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HomeMy Public PortalAbout07.05.2017 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Wednesday, July 5, 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 20, 2017 Special Council Meeting B. Minutes of the June 20, 2017 Regular Council Meeting V. CONSENT AGENDA A. Approve Petroleum Tank Removal Agreement with Zahl-Petroleum Maintenance Co. B. Approve Continuing Education Program Request for Jodi Gallup C. Ordinance Regarding Conservation Design; Amending Chapter 8 of the City Code D. Resolution Authorizing Publication of the Conservation Design Ordinance by Title and Summary VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. OLD BUSINESS A. Ordinance Regarding Regulations Related to the Residential -Mid Density (R3), Residential - Limited Multiple Family (R4), and Residential -Multiple Family (R5) Zoning Districts; Amending Chapter 8 of the City Code 1. Resolution Authorizing Publication of the Ordinance by Title and Summary VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN Posted 6/30/2017 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: June 30, 2017 DATE OF MEETING: Wednesday, July 5, 2017 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Petroleum Tank Removal Agreement with Zahl-Petroleum Maintenance Co. — Staff recommends approval of the agreement with Zahl-Petroleum to remove the petroleum tank at City Hall. See attached agreement. B. Approve Continuing Education Program Request for Jodi Gallup — Assistant City Administrator/City Clerk Jodi Gallup has submitted a request for Tuition Aid, pursuant to the City's Continuing Education Program in Section 5.80 of the Personnel Policy. The program was established by Council in December 2005. The City Administrator must provide a recommendation for approval of courses and the program to the City Council prior to utilization of the program. Staff recommends approval. See attached memo. C. Ordinance Regarding Conservation Design; Amending Chapter 8 of the City Code — The City Council reviewed this ordinance at the May 16th and June 20th meeting and directed staff to bring it back on the consent agenda with their recommended changes. Staff recommends approval. See attached ordinance. D. 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. VII. OLD BUSINESS A. Ordinance Regarding Regulations Related to the Residential -Mid Density (R3), Residential -Limited Multiple Family (R4), and Residential -Multiple Family (R5) Zoning Districts; Amending Chapter 8 of the City Code — The City Council reviewed the R4 ordinance at the June 6 meeting. Council members directed staff to incorporate more explanation related to the minimum and maximum lot area per unit. Staff has updated this language to make it clear that the requirements apply to the amount of land per unit, not the actual size of the unit. See attached report. Recommended Motion # 1: Move to adopt the Ordinance Regarding Regulations Related to the Residential -Mid Density (R3), Residential -Limited Multiple Family (R4), and Residential -Multiple Family (R5) Zoning Districts; Amending Chapter 8 of the City Code Recommended Motion # 2: Move to adopt the resolution authorizing publication of the ordinance by title and summary X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 004198E-004212E for $69,819.21, order check numbers 46018-46073 for $141,252.16, and payroll EFT 0507993-0508017 for $45,201.82. • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 2 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF JUNE 20, 2017 The City Council of Medina, Minnesota met in special session on June 20, 2017 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Mitchell, Anderson (6:24 p.m.), Martin, Pederson Members absent: Cousineau Also present: City Administrator Scott Johnson, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Ed Belland and City Planner Dusty Finke II. 2018 Budget — General Fund Finance Director Erin Barnhart provided the City Council with the proposed budget for 2018. Staff provided a proposed budget that includes a 3% overall General Fund increase. The City is also proposing a total levy increase of 2.5%. Barnhart discussed increases to annual contracts, upfront expenses for IT upgrades, a proposed cost of living increase of 3%, and the need to maintain quality service levels. A very preliminary estimation shows the tax rate would decrease from 22.269% (2017) to 21.615% (2018) which is a 2.9% decrease. Council directed staff to move forward with the proposed 2018 budget and requested further information. Staff will provide 5 years of history on cost of living increases, discussed the retirement of some bonded debt starting in 2019, and providing license and permit numbers. Staff was directed to move the Budget Open House to 6 p.m. on September 19, 2017 so the full City Council would be in attendance. Adjournment Mitchell closed the meeting at 6:45 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 June 20, 2017 This Page Intentionally Left Blank Medina City Council Special Meeting Minutes 2 June 20, 2017 1 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 20, 2017 4 5 The City Council of Medina, Minnesota met in regular session on June 20, 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, Pederson, Martin, and Mitchell. 11 12 Members absent: Cousineau. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Public 16 Safety Director Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 Johnson noted that the applicant for The Reserve of Medina — Phase II PUD Concept 22 Plan has requested that the item be removed from the agenda tonight. 23 24 Moved by Martin, seconded by Anderson, to approve the agenda as amended. Motion 25 passed unanimously. 26 27 IV. APPROVAL OF MINUTES (7:01 p.m.) 28 29 A. Approval of the June 6, 2017 Regular City Council Meeting Minutes 30 Johnson noted that Cousineau provided her comments for the minutes which staff will 31 incorporate. 32 33 It was noted on page two, line six, it should state, "...their its..." On page two, line six it 34 should state, "...reporting stating that the auditor had issued..." On page two, line 35 seven, it should state, "...they the auditors..." On page two, line eight, it should state, 36 "...adverse findings..." On page two, line nine, it should state, "...arc also also are..." 37 On page two, line nine, it should state, "...negative findings..." On page two, line 18, it 38 should state, "...staff should..." On page three, line 16, it should state, "...that Finance 39 Director Erin Barnhart..." On page three, lines 27 and 31, it should state public hearing 40 for the Clydesdale Trail Improvement Project." On page three, line 46, it should state, 41 "...Wichita Trail improvement project..." On page four, line one, public hearing for the 42 Wichita Trail Improvement Project." On page four, lines 19 and 23 it should state, 43 "...public hearing for the Willow Drive N Improvement Project." On page six, line 22, it 44 should state, "...over the year throughout this year." On page five, line 42, it should 45 state, "...an access..." On page seven, line 10, it should state, "...are is..." On page 46 ten, line 26, it should state, "...their own..." 47 48 Moved by Anderson, seconded by Pederson, to approve the June 6, 2017 regular City 49 Council meeting minutes as amended. Motion passed unanimously. 50 Medina City Council Meeting Minutes 1 June 20, 2017 1 V. CONSENT AGENDA (7:06 p.m.) 2 3 A. Approve Cemetery Operation and Maintenance Agreement with Jan's Lawn 4 and Landscape 5 B. Approve German Liberal Cemetery Custodian Services Agreement with Joe 6 Kittok 7 C. Approve Maintenance Building Painting Agreement with Sunrise Painting 8 and Wallcovering, Inc. 9 D. Approve 2018 Contract for Assessing Services with Southwest Assessing to E. Resolution No. 2017-47 Authorizing the Execution of a Joint Cooperation 1 1 Agreement Between the City of Medina and Hennepin County for 12 Participation in the Urban Hennepin County Community Development 13 Block Grant Program in FY 2018-2020 14 F. Ordinance Regard-i-neFCen-servation Design; Amending Chapter 8 of the 15 City-GAcle r r�luhinn Auhhnriii EF liGati- n 4h cow ti�Bes�+n�T anno 16 vce-$�vra-crvrrrca-c�Tvrrc��} ��ca-crvrre zrr Bii� crr�a-cr arrvc 17 by Title anel Cu-mmara 18 H. Resolution No. 2017-48 Granting Wetland Setback Variance to Donald 19 Dykhoff for an Individual Sewage Treatment System at 3396 Elm Creek 20 Drive 21 I. Resolution No. 2017-49 Granting Conditional Use Permit Approval to Robin 22 Johnson at 1325 Tamarack Drive 23 Mitchell requested to remove Items F and G, regarding the Conservation Design 24 Ordinance from the Consent Agenda for further discussion. 25 26 Moved by Pederson, seconded by Anderson, to approve the consent agenda as 27 amended. Motion passed unanimously. 28 29 F. Ordinance Regarding Conservation Design; Amending Chapter 8 of the 30 City Code 31 Mitchell stated that the Council received the written ordinance with all the proposed 32 changes incorporated for the first time. He stated that he continues to be concerned 33 about the ordinance in general, specifically the lot size. He stated that he worries about 34 people wanting large houses on smaller pieces of land in Medina and the amenities they 35 desire would not fit on the lot. He stated that as the City goes further into the middle of 36 Medina and something goes wrong with the on -site septic systems there is no way to get 37 sewer to that area. 38 39 Anderson stated that he shares that concern and would like to see some minimum lot 40 size included. He stated that it seems that in conservation design he would like 41 everything to work from an environmental and conservation design while still being 42 aesthetically pleasing. He stated that the way this is written seems to allow lots one acre 43 or less in size. He understood that the additional land for lot size would take away from 44 the land to be preserved. 