposal). I will then be going out for quotes next year, either keeping the cemetery mowing separate or add the cemetery to the Lawn and Grounds Services Agreement that will be up for renewal next year. Staff recommendation would be to: 1) accept the Operation and Maintenance Agreement with the company that took over Jan's Lawn and Landscape to complete mowing services for 2017 and then look at renewing that Agreement or adding it to the City's Lawn and Grounds Services Agreement for next year; and 2) accept the updated Custodian Services Agreement with Joe Kittok for two years, with the possibility of an extension for another two years at the same terms. Agenda Item # 5A CEMETERY OPERATION AND MAINTENANCE AGREEMENT This Agreement is made this 20th day of June 2017, by and between Jan's Lawn and Landscape, 25905 Wild Rose Lane, Shorewood, MN 55331, a Minnesota corporation (the "Custodian") and the city of Medina, a Minnesota municipal corporation (the "City"). RECITALS WHEREAS, the City owns the German Liberal Cemetery at 2695 Hamel Road/County Road 115 (the "Cemetery"); and WHEREAS, the City has insufficient personnel to maintain the Cemetery; and WHEREAS, the City and the Custodian wish to specify certain terms and conditions relating to the maintenance of the Cemetery. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the parties agree as follows: 1. Operation and Maintenance. The Custodian will provide and will be fully responsible for providing the following operational and maintenance services at the Cemetery: (a) Mowing the lawn and trimming around fences, monuments, or other fixtures every week, from April 15 to October 15 (26 weeks); (b) Implementing the City's decoration policies and regulations as defined in City Code Section 530, Subd. 19; (c) General grounds clean-up of brush or other debris that may become unsightly or obstructions to operations or enjoyment of the Cemetery; and, (d) Other general maintenance or repair as directed by the City's Public Works Director, or designee. 2. Compensation for Custodian services. In return for the Custodian work in the operation and maintenance of the Cemetery, the Custodian will be entitled to the following compensation from the City: (a) $1,817.15 in 2017 for all general Custodian operation and maintenance services defined within this agreement. 3. Other General Requirements. (a) The Custodian shall provide a list of operating equipment that will be used in the performance of their required activities in the Cemetery; 4. Independent Contractor. (a) Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not 1 an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. (b) The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. (c) The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5. Insurance. The City shall insure the Cemetery as it does all of its other property. The Custodian will be responsible for insuring any and all of its personal property brought to the Cemetery. 6. Indemnification. The Custodian hereby agrees to defend, indemnify and hold harmless the City, its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney fees arising out of or resulting from the performance of operation and maintenance services under this Agreement by the Custodian, its officers, employees, members and agents. The Custodian agrees to maintain adequate insurance against such claims for this purpose and to name the City as an additional insured. Nothing herein shall be construed as waiving any statutory limitation on liability available to the City. 7. Term of contract. This Agreement covers the period June 20 through October 15, 2017. 8. Termination. Either party may terminate this Agreement for any reason upon 60 days written notice to the other party. 9. Assignment. The Custodian shall not assign all or any portion of this Agreement without the City's prior written consent, which consent the City may withhold at its sole discretion. 10. Governing law. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. 11. Integration. This Agreement represents a complete and final agreement of the parties and may be supplemented, amended or terminate only by a separate written agreement of the parties, 12. Notice. Any notice required by this Agreement shall be effective and deemed given if made by personal service or by deposit in the U.S. mail, postage prepaid, and sent to: (a) As to the City: City of Medina 2052 County Road 24 Medina, Minnesota 55340 Attention: City Clerk (b) As to the Custodian: Jans Lawn and Landscape 25905 Wild Rose Lane Shorewood, MN 55331 Attention: Andreas T. Heeb 2 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. CITY OF MEDINA By: Bob Mitchell, Mayor By: Jodi Gallup, City Clerk JANS LAWN AND LANDSCAPE By: Andreas T. Heeb, Owner 3 ANDERSON HEEB LLC 651-335-6597 andersonheebllc@gmail.com 25905 Wild Rose Lane Excelsior, MN 55331 June 11, 2017 Steve Scherer German Liberal Cemeteries 2025 Country Road 24 Medina, MN 55340 Dear Mr. Scherer and Honorable Medina City Council Members, I am Andreas Heeb, the owner of Anderson Heeb LLC who recently purchased Jan's Lawn and Landscape of Delano, Minnesota. Several days ago Steve and I had a lengthy and fruitful conversation. We discussed the implications of the ten year old contract to cut, trim and clean up the German Liberal Cemetery located at the above listed address. Steve and I acknowledged that the level of complexity and detail of care needed for cemeteries is heightened due to the fact that family, friends and loved ones use the space to grieve, remember and heal. My firm has proven that we can and do deliver the heightened level of aesthetics needed in order to keep this special space dignified. We would like to continue our good work but due to the outdated contract fees we cannot continue at the current rate without incurring a significant loss. After careful consideration of the variables, we have come to the conclusion that in order to continue the high level of service needed there will need to be an increase in rates. I propose that we increase the rate for the entire season to $1,817.15. As discussed with Steve, please feel free to ask either of us any questions you may have. Steve was kind enough to take in the details of my new business venture and I have complete confidence that he could answer most any questions on my behalf. Sincerely yours, Andreas Heeb Agenda Item # 5B CEMETERY CUSTODIAN SERVICES AGREEMENT This Agreement is made this 20t1i day of June 2017, by and between Joe Kittok, 3850 County Line Road, Delano, MN 55328, a Minnesota corporation (the "Custodian") and the city of Medina, a Minnesota municipal corporation (the "City"). RECITALS WHEREAS, the City owns the German Liberal Cemetery at 2695 Hamel Road/County Road 115 (the "Cemetery"); and WHEREAS, the City has insufficient personnel to operate the Cemetery; and WHEREAS, the City and the Custodian wish to specify certain terms and conditions relating to the operation of the Cemetery. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the parties agree as follows: 1.Operation. The Custodian will provide and will be fully responsible for providing the following operational services at the Cemetery: (a) Interment by casket, cremation, or infant cherub; Interment shall include the opening and closing of the gravesite and clean-up and grass seeding immediately following closing, weather permitting; (b) Disinterment of casket or infant cherub; Disinterment shall include the opening and closing of the gravesite and clean-up and grass seeding immediately following closing, weather permitting; (b) Marker locating for placement; (c) Gravesite locating for placement; (d) Implementing the City's decoration policies and regulations as defined in City Code Section 530, Subd. 19; (e) Providing all other Custodian responsibilities and abiding by all other Cemetery regulations defined in City Code Section 530; The City will provide and will be fully responsible for the following operational services: (a) Maintaining all Cemetery records and archives, including location of gravesite purchases and accompanying license agreements, and burial permits of those buried in the Cemetery; (b) Handling of all funds related to gravesite purchases, interment, disinterment, marker locating, gravesite locating, funeral service attendant/traffic control, or any expenses being incurred from Cemetery operations and maintenance; 2. Compensation for Custodian services. In return for the Custodian work in the operation of the Cemetery, the Custodian will be entitled to the following compensation from the City: 1 (a) $400.00 for each interment or disinterment service involving a casket; (b) $100.00 for each interment or disinterment service involving a cremation or infant cherub; (c) $20.00 for each marker locating for placement; (d) $40.00 for each gravesite locating, when a gravesite is sold by the City; (e) $45.00 per hour for other work directed under the supervision of the City Public Works Director. 3.Other General Requirements. (a) The Custodian shall provide a list of operating equipment that will be used in the performance of their required activities in the Cemetery; (b) The Custodian shall put up signs along the road leading to the cemetery before burial services to help with traffic control and safety. 4. Independent Contractor. (a) Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including, but not limited to, health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. (b) The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. (c) The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5. Insurance. The City shall insure the Cemetery as it does all of its other property. The Custodian will be responsible for insuring any and all of its personal property brought to the Cemetery. 6. Indemnification. The Custodian hereby agrees to defend, indemnify and hold harmless the City, its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney fees arising out of or resulting from the performance of operation and maintenance services under this Agreement by the Custodian, its officers, employees, members and agents. The Custodian agrees to maintain adequate insurance against such claims for this purpose and to name the City as an additional insured. Nothing herein shall be construed as waiving any statutory limitation on liability available to the City. 7. Term of contract. This Agreement covers the period June 2017 through June 2019. Unless this agreement is terminated as provided in Section 8, the agreement shall be automatically extended for two years on the same terms as existing. 8. Termination. Either party may terminate this Agreement for any reason upon 60 days written notice to the other party. 2 9. Assignment. The Custodian shall not assign all or any portion of this Agreement without the City's prior written consent, which consent the City may withhold at its sole discretion. 10. Governing law. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. 11. Integration. This Agreement represents a complete and fmal agreement of the parties and may be supplemented, amended or terminate only by a separate written agreement of the parties, 12. Notice. Any notice required by this Agreement shall be effective and deemed given if made by personal service or by deposit in the U.S. mail, postage prepaid, and sent to: (a) As to the City: (b) As to the Custodian: City of Medina 2052 County Road 24 Medina, Minnesota 55340 Attention: City Administrator Joe Kittok 3850 County Line Road Delano, MN 55328 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. CITY OF MEDINA By: Bob Mitchell, Mayor By: Jodi M. Gallup, City Clerk By: Joe Kittok, Cemetery Custodian 3 Agenda Item # 5C MAINTENANCE BUILDING PAINTING AGREEMENT This Agreement is made this 20th day of June 2017, by and between Sunrise Painting & Wallcovering, Inc., 805 Tower Drive, Medina, MN 55340, a Minnesota corporation (the "Contractor") and the City of Medina, a Minnesota municipal corporation (the "City"). Recitals 1. The City has been authorized to enter into a contract for painting services; and 2. The City has approved the contract for painting services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform painting services for the City of Medina which will consist of prepping, priming and finish coating three sides of the Medina Maintenance Building, including all doors and frames. The bid includes power wash using "clean and etch" to remove chalking, prime with Sherwin Williams Loxon Conditioning Primer, and top coat with Sherwin Williams DTM Acrylic Primer Finish as described on the attached Exhibit A. 2.0. TERM. The term of this contract will be from June 2017 until September 2017, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor $7,400 for painting services as described in Exhibit A and also in Scope of Services. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 1 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the * express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. 