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HomeMy Public PortalAbout08.02.2017 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Wednesday, August 2, 2017 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the July 18, 2017 Special Council Meeting B. Minutes of the July 18, 2017 Regular Council Meeting V. CONSENT AGENDA A. Resolution Accepting Bids and Awarding the Contract for the Sanitary Sewer Lining Project to Hydro-Klean, LLC B. Approve Tree Trimming and Brush Grinding Services Agreement with Emery's Tree Service, Inc. C. Resolution Approving Off -Site Gambling Permit for the Hamel Lions Club to Conduct Lawful Charitable Gambling at 3200 Mill Drive D. Resolution Granting Preliminary and Final Plat Approval for Hamel Road Thirty Two VI. PRESENTATIONS A. Resolution Recognizing Jeremiah Jessen for 10 Years of Service to the City of Medina B. Resolution Recognizing Anne Klaers for 10 Years of Service to the City of Medina VII. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VIII. NEW BUSINESS A. Buddy and Kim Snow — Conditional Use Permit for 2nd Principal Dwelling — 2402 Hamel Road IX. CITY ADMINISTRATOR REPORT A. Agreement by and Between the City of Medina and Process System Integration Regarding Stockpiling on PID 03-118-23-32-0007 X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Posted 7/27/2017 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 27, 2017 DATE OF MEETING: August 2, 2017 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Resolution Accepting Bids and Awarding the Contract for the Sanitary Sewer Lining Project to Hydro-Klean, LLC —Bids were opened on July 11th and staff recommends approval of the low bid, which came in about $5,000 lower than the engineer's estimate. See attached memo, resolution, and bid tabulation. B. Approve Tree Trimming and Brush Grinding Services Agreement with Emery's Tree Service, Inc. — The City of Medina received a quote for the 2017-2019 Tree Trimming and Brush Grinding Services from Emery's Tree Service Inc. Prices are comparable with previous contracts; therefore staff recommends approval of the agreement. See attached agreement. C. Resolution Approving Off -Site Gambling Permit for the Hamel Lions Club to Conduct Lawful Charitable Gambling at 3200 Mill Drive — Staff recommends approval for the Hamel Lions Club to conduct bingo at the Hamel Community Building for Medina Celebration Day on Saturday, September 16, 2017. See attached resolution. D. Resolution Granting Preliminary and Final Plat Approval for Hamel Road Thirty Two — Council reviewed this item at the July 18th meeting and directed staff to prepare the attached resolution for approval. Staff recommends approval. See attached resolution. VI. PRESENTATIONS A. Resolution Recognizing Jeremiah Jessen for 10 Years of Service to the City of Medina — Officer Jessen will be at the meeting to be recognized for 10 years of service to the City of Medina. See attached resolution. Recommended Motion: Adopt resolution recognizing Jeremiah Jessen for 10 years of service to the City of Medina. B. Resolution Recognizing Anne Klaers for 10 Years of Service to the City of Medina — Transcriptionist and Finance Clerk Anne Klaers will be at the meeting to be recognized for 10 years of service to the City of Medina. See attached resolution. Recommended Motion: Adopt resolution recognizing Anne Klaers for 10 years of service to the City of Medina. VIII. NEW BUSINESS A. Snow/Crosby Conditional Use Permit for 2nd Principal Dwelling — Buddy and Kim Snow have requested a Conditional Use Permit (CUP) for construction of a 2nd principal dwelling at 2402 Hamel Road. The subject site is owned by David and Kitty Crosby, who are Kim's parents. The subject site is approximately 71 acres in size and zoned rural residential. The property is located north of Hamel Road, at the intersection with Willow Drive. The RR zoning district permits a 2nd home to be constructed on a property greater than 40 acres in size if a conditional use permit is approved. The home must be occupied by family or employees of the property owner or can be utilized as a guest house. If the City Council finds that the general and specific CUP criteria noted in the staff report have been satisfied, the following motion would be in order: See attached report. Recommended Motion: Move to direct staff to prepare a resolution of approval for the Conditional Use Permit request of Buddy and Kim Snow for a second principal dwelling at 2402 Hamel Road, based upon the findings noted in the staff report and subject to the conditions in the report. IX. CITY ADMINISTRATOR REPORT A. Agreement by and Between the City of Medina and Process System Integration Regarding Stockpiling on PID 03-118-23-32-0007 — Staff received a request to stockpile dirt on a site and will discuss this request with the City Council. See attached agreement. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 004231E-004249E for $60,685.72, order check numbers 046132-046194 for $193, 071.79, and payroll EFT 0508049-0508074 for $47, 847.16. • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 2 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF JULY 18, 2017 The City Council of Medina, Minnesota met in special session on July 18, 2017 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Mitchell, Anderson, Cousineau, Pederson Members absent: Martin 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. Long Lake Fire Department Truck Presentation Assistant Chief John Hall provided a presentation on the process to purchase the new Toyne Fire Engine for $443,000. A committee was put together by the Long Lake Fire Department to review truck requirements, NFPA standards, and vendors. The committee looked at three truck vendors and decided Toyne was the best fit for the price and equipment. Enough money was saved on the truck purchase that a new extrication tool will also be purchased with the funds. The extrication tool was needed due to the new metals used to manufacture vehicles. III. 2018 Budget — Utilities and CIP Discussion Finance Director Erin Barnhart provided the City Council with the proposed CIP and utility information for 2018. Staff provided a proposed budget that includes 3% increases for water, sewer, and storm water rates. Public Works Director Steve Scherer also mentioned the small Hickory Drive project off of County Road 24 was accidentally left off the CIP. Staff will include this project with the updated CIP in September. Staff continues to review equipment needs and is looking into alternatives to equipment bonds for 2019, 2020, and 2021. The water treatment plant expansion and new water tower continue to be large expenses on the CIP. One of the projects will need to move forward within the next five years. Staff will reanalyze the utility needs for Medina based on the new Comprehensive Plan in 2018. Steve Scherer mentioned the need for a secondary water main near Highway 55 to get to the Willow Water Tower. Some soils are corrosive in the City and some water and sewer pipes are not lasting as long as originally projected. Staff also updated Council on the need to address inflow and infiltration issues in the sewer system, replacing residential water meters with electronic meters and new hand held equipment for the water meters. Council directed staff to provide the net positions on the utility funds and continue to use yearly 3% increases to build funds to pay for new upcoming projects. IV. Ardmore Subwatershed Grant Application Discussion Jim Kujawa from Hennepin County Environmental Services provided a presentation on two grant applications for the top five projects from the Ardmore Subwatershed Medina City Council Special Meeting Minutes 1 June 20, 2017 Assessment. A BWSR Clean Water Fund Grant Application and a Hennepin County Opportunity Grant application were drafted for the five projects. The Medina portion would be $10,525 for the grant match. The grant request is for $163,500. Jim Kujawa also updated the City Council regarding the Baker Ravine Project near Lake Independence. Three Rivers Park District is also pursuing grant funding for the ravine project. Medina has agreed to help fund the ravine project. A reminder was provided about the Mayor's Picnic on July 26th. Also, Mayor Mitchell updated the City Council about the NWHLM e-mail regarding lobbying for policy positions as a group. The City Council directed staff to use the League of Minnesota Cities as the point of contact to promote projects for Medina. Adjournment Mitchell closed the meeting at 6:55 p.m. Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 2 June 20, 2017 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 18, 2017 4 5 The City Council of Medina, Minnesota met in regular session on July 18, 2017 at 7:00 6 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief 16 of Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 Mitchell noted that the Marx Conservation Design project was originally planned to be 22 included on this agenda but is not. 23 24 Johnson noted that item will be on the agenda for the August 15t" Council meeting. 25 26 The agenda was approved as presented. 27 28 IV. APPROVAL OF MINUTES (7:01 p.m.) 29 30 A. Approval of the July 5, 2017 Regular City Council Meeting Minutes 31 Moved by Anderson, seconded by Cousineau, to approve the July 5, 2017 regular City 32 Council meeting minutes as presented. Motion passed unanimously. 33 34 V. CONSENT AGENDA (7:01 p.m.) 35 36 A. Approve Temporary Liquor License to the Church of the Holy Name of 37 Jesus of Medina on September 15 & 16, 2017 38 B. Approve Continuing Education Program Request for Jason Nelson 39 C. Approve Natural Resources "Opportunity" Grant Program Application and 40 Clean Water Legacy Act (CWLA) Grant Application for Lake Ardmore Area 41 BMP Retrofit Projects 42 D. Approve 2018 WSB & Associates Rate Schedule 43 E. Approve 2018 Kennedy & Graven Rate Schedule 44 F. Resolution No. 2017-54 Authorizing Fundraising and Expending of Funds 45 on Police Events Promoting Police Community Relations 46 G. Resolution No. 2017-55 Approving Premises Permit to the Northwest Area 47 Jaycees to Conduct Lawful Gambling 48 Johnson provided a few details on Item F, noting that the funds could be used for events 49 like Night to Unite. 50 51 Anderson applauded Sergeant Nelson for continuing his education. Medina City Council Meeting Minutes 1 July 18, 2017 1 2 Moved by Pederson, seconded by Cousineau, to approve the consent agenda. Motion 3 passed unanimously. 4 5 VI. PRESENTATIONS 6 7 A. Resolution No. 2017-56 Providing for the Sale of $1,235,000 General 8 Obligation Bonds; Series 2017A (7:03 p.m.) 9 Shelly Eldridge, Ehlers and Associates, stated that a presale packet was included in the 10 Council packet that includes the proposed terms. She noted that this bond for the 11 Deerhill Preserve Road project would be structured in a different method than the City 12 typically has, explaining that this bond would be callable anytime. She explained that if 13 the lots sell immediately after the bonds are sold, the bonds could be paid off at that 14 time; or if the lots do not sell immediately, there would be additional time to pay the 15 bonds. She noted that the bonds are 100 percent assessable. She noted that the 16 interest rate may be slightly higher because of the call date flexibility and advised that 17 the City most likely will not get as many buyers interested in the bonds. She noted that 18 they would be calling Moody's to solidify the rating of the City. She provided some 19 additional details on the bond process and bond counsel, Kennedy and Graven. 20 21 Anderson asked if there is any sense as to the demand in the market for the properties 22 that are a part of this development. 23 24 Martin stated that she does not have knowledge on the residential market. 25 26 Pederson stated that while the residential market is busy, the demand may be higher in 27 the fall. 28 29 Mitchell stated that these are special assessment bonds, which are a lien on the 30 individual lots. He stated that if the development went into bankruptcy he understands 31 that this assessment would be paid prior to the bank loan. 32 33 Batty confirmed that assessments are like taxes and become a priority over the bank 34 loan. 35 36 Mitchell stated that the likelihood of the City not being paid back is very low, and 37 therefore there is little risk to the City. He noted that originally the developer was going 38 to pay for the road but that changed through the process and therefore this route was 39 decided upon. 40 41 Batty stated that staff concluded that the lots would support the assessment and the 42 assessment would be paid as lots are sold. He noted that all of the financing costs will 43 be assessed to the development. 44 45 Martin asked and received confirmation that the maximum term would be 12 years and 46 the City would not pay out of pocket during those 12 years. 47 48 Batty stated that ultimately the risk would be if the lots did not sell to cover the debt 49 service payments. 50 Medina City Council Meeting Minutes 2 July 18, 2017 1 Mitchell stated that it is his understanding that the City's bond rating is the highest rating 2 the City can get because of its size. 3 4 Eldridge replied Moody's has very defined wealth and tax base guidelines for their 5 ratings. She stated that until there is more value in the community the Aa2 rating would 6 be the highest the City can get. 7 8 Mitchell stated that the City has more than $10,000,000 in outstanding debt. He stated 9 that it would be helpful during the budget process to know the comparison of the City to 10 other similar communities. 11 12 Eldridge stated that some of that information and the outstanding debt schedule will be 13 included in the official debt schedule. She noted that it is a snapshot in time, similar to 14 how the audit is a snapshot in time. 15 16 Moved by Anderson, seconded by Cousineau, to adopt Resolution No. 2017-56 17 providing for sale of $1,235,000 General Obligation Bonds; Series 2017A. Motion 18 passed unanimously. 19 20 VII. COMMENTS (7:22 p.m.) 21 22 A. Comments from Citizens on Items not on the Agenda 23 There were none. 24 25 B. Park Commission 26 Scherer reported that the Park Commission will meet the following night to discuss the 27 park dedication review for the Lunski senior development, review the Capital 28 Improvement Plan, and consider replacement ball field lighting. 29 30 C. Planning Commission 31 Planning Commissioner Janet White reported that the Planning Commission met on July 32 11th to hold a public hearing for the Lunski Inc. project, which is a 90-unit senior assisted 33 and independent living with a medical office building. She stated that the Commission 34 considered the rezoning, noting that the property is currently zoned commercial and the 35 draft Comprehensive Plan identifies the property as businesses, therefore the 36 Commission recommended approval of the rezoning from commercial to business. She 37 stated that the applicant made changes to the Site Plan, as suggested by the 38 Commission and Council during the Concept Review. She noted that there were a 39 number of unresolved items, including requests from the Elm Creek Watershed and 40 Engineering staff and therefore the Commission tabled the Preliminary Plat and Site 41 Plan review to allow the applicant time to resolve the issues. She stated that the 42 Commission did like the plan but wanted to see those issues resolved before it moves 43 forward. She stated that the Commission also considered a Conditional Use Permit for a 44 second principal dwelling on a parcel of 40 acres. She stated that the Commission 45 recommended approval. She stated that the Commission also considered a Preliminary 46 and Final Plat request for a lot combination on Hamel Road and recommended approval. 