45 46 Mitchell noted that Orono did some residential development with a 2.5-acre minimum lot 47 size that he found pleasing. 48 49 Pederson noted that those are good concerns. 50 Medina City Council Meeting Minutes 2 June 20, 2017 1 Martin stated that she can envision a beautiful townhome project that could use 2 conservation design and would not need 2.5-acre lots. She stated that everyone seems 3 to be so concerned about someone else's house and how they feel in it rather than 4 preserving the natural area in the City. She noted that the underlying zoning would also 5 come into play with the base density. She stated that she would not want to lose the 6 ability to do the smaller homes as people want small walkable communities as well. She 7 noted that the individual septic systems have come a long way since the Medina 8 Morningside development. 9 10 Mitchell stated that his concern is that people will have high demands for what they will 11 want on their own property. 12 13 Anderson stated that perhaps within the rural residential area a minimum acreage 14 should be specified to provide a better aesthetic. 15 16 Martin stated that this is a planned unit development (PUD) and therefore the City has 17 maximum discretion. She stated that there is no reason to limit the City on what can be 18 done. 19 20 Anderson noted that one goal for the Council is to help future Councils as well. 21 22 Martin stated that you are then not helping future Councils by removing flexibility. 23 24 Mitchell stated that the answer is because he feels that there should be a minimum size 25 for lots. 26 27 Martin noted that the City can require larger lots under the proposed ordinance language 28 because the PUD provides that control and flexibility. 29 30 Anderson asked if it would be to the advantage of this Council and future Councils to 31 codify that requirement. 32 33 Martin asked why Anderson would constrain a future Council in ten years from doing 34 something that could be great at that time. 35 36 Mitchell stated that he would only be requesting a minimum lot size for rural residential. 37 38 Finke stated that the reality is that the ordinance is meant to be an incentive that gives 39 the Council the most amount of control. He stated that the minimum requirement is to 40 put 30 percent of the buildable land into conservation and you would still need to add the 41 base density plus the approved density bonus and therefore it may become difficult to 42 meet a minimum lot size as well within the remaining buildable area. 43 44 Martin referenced the Stonegate development which is not visible from the arterial roads 45 and provide access to the open space areas to the general public. She noted that 46 conserved areas cannot be built into something else as it is preserved in perpetuity. She 47 stated that younger families in the community have spoken to having a sense of 48 community and having a walkable community. 49 50 Mitchell stated that the minimum lot size would only apply to the rural residential area. 51 He noted that would not apply to many properties. Medina City Council Meeting Minutes 3 June 20, 2017 1 2 Martin stated that it would be silly to rob future Councils of the flexibility that this 3 ordinance provides. 4 5 Mitchell stated that he disagrees. He stated that Stonegate is a cornfield that continues 6 to be a cornfield. 7 8 Martin noted that area will be restored to a prairie area that will be conserved in 9 perpetuity. 10 11 Mitchell stated that he is not completely sold that central planning works best and would 12 like a little bit of a safety net in providing a minimum lot size for conservation design rural 13 residential lots. 14 15 Martin reviewed the setbacks required. 16 17 Mitchell stated that he did not see any harm in having a 2.5-acre lot size for the rural 18 residential zoning district. 19 20 Finke noted that there are a handful of lots in the Stonegate development under 2.5 21 acres. 22 23 Martin asked how a townhome project area would then work. 24 25 Anderson noted that a townhome project would most likely be developed in a sewered 26 area. 27 28 Finke suggested that this ordinance, as proposed, would not impact the discussion the 29 Council is having now. He noted that the proposed ordinance would provide the 30 clarification the Council has desired. Then, if the Council desires, they could continue 31 the discussion on whether or not to add a minimum lot size. He stated that the PUD 32 ordinance allows more flexibility, as many of the clauses that would normally be 33 considered under a regular PUD would not be available under this ordinance. He 34 suggested that the Council adopt this ordinance and can then continue discussions on 35 minimum lot size if desired. 36 37 Moved by Anderson, seconded by Pederson, to direct staff in regard to the ordinance 38 regarding Conservation Design to amend the rural residential district to include a 39 minimum lot size of 2.5 acres. Motion passed 3-1 (Martin opposed). 40 41 Finke suggested Council still adopt the ordinance as presented. 42 43 Mitchell suggested that staff prepare the requested amendments and then bring it back 44 for approval. 45 46 47 48 49 VI. COMMENTS (7:32 p.m.) 50 Medina City Council Meeting Minutes 4 June 20, 2017 1 A. Comments from Citizens on Items not on the Agenda 2 There were none. 3 4 B. Park Commission 5 Scherer reported that the Park Commission will meet the following night to consider the 6 park dedication review of the Marx Conservation Design Subdivision. 7 8 C. Planning Commission 9 Planning Commissioner Albers reported that the Planning Commission met the previous to week and welcomed two new Commissioners, Kerby Nester and Aaron Amic. He 11 reported that the Commission considered the Reserve of Medina Phase II, noting that 12 variances were being requested for lot width in lieu of creating a park in the northeastern 13 section of the development. He noted that the Planning Commission voiced several 14 concerns with the request, specifically regarding the location of the park and the 15 proposed lot widths. He stated that the Commission was not supportive of reducing the 16 lot width, as that seems too restrictive and would rather preserve the 90-foot lot width. 17 He stated that the Commission considered the Marx Conservation Design Subdivision, 18 noting that the Commission strongly supported the request and recommended 19 unanimous approval. He stated that the Commission also reviewed the request from 20 Brian Fragodt regarding a rear setback zoning ordinance, noting that the Commission 21 supported the request with a 6-1 vote, noting that the opposing Commissioner was not 22 comfortable reducing a setback. He noted that the remainder of the Commission was 23 comfortable with the setback reduction because the wetland setback would supersede 24 the rear setback. 25 26 VII. NEW BUSINESS 27 28 A. Res erve-ef Medi n a Rh-ase 11 D l 111 C-e-n- a pt D la 29 30 B. Brian Fragodt — Multi -Family Residential (MR) Rear Setback Zoning 31 Ordinance Text Amendment (7:40 p.m.) 32 Johnson noted that this is a request that would reduce the setback from 40 to 20 feet in 33 the rear yard on a wetland which would allow a homeowner to rebuild a deck; and would 34 also allow a neighboring property owner to do so. 35 36 Finke stated that this is a request to amend the zoning ordinance related to the rear 37 setback in the multi -family residential zoning district. He noted that there is a relatively 38 small amount of land that would qualify and would only apply to land adjacent to open 39 space or common area. He noted that the intent of a rear setback is to provide a 40 setback from something else, whereas in the case where land abuts an open space or 41 common area, that setback is being provided through the open space. He noted that if 42 there is another setback that trumps the 20-foot setback, that would still hold, such as a 43 wetland setback or buffer setback. He stated that the Planning Commission did 44 recommend approval with a vote of 6-1. 45 46 Mitchell asked if the setback in this instance would be 20 or 25 feet. 47 48 Finke replied that one home would have a 20-foot setback while the other home would 49 have a 25-foot setback, because of the wetland location. 50 Medina City Council Meeting Minutes 5 June 20, 2017 1 1. Ordinance No. 614 Regarding Rear Yard Setbacks Abutting Open 2 Space in the Multi -Family Residential Zoning District 3 Moved by Anderson, seconded by Pederson, to adopt Ordinance No. 614 Regarding 4 Rear Yard Setbacks Abutting Open Space in the Multi -Family Residential Zoning 5 District. Motion passed unanimously. 6 7 2. Resolution No. 2017-50 Authorizing Publication of Ordinance No. 8 614 by Title and Summary 9 Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2017-50 1 o Authorizing Publication of Ordinance No. 614 by Title and Summary. Motion passed 11 unanimously. 12 13 VIII. OLD BUSINESS 14 15 A. Resolution No. 2017-51 Granting Extension of Time to Submit Final Plat for 16 Woods of Medina Amending Resolution 2014-04 (7:44 p.m.) 17 Pederson recused himself from the discussion. 18 19 Johnson noted that this is a request to extend the timeline to submit the Final Plat for 20 Woods of Medina, which would extend to March 2018 and would coincide with the 21 adoption of the Comprehensive Plan. 22 23 Martin stated that it looks like the total extension from the time the plat was approved 24 has been four years. 25 26 Finke stated that this is one of the longest series of extensions the City has given but 27 noted that there was one other case which was extended to that time period but agreed 28 that it is uncommon. 