2 CITY OF MEDINA By Bob Mitchell, Mayor By Jodi M. Gallup, City Clerk SUNRISE PAINTING & WALLCOVERING (CONTRACTOR) By 3 Exhibit A Proposal Sunrise Painting & Waticoverin , Inc. 805 Tower Drive Medina, MN 55340 763-557-0100 FAX 763-557-0011 Proposal Submitted To: Date: 5/ 19 / 17 City of Medina Attn: Steve Scherer Job Name: Nledina Maintenance Building Street; City: Medina State: MN Architect: Plan Date: SUNRISE PAINTING & WALLCOV'ERING, INC., is pleased to quote $7,400.00 for painting at the above referenced project, Prep, prime, finish coat (3) three sides of maintenance building Bid Includes: - Power crash using "clean and etch" to remove chalking - Pri.me with Sherwin Williams Loxon Conditioning primer - Top coat with Sherwin Williams DTM Acrylic primer finish, color to match existing addition. All material is guaranteed to be as specified. All wad to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and uvill become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Ctwners to cars., fire, tornado and other necessary insurance. Our workers are fully covered by Workmen-s Compensation Insurance. Payment Terms: Net 34 days- gq Authorized Signature �w Ptqfil), SERFIVGT�.rl't_lIIyTOESTPA.D= cirrAziCOT TRLS+GLNTUSTRYSiVCE1974 The above prices. s Accepted: Date Accept tnce of Proposal cations and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature 4 SIJNR= SE PAINTING & WALLCOVERING, INC. Proposal Sunrise Painting & Wallcovering, Inc. 805 Tower Drive Medina, MN 55340 763-557-0100 FAX 763-557-0011 Proposal Submitted To: Date: 5/ 19/ 17 City of Medina Attn: Steve Scherer Job Name: Medina Maintenance Building street: City: Medina State: MN Architect: Plan Date: SUNRISE PAINTING & WALLCOVERING, INC., is pleased to quote $7,400.00 for painting at the above referenced project. Prep, prime, finish coat (3) three sides of maintenance building Bid Includes: - Power wash using "clean and etch" to remove chalking - Prime with Sherwin Williams Loxon Conditioning primer - Top coat with Sherwin Williams DTM Acrylic primer finish, color to match existing addition. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owners to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Payment Terms: Net 30 days. Authorized Signature Utz. t z. peziff,,, SERVING THE MIDWEST PAINTING & WALLCOVERING INDUSTRY SINCE 1974 Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Accepted: Date Signature TO: Medina Mayor and City Council Members Scott Johnson, City Administrator Jodi Gallup, Administrative Assistant Erin Barnhart, Finance Director FROM: Rolf Erickson (763) 473-3978 DATE: June 14, 2017 RE: 2018 Assessment Proposal Contract Attached Term of Contract: September 1, 2017 through August 30, 2018 Current Contract amount: $88,872 Requested amount for 2018 Assessment: $89,655 Requested increase: $783 Number of New Houses during 2017 64 Total parcels May 2015 2,954 Total parcels May 2016 3,015 Total parcels May 2017 3,109 Total parcels May 2018 3,138 Again this year, the requested increase is to cover continuing new development. Expenses for supplies and postage should be approximately the same as last year; however, we are now required to use Hennepin County equipment for all assessment procedures and we are being charged a monthly fee for the use of the equipment. The prorated share of this expense for Medina is a maximum of $331 dollars a month or $3,972 annually. This fee includes the use of tablet computers for office use, ipads for field use and uses the new Hennepin County Vision CAMA system. The use of Hennepin County equipment is mandatory for anyone performing assessment services in the county. It is possible that in the future the amount we bill for postage and paper supplies will decrease as the new system becomes fully functional. Please present this request at the next council meeting possible. Please make 2 copies of the contract and have them signed when approved. I will sign then. CONTRACT FOR ASSESSING SERVICES This contract is made this first day of September, 2017, by and between the City of Medina Hennepin County, Minnesota (hereinafter called the "Municipality") and Rolf Erickson, 14520 12t Ave. North, Plymouth, Minnesota, 55447 DBA Southwest Assessing, a Minnesota Corporation (hereinafter called the "Contractor") The Contractor represents that he is a Licensed Minnesota Assessors as required in Chapter 273 of Minnesota Statutes and that he is a qualified real estate appraiser. ASSESSING SERVICES: The Municipality hereby contracts for and the Contractor hereby agrees to cooperate with officials of the Municipality and the County of Hennepin in performing 2018 assessment services as defined in Minnesota Statutes. The Municipality agrees and acknowledges that the manner and the method used in the performance of the assessment duties will be under the control and direction of said Contractor. CONTRACT PRICE: In consideration of the services rendered by the Contractor, the Municipality shall pay to the Contractor at the above stated address, the sum of $89,655.00 payable in twelve (12) installments of $7,471,25 beginning September, 2017 and ending August, 2018. TERM OF CONTRACT: September 1, 2017 through August 31, 2018. The following services are to be billed separately on a one time basis. NONE. FURNISHING OF EQUIPMENT: The contractor shall provide all transportation necessary for the performance of the services contracted for. The Municipality shall furnish all equipment and supplies necessary for the performance of the services contracted for, including the Hennepin County Data fee and Hennepin County computer equipment rental fee. ATTENDANCE AT COUNCIL MEETINGS: The Contractor shall attend the local board of review meeting on the date selected by the Municipality and the Contractor and not to exceed three other Municipality council meetings during the term of the contract. LEGAL STATUS: The parties agree that the Contractor is not required to maintain office hours, shall not receive retirement benefits, health insurance benefits, or any other fringe benefits offered to employees of the Municipality and shall, in all respects, be deemed independent an contractor. IN WITNESS WHEREOF, the Contractor and the Municipality have executed this Contract this day of 2017. City of Medina(Municipality) by Southwest Assessing (Contractor) by HENNEPIN COUNTY MINNESOTA June 6, 2017 Scott Johnson City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 Subject: Fiscal Year 2018 — 2020 Community Development Block Grant (CDBG) Program Dear Mr. Johnson, On April24, 2017, we sent a letter regarding your participation in the Hennepin County CDBG Program for the 2018-2020 period. As described in that letter, the current Joint Cooperation Agreement (JCA) for the county CDBG program is set to auto -renew. However, it has since been determined that amendments to the JCA are needed in order to ensure compliance with various HUD regulations, improve administrative efficiency, and prepare for the possibility of federal funding cuts to the CDBG program. Because the JCA will be amended, it will no longer auto -renew and will require a City resolution of approval. A copy of the 2018-2020 JCA is attached, along with a sample resolution for your use. Please return three signed copies of page 10 of the 2018-2020 JCA and two certified resolutions by July 20, 2017 to my attention at the address below. Copies of these materials, including a red -lined version of the revised 2018-2020 JCA, were also sent to you via email. Please contact me at 612-348-2205 or spencer.agnewQhennepin.us if you have any questions. Thank you for your patience with respect to the tithing of this request. Sincerely, Spencer Agnew Senior Planning Analyst, Housing Development and Finance Hennepin County Community Works 701 Fourth Avenue S., Suite 400, Minneapolis, MN 55415 hennepin:us/communityworks Agenda Item # 5E Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017- RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MEDINA AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2018-2020 WHEREAS, the City of Medina, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) Program, and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant, ESG and HOME Programs. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that a new Joint Cooperation Agreement between the City and County be executed effective October 1, 2017 and that the Mayor and the City Administrator be authorized and directed to sign the Agreement on behalf of the City. Dated: June 20, 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- June 20, 2017 Contract No. 17XXXXX JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," A-2400 Government Center, Minneapolis, Minnesota, 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59. WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT shares its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. it: COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that 1. May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. 3. May not receive a formula allocation under the Emergency Solutions Grants (ESG) Program except through the Urban County. I. DEFINITIONS The definitions contained in 42 U.S.C. 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B. "Activity" means a CDBG-funded activity eligible under Title I of the Housing and Community Development Act of 1974, as amended. Example: single family rehab activity. C. "Annual Program" means those combined activities submitted by cooperating units to COUNTY for CDBG funding as part of the Consolidated Plan. D. "Analysis of Impediments to Fair Housing Choice" or "AI" means an assessment of how laws, regulations, policies and procedures affect the location, availability, and accessibility of housing, 1 and how conditions, both private and public, affect fair housing choice. All HUD grantees must certify that they will affirmatively further fair housing, which means conducting an Analysis of Impediments to Fair Housing Choice (AI), taking appropriate actions to overcome the effects of any impediments identified through that analysis, and keeping records of these actions. E. "Consolidated Plan" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. F. "Cooperating Unit(s)" means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each Agreement. G. "HUD" means the United States Department of Housing and Urban Development. H. "Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people, or which has previously been granted Metropolitan City status by HUD. I. "Program" means the HUD Community Development Block Grant Program as defined under Title I of the Housing and Community Development Act of 1974, as amended. J. "Program Income" means gross income received by the recipient or a subrecipient directly generated from the use of CDBG. K. "Public service activities" means the provision of public services described in 24 CFR 570.201(e). L. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. M. "Urban County" means the entitlement jurisdiction within the provisions of the Act and includes the suburban Hennepin County municipalities which are signatories to this Agreement. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant, Emergency Solutions Grants (ESG) Programs and HOME appropriations for the Federal Fiscal Years 2018, 2019 and 2020 and from any program income generated from the expenditure of such funds. III. AGREEMENT The initial term of this Agreement is for a period commencing on October 1, 2017 and terminating no sooner than the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2020, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. Prior to the end of the initial term and the end of each subsequent qualification period, the COUNTY, as the lead agency of the URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, shall provide a written notice to the COOPERATING UNIT 2 of their right not to participate in a subsequent qualification period. The written notice will provide the COOPERATING UNIT a minimum thirty (30) day period to submit a written withdrawal. If the COOPERATING UNIT does not submit to the COUNTY a written withdrawal during the notice period, this Agreement shall be automatically extended for a subsequent three-year qualifying period. This Agreement must be amended by written agreement of all parties to incorporate any future changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in the COOPERATING UNIT's jurisdiction. This Agreement shall remain in effect until the CDBG, HOME and ESG funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed. COUNTY and COOPERATING UNIT cannot terminate or withdraw from this Agreement while it remains in effect. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of the COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of Housing, Community Works and Transit so that the Agreement can be submitted to HUD by July 24, 2017. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the urban county's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, and affirmatively furthering fair housing. COOPERATING UNIT and COUNTY shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and other applicable laws. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the terms of this Agreement, certain activities eligible for funding under the Act. The COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CFR Part 91. COOPERATING UNIT further specifically agrees as follows: A. COOPERATING UNIT will, in accord with a COUNTY -established schedule, prepare and provide to the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated Plan. 3 B. COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by the COUNTY. C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D. COOPERATING UNITS shall expend all funds annually allocated to activities pursuant to the Subrecipient Agreement. 1. All funds not expended pursuant to the terms of the Subrecipient Agreement will be relinquished to the COUNTY and will be transferred to a separate account for reallocation on a competitive request for proposal basis at the discretion of the COUNTY where total of such funds is $100,000 or greater. Amounts less than $100,000 shall be allocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. E. COUNTY and COOPERATING UNITS shall expend all program income pursuant to this Agreement as provided below: 1. Program income from housing rehabilitation activities administered by the COUNTY will be incorporated into a pool at the discretion of the COUNTY. The pool will be administered by COUNTY and will be used for housing rehabilitation projects located throughout the entire Urban County. When possible, COUNTY will give priority to funding housing rehabilitation projects within the COOPERATING UNIT where the program income was generated. Funds expended in this manner would be secured by a Repayment Agreement/Mortgage running in favor of the COUNTY. Program income generated by METROPOLITAN CITY COOPERATING UNITS that administer their own housing rehabilitation activities may be retained by the COOPERATING UNIT at its discretion. 2. COUNTY reserves the option to recapture program income generated by non -housing rehabilitation activities if said funds have not been expended within twelve (12) months of being generated. These funds shall be transferred to a separate account for reallocation on a competitive request for proposal basis administered by COUNTY or, where the total of such funds does not exceed $100,000, shall be reallocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. F. COOPERATING UNITS are encouraged to undertake joint activities involving the sharing of funding when such action furthers the goals of the Consolidated Plan and meets the expenditure goals. G. If COUNTY is notified by HUD that it has not met the performance standard for the timely expenditure of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by HUD according to its policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced accordingly. 4 H. COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals, as contained in the Urban Hennepin County Consolidated Plan, and will comply with COUNTY's direction to redirect the use of funds when necessary to accomplish said goals. I. COOPERATING UNIT shall ensure that all activities funded, in part or in full by grant funds received pursuant to this Agreement, shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall, in implementing all programs and/or activities funded by the basic grant amount, comply with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. J. COOPERATING UNIT acknowledges the recommendations set forth in the current Analysis of Impediments to Fair Housing Choice. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its certifications to HUD may be prohibited from receiving part or all CDBG funding for its activities, and may be required to reimburse COUNTY for part or all of funds it has received. K. COOPERATING UNIT shall participate in the citizen participation process, as established by COUNTY, in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. L. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or COUNTY to be ineligible. M. COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. N. COOPERATING UNIT has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. O. COOPERATING UNIT shall not sell, trade, or otherwise transfer all or any portion of grant funds another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under Title I of the Act. COUNTY further specifically agrees as follows: A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis, all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. 5 follows: B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing goals. D. COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing rehabilitation activities funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F. COUNTY may, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY; and COOPERATING UNIT shall comply with said Administrative Rules. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as A. Planning and administration costs are capped to 20 percent of the sum of the basic grant amount plus program income that is received during the program year. During the term of this Agreement the COUNTY will receive a planning and administrative retainage of up to fifteen percent (15%) of the basic grant amount; included in this administrative amount is funding for county -wide Fair Housing activities. B. Funding for public service activities are capped to 15 percent of the sum of the basic grant amount plus program income that is received during the previous program year. During the term of this Agreement the COUNTY will retain up to 15% of the basic grant amount for allocation to public service activities county -wide. Funds retained for public service activities will be awarded in a manner determined by COUNTY on a competitive request for proposal basis. C. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING UNITS in accordance with the formula stated in part D and the procedure stated in part E of this section utilizing U.S. Census Bureau data. The allocation is for planning purposes only and is not a guarantee of funding. D. Allocation of funding will be based upon a formula using U.S. Census Bureau data that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. E. Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: 1. All COOPERATING UNITS which are also METROPOLITAN CITIES will receive funding allocations in accordance with the COUNTY formula allocations. 2. All COOPERATING UNITS with aggregate formula percentages of greater than five percent (5%) of the total using the procedure in part D. of this section will receive funding allocations in accordance with the COUNTY formula allocations, unless the resulting allocation would total less than One Hundred Thousand Dollars ($100,000.00). 3. COOPERATING UNITS with aggregate formula percentages of five percent (5%) or less of the total using the procedure in part D. of this section or with funding allocations of less than One Hundred Thousand Dollars ($100,000.00) will have their funds consolidated into a pool for award in a manner deteitnined by COUNTY on a competitive request for proposal basis. Only the COUNTY and COOPERATING UNITS whose funding has been pooled will be eligible to compete for these funds. 4. COOPERATING UNITS shall have the option to opt -in to the consolidated pool specified in item 3. of this part by providing written notice to COUNTY by November 15th annually. F. The COUNTY shall develop these ratios based upon data to be furnished by the U.S. Census Bureau. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data. G. In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the amount not requested shall be made available to other participating communities, in a manner determined by COUNTY. VI. METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of the re -qualification process for fiscal years 2018-2020, that it is newly eligible to become a metropolitan city and the COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to July 16, 2017, the COOPERATING UNIT must remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that 7 the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly -assisted housing. Assistant County Attorney 8 VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on , 2017, and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY agrees to be bound by the provisions herein set forth. APPROVED AS TO FORM: Assistant County Attorney Date: COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chair of its County Board Attest: Deputy Clerk of the County Board Date: By: County Administrator Date: By: Assistant County Administrator — Public Works Date: Recommended for Approval: Director, Community Works Date: 9 IX. COOPERATING UNIT EXECUTION COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNIT'S governing body having duly approved this Agreement on , 2017, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement. CITY OF By: And - Its Mayor Its City Administrator ATTEST - CITY MUST CHECK ONE: The City is organized pursuant to: X Plan A Plan B Charter 10 Agenda Item # 5F 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 resourceJ. 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 fe sign f;,..,ntly 1,;,. of than that availablonot 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 the-yLit 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 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: (1) Parcels with opportunities to achieve the following primary conservation objectives will be given higher consideration for flexibility from performance standards. hardwood forests (e.g. Maple Basswood Forest), lakes, streams and wetlands. 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 given consideration for flexibility from performance standards: 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 current Parks, Trails, and Open Space Plan. 41,1. The reservation of land for incorporating public and /or private Open Space in order to achieve goals as identified in the Comprehensive Plan. sn^'�e4he e-as-tie e-xisting-ze d iRtfit, applicant is not in agreement with the Composite Map of the Open Space Report or the data an appeal to the city. Subd. 1. The applicant shall put the appeal in writing, accompanied by the fee as described 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 appeal city staff s decision to the city council. The appeal must be filed within thirty days of staff s 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 827.61. 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 (5) 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. (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. 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)(2) 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. Ordinance No. ### 6 DATE 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 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: Ordinance No. ### 7 DATE (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. 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 Ordinance No. ### 8 DATE 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. (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. Ordinance No. ### 9 DATE 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. 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. Ordinance No. ### 10 DATE 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. 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. 21. Where city sanitary sewer service is not available, Aall 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. 32. 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. 43. Lots within CD-PUD developments may be designed so that individual septic tanks and all required treatment and dispersal areas are located within the lot, or so that individual septic tanks and the primary treatment and dispersal area is located within the lot and the secondary treatment and dispersal area located in the designated Conservation Area or other Open Space. Secondary drainfields/mound systems treatment and dispersal areas may only be located in designated Conservation Areas and other Open Space provided that: Ordinance No. ### 11 DATE (a) fey -The treatment and dispersal area isare located within a limited distance of the lots wit serves. (b) Construction of treatment and dispersal area drainfields/mound systems do not result in the destruction of ecological resources. (c) The Conservation Area or Open Space parcel containing the treatment and dispersal area 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 treatment and dispersal areadrainfield/mound system. (e) The ground cover over the treatment and dispersal area drainfield/mound system is maintained according to the Land Stewardship Plan. (f) Recreational uses are prohibited within 50 feet of the treatment and dispersal areadrainfields/mound systems. (g) The Conservation Easement for the dedicated Conservation Area parcel describes the location of individual drainfields/mound systems' treatment and dispersal areas. (g)(h) The City may consider the impact of the future construction of the treatment and dispersal area(s) when determining the value of the Conservation Area, the extent to which the Conservation objectives have been met, and the amount of density and design flexibility which is granted. 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 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 staff s 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. Ordinance No. ### 12 DATE 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 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 Agenda Item # 5G 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. 1111 # 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 Agenda Item # 5H Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2017-### RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO DONALD DYKHOFF FOR AN INDIVIDUAL SEWAGE TREAMENT SYSTEM AT 3396 ELM CREEK DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Donald R. Dykhoff (the "Owner") owns property located at 3396 Elm Creek Drive (the "Property"), which is legally described as: Lot 2, Block 1, Hunter Farms Addition, Hennepin County, Minnesota; and WHEREAS, the Owner has requested approval of a variance to reduce the required 75- foot setback for an individual sewage treatment system (ISTS) from a wetland on the Property; and WHEREAS, the City Council held a public hearing and reviewed the requested variance on June 6, 2017, heard testimony from the Owner's representative, City staff, and interested parties; and WHEREAS, following such review the City Council made the following 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. 2) The Owner has established that there are practical difficulties in meeting the strict letter of the ISTS ordinance. 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." NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves a variance to reduce the required 75-foot wetland setback for an ISTS on the Property, subject to the following terms and conditions: 1) The ISTS shall be setback a minimum of 50 feet from the wetland on the Property. 2) The Owner 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. Resolution No. 2017444 June 20, 2017 3) 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. 