29 30 Martin asked if an extension request has ever been denied and it was the decision of 31 staff that they could not remember denying an extension request in the past. 32 33 Moved by Anderson, seconded by Martin, to Adopt Resolution No. 2017-51 Granting 34 Extension of Time to Submit Final Plat for Woods of Medina Amending Resolution 2014- 35 04. Motion passed 3-0 (Pederson recused). 36 37 Pederson rejoined the Council. 38 39 IX. CITY ADMINISTRATOR REPORT (7:48 p.m.) 40 Johnson reported that on July 5th they will be missing one Councilmember and 41 confirmed that the other Councilmembers would be in attendance. 42 43 X. MAYOR & CITY COUNCIL REPORTS (7:48 p.m.) 44 No comments. 45 46 XI. APPROVAL TO PAY THE BILLS (7:48 p.m.) 47 Moved by Martin, seconded by Anderson, to approve the bills, EFT 004177E-004197E 48 for $45, 526.33, order check numbers 045960-046017 for $297,175.34, and payroll EFT 49 507963-507992 for $48,037.76. Motion passed unanimously. 50 Medina City Council Meeting Minutes 6 June 20, 2017 1 XII. ADJOURN 2 Moved by Pederson, seconded by Anderson, to adjourn the meeting at 7:48 p.m. 3 Motion passed unanimously. 4 5 6 7 Bob Mitchell, Mayor 8 Attest: 9 10 11 Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 7 June 20, 2017 Agenda Item # 5A PETROLEUM TANK REMOVAL AGREEMENT This Agreement is made this 5th day of July 2017, by and between Zahl-Petroleum Maintenance Co., 3101 Spring Street NE, Minneapolis, MN 55413, 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 tank removal services; and 2. The City has approved the contract for tank removal 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 tank removal services for the City of Medina which will consist of the following: demo the concrete that is over tanks and leave on site, dig down to tanks and make them inert, excavate around and remove tanks, clean tanks on site and haul away for proper disposal. This agreement also includes the obtaining of soil samples for lab analysis, contacting Gopher -State -One -Call for locates and notifying the MPCA. Contractor will provide certified technicians to perform the listed tasks in accordance with the PCA (Pollution Control Agency) guidelines for petroleum tank removal. 2.0. TERM. The term of this contract will be from July 2017 until September 2017, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor $4,976 for tank removal services as described in Exhibit A and also in Scope of Services. 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. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Jodi M. Gallup, City Clerk ZAHL-PETROLEUM MAINTENANCE CO. (CONTRACTOR) By 3 ira■vi1DIANCEca .Tr1nr 22, 201' Exhibit A Ma -PETROLEUM MAINTENANCE CO. UV, % DAI LARSON EN TERPRISEG, IIiC, }nl ,';FI vicH, II I T ill: Flinn {}f -11i2 tiArkezahl•prec.0 nl Me411ita Public Works Re: Tank 151110Val Afro: Stoke 1#'eriaed Proposal: • Pelrnitti are nrpl it cinder3 in laid #aIlIount • Demo ocrlctele over eats and leave oil site • Die. down trr tanio and inert + Excavate avowal awl remove tanks ▪ (lbtain soil samples. Fn{° lab lalualyaia ▪ C3ean WAS 411 situ then haul away for proper clisposal • Provide owner whir all job related paptrorrork Total Rid Amount Note: Ilac filling by others. $ 76.11.1 wru DUE 'TO PRICE FLUCTUATION, FR.ICT-ON EQUIPMENT l3 RallECT TO Ct-TANOF 14E1E112 WFExs werxripse41rInmkt. snkruiantiscsLuke ill accardancelauhsfeciirca1iruts and mammies_ TWO Pi -missal YOUR. THOUSAND NINE: HUr.mci r} 5F VFFY SIX Q171.1 ARS & 4r I K! 301 776.1Jp Nuta: This prupceaI may hr<withdraaan by us it nut xrxpid within 10 days, Kale; Prymenl.cmileIhyiIJoisc aid Ever $1.11111.1111will tie sal* kia2.856prassszaug AC7CEPTANCEOFPROPC7AL:TI}4AV.; 10;,,aK015:1E0[lr4oblaioaSortxs1RrfwInifkidrimtlirby94Poic4 WHIM01.0011444� do- the murk as sprvirs..d. Prfrnwl wilt lc ma& as urrllirrcd bet re- 1 hlIhimlr,111Mainkn®attiCumpamyAN1hcaixed$igk FAY ENT 2tiE"3La.11J1.1:: f3141.AN[.'F.DUE NiE7r30 DAMN KN.(Id LH'AMC EDATE am oI Acrepkiiim: Custam...es Sµwiuxrs i:x.o.iisioah'! rmatf` 1nfi3J155'IIJ. ID: TIME I.LATIS41.1AL J}°'I+Irrr igrATL:a} IN ion ANY REPAIRS41.1MARA193N 1::XL.: IH}I IJI'61ENT° Miff 11S1.1-:1) kl'rl)YI=. Call'',• .11.I-:.41)V r.,17I'WAIERINCJ,TANK,SrHAPPINII3WITH1-1A.rl1718kRAC,idrillORr-IViTrFirKTIWNS.srTESURVEY,OTLITY l'riL'El4IN{ , SIFOfLINO. PfXR SOIL CONDlifliNdS AND ANY UNFORSEEM OfISTRUC TIONN. ANY' SIEDIrCi,SODDING ORL NDSCAPJr,s. A 11..:{}NCH 177: AND ASFHAI_°T L}1a10 OVER ri"°INQ.7L {,1R YL'L"7Za FLI-MAR. ANTI AKY L.IN1-1 31INE13,1 CTTINC ETIE MUER AffliALT ARI:04'S. API' KARIM AND DTI F 4L Of RIMAINING PRODUCT OR SL1JDOES. ALL NU.TOSTO4OAAflVOR7i{14LL.Z3FJ1PAirll:}It'1Td3illNt. U INTAMMATED:S011 . R.F.h413vAL._ WErLAC:E:KENE AND RIAULIND. PETRO FUND REIMBURSEMENT FORAV WE,L BE CREATED UPON JOD ACCEPTANCE AND 1.1R71J t'ROCTSINO AN L•N'VIRONCENTALL CONTRACTOR. ANY 131,.4.01lA R h Ih {ilVEN [PINK:til•ZES AND REIF%rie5I.9}F I:1IihR{ilASS, F113F:R[ilASS. IJ'.4El)OR nryill$.matixi) .r wrx31, ALL 4'ARRANTIER PER XiANUFACTI,IRF.SPIVII.1(Arini+ ALLCCILD WEA`TI IE-R CI IAROES. 3101 SFRiHG STREET N.E. - IiltINEAPOLIS, FAN 56113 PHONE: Sk i 2) 331 6550, • FAX. p1.2r 331-B553 -EQUAL IFPCRTLLifP rEIFLD'rEP: 4 June 22, 2017 Medina Public Works Attn: Steve ET 1) T A N DIV. OF DAN LARSON ENTERPRISES, INC. ,,lit.: , ;.ivio), 'tohulown IJtuipinoni t iI.F,;7. www.zahl-lJmc.c©m Re: Tank Removal f evised Pwoposal: • Permits are not included in bid amount • Contact Gopher--State-One-Call for locates ® Notify 1VfPCA ® Demo concrete over tanks and leave on site ® Dig down to tanks and inert ® Excavate around and remove tanks • Obtain soil samples for lab analysis ® Clean tanks on site then haul away for proper disposal ® Provide owner with all job related paperwork Total Boca Amount $ 4,976.00 Note: Backfilling by others. NOTE: DUE TO PRICE FLUCTUATION, PRICE ON EQUIPMENT IS SUBJECT TO CHANGE AFTER 2 WEEKS We propose to furnish material and/or labor in accordance with specifications and estimates. Total Proposal: FOUR THOUSAND NINE HUNDRED SEVENTY SIX DOLLARS & 00/100 $4,976.00 Note: This proposal may be withdrawn by us if not accepted within 30 days. Note: Payments made by credit card over $1,500.00 will be subject to a 2.8% processing fee. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hear by accepted. You are authorized to do the work as specified. Payment will be made as outlined below. Date of Acceptance: Customer's Signature: Zahl Petroleum Maintenance Company Authorized Signature: PAYMENT SCHEDULE: BALANCE DUE NET 30 DAYS FROM INVOICE DATE Date of Acceptance: Customer's Signature: EXCLUSIONS: ITEMS LISTED WILL BE TIME PLUS MATERIAL IF NOT STATED IN BID ANY REPAIRS/UPGRADES TO EXISTING EQUIPMENT NOT LISTED ABOVE. ROCK REMOVAL, DEWATERING, TANK STRAPPING WITH HARDWARE, CONCRETE TIE DOWNS, SITE SURVEY, UTILITY REPAIRS, TAPERING, SHORING, POOR SOIL CONDITIONS AND ANY UNFORSEEN OBSTRUCTIONS. ANY SEEDING, SODDING OR LANDSCAPING. ALL CONCRETE AND ASPHALT DEMO OVER 6" THICK OR WITH REBAR AND ANY UNFORSEEN CONCRETE UNDER ASPHALT AREA'S. ANY PUMPING AND DISPOSAL OF REMAINING PRODUCT OR SLUDGES. ALL SOIL TESTING AND/OR SOIL COMPACTION TESTING. CONTAMINATED SOIL REMOVAL, REPLACEMENT AND HAULING. PETRO FUND REIMBURSEMENT FORMS WILL BE CREATED UPON JOB ACCEPTANCE AND UPON CHOOSING AN ENVIROMENTAL CONTRACTOR. ANY DEVIATION IN GIVEN TANK SIZES AND REMOVAL OF FIBERGLASS, FIBERGLASS LINED OR DOUBLEWALLED TANKS. ALL WARRANTIES PER MANUFACTURE SPECIFICATION. ALL COLD WEATHER CHARGES. 3101 SPRING STREET N.E. - MINNEAPOLIS, MN 55413 PHONE: (612) 331-8550 - FAX: (612) 331-8553 EQUAL OPPORTUNITY EMPLOYER �n Agenda Item # 5B MEMORANDUM TO: FROM: DATE OF REPORT: DATE OF MEETING: SUBJECT: Medina City Council Scott Johnson, City Administrator June 29, 2017 July 5, 2017 Continuing Education Program Approval — Jodi Gallup Background Assistant City Administrator/City Clerk Jodi Gallup has submitted a request for Tuition Aid, pursuant to the City's Continuing Education Program in Section 5.80 of the Personnel Policy. The program was established by Council in December 2005. The City Administrator must provide a recommendation for approval of courses and the program to the City Council prior to utilization of the program. Analysis Jodi Gallup plans to begin her coursework to complete her Master's Degree in Public Administration at Metro State University. I find the courses to be related to her professional duties and goals. The courses specifically relate to public administration and complement her work with the City of Medina. Tuition reimbursement, not to exceed $1,000 in a calendar year, will be provided upon proof of satisfactory completion of the course (grade at least "C"). Staff is currently reviewing all Personnel Policies. Staff will be recommending an increase from $1,000 to $2,000 to Section 5.80 to keep up with the rising costs of education during our review in August 2017. Recommendation I request Council approval of the course work, as well as approval of tuition reimbursement, pursuant to requirements being met in Section 5.80 Continuing Education Program of the Personnel Policy and as amended in 2017. 