4) The Owner 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. Dated: June 20, 2017. By: Bob Mitchell, Mayor Attest: By: 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-#Mi 2 June 20, 2017 Agenda Item # 5I Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2017-### RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL TO ROBIN JOHNSON AT 1325 TAMARACK DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Robin E. Johnson (the "Owner") owns property located at 1325 Tamarack Drive (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owner has requested approval of a conditional use permit for an accessory dwelling unit and also for accessory structures with an aggregate footprint not to exceed 7,100 square feet; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on May 9, 2017, heard testimony from the Owner, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the June 6, 2017 meeting, reviewed the testimony, and recommendation of the Planning Commission; and WHEREAS, following such review the City Council made the following findings: 1) The proposed accessory structures are consistent with the specific requirements for the conditional use as described in Section 825.19 and 826.98 of the City Code, subject to the conditions noted in this resolution. 2) The proposed accessory dwelling unit is consistent with the specific requirements for the conditional use as described in Section 826.98 of the City Code, subject to the conditions noted in this resolution. 3) The proposed uses are consistent with the general criteria described for conditional uses in Section 825.39 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the conditional use permit for Robin Johnson, subject to the following terms and 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 shall not be conveyed separately and shall at all times be under common ownership. Resolution No. 2017444 June 20, 2017 3) The Owner shall occupy either the principal single-family dwelling or the accessory dwelling unit as their primary residence. 4) The Owner 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 Owner 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 Owner 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 Owner 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 Owner shall abide by all conditions of Medina City Code Section 826.98, Subd. 2(p). 8) The Owner 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. Dated: June 20, 2017. By: Bob Mitchell, Mayor Attest: By: 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-#Mi 2 June 20, 2017 EXHIBIT A Legal Description of the Property That part of the North Vz of the Southeast % at the Northwest % of Section 26, Township 118 North, Range 23, West of the 5th Principal Meridian, lying South of the North 163.7 feet thereof. ALSO, that part of the South IA of the Southeast % of the Northwest '% of Section 26, Township 11 B, Range 23, lying North of the South 338 feet thereof and Vilest of the East 378 feet thereof. Resolution No. 2017-### 3 June 20, 2017 Agenda Item # 7A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 15, 2017 MEETING: June 20, 2017 City Council SUBJ: Reserve of Medina — Phase II PUD Concept Plan Summary of Request Toll Brothers has requested review of a Concept Plan for a potential Planned Unit Development on the undeveloped portion of the Reserve of Medina project. The subject property is east of County Road 116 and south of Hackamore Road. The property is zoned R1, Single Family Residential. On July 16, 2013, the City granted final approval for the Reserve of Medina, which platted 51 single family lots out of the 126 total lots approved in the Reserve project. The applicant is seeking to amend the layout of the remaining site from what was approved back in 2013. The applicant still proposes a total of 126 lots, but also proposes to convey the northwest 4 acres of the site to the City for park dedication. The applicant proposes a mix of lots with widths of 85-feet, 90-feet, and 97-feet in the remaining site. The approved plan had included wider 97-foot wide lots throughout. The minimum lot width in the R1 zoning district is 90 feet, so the applicant has requested the PUD in order to allow the narrower lots so that the park can be dedicated and the applicant can maintain the same number of lots. The subject site has previously been rough -graded for the subdivision and the grading will change very little under the new layout. The exception would be the park area in the northwest corner rather than six lots. Those six lots would be shifted to the south portion of the site. Wild Meadows is located to the east of the site, Foxberry Farms lies west of County Road 116, and the City of Corcoran north of Hackamore Road. There are existing rural homes to the south and west of the site, and also to the east of the proposed park. An aerial of the site is at the top of the following page. Concept Plan The applicant seeks to adjust the lots slightly to keep the same number of single-family lots (75) while freeing up some land to create a park in the northcentral portion of the development. The applicant requests a 5-foot reduction of setbacks within the PUD in order to broaden the styles of homes which could be constructed on the variance size lots. The following table summarizes the requirements of the R1 zoning district (existing zoning) in comparison to the three lot types proposed by the applicant. Flexibility sought through the PUD Reserve of Medina Page 1 of 5 June 20, 2017 Phase II PUD Concept Plan City Council Meeting process is highlighted in yellow, but is generally requesting a 5 foot reduction of lot width on 1/3 of the remaining lots and a 5-foot reduction of the combined side yard setbacks throughout. The applicant has generally shown the 85-foot wide lots in the interior of the development, so the only change noticeable from off -site would be the reduction of 5-foot side yard setback. R-1 Standard 97' Lots 90' Lots 85' Lots # of lots 23 24 28 Min. Lot Size 11,000 s.f. 13,580 s.f. 12,600 s.f. 10,200 s.f. Min. Lot Width 90 feet 97 feet 90 feet 85 feet Min Lot Depth 110 feet 140 feet 140 feet 120 feet Front Setback 25 feet 25 feet 25 feet 25 feet Garage Doors 30 feet 25 feet 25 feet 25 feet Side Load 20 feet 20 feet 20 feet 20 feet Side Setbacks 15' and 10' 10 feet 10 feet 10 feet Rear Setback 30 feet 30 feet 30 feet 30 feet Max Hardcover 40% 40% 40% 40% Reserve of Medina Phase II PUD Concept Plan Page 2 of 5 June 20, 2017 City Council Meeting Transportation/Access The proposed PUD does not significantly alter the transportation of the development. The neighborhood would connect to Hackamore in the northeast corner. The street would no longer be extended to the six -lots in the northwest corner and the temporary cul-de-sac removed. Access for the park would need to be considered and could either be provided from Hackamore Road or from Elysian Trail. Utilities/Grading The utilities would generally not be affected by the proposed changes. Staff recommends that utility stubs be provided for the park. The grading for the site would also generally remain the same except in the location of the park. Staff recommends a condition that the applicant re -grade the park area in order to correct drainage issues caused by the rough grading of streets in connection with conveyance to the City. House Plans The applicant has indicated that the PUD would allow them to more efficiently provide a broader range of house plans. Conceptual renderings of some of these plans are attached. Park Dedication When the Reserve of Medina was approved in 2013, the following was required for park dedication: a) The Developer shall update plans to provide improved access to Outlot D. Either a 40 foot wide trail easement shall be dedicated or a 20-foot wide outlot shall be deeded. b) The Developer shall dedicate a 10-foot wide trail easement along Hackamore Road. c) The Developer shall pay a park dedication fee of $604,672.75 in -lieu of dedication of additional land. A potential park was discussed early in the review process, but the City ultimately did not require parkland. Subsequent to that time, the Park Commission has expressed an interest in a future park in the northeastern corner of the City near the following neighborhoods: • Reserve of Medina • Villas of Medina • Woods of Medina Wild Meadows A future park search area was included in the Park Plan of the draft Comprehensive Plan update. Based upon the calculations utilized for the Reserve of Medina park dedication requirements, staff estimates that the value of the land at $405,015.50. Staff would recommend that the City require the developer to re -grade the area prior to the City obtaining the land. The land has previously been graded with road beds and building pads which cause drainage issues and safety concerns. Staff has indicated this to the developer and a grading Reserve of Medina Page 3 of 5 June 20, 2017 Phase II PUD Concept Plan City Council Meeting plan should be included upon formal application. Further development of the park would need to be planned and funded in the future. Staff had raised concerns with the applicant related to the park not being conveniently located for the people it is intended to serve. The applicant reviewed alternative locations, but stated that other locations were not economically viable for them. The Planning Commission shared staff s concern related to location. Commissioners stated that it would appear the park was more accessible for Corcoran residents than Medina residents. Planned Unit Development Criteria In Section 827.25, the City states the purpose of a planned unit development. It states that the PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, and other development standards is intended to encourage: 1) Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. 2) Higher standards of site and building design. 3) The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. 4) Innovative approaches to stormwater management and low -impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. 5) Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. 6) A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. 7) An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. 8) A development pattern that effectuates the objectives of the Medina Comprehensive Plan. PUDs are not intended as a means to vary applicable planning and zoning principles. 9) A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. The purpose of the concept plan review for a PUD is for the applicant to explain the general intent of the plan, for the Planning Commission and City Council to provide advisory comments to the applicant, and for the public to give input. No comments from the Planning Commission or Council imply any future approvals or commitments from the City. If the City Council does not feel the proposed plan meets the purpose of a PUD or the intent of the Comprehensive Plan, comments on how to improve the plan should be provided. Park Commission Feedback The Park Commission reviewed the concept at the May 17 meeting. Minutes are attached for reference. Commissioners generally supported obtaining the park in this area of the City and felt that the PUD would provide that opportunity. Reserve of Medina Page 4 of 5 June 20, 2017 Phase II PUD Concept Plan City Council Meeting Planning Commission Feedback The Planning Commission held a Public Hearing at the June 13 meeting. Minutes are attached for reference. Two speakers at the public hearing expressed concern with traffic and access to the park off of Hackamore Road and potential drainage impacts of grading for the park. Generally, Commissioners did not believe the proposal met the criteria of the PUD district and that obtaining the park land in the proposed location did not justify the 5-foot reduction of setbacks or the 5-foot reduction of lot width on the twenty-eight 85-foot wide lots. Staff Comments The City has a good deal of discretion when reviewing a PUD request. A PUD should meet the objectives noted above in order to be approved. In this case, if the City does not determine that the PUD is appropriate, the original preliminary plat would still be valid. The developer may not be willing to work with the City to convey the property for the park if they were not able to rearrange the lots to arrive at a similar overall number. In this case, the goal is to largely allow for the same amount of density but also accommodating new parkland. If the City Council were to find that this meets the purpose of the City's PUD Ordinance, this general layout could be deemed appropriate with the following comments: 1. The developer shall be responsible for site grading within the proposed park. 2. The developer shall provide utility stubs for the park. 3. A plan for turn lanes from Hackamore will be required. 4. The access to Outlot C shall either be a 40 foot wide easement or a 20 foot wide outlot. 5. The applicant shall depict the footprint of the proposed building plans on the proposed lots. 6. The developer shall confirm that the original tree preservation plan will be met. 7. Revised grading and utility plans are required upon preliminary plat submission. 8. All comments from the City Engineer shall be addressed. 9. All comments from the City Attorney shall be addressed. Attachments 1. Excerpt from 5/17/2017 Park Commission Minutes 2. Excerpt from 6/13/2017 Planning Commission Minutes 3. City Engineer Comments 4. Applicant Narrative 5. Concept Plan 6. House Plans 7. Original (approved) preliminary plat Reserve of Medina Page 5 of 5 June 20, 2017 Phase II PUD Concept Plan City Council Meeting Medina Park Commission Excerpt from DRAFT 5/17/2017 Meeting Minutes Reserve of Medina — Phase II PUD Concept Plan — Park Dedication Review Meehan noted that this is the proposal that the Park Commission briefly discussed and drove past during the April 19`h Park Tour. Gallup stated that the subject site is located east of County Road 116 and south of Hackamore Road. She stated that the original subdivision was approved in 2013 with a total of 1261ots and no public park land dedicated. The applicant built a small private tot - lot and swimming pool. She stated that the applicant is now proposing to re -plat the remaining property with a combination of lot sizes to include some smaller lots. The results would create the same total number of lots as proposed in 2013, but also allow for four acres of park land to be dedicated. Gallup stated that the original park dedication in 2013 took a trail easement along Hackamore Road, a trail to the wooded open space in the southwest corner, and $604,672.75 in park dedication fees. Gallup noted that since that time, the Park Commission realized that there is a need for a public park on the east side of County Road 116 and put a circle on the future facilities map showing the desire for a future park in this location. She noted that this piece of property would likely provide the largest area within the circle to acquire park land through Park Dedication. The Park Commission discussed the location of the proposed park land and noted the distance from the residents in phase one of the development. It was noted that the location is not ideally centered, but it would still serve the residents in this development and other developments within the Park Commission's goal to provide park land within a half mile radius. Rumsey stressed the importance of providing some parking for residents that may need to drive to the park. Scherer stated that staff would recommend that the developer re -grade the park area to remove the road bed and fix the drainage. The Park Commissioners agreed. Cole stated that she was in support of taking the park land to provide these residents with open space and to preserve the rural nature of the city. There was a general consensus of the Park Commission to accept the park land dedication and pay the applicant back for the land in the amount of approximately $405,015.50 out of the Park Dedication fees they paid to the City in 2013. 1 Medina Planning Commission Excerpt from DRAFT 6/13/2017 Meeting Minutes Toll MN L.P. — PID #01-118-23-24-0010 — PUD Concept Plan Review for Phase II of the Reserve of Medina Finke stated that this is a request to review a planned unit concept plan related to phase II of the Reserve of Medina development. He noted that this process is simply to provide input and no formal action is requested at this time. He stated that there are 75 lots within the Reserve of Medina project that have not been platted and developed. He stated that the applicant is requesting slightly smaller lots in order to reach the number of approved lots (75) and accommodate a four -acre City park parcel within that development. He stated that the applicant is proposing lots with a combination of lot widths including 97 feet, 90 feet and 85 feet wide lots. He noted that the setbacks are also proposed to be reduced. He displayed the proposed concept plan and the approved preliminary plat for comparison purposes. He noted that the developer would be able to carry out with a similar plat to the preliminary plat. He explained that the difference would be that the six lots removed to make the park parcel would be redistributed within the development. He stated that the requirement for lot width is 90 feet, so the 97 foot lots exceeded that requirement. He noted that staff suggested maintaining a 90-foot-wide minimum lot width in order to retain the expected R-1 lot width along the exterior of the site. He stated that this process is not typical because the PUD request would come half way through the development. He reviewed the criteria used to evaluate a PUD request and noted that staff provided input within the Commission packet. He noted that the main purpose for this request would be to accommodate the future City park while still retaining the same number of lots and providing a variety of housing products. He noted that if the applicant moves this forward as a formal PUD request and if that were not approved, the developer could still carry on with the approved plat. Reid asked and received additional clarification on the lot widths and setbacks. DesLauriers asked if a price has been determined for the park land. Finke explained that the amount would be credited back towards the park dedication that would be owed. DesLauriers asked what would happen with the pocket park on Outlot C. Finke stated that the City already has possession of that land. He stated that Outlot C is an open space and not an active park, noting the wet conditions. He noted that area links to open space areas that have been dedicated to the City through adjacent development. Murrin asked if the City requested this park land, or how this request came about. Finke stated that after the subdivision was approved and the City determined not to take land, the City did consider looking for park land in this general area. He stated that when Toll was looking at development options, staff did bring up the idea of wanting future park land. Murrin asked how the timing would work for constructing the park and whether that would be available in the budget. Finke replied that the park would not be immediate and would wait for more of the subject property to be developed before investing in that park. He noted that the Park Commission would make a recommendation to the Council. He noted that a park was identified in this area within the Comprehensive Plan. Murrin asked the average lot size for the smaller lots. 1 Medina Planning Commission Excerpt from DRAFT 6/13/2017 Meeting Minutes Finke replied that the average lot size would exceed the minimum lot size for the R-1 district, which would be a quarter acre lot. Albers asked if staff has talked to the applicant about maintaining the minimum lot width or whether it would be too much to sacrifice 1.51ots in the process. Finke stated that one of the applicant's main interests is to maintain the same number of lots. Reid asked the price point on the homes in the existing portion of the development. John Hensen, Assistant Vice President with Toll Brothers replied that the homes within the current phase begins at $825,000 to $850,000. He confirmed that the new product would begin at $675,000 while still maintaining the higher value desires. White opened the public hearing at 7:25 p.m. Ave Bopray, 545 Hackamore Road, stated that her property is adjacent to the proposed park land. She stated that in a public park forum they would ask the City to think about where the traffic is. She stated that Hackamore already has bad traffic conditions and asked the type of consideration that would be given to that situation in regard to accessing that City park. Ryan Lindel, 565 Hackamore Road, stated that he has lived at his home for three years and Hackamore Road continues to get busier. He stated that traffic is horrendous and even the patrols and speed trailer do not seem to help. He stated that there is also development in the neighboring community that continues to add traffic. He stated that there are also problems with drainage from Wild Meadows that spill onto their property. He stated that the sloping of the land caused the water problems and he would be interested to know how the water would be managed with the increased impervious surface. White closed the public hearing at 7:29 p.m. White asked how access would occur for a future park. Finke stated that staff has not yet discussed the best option for access. He noted that there is a future trail connection to Hackamore. He referenced an alternative access that could be gained. He stated that road connection to the future park from Hackamore is not a given. White noted that The Fields of Medina is a ten -acre park, which is why parking was provided. She asked if parking would be needed for a four -acre park. Finke stated that parking would be provided to some extent, but agreed that it was a different type of park. He stated that although it would not incur the same type of activity as The Fields of Medina, they would still want it to be convenient for people to drive to the park. Albers asked if there are any plans for parks in the southern development of Corcoran. Finke stated that he has not been made aware of plans for parks in that area, but noted that there is land that has been sold for development in that area. He hoped that the cities would be able to work together in planning for that type of amenity. Murrin stated that there seems to be two issues; first the lot width sizes and second being the location of a future park. She stated that she is not a big fan of the smaller lot sizes. She stated that she drives along 2 Medina Planning Commission Excerpt from DRAFT 6/13/2017 Meeting Minutes Hackamore and does not believe there is space for on -street parking. She also did not think a four -acre size park would have sufficient space to create a parking lot. She stated that it seems that this would be the City funding a park that would mostly be used by Corcoran residents. DesLauriers stated that he spent four years on the Park Commission and provided input on the Fields of Medina plans. He agreed that placing a park in that location would be at the expense of the City for only the benefit of the residents in that portion of the development and the residents of Corcoran. He stated that if the developer wants a park for their residents they could supply that. Reid asked if a developer typically funds a park on their development. Finke replied that if the City chooses to take land, there is not much left in park dedication funds to fund equipment. He noted that each circumstance is unique. Reid stated that she likes the variety in housing product and the changes to the plat seem to be minor. She noted that there was a time when the City regretted not taking park land from this development. She agreed that this park would benefit residents in the development. She noted that at Bridgewater, they installed four parking spaces and that was sufficient. She noted that there would not be an impact to traffic because there are already the same number of residents and daily trips. Finke stated that if the Commission would be supportive in the variety of lot width and park, but not in this location, that would be helpful to know. Albers asked, and received confirmation that this addition of the project would have access to the amenities such as the pool. He stated that if the City needs another park in this part of the City, he would like to see it more accessible than what is proposed here. He was unsure if he could set up the PUD as designed, with the smaller lot widths. He stated that it appears too crowded and would be big houses on little lots. Nester stated that she does not like the quarter acre lot size, but that may be what the market demands. She stated that she would like a more centrally located parcel for the park. She noted that if the park were placed closer to the pool that could be shared parking. White stated that she agrees with the comments of Albers. She noted that it was overlooked to request a park in this area and appreciates the willingness of the developer to consider the option at this time. She stated that this would be awkward placement for a park and would basically serve this development only. She stated that she did not see a large benefit to the park in return for the smaller lot sizes. She stated that if the park were to be somewhere else, perhaps there would be a better tradeoff for the smaller lot sizes. Hensen stated that the park did come up through negotiations and shortly thereafter the market began to change. He stated that they are trying to sell more homes in the current market conditions and that is the driving factor. He stated that they have invested a lot in the park and pool that they currently have and therefore do not need another park. He stated that homes in other developments are selling at a much higher rate because that is what the market wants. He stated that they are attempting to react to the market, provide homes that people want to buy, maintain the lot count and provide the land to the City in the process. He stated that if this is not approved, they would simply build the smaller homes on larger lots. He provided additional examples of issues they have encountered with the setbacks as a custom builder. He noted that people want more space in the back of the home compared to the front yard. He stated that they did look at other locations for park land but noted that it did not make sense because they are not attempting or needing another park. 3 YY SB aRlf May 30, 2017 Mr. Dusty Finke Planner City of Medina 2052 County Road 24 Medina, MN 55340-9790 701 Xenia Avenue South I Suite 300 I Minneapolis, MN 55416 I (763) 541-480011 Re: The Reserve of Medina Phase II Concept — Engineering Review City Project No. LR-17-202 WSB Project No. 010120-000 Dear Mr. Finke: We have reviewed The Excelsior Group Concept plan submittal dated May 10, 2017. The plans propose to construct 75 single family parcels. The documents were reviewed for general conformance with the City of Medina's general engineering standards and Stormwater Design Manual. We have the following comments with regards to engineering and stormwater management matters. Site Plan & Civil 1. The City will require that the developer provide a grading plan and perform grading throughout the future City park area. 2. Provide a storm sewer, sanitary sewer, and watermain stub north of Elysium Trail into the City's future park property (a minimum of 20 feet). 3. Provide grading and utility plans with future submittals. Improvements must not impact adjacent properties. If grading occurs on adjacent properties, easements must be obtained from the owner. 