1 June 27, 2017 Scott Johnson, City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 Dear Mr. Johnson: I respectfully request to participate in the City of Medina's Personnel Policy 5.80 Continuing Education Program. This letter serves as my intent to begin taking courses at Metropolitan State University to pursue my Master's Degree in Public Administration in the fall semester of 2017. I believe my coursework through Metropolitan State University will enhance my knowledge and ability to proactively analyze and address the issues local government leaders face on a daily basis. I am excited for what I will learn and how I will be able to utilize these skills to benefit the City of Medina. Thank you for the opportunity to assist me in enhancing my job skills and knowledge by helping contribute to the cost of my continued education through the Personnel Policy 5.80 Continuing Education Program. Sincerely, Jodi M. Gallup Assistant City Administrator/City Clerk City of Medina CITY OF MEDINA ORDINANCE NO. 615 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 Ilig, f than that availablenot otherwise attainable through conventional development. Conservation design may be considered on qualifying parcels lying in the Rural Residential District, and all sewered residential districts, and commercial or business districts. Section 827.55 Intent. Subd. 1. It is the intent of the City to accomplish the stated purpose of this District by approving a Planned Unit Development. In exchange for achieving the conservation Ordinance No. 615 1 July 5, 2017 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. 615 2 July 5, 2017 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. 615 3 July 5, 2017 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. 615 4 July 5, 2017 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. 615 5 July 5, 2017 (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. 615 6 July 5, 2017 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. Minimum Lot Area: 2 1/2 acres i,ii. Setback from local streets: 35 feet. Setback from Arterial and Collector Streets: 100 feet. iv. Interior structure setbacks: 30 feet. iv. 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. 615 7 July 5, 2017 (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. 615 8 July 5, 2017 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. 615 9 July 5, 2017 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. 615 10 July 5, 2017 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. 615 11 July 5, 2017 (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. 615 12 July 5, 2017 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 5th day of July, 2017. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Published in the Crow River News on the 20th day of July, 2017 Ordinance No. 615 13 July 5, 2017 Agenda Item # 5D 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 # 7A CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING REGULATIONS RELATED TO THE RESIDENTIAL - MID DENSITY (R3), RESIDENTIAL -LIMITED MULTIPLE FAMILY (R4), AND RESIDENTIAL —MULTIPLE FAMILY (R5) ZONING DISTRICTS; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 841.2 of the code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underlined language as follows: SECTION 841.2 RESIDENTIAL-LIMITEB MULTIPLE FAMILY (R4) DISTRICT Section 841.2.01. Residential -Limited -Multiple Family (R4) - Purpose. The purpose of the Residential Limited Multiple Family (R4) district is to provide a zoning district for a mix of townhome and multi -family residential development, designed in a way to protect the natural environment, to be well buffered from adjacent lower density land uses and to implement the objectives of the High Density Residential land use in the city's Comprehensive Plan. Section 841.2.02. (R4) Permitted Uses. The following shall be permitted uses within the R4 district, subject to applicable provisions of the city code: (1) Townhouse Dwellings, provided no structure contains more than twelve dwelling units (2) Multiple Family Structures, provided that a development with one or more structures containing more than 20 dwelling units shall install a buffer yard with an opacity at least 0.1 greater than the district requirements described by Section 828.31. (3) Parks and Open Space (4) Essential services Section 841.2.03. (R4) Conditional Uses. The following shall be permitted within the R4 district, subject to conditional use permit approval, the specific requirements established in Section 841.4.05, and other applicable provisions of the city code: (1) Religious Institutions (2) Educational Facilities (3) Assisted Living Facilities and Nursing Homes (4) Day Care Facilities serving 16 or fewer persons (5) State Licensed Residential Facility, serving 16 or fewer persons Ordinance No. ### 1 DATE Section 841.2.04. (R4) Accessory Uses. The following accessory uses shall be permitted within the R4 district, subject to applicable provisions of the city code and provided such use is subordinate to and associated with a permitted or conditional use: (1) Garages or detached private structures, except no such structure shall contain components to constitute a separate complete dwelling unit (2) Off-street parking (3) Private swimming pools, sport courts, and other common recreational facilities (4) Signs, subject to the requirements of the sign ordinance (5) Solar Equipment, if affixed to a structure, and in compliance with Section 828.09 subd. 1 of the City Code. Section 841.2.05. (R4) Lot Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code. Many of these standards may be applied across a coordinated development so that individual lots may not meet all requirements (lot area and impervious surface coverage, for example) but the development as a whole is consistent with the standards. In these situations, the city shall require documentation which describes the property which is subject to the coordinated development. Subd. 1. Density of Development: Development or redevelopment shall be consistent with the density requirements of the Comprehensive Plan. Subd. 2. Minimum Net Lot Area per Unit: 3,6003,400 square feet per unit Subd. 3. Maximum Net Lot Area per Unit: 6,2003,650 square feet per unit, excluding wetlands. Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real and perceived impacts of crowding prevalent in multiple -residential dwelling units and building complexes. The Minimum Net Lot Area per Unit requirement above may be reduced in accordance to the following, except that the density after the bonus(es) must be consistent with the Comprehensive Plan. (a) Affordable Housing (max. bonus reduction — /1.0 unit/acre500 square feet per unit). The density bonus shall be based on the proportion of units which will be preserved as affordable housing and the nature of the restriction utilized to maintain affordability. (b) LEED Certification or similar (max. reduction bonus — 2.0 unit/acre 230 square feet per unit). The density bonus shall be based upon the level of certification, with the full bonus available for the highest level of certification. (c) Low impact development (max. reduction bonus — 2.0 unit/aer-c230 square feet per unit). The density bonus shall be based on the water quality improvements above those required by the city. (d) Exceeding building design, landscaping or buffer yard requirements (max. reduction bonus — 2.0 unit/acfo230 square feet per unit). Ordinance No. ### 2 DATE (e) Sound suppression (max. reduction bonus — 2.0 unit/acre230 square feet per unit). In order to be eligible, the STC rating must be increased by ten from that specified as the minimum in the Minnesota State Building Code. (f) Underground Parking (max. reduction bonus — 2.0 unit/acre340 square feet per unit). The density bonus shall be based upon the number of parking stalls provided, with the full bonus available if at least one underground space is provided per dwelling unit. (g) Oversized garages or lockable storage units (max. reduction bonus — 1.0 unit/acre110 square feet per unit). Additional storage must be 100 square feet for townhomes or 50 square feet or greater for other uses. (h) Common open space and shared recreational facilities (max. reduction bonus —9 unit/acre230 square feet per unit) (i) Dwelling unit amenities (max. reduction bonus — 1.0 unit/acre110 square feet per unit). Amenities such as additional bathrooms, fireplaces, etc. Subd. 5. Minimum Setback from Perimeter of Site: 20 feet, except as modified below. This setback shall apply to structures, parking, and recreational areas. (a) Increased setback for three-story buildings. The required structure setback shall be increased to 40 feet if the building exceeds two and one-half stories. (b) Increased setback adjacent to less intensive zoning district. The setback adjacent to or across a street from property of a less intensive zoning district shall be increased to 40 feet. (c) Increased setback for required buffer yard. The required setback shall be increased when necessary to abide by buffer yard requirements. Subd. 6. Street Setbacks: The following yard setback shall be required adjacent to public or private streets. Structures, parking areas, and active recreational areas shall not be located within this setback area. The required yard setback shall be based on the classification of the street in the Comprehensive Plan as follows: (a) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from this requirement. (b) Local Roadway: 40 feet (c) Minor Collector Roadway: 50 feet (d) Major Collector or Arterial Roadway: 50 feet Subd. 7. Minimum Setbacks between buildings within a development: 30 feet or the average height of the two structures, whichever is greater Subd. 8. Maximum Impervious Surface Coverage: 60 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented which, according to the City Engineer, exceed stormwater retention and treatment regulations. However, in no case shall impervious surface coverage exceed 70 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. Ordinance No. ### 3 DATE Section 841.2.06. (R4) Design and Development Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code: Subd. 1. The design and development standards of Section 841.4 shall be observed. Subd. 2. Maximum Building Height: Building height shall not exceed 45 feet or three stories, whichever is greater. In the case that a structure is not equipped with a compliant fire sprinkler system, the maximum building