4. Impacts to the wetland north of Elysium Trail have already occurred. Provide documentation that the proper mitigation proceedings have been completed. If the impacts were not mitigated, the applicant must do so. 5. A permanent access to the future City Park from Hackamore Road will be required. 6. Confirm the length of the cul-de-sac does not extend past the City's maximum allowable. 7. The watermain improvements will require approval from the MDH, provide completed and approved permit documents. 8. The sanitary sewer improvements will require a permit from the MPCA, provide completed and approved permit documents. Traffic 9. Provide a plan for the turn lane improvements on Hackamore Road. 0 Building a legacy — your legacy. Equal Opportunity Employer I wsbeng.como The Reserve of Medina Phase II Concept — Engineering Review May 30, 2017 Page 2 Stormwater 10. Provide a stormwater management report, modelling, and calculations specific to Phase II 11. The development will need to meet the appropriate watershed standards. Provide completed and approved permit documents. Please contact me at 763-287-8532 if you have any questions. Sincerely, WSB & Associates, Inc. Jim Stremel, P.E. City Engineer moll cBrothers America's Luxury Home Builder® May 3, 2017 City of Medina 2052 County Road 24 Medina, MN 55340 RE: Reserve of Medina, Phase 2 - Rezoning Dear Mr. Finke, Toll Brothers Inc. (Toll) is proposing to rezone approximately 52-acres of the remaining property at the Reserve of Medina, consisting Qutlots B, C, & D. The purpose of the rezoning is to provide additional flexibility and product offerings within this project without increasing the number of homes (75 lots). As market conditions continue to change and more and more developments open in the area, it is evident that Tall Brothers must also adapt to the market demands. While our national market niche has always been the larger style homes with multiple formal spaces and grand two story volume space, the local market prefers more functional and family friendly floor plans. It is our intent to cater to both markets with a harmonious blend of products. We will continue to offer our traditional product from Phase I on the remaining 97' lots, a blend of old and new product on the 90' lots (fits 13 of our homes plans) and setting aside the 85' lots for the new product (fits 7 of our home plans). Lot mix can be seen on the attached concept plan and new product elevations and floor plans are also included. In addition to the lot width change being requested, we are also requesting approval for a change in front and side yard setbacks. A 25' front setback for a front entry garage will provide for a larger rear yard for our families as well as additional depth for our sunroom and rear expansion options which have been extremely popular. It has proven difficult to maintain an odd number side yard setback at 25' given the size of our homes. A home built on one lot maximizing the space leaving 10' setback on both sides affects the size of home that can be built on the neighboring lot and ultimately restricting customers on what and where they can purchase. In addition, the requested change to 20' side yard setbacks is critical to the product offering fitting on the various lot widths as described above. The table below provides a summary of the proposed changes to the Single Family Residential (R1) zoning district to Planned Unit Development (PUD). E.visting RI Proposed PUD Difference Minimum Lot Width 90 feet 85 feet 5 feet Front Setback (front Entry Garage) 30 feet 25 feet 5 feet Side Setback 25' Combined 20' Combined 5 feet New York Stock Exchange • Symbol TOL MINNESOTA DIVISION 14260 23rd Ave N • Plymouth. MN 55447 • (651) 365-0601 • Fax (651) 365-0605 tollbrothers, com `Toll `Brothers America's Luxury Home Builder' In consideration for the flexibility and proposed changes to the R1 zoning, Toll is offering to dedicate approximately 4-acres of park land as depicted on the Concept Plan as Outlot A. Please contact me at (651)-587-8409 or, jhenson@tollbrothers.com should you have any questions. Sincerely, Joienson Minnesota Division Assistant Vice President New York Stock Exchange • Symbol TOL MINNESOTA DIVISION 14260 23rd Ave N • Plymouth, MN 55447 • (651) 365-0601 • Fax (651) 365-0605 tollbrothers.com } m This document, together with the concepts and designs presented herein, as an instrument of sery 1 MEDINA LAKE ROAD O • / I EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) EXISTING LIFT ST'TION EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) EXISTING ZONIN RURAL RESIDENTIAL RESERVE (RR-U WETLAND IMPACT # 1 2,612 SF \ �� \ \ �� \ ■— — 15' BUFFER SETBAC MANAGE WETT-Frly9FI 1PACT#4 25' AVG. WETLAND BUFFERS971 SF 20' MIN WETLAND BUFFER (TYP) \ EXISTING ZONING: URBAN RESERVE (UR) ▪ EXISTING ZONING: RU RESIDENTIAL -URBAN RESEf2 Ey (RR-UR) EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) \ EXISTING ZONING: URBAN RESERVE (UR) EXISTING ZONING: URBAN RESERVE (UR) EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) L� EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) SHAWNEE WOODS ROAD EXISTING ZONING: PUBLIC/SEMI-PUBLIC (PS) I EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) I I WETLAND IMPACT # 5 EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) 1,942 SF EXISTING ZONING: URBAN RESERVE (UR) CITY OF CORCORAN CITY DINA MANAGE 1 30' AVG. WETLAND BUFFER 20' MIN. WETLAND BUFFER (TYP) 4.1 ACRES PARK OUTLOT A EXISTING ZONING: URBAN RESERVE (UR) RIP RAP OVERFLOW ELEV.=988.8 TOP OF/BERM EL/ .=990.0 15' BUFFER SETBACK EXISTING ZONING: (TYP) RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) I I HACKAMORE ROAD WETLAND IMPACT 14 (INCIDENTAL) 22,800 SF EXISTING ZONING: RURAL RESIDEN�AL-URBAN RESERVE (RR-UR) EXISTING ZONING: URBAN RESERVE (UR) LAND IMPACT # 9 937 SF PROPOSED 20' TRAIL EASEMENT WETLAND IMPACT # 10 984 SF PRESERVE (NON DNR MAPPED AREA) 35'AVG. WETLAND BUFFER 25' MIN WETLAND BUFFER (TYP) EXISTING ZONING: PUBLIC/SEMI-PUBLIC (PS) OUTLOT C 3.5 ACRES EXISTING ZONING: RURAL RESIDENTIAL -URBAN RESERVE (RR-UR) EXISTING ZONING: PLANNED UNIT DEVELOPMENT i WILD MEADOWS EXISTING ZONING: PLANNED UNIT DEVELOPMENT (PUD #1) EXISTING ZONING: PLANNED UNIT DEVELOPMENT / I I g C U7 0 m \ \ I BENCHMARKS BM NO. 1 MNDT CADY, GSID #11222 ELEV.=1008.695 NGVD 29 BM NO. 2 MNDT 2722AA, GSID #10283 ELEV.=1008.748 NGVD 29 GRAPHIC SCALE IN FEET 0 75 150 300 1.0' w� z J 13.0' w 1/4" PER FT. a 27.0' 14.0' Om- 23.0' 14.0' 2.0% 5' CONCRETE SIDEWALK D428SURMOUNTABLE CONC. CURB & GUTTER SUBGRADE PREPARATION PER GEOTECHNICAL REPORT SUBGRADE STABILIZATION FABRIC 8 OZ./SY NON -WOVEN FINISHED GRADE — 1-1/2" MNDOT SPWE240B — 2" MNDOT SPNEW230B 8" -100% CRUSHED LIMEROCK AGGREGATE BASE OR RECYCLED AGGREGATE (MNDOT 3138) — 18" SELECT GRANULAR (MNDOT 3733.2) TYPICAL STREET SECTION NTS N MIN.85' 30' REAR SETBACK LOT TYPE A O 125' FRONT SETBACK I MIN. 90' 30' REAR SETBACK LOT TYPE B 25' FRONT SETBACK TYPICAL LOT DIMENSIONS NTS 0 v z MIN. 97' 30' REAR SETBACK LOT TYPE C 0 20' FRONT SETBACK PROPOSED: LOT COUNT EXISTING: O A (85'X120') - 28 LOTS ❑ B (90'X140') - 24 LOTS A C (97'X140') - 23 LOTS 75 LOTS A C (97'X140') - 75 LOTS LAND USE DATA EXISTING ZONING SINGLE FAMILY RESIDENTIAL (R1) TOTAL PROJECT AREA 52.0 AC 100% RESIDENTIAL USE AREA 25.3 AC 49% TOTAL OPEN SPACE AREA 21.4 AC 41 OUTLOT A 4.1 AC OUTLOT B 13.8 AC OUTLOT C 3.5 AC APPROXIMATE STREET AREA 5.3 AC 10% PARKING/LOADING AREA 0 AC 0% Toll Brothers .4M1-kir:A.S. I II5(I1RV 11(:41- null oru' 14260 23rd AVENUE N. OWNER/APPLICANT: PLYMOUTH, MN 55447 CONTACT:JON HENSON PHONE: (651) 365-0601 EMAIL: JHENSON@TOLLBROTHERSINC.COM Kimler» Horn 12750 MERIT DRIVE, SUITE 1000 ENGINEER: DALLAS, TX 75251 CONTACT: MATTHEW R. DUENWALD, P.E. PHONE: (972) 770-3034 EMAIL: MATT.DUENWALD@KIMLEY-HORN.COM Lu Q 0 REVISIONS ci z © 2017 KIMLEY-HORN AND ASSOCIATES, INC. 12750 MERIT DRIVE, SUITE 1000, DALLAS, TX 75251 H U rn W O O O LO Lt N d Cfl CO Q CO = o Y AS SHOWN W J Q U DESIGNED BY m U DRAWN BY 0 2 CHECKED BY CITY OF MEDINA HENNEPIN COUNTY, MINNESOTA SHEET NUMBER CP-1 eaSme,.,..ws<,,ssaneSa. WV,.69, ,11 S.10114041 jjoln THE ADLEY Reserve at Medina 651-330-7070 I ReserveAtMedlva.Com sub!saa ewoH 31H1 (rve-w,m.19166e, 112216 SITE PROPRIETARY CORP. 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ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 10 C STREET NAMES ARE SUBJECT TO APPROVAL BY THE OTT. -� ---J D. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED. DRAINAGE AND UTILITY EASEMENTS WILL BE PROVIDED OVER ALL PUBUC UTILMES AND UP TO ONE FOOT ABOVE THE HIGH WATER LEVEL OF ALL PONDS E. THE STREET RIGHT OF WAYS ARE TO BE 50 FEET IN WIDTH. F. THE STREET SECTION SHALL BE 2B'BACKE°BACK MEDINA LANE DRIVE TO BE DEDICATED TO HENNEPIN COMMIT rat ear Ps O.L. A ;y1,4 1s 61L 171_ - r 171 - DRAINAGE & '1TIlRT EASEMENT 24 b _l19_---b7 1 --119--1 J.- I r5 1 E� 10 L____L_ t BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AS SHOWN ON THE PLAT. I EXISTING 33' PRIVATE DRIVEWAY EASEMENT S89 50.3 °E 20 DRAINAGE & IniU Y EAS LILIUM TRAIL R 36--53-116--70--lfii --1W-- 11 DRAINAGE & UTIUTY EASEMENT 1325.13 r 16- - 39. 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C?nIl `T3rothers Project THE RESERVE OF MEDINA Location MEDINA, MINNESOTA Certification I hereby certify that the plan spxfficar aork repo4 as prepared bYme wuM ��� s ,pervbbn aM Lhal I am a d of Minnnotfessional ENGINEER under of the state of Minnn�`O MDyL�Ia R. Duenwald 0*-ustion N0.45403 Date: 03/15/2013 BapP4aNe. SOMatI b Ewa seeteipwd mpyd Ws planeoth bavalhNe upon requelal MFRA Er., ITYrno,M MNOITre Summary Designed:MRo Drawn: eJ Approved: MRD Book/Page: Phase:PMUMINMY Initial Issued:owe/am Revision History No.Date By Submittal/ Revision A 03/15/13 IN REVISED PER 01Y COMMENTS Sheet Title PRELIMINARY PLAT Sheet No. Revision C3.00 A Project No. TOL19393 MM ND•ase •.ur3a LVreliasATtusnH..no Ra°6,.Aanaowsnare.. Agenda Item # 7B MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 8, 2017 MEETING: June 20, 2017 City Council SUBJ: Brian Fragodt —MR Rear Setback Zoning Ordinance Text Amendment Summary of Request Brian Fragodt has requested that the City consider amending its zoning regulations to reduce the required rear setback within the Multi -Family Residential (MR) district for property which abuts common areas or open space. The applicant owns a twinhome at 3500 Pinto Drive and is interested in rebuilding and expanding the existing deck at the rear of the building. The twinhome association owns a 16 acre parcel containing a large wetland abutting the rear of the properties. The MR district requires a 40 foot rear setback, and this setback would not permit an expansion of the existing deck for 3500 and 3504 Pinto Drive. Other residential zoning districts permit a reduced rear setback when adjacent to open space areas. This allowance is included in the PUD1 (Wild Meadows), R1, and R2 and Mixed Use zoning (residential) districts. The applicant had considered applying for a variance, but staff believed it would be hard to justify a hardship in this case. Existing Regulations The MR zoning district allows duplexes, townhomes, and mutli-family dwellings (apartments). The district would also permit schools, churches, nursing homes, clinics, and animal clinics. The district applies to a small amount of properties in the City. These properties are generally located along Hamel Road, east of Pinto Drive. Additionally, a group of parcels are zoned MR at the northeast corner of Highway 55 and County Road 101 on which single-family homes are located but which could be redeveloped. A zoning map is attached for reference. Few of the MR properties abut a common open space area. As a result, the proposed amendment would have very limited applicability. The MR district currently requires a minimum 40-foot rear setback, 50-foot front setback, and 15-foot side setback (or Y2 the height of the building). Applicant's Proposed Amendment The applicant requests that the City consider adding language similar to other districts which would allow a reduced rear setback of 20-feet if adjacent to an open space area. The amendment is illustrated on the attached ordinance. Brian Fragodt Page 1 of 2 June 20, 2017 MR Rear Setback Text Amendment City Council Meeting Planning Commission Recommendation Staff generally supports the requested amendment. Open space which abuts a property generally serves the same purpose as a larger rear yard setback. The requirement would be similar to that in a number of other districts, and the applicability of the ordinance is fairly limited because of the small number of MR properties which abut open space. In some cases, other setback requirements may come into play. For example, wetland buffer and setback requirements may still necessitate a larger setback. The City has a higher level of discretion when considering amendments to the zoning code because the action is legislative in nature. The Planning Commission held a public hearing on the matter at their June 13 meeting. No one spoke at the hearing. One Commissioner stated that they prefer larger setbacks generally and did not support the reduction. Other Commissioners generally believed that the adjacent open space would serve the purpose of a larger setback and supported a reduced setback in such circumstances. Following discussion, the Commission passed a motion on a 6-1 vote to recommend adoption of the ordinance to reduce the rear setback in the MR zoning district when adjacent to open space. Potential Motion If the City Council concurs with the Planning Commission's recommendation, the following motions would be in order: 1. Move to adopt the ordinance regarding rear yard setbacks abutting open space in the Multi -Family Residential Zoning District. 