height shall be 30 feet. SECTION II. Section 841.3 of the code of ordinances of the city of Medina is hereby deleted in its entirety as follows: SECTION 841.3 RESERVED RESIDENTIAL MULTIPLE FAMILY (RS) DISTRICT Section 841.3.01 Residential Multiple Family (R5) Purpose. The purpose of the Residential Multiple Family (R5) district is to provide a zoning district for a mix of multi family residential development, designed in a way to protect the natural environment, to be well buffered from adjacent lower density land uses and to implement the objectives of the High Density Residential land use in the city's Comprehensive Plan. Section 841.3.02. (RS Permitted Uses. The following shall be permitted uses within the R5 district, subject to applicable provisions of the city code: (2) Multiple Family Structures, provided that a development with one or more structures containing more than 20 dwelling units shall install a buffer yard with an opacity at least 0.1 greater than the district requirements described by Section 828.31. (3) Parks and Open Space Section 841.3.03. (R5 Conditional Uses. The following shall be permitted within the R5 district, subject to conditional use permit approval, the specific requirements established in (1) Religious Institutions (2) Educational Facilities (3) Assisted Living Facilities and Nursing Homes (11) Day Care Facilities serving 16 or fewer persons (5) State Licensed Residential Facility, serving 16 or fewer persons Ordinance No. ### 4 DATE Section 841.3.04. (R5) Accessory Uses. The following accessory uses shall be permitted within the R5 district, subject to applicable provisions of the city code and provided such use is subordinate to and associated with a permitted or conditional use: (1) Garages or detached private structures, except no such structure shall contain components to constitute a separate complete dwelling unit (2) Off street parking (3) Private swimming pools, sport courts, and other common recreational facilities subd. 1 of the City Code. Section 841.3.05. (R5 Lot Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code. Many of these standards may be applied across a coordinated development so that individual lots may not meet all requirements (lot area and impervious surface coverage, for example) but the development as which describes the property which is subject to the coordinated development. Subd. 1. Density of Development: Development or redevelopment shall be consistent with the density requirements of the Comprehensive Plan. Subd. 2. Minimum Area per Unit: 2,200 square feet per unit Subd. 3. Maximum Area per Unit: 4,250s o roo* n;*, o ekteli,,. , iet-la d Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real and perceived impacts of crowding prevalent in multiple residential dwelling units and building complexes. The Minimum Area per Unit requirement above may be reduced in accordance to the following, except that the density after the bonus(es) must be consistent with the Comprehensive Plan. (a) Affordable Housing (max. bonus - 4.0 unit/acre). The density bonus shall be based on the proportion of units which will be preserved as affordable housing rc too n. tur-o f-the estr , Rio „t;i;�oa a.,bilit<, (b) LEED Certification or similar (max. bonus - 2.0 unit/acre). The density bonus shall be based upon the level of certification, with the full bonus available for the highest level of certification. (c) Low impact development (max. bonus - 2.0 unit/acre). The density bonus shall be based on the water quality improvements above those required by the city. (d) Exceeding building design, landscaping or buffer yard requirements (max. bonus - 2.0 unit/acre). (e) Sound suppression (max. bonus - 2.0 unit/acre). In order to be eligible, the STC Minnesota State Building Code. Ordinance No. ### 5 DATE (f) Underground Parking (max. bonus — 2.0 unit/acre). The density bonus shall be at least one underground space is provided per dwelling unit. (g) Oversized garages or lockable storage units (max. bonus — 1.0 unit/acre). Additional storage must be 100 square feet for townhomes or 50 square feet or greater for other uses. (h) Common open space and shared recreational facilities (max. bonus — 1.0 unit/acre) (i) Dwelling unit amenities (max. bonus — 1.0 unit/acre). Amenities such as additional bathrooms, fireplaces, etc. Subd. 4. Minimum Structure Setback from Perimeter of Site: 40 feet, or larger if required to install required buffer yard. Subd. 5. Street Setbacks: The following yard setback shall be required adjacent to public or private streets. Structures, parking areas, and active recreational areas shall not be located within this setback arca. The required yard setback shall be based on the classification of the street in the Comprehensive Plan as follows: (a) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from this requirement. (b) Local Roadway: 40 feet (c) Minor Collector Roadway: 50 feet (d) Major Collector or Arterial Roadway: 50 feet Subd. 6. Minimum Setbacks between buildings within a development: 30 feet or the average height of the two structures, whichever is greater Subd. 7. Maximum Impervious Surface Coverage: 60 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented which, according to the City Engineer, exceed stormwater retention and treatment regulations. However, in no case shall impervious surface coverage exceed 70 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. observed, subject to additional requirements, exceptions and modifications set forth in the city code: Subd. 1. The design and development standards of Section 841.4 shall be observed. Subd. 2. Maximum Building Height: Building height shall not exceed 45 feet or three stories, whichever is greater. In the case that a structure is not equipped with a compliant fire sprinkler system, the maximum building height shall be 30 feet. Ordinance No. ### 6 DATE SECTION III. Section 841.4 of the code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underlined language as follows: SECTION 841.4 DESIGN AND DEVELOPMENT STANDARDS FOR MID DENSITY, LIMITED MULTIPLE FAMILY, AND MULTIPLE FAMILY RESIDENTIAL DISTRICTS Section 841.4.01. Generally. The standards of this Section shall apply to the R3; and R4, and R5 zoning districts, subject to requirements set forth in other sections of this ordinance. These standards are established to achieve a high standard of development, to create vibrant and high quality neighborhoods, and to protect the natural environment. Section 841.4.02. Building Materials and Design. Subd. 1. Building Materials. (a) Generally. All exterior building materials shall be durable and consistent with relevant codes, regulations, and other industry standards. (b) Accent materials. No less than 20 percent of any fa9ade facing a public or private street shall be an accent material. These materials may include shakes, brick, stone, face brick, decorative concrete, or others approved by the city. (c) Multiple Family Structures. No less than 50 percent of the vertical exterior building materials shall be non-combustible material such as brick, face brick, decorative concrete or others approved by the city. Subd. 2. Garage Doors. In the case that garage doors occupy more than half of the horizontal building fa9ade facing a street, architectural elements shall be provided to reduce the monotonous appearance of garage doors. These elements may include varying the setback of the garage doors, differentiating roof designs, constructing dormers, and installing garage doors with windows or other design elements. Subd. 3. Building Modulation and Articulation. Buildings shall be modulated a minimum of once per 50 feet of building perimeter to avoid long, monotonous building walls. This may include varying building height, building setback, building orientation, roof pitch, roof design, or significant differences in building materials/design. Subd. 4. Enclosed Parking. Townhomes shall include garage space with a minimum capacity of two vehicles, and multiple family structures shall include a minimum of one enclosed or underground parking stall per dwelling unit. Subd. 5. Utilities and Mechanical Equipment. All utilities shall be placed underground. Mechanical and HVAC equipment serving individual dwellings shall be screened, to the extent possible, from all public or private streets as well as from adjacent structures. Equipment which serves more than dwelling unit shall be screened as follows: Ordinance No. ### 7 DATE (a) Rooftop Equipment. Equipment shall be screened through the use of architectural elements and materials which are compatible with the overall design of the building. Wood fencing or chain link fencing with slats shall not be permitted. (b) Ground Equipment. Equipment shall be screened with walls which are constructed of materials which are compatible with the building or with landscaping which is opaque during the entire year. Subd. 6. Trash and Recycling Facilities. (a) Trash and recycling bins for individual dwelling units shall be stored so not to be prominently visible from streets or neighboring units. (b) For other uses, all trash and recycling shall be stored within the principal building, within an accessory structure, or within an enclosed outdoor area easily accessible from the principal structure. The accessory structure or enclosed area shall be constructed of similar materials and have compatible architecture as the principal structure and shall abide by yard setback requirements. Section 841.4.03. Landscaping Requirements. Subd. 1. Generally. All areas within a development site shall be landscaped, except for areas occupied by streets, sidewalks, trails, buildings, parking lots, driveways, walks, recreational areas, plaza space, wetlands, wetland buffers, and woodlands. Landscaping shall include trees, shrubs, plantings, and turf grass. Water conserving alternatives to traditional Kentucky -Bluegrass are encouraged. Properly maintained prairie or natural vegetation is encouraged within common open space and buffer yards. Species with known vulnerability to disease or infestation shall not be permitted. Integrated stormwater management practices, such as vegetative swales, vegetated filter strips, bioretention, and raingardens, shall be considered landscaping and shall be included in the gross acreage of the parcel when calculating impervious surface coverage. Subd. 2. Building Setting. At least 10 feet of landscaped area shall be provided adjacent to all buildings except for walks, driveways, and plaza/patio space. Walks within this landscaped area shall be limited to where practically necessary to serve access points of buildings. Subd. 3. Buffer Yards. Buffer yards shall be required adjacent to less intensive zoning districts and adjacent to collector and arterial roadways. The buffer yard requirements are described in Section 828.31 of the City Code. Subd. 4. Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree per 60 feet, or fraction thereof, of lot perimeter shall be required. Any lot perimeter for which a buffer yard is required shall be excluded from this calculation. (a) Size. Deciduous trees shall not be less than two caliper inches measured four feet off ground, and coniferous trees shall not be less than five feet in height. (b) Location. Tree location shall be approved by the city prior to planting. Ordinance No. ### 8 DATE (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species, as listed within the tree preservation ordinance are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. (d) Credit for Preserved Trees. The city may reduce the required number of overstory trees if an applicant preserves more existing trees than required by the Tree Preservation Ordinance, Section 828.41. The city shall determine the amount of credit granted for such existing trees. Subd. 5. Ornamental Trees. A minimum of one tree per 120 feet, or fraction thereof, of lot perimeter shall be required. Any lot perimeter for which a buffer yard is required shall be excluded from this calculation. One tree per 150 feet shall be required if a water conserving alternative is utilized for the lawn or if bioretention or other low impact development practices are implemented. (a) Size. Trees shall not be less than one and one-half caliper inches measured four feet off ground. (b) Location. Tree location shall be approved by the city prior to planting. (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. Subd. 6. Understory Shrubs. In addition to trees, a full complimentcomplement of understory shrubs shall be provided to complete a quality landscape treatment of the lot. Shrubs shall be potted and a minimum of 24 inches. In no instances shall the number of shrubs be less than one per 40 feet, or fraction thereof, of lot perimeter. Any lot perimeter for which a buffer yard is required shall be excluded from this calculation. One shrub per 50 feet shall be required if a water conserving alternative is utilized for the lawn or if bioretention or other low impact development practices are implemented. Subd. 7. Parking Lot Landscaping. A minimum of eight percent of the total land area within parking areas shall be landscaped. Parking lots with fewer than 10 stalls shall be exempt from these requirements. (a) Landscaping at least 12 feet in width shall separate parking lots into cells of no more than 120 stalls. (b) Landscaping shall break up rows of parking approximately every 20 spaces. (c) Species selection shall be guided by soils conditions and plantings shall be designed in a way which increases the likelihood of long-term survival. (d) Where practical, the landscaping areas shall be designed to receive stormwater runoff from the adjacent parking area. Subd. 8. Maintenance. The developer shall be responsible for establishing a long-term maintenance plan to see that common space and buffer yard landscaping and fencing is maintained in an attractive and well -kept condition and to replace any landscaping that does not survive. Landscape irrigation, where necessary, shall be consistent with water usage regulations. Ordinance No. ### 9 DATE Subd. 9. Landscaping Guarantee. The developer shall guarantee the growth and maintenance of all plants for a minimum of two growing seasons following an inspection of all completed plantings. (a) The developer shall submit a financial guarantee and provide access to the property, in forms acceptable to the city, prior to issuance of any building permit to ensure the planting and survival of the plantings. The developer may transfer responsibility of financial guarantee to another willing entity. (b) Any plant which does not survive or has severely declined (for example, 25% of the crown has died in the case of trees) shall be replaced, and the replacement will be guaranteed for an additional two growing seasons. After the additional growing seasons, any new plants which do not survive or have severely declined shall be replaced. After provisions have been made for maintenance of these new plants, the city shall release any remaining financial guarantee. Subd. 10. Tree Preservation. Removal of significant trees and any construction activity within residential districts shall be subject to the requirements set forth by the City's Tree Preservation Ordinance Section 828.41. Section 841.4.05. Supplemental Requirements for Specific Uses within the R-3 and ,—R-4, and R 5 Residential Zoning Districts. In addition to the general standards specified for conditional uses in section 825.39 of the City Code and other requirements of this ordinance, the following uses shall not be permitted unless the city council determines that all of the specific standards contained in this subdivision will be met: Subd. 1. Religious Institutions. (a) the minimum lot size shall be increased to 4 acres; (b) the minimum lot width and depth shall be increased to 300 feet; (c) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (d) no exterior bells or loudspeakers; (e) buffer yard requirements adjacent to or across a street from property of a less intensive zoning district or the same zoning district shall be increased to an opacity measurement of 0.5. Buffer yard requirements are described in Section 828.31 of the City Code. (f) structures shall cover no more than 20 percent of the lot, and the maximum combined floor area of all structures on a property shall not exceed 40,000 square feet; (g) sanctuary seating capacity shall not exceed 500 persons; (h) the number of persons on -site at any given time shall not exceed two times the capacity of the sanctuary, with the exception of larger events no more than four Ordinance No. ### 10 DATE (i) times per year. The city may place further limitations on the number of persons on -site based on the number of parking stalls provided; residential uses shall not be permitted, with the following exceptions: a.housing for clergy employed at the property, as an accessory use. Such housing shall not exceed 4,000 square feet in floor area of habitable space, which shall be counted against the total floor area allowed on a site; or b.continuation of a residential use existing on the property prior to the religious institution being established. Continuation of a residential use shall be limited in term and be subject to Interim Use Permit approval; (j) the property shall not be utilized for for -profit purposes, or regularly utilized by for - profit entities; (k) playgrounds and outdoor recreational areas shall be set back a minimum of 100 feet from residential property with adequate screening to protect neighboring properties from noise and adverse visual impacts; (1) exterior building materials shall consist of the following materials: brick, natural stone, stucco, Exterior Insulation and Finish System or similar product, copper, glass, decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. A maximum of 20 percent of the vertical building exterior may be metal or fiber cement lap siding or other materials approved by the city, if used as accent materials which are integrated into the overall building design. (m) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 2. Educational Facilities. (a) the minimum lot size shall be increased to 4 acres; (b) the minimum lot width and depth shall be increased to 300 feet; (c) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (d) no exterior bells or loudspeakers; (e) buffer yard requirements adjacent to or across a street from property of a less intensive zoning district or the same zoning district shall be increased to an opacity measurement of 0.5. Buffer yard requirements are described in Section 828.31 of the City Code. (f) structures shall cover no more than 20 percent of the lot, and the maximum combined floor area of all structures on a property shall not exceed 40,000 square feet;; Ordinance No. ### 11 DATE (h) the number of persons on -site at any given time shall not exceed 700, with the exception of larger events no more than four times per year. The city may place further limitations on the number of persons on -site based on the number of parking stalls provided; (j) the property shall not be utilized for for -profit purposes, or regularly utilized by for - profit entities; (k) playgrounds and outdoor recreational areas shall be set back a minimum of 100 feet from residential property with adequate screening to protect neighboring properties from noise and adverse visual impacts; (1) exterior building materials shall consist of the following materials: brick, natural stone, stucco, Exterior Insulation and Finish System or similar product, copper, glass, decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. A maximum of 20 percent of the vertical building exterior may be metal or fiber cement lap siding or other materials approved by the city, if used as accent materials which are integrated into the overall building design. (m) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 3. Assisted Living Facilities and Nursing Homes. (a) shall abut an arterial or a collector roadway; (b) parking requirements shall be based on the number of employees of the facility, expected guest visitation and the likelihood of residents owning vehicles. Parking for residents of the facility shall be enclosed or underground, consistent with the requirements of the zoning district; (c) sufficient outdoor plaza and recreational areas shall be provided; (d) exterior building materials shall consist of the following materials: brick, natural stone, stucco, Exterior Insulation and Finish System or similar product, fiber cement siding, copper, glass, decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. A maximum of 20 percent of the vertical building exterior may be metal, wood, or fiber cement lap siding or other materials approved by the city, if used as accent materials which are integrated into the overall building design. (e) {0—the minimum required net lot area per unit shall be reduced by 50% for nursing home, memory care, or similar units which do not include individual kitchens and where residents are not able to drive. In order to reduce the required lot area in this way, an agreement in a form and of substance acceptable to the City is required to be recorded Ordinance No. ### 12 DATE against the property ensuring that the units will remain nursing home or memory care units. (e4(f) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 4. Day Care Facilities serving 16 or fewer persons (a) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (b) shall not be operated within a townhome or multiple family structuredwelling; (c) parking requirements shall be based on the number of employees of the facility and the number of clients to be served. Circulation shall be sufficient so drop-off and pick-up of clientele does not interfere with the right-of-way; (d) sufficient outdoor recreational areas shall be provided; (e) the facility shall meet licensing requirements as required by law; (0 the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. Subd. 5. State Licensed Residential Facility or housing with services establishment registered under chapter 144D, serving 16 or fewer persons (a) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet from an intersection with an arterial roadway; (b) shall not be operated within a townhome or multiple family structuredwelling; (c) parking requirements shall be based on the number or residents at the facility as well as the number of employees. Parking for residents of the facility shall be enclosed or underground, consistent with the requirements of the zoning district; (d) the facility shall meet licensing requirements as required by law; (e) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the surrounding area. SECTION II. Subd. 55 of Section 825.07 of the code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underlined language as follows: Section 825.07. Definitions. The following words and terms shall have the meanings ascribed to Ordinance No. ### 13 DATE them: Subd. 55. Lot Area - The area of a lot in a horizontal plane bounded by lot lines, but not including any area occupied by an public right-of-way, a floodplain as designated on the adopted HUD/DNFederal Emergency Management Agency (FEMA)R FloodpInsurance Rate Map or area occupied by a wetland as designated on the Hennepin County Soil and Water Conservation District Mapdefined by the Wetland Conservation Act and City ordinance. SECTION III. 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. ### 14 DATE Agenda Item # 7A1 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. #Illl an ordinance regarding regulations related to the residential -mid density (R3), Residential -Limited Multiple Family (R4), and Residential -Multiple Family (R5) zoning districts; 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 fourteen pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. ###, an ordinance regarding regulations related to the residential -mid density (R3), Residential -Limited Multiple Family (R4), and Residential -Multiple Family (R5) zoning districts. The ordinance deletes the R5 district, as no property in the City is planned to be zoned into this district. The ordinance makes various changes to the R4 district to make the density requirements consistent with the draft Comprehensive Plan update. The ordinance also makes changes to the development standards for nursing homes, assisted living facilities, and similar uses. The full text of Ordinance No. i ## is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2017-## DATE Dated: DATE. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-## 2 DATE MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: June 27, 2017 SUBJ: Planning Department Updates — July 5, 2017 City Council Meeting Land Use Application Review A) 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 applicant is adjusting plans in light of recent City Council direction to include a minimum lot size of 2.5 acres in rural CD- PUD projects. The applicant intends to resubmit for review at the July 18 City Council meeting. B) Lunski Preliminary Plat, Rezoning, Site Plan Review — Lunski, Inc. has applied for approvals for a development of 90 units of mixed senior housing, 24,767 s.£ of office, and 4,100 s.f. commercial north of Highway 55 and west of Mohawk Drive. Staff is conducting a preliminary review and will schedule for public hearing when complete, potentially at the July 11 Planning Commission meeting. C) 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. D) 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. E) OSI Lot Line Rearrangement — Open Systems International (OSI) has requested approval of a lot line rearrangement (division and combination) between their property at 4101 Arrowhead Drive and the adjacent outlot to the southeast. The applicant intends to extend their parking lot into this area. Staff is conducting a preliminary review of the materials for review by the City Council, potentially at the July 18 meeting. F) 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 City Council adopted a resolution of approval on June 20. Staff will work with the applicant on conditions of approval prior to construction beginning. G) 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 City Council adopted a resolution of approval on June 20. Staff will work with the applicant on conditions of approval prior to construction beginning. Planning Department Update Page 1 of 2 July 5, 2017 City Council Meeting H) 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 City Council adopted the ordinance on June 20. The project will now be closed. I) Reserve Phase II 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 City Council was scheduled to review at the June 20 meeting, but the applicant withdrew the request. The project will now be closed. J) 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. K) Woods of Medina — This preliminary plat has been approved and staff is awaiting a final plat application L) 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) Holiday Administrative Site Plan Review — Holiday has requested review of an administrative site plan review for an approximately 400 square foot addition to the north of the existing building at 1300 Baker Park Road. Staff is in the process of reviewing for compliance with code. B) 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. C) 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, June 6, and June 20 meetings and has made the changes requested for Council review at the July 5 meeting. D) 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. E) 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. F) Potential Wetland Impact Restoration — Staff coordinated a meeting with the Technical Evaluation Panel and the local DNR Conservation Officer related to potential wetland impacts on property south of Highway 55 and west of Prairie Drive. The property owner has indicated willingness to work on a voluntary restoration order. G) City of Corcoran Comprehensive Plan Amendment — The City of Corcoran recently approved a Comprehensive Plan amendment to change the future land use of approximately 50 acres from Mixed Residential (6-8 units per acre) to Low Density Residential (3-5 units per acre). Staff does not believe the amendment would likely have impacts on Medina services, and may reduce traffic along County Road 116 because of the density reduction. Therefore, staff does not intent to comment unless the Council has comments. Planning Department Update Page 2 of 2 July 5, 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 30, 2017 Department Updates Hiring Process Andrew Scharf is our finalist for the position of patrol officer. Andrew is currently our Community Service Officer and is completing the skills course in St. Cloud. Sergeant Nelson is conducting Andrew's background investigation. If the background is successful, a tentative job offer will be made pending the completion of the physical and psychological exams. Police and Public Works Facility Fire Alarms On June 28th I met with a Siemens rep to review a proposal for a service agreement on the fire suppression system for 600 Clydesdale Trail Police and Public Works facility. Annual Training Day On June 26th we held our annual full day use of force training. We do this with the Corcoran Police Department. The training was very good; we started the day