2. Move to adopt the resolution authorizing publication of the ordinance by title and summary Attachments 1) List of Documents 2) Excerpt from DRAFT 6/13/2017 Planning Commission minutes 3) DRAFT ordinance 4) Resolution authorizing publication by title and summary 5) Applicant Narrative 6) Zoning Map Brian Fragodt Page 2 of 2 June 20, 2017 MR Rear Setback Text Amendment City Council Meeting Project: LR-17-201— MR Rear Setback Amendment 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 5/3/2017 5/3/2017 3 Application Y Fee 5/3/2017 1 2 $500checks Narrative 5/30/2017 5/30/2017 1 Narrative Y Ordinance 5/3/2017 N/A 2 Ordinance Y Ordinance 6/9/2017 2 Ordinance-06-13-2017 Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 5/25/2017 1 Legal Comments Planning Commission Report 6/13/2017 2 Yes 10 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minutes 6/13/2017 PC Minutes 1 page Medina Planning Commission Excerpt from DRAFT 6/13/2017 Meeting Minutes Public Hearing — Brian Fragodt — Ordinance Amendment to Chapter 8 of the City Code to the MR, Multi -Family Residential District to Reduce the Setback Adjacent to Open Space or Common Area Finke stated that the request is to amend the multi -family residential rear setback in order to allow for a reduction in the rear setback if adjacent to an open space or common area, from 40 feet to 20 feet. He noted that this language is present in other zoning districts as the purpose of the setback is to set back from another structure or element that does not exist in open space situations. He identified the two sections of multi -family residential district that would fall adjacent to open space or common areas. He noted that staff would support the amendment as it is used in other zoning districts, would have a limited application and would be consistent with what is commonly done in the City. White asked the size of the applicant's deck. Finke replied and noted that while that is applicable to the one situation, this would apply to other properties in the City as well. He noted that in the case that the property is adjacent to a wetland, the wetland buffer would still remain in place. White opened the public hearing at 9:09 p.m. No comments made. White closed the public hearing at 9:09 p.m. Reid noted that this would only impact a small number of properties and there would still be 20 feet of setback, so she would support the request. Murrin stated that she would oppose this request as she would like to preserve as much green space as possible. Nester stated that she would be okay with the request. She noted that a wetland buffer would still trump the reduced setback. Motion by DesLauriers, seconded by Albers, to recommend approval of the ordinance regarding rear yard setbacks abutting open space in the Multi -Family Residential Zoning District. Motion carries 6-1. (Nay: Murrin) 1 CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING REAR SETBACK REQUIREMENTS ABUTTING OPEN SPACE IN THE MULTI -FAMILY RESIDENTIAL (MR) ZONING DISTRICT; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 826.37 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: MULTI -FAMILY RESIDENTIAL ZONING DISTRICT (MR) Section 826.37. Multi -Family Residential (MR) - Purpose. The MR Multiple family districts are intended to provide a district which will allow multiple -family dwellings where proper relationships to other land uses and adequate transportation services exist. Section 826.39. (MR) Permitted Uses. Within any Multi -family Residential District, no structures or land shall be used except for one or more of the following uses: Subd. 1. Multiple dwelling unit structures under 30 feet in height. Subd. 2. Two family dwellings. Subd.3. Townhouses. Subd. 4. Public recreation. Subd. 5. Community Residential Facilities subject to the following conditions: (a) It shall not be located in a two-family dwelling. (b) No more than 16 community residential facility residents may be housed in excess of the persons allowed by the definition of "family," except that structures designed or newly built specifically for such use may allow a greater number provided that all other conditions of the Conditional Use Permit are met. (c) The minimum lot size is that prescribed for one -family dwellings. (d) A minimum distance of 300 feet will be required between lots used for community residential facilities. Ordinance No. ### 1 DATE Section 826.41. (MR) Conditional Uses. Within the Multi -family Residential District, no structure or land shall be used for the following uses except by conditional use permit: Subd. 1. Multiple dwelling unit structures over 30 feet in height. Subd. 2. Clinics, nursing homes and small animal clinics. Subd. 3. Nursery Schools. Subd. 4. Churches and other places of worship. Subd.5. Cemeteries. Subd. 6. Public, private or charter schools having a course of instruction approved by the Minnesota depai tinent of education for students enrolled in K through grade 12 or any portion thereof. Subd. 7. Local government buildings. Section 826.43. (MR) Permitted Accessory Uses. Within any MR District, the following uses shall be permitted accessory uses: Subd. 1. Same as UR. Section 826.45. (MR) Lot Area, Height, Lot Width, and Yard Requirements. Subd. 1. Height limit: 30 feet. Subd. 2. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. (a) Minimum Square Footage per Family Unit (townhouses) 6,000 sq. ft. (b) Minimum Square Footage per Family Unit (Multi -family Structures) (i) 1 bedroom (ii) 2 bedroom (iii) 3 bedroom (iv) 4 bedroom 2,400 sq. ft. 3,000 sq. ft. 4,500 sq. ft. 6,000 sq. ft. (c) Minimum Lot Width (Multi -family) 100 ft. (d) Minimum Front Yard 50 ft. Ordinance No. ### 2 DATE (e) Minimum Side Yard One-half height of building or 15 ft., whichever is greater. (f) Rear Yard 40 ft. The rear yard setback may be reduced to 20 feet if abutting a preserved open space or common area. 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. ### 3 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 rear setback requirements abutting open space in the Multi -Family Residential zoning district; 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. ###. The ordinance amends the rear setback requirements of the Multi -Family Residential (MR) zoning district, allowing a reduction of the rear setback of 20 feet when abutting a preserved open space or common area. 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 a�SLAINRS&SONSIHC, BUILDERS Er REMDELERS May 30, 2017 City of Medina Attn: Dusty Finke 322 Commanche Trail - camel, Mai 55340 Phone: (612) 799-9005 - Fax: (763) 478-2302 E-mail: hamelusa@msn.com RE: Consideration to change setbacks at 3500 and 3504 Pinto Drive Medina, MN. I am requesting on behalf of the homeowners, Brian and Kim Fragodt, 3500 Pinto Drive and Craig and Erica Brolin 3504 Pinto Drive both in Medina, MN to consider changing the current set back ordinance on these 2 residences. When talking with Dusty, the City of Medina allows 20 foot setbacks in other districts if adjacent to open space. These two properties also have a large wetland area behind them. Out of the 7 homes in this association these are the only 2 that will require this change so that the outside decks will be uniform with the other 5 homes. And then the entire association will be in compliance with City of Medina ordinances and legal. Bill DesLauriers 612-799-9005 HIGHWAY 55 TOWNLINE HACKAMORE MEDINA Zoning Map (Residential) Legend Non -Residential (see reverse) Agricultural Preserve (AG) Rural Residential (RR) Rural Residential 1 (RR1) Rural Residential 2 (RR-2) Rural Residential -Urban Reserve (RR-UR) Suburban Residential (SR) Urban Residential (UR) Single Family Residential (R1) R1 - rezoning pending Single and Two -Family Residential (R2) R2- rezoning pending Residential -Mid Density (R3) Multiple Family Residential (MR) Mixed Use (MU) Uptown Hamel 1 (UH-1) Uptown Hamel 2 (UH-2) Planned Unit Development (PUD) v A Please contact the Planning Department (763-473-4643) for more information regarding property within PUDs (Planned Unit Developments) Map Updated: January 23, 2014 0 0.25 0.5 0.75 1 Miles j e E 6_ CITY °.c ek(SP MEDINA Zoning Map (Non -Residential) Legend Residential - see reverse Agricultural Preserve (AG) Rural Residential-2 (RR-2) Mixed Use (MU) Uptown Hame1-1 (UH-1) Uptown Hame1-2 (UH-2) Public/Semi-Public (PS) Rural Public/Semi-Public (RPS) Business Park (BP) Business (B) Industrial Park (IP) Commercial -Highway (CH) Commercial Highway -Railroad (CH -RR) Commerial-General (CG) Planned Unit Development (PUD) Rural Business Holding (RBH) Rural Commercial Holding (RCH) Sanitary Landfill (SL) Please contact the Planning Department (763-473-4643) for more information regarding property within PUDs (Planned Unit Developments) Map Updated: January 23, 2014 0 0.25 0.5 0.75 1 Miles Agenda Item # 8A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-107 RESOLUTION GRANTING EXTENSION OF TIME TO SUBMIT FINAL PLAT FOR WOODS OF MEDINA AMENDING RESOLUTION NO.2014-04 WHEREAS, on January 7, 2014, the city of Medina adopted Resolution 2014-04, granting preliminary plat approval to Jeff Pederson and 4412 HU LLC (collectively, the "Applicant") to subdivide property which is legally described in Exhibit A, attached hereto; and WHEREAS, under the terms of said resolution, the final plat was required to be submitted to the City within 180 days or the preliminary plat was to be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council, and WHEREAS, on October 21, 2014, the city of Medina adopted Resolution 2014-68, which granted an extension of time to submit the final plat until July 7, 2015; and WHEREAS, on April 7, 2015, the city of Medina adopted Resolution 2015-29, which granted an extension of time to submit the final plat until January 7, 2015; and WHEREAS, on December 15, 2015, the city of Medina adopted Resolution 2015-105, which granted an extension of time to submit the final plat until January 7, 2017; and WHEREAS, on December 20, 2016, the city of Medina adopted Resolution 2016-107, which granted an extension of time to submit the final plat until July 7, 2017; and WHEREAS, the Applicant has requested an additional extension to meet the terms and conditions of preliminary plat approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The application for final plat must be submitted to the City by March 31, 2018 or the preliminary plat shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. 2. Except as explicitly stated above, all terms and conditions of Resolution 2014-04 are hereby reaffirmed. Resolution No. 2017-## June 20, 2017 Dated: June 20, 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: (Recused:) Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-## 2 June 20, 2017 EXHIBIT A Legal Description of the Property Parcel 1: That part of the Saute 30 ages of the Northwest % of Section 1, Township 118 North, Range 23 West of the 511P.M., lying Nest of the East 1760 fret, EXCEPT the West 5:34 feet of the South 217.5 feet thereof, and further E CEPTMIG that part lying West of a line drawn parallel with and distant 40 feet East of the West line thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota.. and Parcel 2: The West 534 feet of the South 217.5 feet of the Northwest V4 of Section 1, Township 1.18 North, Lange 23 West of the 5111 P.M., EXCEPTING that part lying West of a line drawn parallel with and distant 40 feet East of the West line thereof, according to the United States Government Survey thereof and situate in Hennepin County,Minnesota, Resolution No. 2017-## 3 June 20, 2017 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 15, 2017 SUBJ: Planning Department Updates — June 20, 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 Council reviewed at the June 6 meeting and directed staff to prepare a resolution of approval. The resolution will be presented to the Council on June 20. 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. The Council reviewed at the June 6 meeting and directed staff to prepare a resolution of approval. The resolution will be presented to the Council on June 20. C) 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 Planning Commission held a public hearing at the June 13 meeting and recommended approval on a 6-1 vote. The ordinance will be presented to the Council on June 20. D) Reserve Phase H PUD 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 Planning Commission held a Public Hearing at the June 13 meeting. Commissioners generally did not believe the concept as proposed would meet the PUD criteria. The Park Commission reviewed at the May 17 meeting and supported the PUD in order to allow for the provision of a park in the area. The City Council is scheduled to review at the June 20 meeting. E) 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 Planning Commission held a Public Hearing at the June 13 meeting and unanimously recommended approval. The City Council is scheduled to review at the July 5 meeting. F) 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.f. 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 July 11 Planning Commission meeting. G) Crosby/Snow 2nd Home CUP — 2402 Hamel Road — Buddy and Kim Snow have requested a conditional use permit to construct a 2nd principal single family home on property owned by Kim's parents. The RR district allows a 2nd home on properties over 40 acres for family, employees or guests. Staff is conducting a preliminary review of the materials for a public hearing at the Planning Commission, potentially at the July 11 meeting. Planning Department Update Page 1 of 2 June 20, 2017 City Council Meeting H) Hamel Road Thirty Two Plat (combination) — 32 Hamel Road LLC has requested approval of a plat to combine 3 lots at 32-42 Hamel road into a single parcel. The City had previously approved of this lot combination, but it was not finalized by a previous owner. Staff is conducting a preliminary review of the materials for review by the City Council, potentially at the July 18 meeting. I) Three Rivers/We Can Ride CUP, 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 an 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 and June 6 meetings and has made the changes requested for Council review at the June 20 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. The Council reviewed on June 6 and directed staff to make a couple of changes. Staff intends to present the ordinance at the July 5 meeting. 