with a class on unconscious bias put on by Ramsey County Under Sheriff Booker Hodges. It was very informative and fits in well with the use of force topic and how bias affects all of us in our job responsibilities. We had a short seminar on how officers should process crimes involving heroin and fentanyl. There have been several cases where officers have been overcome just by handling these drugs in the course of their duties. The afternoon was dedicated to use of force scenarios which were held at our facility. We had live fire drills at the Corcoran range. The training was very good. It was coordinated by Sergeant Nelson. Our use of force and firearm instructors Officer Boecker, Officer McGill and Officer Jessen did a great job running the scenarios. Patrol by Sergeant Nelson Training On June 26th our agency conducted our annual joint training with the Corcoran Police Department. The day was a full day in which we had speakers come in and lecture on Implicit Bias and the proper handling of fentanyl. In the afternoon we did scenario and firearms training. Patrol Activities For the dates of June 14 to June 28, 2017, our officers issued 31 citations and 83 warnings for various traffic infractions. There were a total of nine traffic accidents, eight medicals and 10 alarms. On June 14, 2017, Officer Boecker, along with a large group of other officers in Hennepin County, assisted the Hennepin County Sheriff's Department with a large scale warrant sweep across Hennepin County. On June 14, 2017, I took a criminal sexual conduct report of a juvenile female victim. Case was forwarded to Investigations. On June 19, 2017, Officer Converse took a theft report from a liquor store in which the suspect took a cab to the store. The suspect stole several bottles of liquor. The cab was stopped by the Plymouth Police Department and the male was arrested on an outstanding warrant. A theft citation was issued to the suspect who admitted to stealing. On June 21, 2017, I was advised that a female was in the lobby who was requesting to get her ID card that had been found at a liquor store the evening before. After retrieving the found property, I witnessed the female walk back out to her vehicle and attempted to drive away before I stopped her because she did not have a valid driver's license. The female was subsequently arrested. On June 22, 2017, Officer Gregory took a theft of an enclosed trailer from the Medina Entertainment Parking lot. Case was forwarded to Investigations. On June 23, 2017, Officer Converse located a domestic assault suspect in Hamel after running a routine registration check. The check revealed that the owner of the vehicle was wanted by Maple Grove for domestic assault. The owner was arrested and turned over to Maple Grove Police. On June 25, 2017, Officer McKinley responded to a theft of clothing from Target. Upon arrival, Loss Prevention had a juvenile female in custody. The juvenile was issued a citation for theft and turned over to her parents. Investigations by Investigator Kevin Boecker Investigated a criminal sexual conduct case that was forwarded to our department from another agency. After further investigation it was determined that the crime did not take place in Medina. The case was forwarded to the appropriate agency for additional investigation. Interviewed a suspect in a damage to property case. Suspect was able to provide an alibi for the time of the incident. The case will be closed as there are no new leads. I am currently working on an enclosed trailer theft. A possible suspect has been identified and the investigation is ongoing. There are currently 6 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 is preparing for seal coating the week of July 6th, weather permitting. We will be sealing on Willow South and the Highlands area. The residents that will be affected have been notified. • The Public Works crew has been cutting some brush along the roadways as it encroaches the pavement. This is a constant maintenance issue. • The 55/116 project is under way. This project continues to use a lot of staff time as we are working on getting the watermain jacking under Hwy. 55. Traffic will be shifted to the west so that street widening can be done on the east. There is still a hold-up with Xcel to get the poles moved out of the way of the new watermain. So many utilities, so little space! • Dust control has been placed on Hackamore and Willow near the Corcoran city line. • Public Works has been going through the list of blacktop patching we have collected over the past six months. They have also started the process of pre -patching for some of this years' paving projects WATER/SEWER/STORMWATER • The watermain replacement is underway at 55/116. There will be some temporary outages while connections are being made. I will make every effort to contact and work with the business owners along that stretch of the system to accommodate as best we can. • We did find a leaking valve as we were preparing for shutdowns in the 116 project. It is near Peg's Catering along Hwy. 55. We will be contracting with Burnsville Construction to get the valve repaired, as it is in an area we are not equipped to deal with and is too risky for our crew. • Public Works and WSB are still monitoring the I/I situation and will continue to move forward. The data has been collected over the past two months and will be studied. From there we will try to track down any more potential leaks or projects that need to be done. • The sewer lining project was advertised in June and bids will be opened on July l lth. We think this will be an end of the season project. • Staff has sent a response to the City of Independence concerning their sewer request. PARKS/TRAILS • The parks are looking great. Inspections have been done and repairs made where necessary. • We have not heard from the County as of yet about the grant for the 55/Hamel Road Trail connection. I am hoping to get this done this summer, but as of now my hands are tied. MISCELLANEOUS • The rodeo is coming up. Public Works will work with the police to get barricades where needed and the parade route looking good. • I have been working with my crew on the CIP for all the departments and equipment. I will have a draft to finance in the next week. Page 2 of 2 ORDER CHECKS JUNE 21, 2017 - JULY 5, 2017 46018 BANDAPATI, SATISH $225.00 46019 CARRINGTON, BETH $150.00 46020 COMMERCIAL ASPHALT CO. $9,106.15 46021 DAVID WEEKLEY HOMES $20,000.00 46022 HENN COUNTY TAXPAYER SVCS DEPT $9.93 46023 KIRCHNER, JIM/KATHY $250.00 46024 LENORT, HEATHER $10.94 46025 METROPOLITAN COUNCIL $14,760.90 46026 DAN OR PAM PATNODE $250.00 46027 POTTER, SHARON POWERS $250.00 46028 PRODAHL, KIM $250.00 46029 RAMEN, CHITRA/RAGHU $50.00 46030 TOLL BROS, INC $10,000.00 46031 WALTZER ENTERPRISES LLC $250.00 46032 YEAGER, HOLLIE $250.00 46033 CAREFREE SERVICES INC $7,838.04 46034 FRANK, MAUREEN $500.00 46035 KYLLO, LAURA $150.00 46036 ROBARGE, LAURIE $250.00 46037 RUTTGER, MARY $250.00 46038 VAN ORSOW, DANIEL & ELISABETH $500.00 46039 ALLSTAR ELECTRIC $415.60 46040 AXON ENTERPRISE INC $645.21 46041 BEAUDRY OIL & PROPANE $2,588.74 46042 BIFFS INC $957.30 46043 BOYER FORD TRUCKS INC $94.59 46044 BUDGET PRINTING $36.24 46045 CONTEMPORARY IMAGES $1,859.53 46046 CORCORAN LOCKER $320.61 46047 ECM PUBLISHERS INC $340.35 46048 GRAINGER $215.70 46049 HAKANSON ANDERSON ASSOCIATES I $500.00 46050 HENRYS WATERWORKS INC $443.84 46051 INTERSTATE ALL BATTERY $249.00 46052 KD & COMPANY RECYCLING INC $137.80 46053 KENNEDY & GRAVEN CHARTERED $19,059.70 46054 LAW ENFORCEMENT INTELL.REPT $343.00 46055 MADISON NATIONAL LIFE $564.73 46056 MARCO INC $30.97 46057 METRO ELEVATOR INC $175.00 46058 MORRIS ELECTRONICS INC. $337.50 46059 MOTLEY AUTO SERVICE LLC $329.00 46060 NAPA-GENUINE PARTS CO $47.98 46061 NAPA OF CORCORAN INC $198.71 46062 OFFICE DEPOT $313.30 46063 RANDY'S SANITATION INC $183.27 46064 ROLF ERICKSON ENTERPRISES INC $7,776.99 46065 STEVEN RUCHTI $100.00 46066 SITEONE LANDSCAPE SUPPLY LLC $102.92 46067 STREICHER'S $180.99 46068 SUN LIFE FINANCIAL $604.40 46069 SUPPLY SOLUTIONS LLC $214.62 46070 TEGRETE CORP $2,142.00 46071 TIMESAVER OFFSITE $249.13 46072 WSB & ASSOCIATES $34,186.25 46073 ZIEGLER INC $6.23 Total Checks $141,252.16 ELECTRONIC PAYMENTS JUNE 21, 2017 — JULY 5, 2017 004198E CIPHER LABORATORIES INC. $2,315.40 004199E SELECT ACCOUNT $1,310.72 004200E PR PERA $13,795.76 004201E PR FED/FICA $16,134.31 004202E PR MN Deferred Comp $2,470.00 004203E PR STATE OF MINNESOTA $3,281.77 004204E SELECT ACCOUNT $15,736.07 004205E CITY OF MEDINA $20.00 004206E MINNESOTA, STATE OF $1,480.00 004207E KONICA MINOLTA $168.48 004208E MEDIACOM OF MN LLC $355.80 004209E VALVOLINE FLEET SERVICES $98.96 004210E XCEL ENERGY $9,477.44 004211E VERIZON WIRELESS $1,278.80 004212E WRIGHT HENN COOP ELEC ASSN $1,895.70 Total Electronic Checks $69,819.21 PAYROLL DIRECT DEPOSIT JUNE 28, 2017 0507993 ALTENDORF, JENNIFER L $1,332.97 0507994 BARNHART, ERIN A. $1,997.94 0507995 BELLAND, EDGAR J $2,570.18 0507996 BOECKER, KEVIN D. $2,603.25 0507997 CONVERSE, KEITH A $2,195.99 0507998 DINGMANN, IVAN W $2,009.59 0507999 ENDE, JOSEPH $1,505.75 0508000 FINKE, DUSTIN D. $2,178.54 0508001 GALLUP, JODI M $1,752.05 0508002 GLEASON, JOHN M. $2,000.36 0508003 GREGORY, THOMAS $1,844.43 0508004 HALL, DAVID M. $2,020.74 0508005 JESSEN,JEREMIAH S $2,193.16 0508006 JOHNSON, SCOTT T. $2,230.19 0508007 KLAERS, ANNE M $1,154.57 0508008 LANE, LINDA $1,492.97 0508009 LEUER, GREGORY J. $1,865.27 0508010 MCGILL, CHRISTOPHER R $1,470.20 0508011 MCKINLEY, JOSHUA D $1,501.70 0508012 NELSON, JASON $2,096.22 0508013 PETERSON, DEBRA A $1,684.69 0508014 REINKING, DEREK M $1,591.50 0508015 SCHARF, ANDREW $474.37 0508016 SCHERER, STEVEN T. $2,289.30 0508017 VIEAU, CECILIA M. $1,145.89 Total Payroll Direct Deposit $45,201.82