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 presented the information to the Council on June 6 and has drafted an agreement related to the remaining construction. Staff intends to present the agreement at the July 5 meeting. E) LED Lighting Study— the City Council adopted a moratorium related to outdoor LED lighting at the June 6 meeting. Staff intends to search for experts who can consult for the City on the study. F) Floodplain Requests — staff has had a rush of requests for information related to floodplain information. Staff assumes a deadline is pending for property owners to obtain insurance based on the maps released by FEMA in November 2016. Staff has had pretty good luck working with the watershed districts to provide information for owners to use to prove they should not be required to purchase insurance. G) Draintile Repair Exemptions — Staff has met with two property owners related to repairing existing draintiles on their property and discussed the Wetland Conservation Act exemption process. H) Litigation Discovery — staff has spent time providing information requested in discovery for pending litigation. I) City of Loretto Comprehensive Plan Amendment — The City of Loretto is reviewing a requested Comp Plan Amendment to change the guiding of a 1.5 acre parcel on the border of Medina along Chippewa Road from Multi -Family (4-8 units per acre) to Single Family (1-3 units per acre). Staff believes the amendment would likely reduce any potential impacts on neighboring Medina property or services. Therefore, staff does not intent to comment unless the Council has comments. J) Vacation —I will on vacation the week of June 19-23, although I will be attending the 6/20 City Council meeting. Planning Department Update Page 2 of 2 June 20, 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 15, 2017 Department Updates Hiring Process As of June 15th we have our three finalists moving forward in the process. Over the next week, we will interview these top candidates and choose one for the background process. We are hoping for a start date in early August. Police and Public Works Facility Fire Alarms We continue to have system problems with the Siemens alarm system at the Police and Public Works Facility. When the system was installed, we were never offered a service contract. We have had many system alarms; Siemens have said that this is a communication issue with Mediacom and seems to be impossible to track down. I met with a Siemens rep on Friday June 9th. She is going to have the system tested and will write a service agreement for the system. Hopefully, we can get to the bottom of these issues. Meeting with North Memorial Transportation Director On June 9th the area chiefs and I met with Shannon Gollnick, the new Transportation Director for North Memorial Ambulance Service. We were concerned about slow response times on several calls in the last couple of months. Mr. Gollnick informed us that they have been running shorthanded and have recently added more personnel to their staff. He stated that it gets more and more difficult to maintain response times due to the new construction and traffic congestion in the western suburbs. He suggested if we are having problems to contact him directly. We have a great working relationship with the personnel of North Ambulance Service. We believe that with the added staff, it should improve their response times. Patrol by Sergeant Nelson Patrol Activities For the dates of May 30 to June 14, 2017, our officers issued 61citations and 95 warnings for various traffic infractions. There were a total of four traffic accidents, 11 medicals and 13 alarms. On June 4, 2017, Officer Jessen responded to a 66 year old female who was not breathing. Upon arrival, it was discovered that the female had passed away in her sleep. The Hennepin County Medical Examiner's Office did not respond to investigate due to medical issues that were known. The deceased was released to a local funeral home. On June 5, 2017, Officer Jessen was dispatched to the Medina Golf and Country Club for an intoxicated worker who was out of control. Upon arrival, the worker was being held down by his son and when Officer Jessen tried to intervene, the male continued to resist and was yelling profanities. The male, who was intoxicated, was arrested and transported to the Hennepin County Jail. On June 9, 2017, Officer Jessen was requested to assist Corcoran Police with an overdose of four juvenile males who admitted to eating marijuana brownies. Three of the males were transported to North Memorial. On June 9, 2017, Officer Converse took a theft from auto report. Victim reported that her unlocked vehicle had been gone through and her purse that was missing had been found in the Foxberry Farms neighborhood. Case forwarded to Investigations. On June 11, 2017, Officer Converse was dispatched to Prime Resource Company for a female who appeared to be under the influence. Upon arrival, Officer Converse located a female who stated that she was lost and that she had lost her cell phone, purse and shoes while walking around. Female informed Officer Converse that she had a warrant for her arrest and that she wanted to go to jail to have a place to stay. The female was found to have a warrant and her wish was granted at the Hennepin County Jail. On June 14, 2017, Officer Boecker participated in the quarterly Hennepin County Warrant Sweep in the Southwest and Southern Hennepin County areas. Several people were arrested on outstanding Hennepin County warrants. On June 14, 2017, Officer McKinley, Investigator Boecker and I were dispatched to a found 2-year old, wearing a diaper and t-shirt. After searching the neighborhood we were able to locate the parent who was not aware the child had left the residence. Investigations by Investigator Kevin Boecker I was forwarded a credit card fraud/bank account fraud case. Resident reported his name and address on his business banking account had been changed and also a reported fraudulent charge on the account. It was later learned that the name/address change was a bank error. Still investigating the disputed charge to see if it was related or not. Trailer theft case from 2016 is being forwarded to Itasca County investigators for charging of a suspect. Conducted follow-up investigation requested by the Hennepin County Attorney for a case which is being charged. A possible suspect has been identified in a business burglary through information provided by another agency. Investigation is ongoing. Located and interviewed a suspect in a damage -to -property case. Investigation is ongoing. There are currently 7 open cases assigned to Investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: June 13, 2017 MEETING: June 20, 2017 SUBJECT: Public Works Update STREETS • Public Works has been going through the list of blacktop patching projects we have collected over the past six months. They have also started the process of pre -patching for some of this years' paving projects. • We are set to do some seal coating sometime in July if weather cooperates. We plan to seal coat Willow south and possibly the Highlands. I am working with our contractor to try to make it a more pleasant experience for the neighborhoods. Sealcoat does extend the life of the road, but it also can be a dirty process. Loose rocks get into the garage and tracked into homes. I do get complaints each time I do a neighborhood. WATER/SEWER/STORMWATER • We have had several power outages over the past week. Two wells were out of service at one point. Having the luxury of an extra well and limited City irrigation is definitely a plus in these situations. • The PW Department will be conducting lead and copper testing on specific addresses throughout the City. The Health Department targets the older homes where the possibility of lead pipes may exist. • Public Works and WSB are still monitoring the I/I situation and will continue moving forward. The data has been collected over the past two months and will be studied. From there we will try to track down more potential leaks or projects that need to be done. • The sewer lining project will be advertised next month. We think this will be an end of the season project. • There has been a request from the City of Independence for sewer hookups for a recent subdivision Independence approved. Staff is of the opinion that this is not the intent of the units Medina approved to clean up Lake Sarah and Lake Independence. Staff will be sending its response letter this week. PARKS/TRAILS • The parks are in great shape and being used. Trails are being utilized as well. • Public Works will install a volleyball court at the Fields of Medina Park as time allows. • Playground inspections are being done with the summer season upon us. The heavy use of the equipment does wear out parts, so inspections are conducted each year. MISCELLANEOUS • There is an agreement with a contractor for mowing services for the German Liberal Cemetery. The previous contractor sold off his mowing business. It is a substantial increase, but the level of service will be much better. We have had several complaints with work that has been done prior to the new ownership. We will also look at bidding this property out with the rest of our mowing next winter. ORDER CHECKS JUNE 6, 2017 - JUNE 20 2017 045960 BRIDGEWATER COMMUNITY ASSOC $250.00 045961 CARLSTROM, WILLIAM & KIM $150.00 045962 CENTERPOINT ENERGY $508.94 045963 CENTURYLINK $223.00 045964 HANSON, TORY $107.50 045965 JONES, KYLE $100.00 045966 KHATRI, HINA & SUHAIL $250.00 045967 KLINGLER, AMANDA $107.50 045968 METRO WEST INSPECTION $7,098.79 045969 MILLER, MARVIN A $17.78 045970 ORONO MONTESSORI SCHOOL INC $250.00 045971 STEVENS, HEATHER $250.00 045972 YLITALO, BARB $250.00 045973 BENJAMIN, ROSALIN $225.00 045974 BROOKS, LAURA $500.00 045975 MIRVISS, JILL $250.00 045976 MULAY, RAM & SHIVANI $250.00 045977 RATHBURN, PATTY $150.00 045978 VERMA, SHUBHRANSHU $200.00 045979 YEAGER, JILL $250.00 045980 ADAM'S PEST CONTROL INC $149.00 045981 ALLIED 100, LLC $102.00 045982 ASPEN MILLS INC $109.01 045983 BEAUDRY OIL & PROPANE $1,510.45 045984 BLUE CROSS BLUE SHIELD OF MN $28,338.33 045985 CAREFREE SERVICES INC $204.00 045986 DESIGNING NATURE, INC. $1,481.18 045987 DITTER INC $8,406.00 045988 DPC INDUSTRIES INC $1,023.99 045989 EARL F ANDERSEN INC $1,500.70 045990 ECM PUBLISHERS INC $87.07 045991 GOPHER STATE ONE CALL $384.75 045992 HACH COMPANY $899.32 045993 HAKANSON ANDERSON ASSOCIATES I $500.00 045994 HAMEL LUMBER INC $232.23 045995 HENN COUNTY INFO TECH $955.20 045996 HENN CTY RESIDENT/REAL ESTATE $65.00 045997 J.O.T.S. COMPUTER SERVICES INC $75.00 045998 LANO EQUIPMENT INC $78.98 045999 LEXISNEXIS RISK DATA MGMT INC $104.50 046000 CITY OF MAPLE PLAIN $2,069.38 046001 METROPOLITAN COUNCIL $25,399.93 046002 METRO WEST INSPECTION $4,237.50 046003 MAS MODERN MARKETING INC $470.32 046004 NORTH MEMORIAL $30.00 046005 NORTHERN ESCROW, INC $194,123.42 046006 NORTHWEST ASSOC CONSULTANTS $504.00 046007 OFFICE DEPOT $178.61 046008 OIL AIR PRODUCTS LLC $36.41 046009 CITY OF ORONO $946.85 046010 RDJ SPECIALTIES, INC $94.48 046011 JAMIE R WIOME $5,933.36 046012 SITEONE LANDSCAPE SUPPLY LLC $177.12 046013 STRETCHER'S $155.97 046014 SUPPLY SOLUTIONS LLC $63.71 046015 SWNEWSMEDIA.COM $124.00 046016 TALLEN & BAERTSCHI $5,013.31 046017 MN DVS $21.75 Total Checks $297,175.34 ELECTRONIC PAYMENTS JUNE 6, 2017 — JUNE 20, 2017 004177E FARMERS STATE BANK OF HAMEL $125.00 004178E FARMERS STATE BANK OF HAMEL $125.00 004179E FARMERS STATE BANK OF HAMEL $12.00 004180E PR PERA $14,507.41 004181E PR FED/FICA $16,933.20 004182E PR MN Deferred Comp $2,470.00 004183E PR STATE OF MINNESOTA $3,435.85 004184E SELECT ACCOUNT $736.07 004185E CITY OF MEDINA $20.00 004186E AFLAC $394.88 004187E CIPHER LABORATORIES INC $38.24 004188E CULLIGAN-METRO $32.75 004189E ELAN FINANCIAL SERVICE $1,843.04 004190E FRONTIER $56.13 004191E MARCO (LEASE) $774.48 004192E MEDIACOM OF MN LLC $288.67 004193E PITNEY BOWES POSTAGE BY PHONE $1,000.00 004194E PREMIUM WATERS INC $47.09 004195E PAYMENT SERVICE NETWORK INC $618.43 004196E SELECT ACCOUNT $822.65 004197E VERIZON WIRELESS $1,245.44 Total Electronic Checks $45,526.33 PAYROLL DIRECT DEPOSIT JUNE 14, 2017 507963 ALTENDORF, JENNIFER L $1,332.97 507964 ANDERSON, JOHN G $230.87 507965 BARNHART, ERIN A. $1,997.94 507966 BELLAND, EDGAR J $2,585.17 507967 BOECKER, KEVIN D. $2,872.93 507968 CONVERSE, KEITH A $2,625.44 507969 COUSINEAU, LORIE K. $230.87 507970 DINGMANN, IVAN W $1,644.34 507971 ENDE, JOSEPH $1,669.08 507972 FINKE, DUSTIN D. $2,178.54 507973 GALLUP, JODI M $1,752.05 507974 GLEASON, JOHN M. $1,779.60 507975 GREGORY, THOMAS $2,280.32 507976 HALL, DAVID M. $2,020.74 507977 JESSEN, JEREMIAH S $2,554.63 507978 JOHNSON, SCOTT T. $2,242.53 507979 KLAERS, ANNE M $1,154.57 507980 LANE, LINDA $1,492.96 507981 LEUER, GREGORY J. $1,865.26 507982 MARTIN, KATHLEEN M $230.87 507983 MCGILL, CHRISTOPHER R $1,470.19 507984 MCKINLEY, JOSHUA D $1,501.70 507985 MITCHELL, ROBERT G. $327.07 507986 NELSON, JASON $2,320.06 507987 PEDERSON,JEFF $221.92 507988 PETERSON, DEBRA A $1,684.69 507989 REINKING, DEREK M $1,820.34 507990 SCHARF, ANDREW $514.41 507991 SCHERER, STEVEN T. $2,289.28 507992 VIEAU, CECILIA M. $1,146.42 Total Payroll Direct Deposit $48,037.76