47 48 VIII. NEW BUSINESS 49 50 A. 32 Hamel Road LLC — Preliminary and Final Plat for Lot Combination — 32- 51 42 Hamel Road (7:27 p.m.) Medina City Council Meeting Minutes 3 July 18, 2017 1 Finke presented a request to combine three properties with a total combined size over 2 30,000 square feet into one lot. He stated that the property is located north of Hamel 3 Road and west of Brockton Lane. He stated that the applicant is seeking the 4 combination in order to provide future flexibility with improvements, although nothing is 5 planned at this time. He stated that the City approved this combination in 2009 but the 6 combination was never filed and therefore the request is coming forward again. He 7 stated that the combination meets the dimensional requirements of the Uptown Hamel 2 8 District. He stated that the Planning Commission recommended approval and noted that 9 staff has also supported combining lots in Uptown Hamel in order to improve 10 redevelopment opportunities. 11 12 Mitchell asked where the apartment project was located that was approved a few years 13 prior but never moved forward. 14 15 Finke noted that the lot to the east was approved for apartments and then Hamel 16 Brewing more recently. 17 18 Moved by Anderson, seconded by Pederson, to direct staff to prepare a resolution 19 approving the Hamel Road Thirty Two Plat, subject to the conditions noted in the staff 20 report. Motion passed unanimously. 21 22 IX. CITY ADMINISTRATOR REPORT (7:31 p.m.) 23 Johnson had nothing further to report. 24 25 X. MAYOR & CITY COUNCIL REPORTS (7:31 p.m.) 26 Mitchell stated that he is a member of the Hamel Lions and contributed volunteer efforts 27 for the Hamel Rodeo and also attended the blessing of the fire truck at the Hamel Fire 28 Department and attended the parade in Hamel. He stated that all the events had a great 29 feeling of community and he enjoyed seeing all the families and local businesses coming 30 together. He stated that the City staff, police and fire were also at the event and 31 continue to do the best job they can to make the City a nice place to be. 32 33 Pederson stated that he also attended the rodeo and it was a fun event that he enjoyed. 34 He was appreciative of the Hamel Lions, fire department, and the other organizations 35 involved. 36 37 Martin stated that she enjoyed the commissioning of the fire trucks at the Hamel Fire 38 Department and the involvement of the children in the community, which helps 39 contribute to the small town feel. 40 41 Pederson commented that he drove by the watermain break when that happened and 42 commended public works and the police for their efforts on that project. 43 44 Anderson noted that he also drove by and commended staff for their efforts. 45 46 Mitchell stated that the AutoMotorPlex had their groundbreaking the previous week. He 47 hoped that the project continues to mature over the summer. 48 49 XI. APPROVAL TO PAY THE BILLS (7:35 p.m.) Medina City Council Meeting Minutes 4 July 18, 2017 I Moved by Anderson, seconded by Pederson, to approve the bills, EFT 004213E- 2 004230E for $53,258.87, order check numbers 046074-046131 for $345,859.43, and 3 payroll EFT 0508018-0508048 for $51,325.73. Motion passed unanimously. 4 5 XII. ADJOURN 6 Moved by Anderson, seconded by Pederson, to adjourn the meeting at 7:35 p.m. 7 Motion passed unanimously. 8 9 10 11 12 13 Bob Mitchell, Mayor 14 Attest: 15 16 17 Scott Johnson, City Administrator Medina City Council Meeting Minutes 5 July 18, 2017 Agenda Item # 5A MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jim Stremel, City Engineer DATE: July 27, 2017 MEETING: August 1, 2017 SUBJECT: 2017 Sewer Lining Project - Bid Acceptance & Award Background: On June 6, 2017 the City Council adopted a resolution approving the 2017 Sanitary Sewer Lining Project plans and specifications and authorized advertising for bids. Bids were opened at 10:00 am on July 11, 2017. Three bids were opened with the low bid submitted by Hydro -Clean, LLC of Des Moines, IA (local office in Rogers, MN) in the amount of $203,831.90. The low bid is approximately 2.3% below the engineer's construction cost estimate of $208,478.00. City Council Action Requested: Adopt the Resolution accepting the low bid and awarding the contract to Hydro -Clean, LLC, for the 2017 Sanitary Sewer Lining Project in the amount of $203,831.90. Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT WHEREAS, pursuant to an advertisement for bids for the 2017 Sanitary Sewer Lining Project, consisting of the installation of sewer mainline and service liners in the CR 116/TH 55 area, bids were received, opened, and tabulated according to the law, and the following five bids were received complying with the advertisement: Bidder Grand Total Bid Hydro-Klean, LLC $203,831.90 Quam Construction Company, Inc. $203,900.00 Veit & Company, Inc. $206,593.00 Visu Sewer $207,289.00 Michels Pips Services $277,512.00 AND WHEREAS, it appears that Hydro-Klean, LLC of Des Moines, IA (local office in Rogers, MN) is the lowest responsible bidder for the Grand Total Bid. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina, Minnesota, as follows: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with Hydro-Klean, LLC in the name of the City of Medina for the installation of sewer mainline and service liners in the CR 116/TH 55 area, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Resolution No. 2017- August 2, 2017 Dated: August 2, 2017. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon a 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 August 2, 2017 JJ��JJ� ■ SB 701 Xenia Avenue South I Suite 300 I Minneapolis, MN 55416 I (763) 541-4800 July 11, 2017 Honorable Mayor and City Council City of Medina 2052 County Road 24 Medina, MN 55340 Re: 2017 Sanitary Sewer Lining Project City of Medina, MN WSB Project No. 3433-260 Dear Mayor and Council Members: Bids were received for the above -referenced project on Tuesday, July 11, 2017, and were opened and read aloud. A total of five bids were received. The bids were checked for mathematical accuracy and tabulated and there are no errors made on the Proposal Form. The Engineer's Estimate was $208,478.00. The bid tabulation indicates the low bidder as Hydro-Klean, LLC, Des Moines, Iowa, in the amount of $203,831.90. We recommend that the City consider these bids and award a contract to Hydro-Klean, LLC, based on the results of the bids received. If you have any questions, please contact me at 763-287-8532. Sincerely, WSB & Associates, Inc. ames L. Stremel, PE City Engineer Enclosure cc: Jill Lomp, Hydro-Klean, LLC ar Equal Opportunity Employer wsbeng.com K:\03433-2601Admin\Construction Admin\3433-260 CST LOR-071117.docx BID TABULATION SUMMARY PROJECT: 2017 Sanitary Sewer Lining Project OWNER: City of Medina, MN WSB PROJECT NO.: 3433-260 Bids Opened: July 11, 2017, 10:00 a.m. Contractor Addendum No. 1 Bid Security (5%) Grand Total Bid 1 Hydro-Klean, LLC X X $203,831.90 2 Quam Construction Company, Inc. X X $203,900.00 3 Veit & Company, Inc. X X $206,593.00 4 Visu-Sewer, Inc. X X $207,289.00 5 Michels Pipe Services X X $277,512.00 Engineer's Opinion of Cost $208,478.00 I hereby certify that this is a true and correct tabulation of the bids as received on July 11, 2017. /L'L-- es L. Stremel, , City Engineer Denotes corrected figure K:103433-2601AdminiConstruction Admin13433-260 CST Bid Tab Summary-071117 7/12/2017 WSB Project Name: MDNA - 2017 Sanitary Sewer Lining Project Client: City of Medina Bid Opening: 07/11/2017 10:00 AM Contract No.: Project No.: 03433-26 Owner: Minneapolis WSB Project Bid Abstract Denotes Corrected Figure Project: 03433-26 - MDNA - 2017 Sanitary Sewer Lining Project Engineers Estimate Hydro-Klean, LLC Quam Construction Company, Inc. Veit & Company, Inc. Line No. Item Units Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Schedule A 1 2021.501 MOBILIZATION LS 1 $9,300.00 $9,300.00 $8,925.00 $8,925.00 $10,000.00 $10,000.00 $7,500.00 $7,500.00 2 2503.602 4" SANITARY SEWER CLEANOUT EACH 8 $1,200.00 $9,600.00 $1,470.00 $11,760.00 $1,275.00 $10,200.00 $1,650.00 $13,200.00 3 2503.602 6" SANITARY SEWER CLEANOUT EACH 8 $1,200.00 $9,600.00 $1,470.00 $11,760.00 $1,275.00 $10,200.00 $1,650.00 $13,200.00 4 2503.602 LATERAL CONNECTION HAT EACH 16 $5,250.00 $84,000.00 $4,305.00 $68,880.00 $3,900.00 $62,400.00 $4,750.00 $76,000.00 5 2503.603 LINING SEWER PIPE LATERAL L F 430 $65.00 $27,950.00 $78.75 $33,862.50 $58.00 $24,940.00 $85.00 $36,550.00 6 2503.603 LINING SEWER PIPE 8" L F 1954 $32.00 $62,528.00 $31.10 $60,769.40 $40.00 $78,160.00 $29.50 $57,643.00 7 2563.601 TRAFFIC CONTROL LS 1 $5,500.00 $5,500.00 $7,875.00 $7,875.00 $8,000.00 $8,000.00 $2,500.00 $2,500.00 Total Schedule A: $208,478.00 $203,831.90 $203,900.00 $206,593.00 Total Schedule A: $208,478.00 $203,831.90 $203,900.00 $206,593.00 Totals for Project 03433-26 $208,478.00 $203,831.90 $203,900.00 $206,593.00 % of Estimate for Project 03433-26 -2.23% -2.20% -0.90% Project: 03433-26 - MDNA - 2017 Sanitary Sewer Lining Project Engineers Estimate Visu-Sewer, Inc. Michels Pipe Services - Brownsville Line No. Item Units Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Schedule A 1 2021.501 MOBILIZATION LS 1 $9,300.00 $9,300.00 $5,625.00 $5,625.00 $13,750.00 $13,750.00 2 2503.602 4" SANITARY SEWER CLEANOUT EACH 8 $1,200.00 $9,600.00 $1,470.00 $11,760.00 $4,300.00 $34,400.00 3 2503.602 6" SANITARY SEWER CLEANOUT EACH 8 $1,200.00 $9,600.00 $1,470.00 $11,760.00 $4,300.00 $34,400.00 4 2503.602 LATERAL CONNECTION HAT EACH 16 $5,250.00 $84,000.00 $4,305.00 $68,880.00 $6,000.00 $96,000.00 5 2503.603 LINING SEWER PIPE LATERAL L F 430 $65.00 $27,950.00 $78.75 $33,862.50 $70.00 $30,100.00 6 2503.603 LINING SEWER PIPE 8" L F 1954 $32.00 $62,528.00 $34.75 $67,901.50 $26.00 $50,804.00 7 2563.601 TRAFFIC CONTROL LS 1 $5,500.00 $5,500.00 $7,500.00 $7,500.00 $18,058.00 $18,058.00 Total Schedule A: $208,478.00 $207,289.00 $277,512.00 Total Schedule A: $208,478.00 $207,289.00 $277,512.00 Totals for Project 03433-26 $208,478.00 $207,289.00 $277,512.00 % of Estimate for Project 03433-26 -0.57% 33.11 I hereby certify that this is an exact reproduction of bids received. Certified By: Date: July 11, 2017 License No. 45782 Agenda Item # 5B TREE TRIMMING AND BRUSH GRINDING SERVICES AGREEMENT This Agreement is made this 2nd day of August 2017, by and between Emery's Tree Service, Inc., P.O. Box 196, Delano, MN 55328, 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 tree trimming and brush grinding services; and 2. The City has approved the contract for tree trimming and brush grinding 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 tree trimming and brush grinding services for the City. "Tree Trimming and Brush Grinding Services" will consist of a one or two - man crew and all equipment required for trimming trees throughout the City, with areas specified by the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from August 2017 until November 2019, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $115.00/hour per person and $230.00/hour for a two -man crew, which includes the bucket truck needed to perform tree trimming services. There is an additional $35.00/hour charge for any other equipment, as well as a $3.00/inch charge for stump grinding. 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. If it is determined by the Public Works Director that additional traffic control is needed, it will be provided by the City. 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 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. 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 EMERY'S TREE SERVICE, INC. (CONTRACTOR) By 3 Agenda Item # SC Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017- RESOLUTION APPROVING OFF -SITE GAMBLING PERMIT FOR THE HAMEL LIONS CLUB TO CONDUCT LAWFUL CHARITABLE GAMBLING AT 3200 MILL DRIVE WHEREAS, the Hamel Lions Club ("Applicant") has made application to the City of Medina for "Off -Site Gambling" to conduct charitable gambling activities under authority and regulation of Minnesota Statute 349.16; and WHEREAS, said premises permit will be for charitable gambling activities to be conducted at the Hamel Community Building located at 3200 Mill Drive within the city; and WHEREAS, Applicant understands that this license prohibits conducting charitable gambling activities at any other location not stated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of Medina, Minnesota that the Applicant's request to conduct off -site gambling be granted, effective for the Medina Celebration Day single day event on September 16, 2017. Dated: August 2, 2017. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017- August 2, 2017 Agenda Item # 5D Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2017-## RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR HAMEL ROAD THIRTY TWO WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, 32 Hamel Road LLC (the "Owner") owns property located at 32-42 Hamel Road (the "Property"), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owner has requested preliminary and final approval of a plat to re -plat the Property into a single parcel; and and WHEREAS, the Planning Commission reviewed the plat on July 11, 2017; and WHEREAS, the City Council reviewed the proposed plat at the July 18, 2017 meeting; WHEREAS, the City Council has, subject to the terms and conditions contained herein, made the following findings of fact with regards to the requested plat: (a) Because the plat results in a combination of lots, it is appropriate to waive the requirement for a public hearing pursuant to City Code Section 820.65. (b) The proposed subdivision is consistent with the Comprehensive Plan and is not premature, as defined in City Code Section 820.28. (c) The physical characteristics of this site appear suitable for the type of development contemplated and the design of the subdivision is not likely to cause environmental damage or cause public health problems. (d) The resulting parcel meets minimum lot size standards and the density of development is consistent with City regulations. (e) The design of the subdivision will not conflict with public or private streets, easements or right-of-way. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary and final plat approval for the plat received by the City on June 14, 2017, subject to the following terms and conditions: 1. The Owner shall meet the requirements of the City Attorney with regards to plat corrections and title documentation; 2. The plat shall be filed with Hennepin County within 180 days of the date of the city council resolution granting final approval or the final plat shall be considered void, unless Resolution No. 2017-## August 2, 2017 a written request for time extension is submitted by the Owner and approved by the City Council; and 3. The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary and final plat and related documents. Dated: August 2, 2017 By: Bob Mitchell, Mayor Attest: By: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2017-## 2 August 2, 2017 EXHIBIT A Legal Description of Property Parcel 1_ Lot 39, Auditor's Subdivision No. 241, Hennepin County, Minnesota. Force, 2• That part of Lot 38, Auditor's Subdivision No. 241, Hennepin County Minnesota, described as follows: Commencing at the Northwest corner of said Lot 38; thence South along the West line of said Lot ,38 to the !Northeast corner of Lot 39, Auditor's Subdivision No. 241; thence East along the North line of said Lot .39 extended to a point 107 feet West of the East line of Lot 3.7, Auditor's Subdivision No. 24r, measured at right angles thereto; thence North parallel to the West fine of said Lot ..3`8 to the North line of said Lat 38,• thence West along the North line of said Lot 38 to the point of beginning. Parcel .3 The Westerly 75 feet of Lot 40, Auditor's Subdivision No. 241, Hennepin County, Minnesota. Parcel. 4. That part of Lot 40, Auditor's Subdivision No. 241, Hennepin County, Minnesota. lying East of the Westerly 75 feet of said Lot 40 and West of a lime drawn parallel to the East line of said Lot 40 and distant 107 Net Westerly therefrom measured of right angles thereto. Resolution No. 2017-## 3 August 2, 2017 Agenda Item # 6A Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017- RECOGNIZING PATROL OFFICER JEREMIAH JESSEN FOR TEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Officer Jeremiah Jessen has been a valued full time City of Medina employee in the Police Department of the City since July 9, 2007; and WHEREAS, Jeremiah has served as a licensed peace officer at the City of Medina for ten years; and WHEREAS, Jeremiah has been the top traffic officer for all ten years that he has been with the department; and WHEREAS, Jeremiah was recognized in 2011 by the Mothers Against Drunk Driving Organization as an All Star Traffic Officer in the fight against drunk driving; and WHEREAS, Jeremiah became the departments Drug Recognition Expert (DRE) in May of 2010; and WHEREAS, Jeremiah has completed his four year Bachelor Degree in the Criminal Justice Program at Metro State University; and WHEREAS, Jeremiah has been selected to fill an investigator's position with the Medina Police Department starting in 2017; and WHEREAS, the City of Medina expresses sincere gratitude for Jeremiah's dedication and continued service to the Medina community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Jeremiah Jessen for ten years of service to the community. Dated: August 2, 2017. Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk Resolution No. August 2, 2017 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. August 2, 2017 2 Agenda Item # 6B Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2017 RECOGNIZING ANNE KLAERS FOR TEN YEARS OF SERVICE TO THE CITY OF MEDINA WHEREAS, Anne Klaers has been a valued City of Medina employee in the Police Department of the City since August 6, 2007; and WHEREAS, Anne has served as a dedicated Professional Transcriptionist at the City of Medina for ten years; and WHEREAS, Anne has been cross trained to back-up the Police Department's full-time Administrative Assistant; and WHEREAS, Anne took on new responsibilities with the finance department in 2016 as the Finance Clerk; and WHEREAS, Anne has taken over coordination of the annual City of Medina Celebration Day; and WHEREAS, Anne had returned to school and obtained her Bachelor's Degree; and WHEREAS Anne has completed training as an evidence tech and assists in managing the evidence; and WHEREAS, Anne is always friendly and has great customer service skills; and WHEREAS, the City of Medina expresses sincere gratitude for Anne's dedication and continued service to the Medina community NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Anne Klaers for ten years of service to the community. Dated: August 2, 2017. Bob Mitchell, Mayor ATTEST: Jodi Gallup, City Clerk Resolution No. August 2, 2017 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. August 2, 2017 2 Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner through City Administrator Scott Johnson DATE: July 26, 2017 MEETING: August 2, 2017 City Council SUBJ: Buddy and Kim Snow — Conditional Use Permit for 2nd Principal Dwelling - 2402 Hamel Road Review Deadline Application Received: June 9, 2017 120-day Review Deadline: October 7, 2017 Summary. of Request Buddy and Kim Snow have requested a Conditional Use Permit (CUP) for construction of a 2nd principal dwelling at 2402 Hamel Road. The subject site is owned by David and Kitty Crosby, who are Kim's parents. The subject site is approximately 71 acres in size and zoned rural residential. The property is located north of Hamel Road, at the intersection with Willow Drive. All surrounding property is zoned rural residential. Currently, the property contains a home and a barn. Most of the property is pasture grass or hayed and there are wetlands in the western portion of the property. An aerial of the site is at the top of the following page, with the location of the proposed 2nd home highlighted. The RR zoning district permits a 2nd home to be constructed on a property greater than 40 acres in size if a conditional use permit is approved. The home must be occupied by family or employees of the property owner or can be utilized as a guest house. CUP Standards for a Second Principal Dwelling A second principal residential dwelling structure is an allowed conditional use within the Rural Residential zoning district on properties over 40 acres in size, subject to the following review criteria (City Code Section 826.98). Staff has provided potential findings for each in italics. (i) may be used only by members of the family, by persons employed on the property or as a guest house; The applicant (and proposed residents) are the daughter and son-in-law of the property owners. (ii) must be located in reasonable proximity to primary and secondary septic sites other than those associated with the first principal structure; The applicant has provided evidence of a primary and secondary septic site for the 2nd home as well as a potential secondary site for the first principal structure. Buddy and Kim Snow Page 1 of 5 August 2, 2017 CUP for 2nd Principal Dwelling City Council Meeting (iii) must meet all setback requirements; The proposed house location far exceeds the required 50 foot setbacks from property line, and is proposed over 700 feet from the front property line, 250 feet from the eastern property line, and 300 feet from the western property line. (iv) must be shown on a shadow or ghost plat submitted to the city to be located in such a manner as to make future subdivision of the parcel feasible without the need for variances; and The applicant has provided a ghost plan which shows that the property could be feasibly subdivided in the future. It should be noted that review of this ghost plat is, of course, subject to current regulations which may be changed in the future. Following is a summary of the current dimensional requirements of the RR district and the conceptual lots identified by the Applicant: Buddy and Kim Snow Page 2 of 5 August 2, 2017 CUP for 2nd Principal Dwelling City Council Meeting RR Requirement Potential Lot 1 Potential Lot 2 Min Lot Size 5 acres suitable soils 29.59 acre suitable 12.72 acre suitable Gross Area N/A 52.1 acres 19.4 acres Front Setback 50 feet 325 feet 730 feet Rear Setback 50 feet 940 feet 142 feet Side Setback 50 feet 250 feet 54 feet Side Setback 50 feet 880 feet 320 feet (v) the city council may require compliance with any other conditions, restrictions or limitations it deems reasonably necessary to protect the residential character of the neighborhood. A minimum of 40 acres is required for the 2nd home, which means that the density with two homes on the lot is still lower than would generally be allowed in the RR district. In this case, the subject site is over 70 acres in size, so the density is substantially lower. Staff believes this large lot size generally protects the rural residential character of the area, even with two homes. The Planning Commission and City Council can discuss whether any additional conditions are warranted. General Conditional Use Permit Standards In addition to the specific standards for both the accessory structures and the accessory dwelling unit noted above, the Planning Commission and City Council are to consider the following general criteria when reviewing all CUPs (City Code Section 825.39): 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff does not believe the 2nd home will be injurious to the use or enjoyment of other property nor will the CUP impair property values. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. Staff does not believe the 2nd home will impede the normal and orderly development of surrounding vacant property. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. Staff believes adequate utilities, roads and other facilities are provided. If the applicant adds more than 5000 square feet of hardcover, the City's stormwater management ordinance would be triggered and stormwater improvements would need to be incorporated. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Staff believes adequate parking exists. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to Buddy and Kim Snow Page 3 of 5 August 2, 2017 CUP for 2nd Principal Dwelling City Council Meeting control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff does not believe a 2nd home would bring up these concerns, as they are more relevant for commercial uses. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The proposed use is listed as allowed conditional uses. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The 2nd home is a permitted conditional use and staff believes it would be consistent with the purposes of the zoning code and the RR zoning district. 8. The use is not in conflict with the policies of the City. Staff does not believe the proposed use is in conflict with the policies of the City. 9. The use will not cause traffic hazard or congestion. Staff does not believe a 2nd home would cause traffic or congestion concerns. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff does not believe the use would cause these concerns. 11. The developer shall submit a time schedule for completion of the project. The applicant intends to construct the new home later this year. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The City Attorney has not requested additional documentation with regards to ownership at this time. Planning Commission Recommendation When reviewing a conditional use permit request, the Planning Commission and City Council should review the specific and general criteria described above. If the criteria are met, the CUP should be approved. As described in Section 825.41 of the City Code: "In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified in this Ordinance, additional conditions which the City Council considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited, to the following: 1. Increasing the required lot size or yard dimensions. 2. Limiting the height, size or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. 5. Increasing the number of required off-street parking spaces. 6. Limiting the number, size, location or lighting of signs. Buddy and Kim Snow Page 4 of 5 August 2, 2017 CUP for 2nd Principal Dwelling City Council Meeting 7. Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space." The Planning Commission held a public hearing on the request at their July meeting. No one spoke at the hearing. Following a brief discussion, the Commission found that the criteria were met and recommended approval subject to the following conditions. 1) The single-family dwelling and accessory dwelling unit may not be conveyed separately and shall at all times be under common ownership. 2) The second home on the Property shall be only occupied by members of the property owners' family, by persons employed on the property, or as a guest house. 3) The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for Conditional Use Permit. If the City Council finds that the general and specific CUP criteria noted above have been satisfied, the following motion would be in order: Move to direct staff to prepare a resolution of approval for the Conditional Use Permit request of Buddy and Kim Snow for a second principal dwelling at 2402 Hamel Road, based upon the findings noted in the staff report and subject to the conditions in the report. Attachments 1. Document List 2. Excerpt from DRAFT 7/11/2017 Planning Commission minutes 3. Building Official Comments received 6/26/2017 4. Applicant narrative 5. Site Plan 6. Potential "Ghost" Plat Buddy and Kim Snow Page 5 of 5 August 2, 2017 CUP for 2nd Principal Dwelling City Council Meeting Project: LR-17-206 — Snow/Crosby CUP The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 06/09/2017 6/9/2017 3 Y Y Fee 6/9/2017 6/7/2017 1 Y Y $1000 Narrative 6/9/2017 6/9/2017 1 Y Y Labels 6/9/2017 6/6/2017 4 Y Y Septic Evaluation 6/9/2017 6/4/2017 14 Y Y Site Plan 6/9/2017 6/7/2017 1 Y Y Conceptual Division 6/9/2017 6/7/2017 1 Y Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 6/20/2017 1 Y Building Official Comments 6/26/2017 1 Y Legal Notice 6/30/2017 6 Y Planning Commission Report 7/3/2017 5 Y 10 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minutes 7/11/2017 Y 1 Medina Planning Commission Excerpt from DRAFT 7/11/2017 Meeting Minutes Public Hearing — Buddy and Kim Snow — 2402 Hamel Road — Conditional Use Permit to Construct a Second Principal Home on Rural Residential Property Over 40 Acres Finke presented the request, reviewing the current conditions of the site through an aerial photograph and reviewing the surrounding uses. He identified the proposed location for the second home, noting that the home would share the existing driveway of the home already on the site. He noted that a ghost plat is also required and included as that would show how the property could be subdivided in the future should a future owner wish to do so. He stated that the second home of the site would be limited in use to family members, employees or as a guest house. He noted that primary and alternate septic sites are provided for both the existing home and second home. White opened the public hearing at 9:05 p.m. No comments. White closed the public hearing at 9:05 p.m. Reid noted that the request exceeds all of the conditions. Motion by Reid, seconded by Albers, to recommend approval of the Conditional Use Permit request of Buddy and Kim Snow for a second principal dwelling at 2402 Hamel Road, based upon the findings noted in the staff report and subject to the conditions in the report. Motion carries unanimously. 1 METRO WEST INSPECTION SERVICES, INC Loren Kohnen, Pres. Metro West Inspection Services, Inc. Box 248 Loretto, MN 55357 June 26, 2017 To: Debra Peterson From: Loren Kohnen Item: David Crosby 2402 Hamel Rd C.U.P. for 2nd Home site (763) 479-1720 FAX (763) 479-3090 Mtrowst76@aol.com After reviewing the applicant, as per provided information on the septic system, two septic locations are provided that meet the MPCA rules and city ordinance. Respectfully, Loren Kohnen Building Official Certificate #589 MPCA Certificate #756 Box 248, Loretto, Minnesota 55357 June 9, 2017 Dusty Finke City Planner City of Medina 2052 County Road 24 Medina, MN 55340 17') E©[ {I V E { T0: Dusty Finke and Planning Commission FR: Buddy and Kim Snow RE: Conditional Use Permit (residential) for 2402 Hamel Road We are writing to request a Residential Conditional Use Permit at my parent's, David and Kitty Crosby, homestead at 2402 Hamel Road. Hamel Road has been a part of my life since I was born and Buddy's life since the day we were married, as we were married on the property in 2001. It is a truly special place that my parents have owned for over 50 years. My brothers and I have always agreed that we would keep the property intact and in the family. As Buddy and I are the ones who want to live there, it seems logical to build on the property now so we can enjoy the land with my parents, our children and our extended family from today into the future. Country living is getting harder to find in the broader metro area, so we are excited to be able to live in the country, close to Minneapolis and in a great community. We hope you will approve our Conditional Use Permit so we can move to the country and live near my parents. Thank you for your consideration. 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Proposed Lot Area 19.4 Total Suitable Soil 65.69 Site Address: 2402 Hamel Rd Medina, MN 55340 Bearings based on assumed datum. Concept Plan Prepared for: 00 Job Number: J J vi o, 0 O CO 1 45 0 0 L. L. o• 3 3 O ai E 0 z o, .c 3 O g Q -10 3 O c • 0 5 0 0 0 0 O • Monument O 4, w O 0 U Found Wooden Lath Q J 763-972-3221 www.SchoborgLand.com Agenda Item # 9A AGREEMENT REGARDING STOCKPILING This Agreement (the "Agreement") is made and entered into this day of , 2017, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the "City"), and Process Systems Integration, LLC, a limited liability company formed under the laws of the state of Minnesota (the "Owner"). WITNESSETH: WHEREAS, the Owner is the fee owner of vacant land north of Highway 55 and west of Mohawk Drive in the City of Medina (the "Property"), which is identified in Hennepin County tax records as PID 03-118-23-32-0007 and which is legally described on Exhibit A attached hereto; and WHEREAS, the Owner has applied to the City for certain land use applications related to the potential subdivision and development of the Property which anticipate the need for fill material in connection with potential future grading and development of the Property; and WHEREAS, the Owner has requested approval to stockpile fill material on the Property in anticipation of the future development of the Property; and WHEREAS, the City is willing to permit the Owner to stockpile fill material on the Property prior to final approval and issuance of all necessary land use and development requirements, pursuant to the terms of this Agreement. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Plans; Stockpiling; Removal; Hours. a) The Owner is hereby authorized to stockpile up to 32,000 cubic yards of fill material (the "Material") on the Property, subject to the terms of this Agreement. Prior to stockpiling any Material on the Property, the Owner shall provide the City with the following: 1 504608v2 AMB ME230-655 i. Plans showing the amounts and locations of all stockpiled material on the Property; ii. An erosion control plan; and iii. A restoration plan for the Property. Each of these required documents shall be reviewed and approved by the City Engineer. The Owner is not permitted to locate any Material on the Property until it has been notified, in writing, by the City that such plans are acceptable to the City. 2. Owners Warranties. a) The Owner agrees that it will stockpile no more than 32,000 cubic yards of fill material upon the Property, and such stockpiling shall be consistent with the plans approved by the City Engineer. b) The Owner agrees to remove all fill material from the Property by October 1, 2018, unless such material is utilized in connection with an approved grading plan on the Property prior to such date. c) All work performed by or on behalf of the Owner shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday, and 8:00 a.m. through 5:00 p.m. on Saturday. No work under this Agreement may occur on Sunday. 3. Erosion Control. a) All work on the Property shall be conducted in a manner designed to control erosion and in compliance with all City ordinances and other requirements, including the City's permit with the Minnesota Pollution Control Agency regarding municipal separate storm sewer system program. Before fill material is stockpiled on the Property, an erosion control plan shall be implemented by the Owner as approved by the City. The City may impose reasonable, additional erosion control requirements after the City's initial approval, if the City deems such additional conditions to be necessary. All areas disturbed by the excavation shall be reseeded promptly after the completion of the work in that area unless the construction of buildings or other improvements is anticipated immediately thereafter. Except as otherwise provided in the erosion control plan, seed shall provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. b) If the Owner does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems reasonably appropriate to control erosion based on the urgency of the situation. The City will make a good faith effort to notify the Owner in advance of any proposed action, including by telephone or email in the case of emergencies, but failure of the City to do so 2 504608v2 AMB ME230-655 will not affect the Owner's obligations or the City's rights hereunder. c) The Owner agrees to reimburse all reasonable expenses incurred by the City in connection with such actions. No grading or construction of the Improvements will be allowed and no building permits will be issued for the Property unless the Owner is in full compliance with the erosion control requirements. The erosion control measures specified in the Plans or otherwise required on the Property shall be binding on the Owner, its successors and assigns. 4. Haul Routes. The Owner agrees that any fill material which is brought to or removed from the Property shall be by means of the haul route established by the City. For purposes of this provision, the City designates only County Roads and State Highways within the City as approved haul routes. No vehicles bringing fill material to the Property or removing fill material from the Property shall utilize streets under the jurisdiction of the City unless expressly approved by the Public Works Director in writing. 5. Restoration. The Owner agrees to restore the Property following removal of the fill material in a manner consistent with the plan approved by the City Engineer. 6. Letter of Credit. a) In order to ensure successful erosion control, removal of the fill material, and restoration, all as described herein, and satisfaction of all fees due to the City related to the stockpiling on the Property, the Owner agrees to deliver to the City prior to beginning any stockpiling on the Property an irrevocable letter of credit (the "Letter of Credit") in the amount of $250,000.00, which represents 150 percent of the estimated cost of erosion control measures, removing the fill material if it not utilized upon the site within the timeframe specified herein, and restoring the Property. The Letter of Credit shall be delivered to the City prior to issuance of any permit to bring fill material to the Property and shall renew automatically thereafter until released by the City. The Letter of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form reasonably acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete the work described in this Agreement, and to pay any fees or costs related to the Property and due to the City by the Owner after written notice to Owner and Owner's failure to cure the default within a reasonable period. b) The City agrees to release or reduce the Letter of Credit upon removal of the fill material from the Property, or any significant portion thereof, and satisfaction of all of the Owner's financial obligations to the City. c) Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City shall first be satisfied regarding the completeness of the work according to the Plans and that the Owner has taken such steps as may be necessary to ensure that no liens will attach to the Property. Notwithstanding anything herein to the contrary, the Letter of Credit shall not be reduced to less than $50,000, until such time as the City releases the entire Letter of Credit. 3 504608v2 AMB ME230-655 d) If at any time the City reasonably determines that the bank issuing the Letter of Credit no longer satisfies the City's requirements regarding solvency and creditworthiness, the City shall notify the Owner and the Owner shall provide to the City, within 30 days, a substitute Letter of Credit from another bank meeting the City's requirements. If the Owner fails to provide the City with a substitute Letter of Credit from an issuing bank satisfactory to the City within 30 days or such shorter period as may be necessary to ensure there remains a valid letter of credit available to the City, the City may draw under the existing Letter of Credit. 7. Owner's Default. In the event that the Owner fails to comply with any of the terms of this Agreement, such failure shall be deemed a default. If such default continues for 30 days after the City provides written notice to the Owner describing the nature of the default (or such longer period of time as is reasonably necessary provided Owner is making good faith efforts to cure the default), the City may, at its option, perform the work and the Owner shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the Property to recover the costs thereof. For this purpose, the Owner, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed. The Owner, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081. 8. Insurance. The Owner or its contractor shall take out and maintain or cause to be taken out and maintained until the City has confirmed completion of the stockpiling, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Owner's work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for any number of claims arising out of a single occurrence. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Owner or its contractor. 9. Responsibility for Costs; Escrow for Construction Inspection. a) The Owner agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its reasonable costs and expenses in reviewing the stockpiling plan, including the drafting and negotiation of this Agreement. The Owner agrees to reimburse the City in full for such reasonable costs within 30 days after notice in writing by the City. The Owner further agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys' fees. 4 504608v2 AMB ME230-655 b) The Owner shall also pay a fee for City erosion control inspections relating to proposed stockpiling of fill material. In order to reimburse the City for the administrative fee and the reasonable cost of inspection under this Agreement, the Owner shall deposit an additional $1,000 into an escrow account with the City, which shall receive and hold such funds solely under the terms of this Agreement. Prior to drawing on the escrow account, the City will provide Owner with copies of all invoices or other evidence of costs and expenses for which the City intends to withdraw from the escrow account. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this subparagraph, such funds shall be returned to Owner without interest. If it appears that the actual costs incurred will exceed the estimate, Owner and City shall review the costs required to complete the project and the Owner shall deposit additional sums with the City within ten days of the City providing the Owner with an invoice for such additional escrowed funds. 10. No Development or Building Permits Approved/Owner's Risk. a) This Agreement shall be strictly interpreted as an approval to allow the Owner to stockpile the Material on the Property, subjects to the terms contained herein, as well as any applicable law, rule, or regulation. b) Nothing herein shall be interpreted to imply any approval of land use applications or building permit for any use or development on the Property. The Owner must abide by appropriate review and permitting processes for such potential future development, and must apply to the City for all requisite permits and approvals. c) The Owner hereby expressly acknowledges that it undertakes all activity permitted under this Agreement at its sole risk. Nothing herein shall have any impact upon any future review or approval which shall be conducted by the City. Further, this Agreement does not confer upon the Owner any rights with respect to the use or development of the Property, except those rights expressly provided herein. 11. Clean up and Dust Control. The Owner shall daily clean dirt and debris from all streets adjoining the Property resulting from construction work by the Owner, its contractors, agents or assigns. Prior to any stockpiling occurring on the Property pursuant to this Agreement, the Owner shall identify to the City in writing a responsible party for erosion control, street cleaning, and street sweeping. The Owner shall provide dust control to the satisfaction of the City Engineer throughout construction on the Property. 12. No Representation Regarding Access. Nothing in this Agreement shall be deemed to be a representation by the City regarding the legal adequacy of access to the Property. The Owner shall be solely responsible for acquiring the necessary approvals or permissions regarding access to the Property. 13. Compliance With Laws. The Owner agrees to comply with all laws, ordinances, regulations and directives of the state of Minnesota and the City applicable to the Property. This Agreement shall be construed according to the laws of Minnesota. Breach of the terms 5 504608v2 AMB ME230-655 of this Agreement by the Owner may be grounds for denial of future approvals for the Property. 14. Agreement Runs With the Land. This Agreement shall run with the Property and shall be recorded against the title thereto and shall bind the parties hereto and their successors and assigns. Upon the request of the Owner or its successors and assigns, the City will issue a certificate in recordable form which certifies the extent which the Owner is in compliance with the terms of this Agreement, and if Owner has fully complied with and completed all terms of this Agreement, releasing Owner from this Agreement. The Owner shall reimburse the City for its costs in recording this Agreement. 15. Indemnification. The Owner hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless from claims made by third parties for damages sustained or costs incurred arising under this Agreement or the activities authorized herein. The Owner hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys' fees. Provided, however, that nothing herein shall require Owner to indemnify the City and its officers, employees, and agents from any violation of law or the consequences of their own negligence. 16. Assignment. The Owner may not assign this Agreement without the prior written consent of the City (which consent shall not be unreasonably withheld). 17. Notices. Any notice or correspondence to be given under this Agreement shall be deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail, return receipt requested: a) as to Owner: b) as to City: with a copy to: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Owner shall notify the City if it changes its name or address. 18. Severability. In the event that any provision of this Agreement shall be held 6 504608v2 AMB ME230-655 invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 19. Non -waiver. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 20. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. This agreement drafted by: City of Medina (DDF) 2052 County Road 24 Medina, MN 55340 763-473-8846 ************************** 7 504608v2 AMB ME230-655 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF MEDINA Bob Mitchell, Mayor Scott T. Johnson, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2017, by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 1 504608v2 AMB ME230-655 By: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2017, by , the of , a Minnesota , on behalf of the Notary Public 504608v2 AMB ME230-655 2 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property 504608v2 AMB ME230-655 A-1 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: July 26, 2017 SUBJ: Planning Department Updates — August 2, 2017 City Council Meeting Land Use Application Review A) 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. The Planning Commission reviewed at the July 11 meeting and recommended approval. The City Council reviewed on July 18 and directed staff to prepare a resolution of approval which will be presented at the August 2 meeting. B) Crosby/Snow 2"a 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. The Planning Commission held a public hearing at the July 11 meeting and unanimously recommended approval. Staff intends to present to the City Council on August 2. C) 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 has adjusted plans in light of recent City Council direction to include a minimum lot size of 2.5 acres in rural CD-PUD projects. Staff intends to present the request at the September 5 City Council meeting. D) Lunski Preliminary Plat, Rezoning, Site Plan Review — Lunski, Inc. has applied for approvals for a development of 90 units of mixed senior housing, 24,767 s.f. of office, and 4,100 s.f. commercial north of Highway 55 and west of Mohawk Drive. The Planning Commission held a public hearing at the July 11 Planning Commission meeting. The Commission tabled the request in order to allow the applicant to update plans to meet comments from the Elm Creek Watershed and City Engineer. Staff intends to present the request to the Commission on August 8 and potentially the City Council on August 15. 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 intends to present the request to the Planning Commission on August 8 and potentially the City Council on August 15. F) Excelsior Group Comp Plan Amendment and Concept Plan — The Excelsior Group has requested a comprehensive plan amendment for the City to amend the staging of development for property located north of Chippewa Road and west of Mohawk Drive for a 68-lot single-family subdivision. Staff is conducting a preliminary review and will present the request when complete, potentially at the August 8 Planning Commission. G) McDonald's Variance — McDonald's has requested a variance to reduce the required setback for a replacement trash enclosure. The existing enclosure is being removed by Hennepin County in Planning Department Update Page 1 of 2 August 2, 2017 City Council Meeting connection with the County Road 116 improvement project and needs to be relocated. Staff is conducting a preliminary review and will present the request when complete, potentially at the August 8 Planning Commission. H) Johnson ADU CUP, Dykhoff Septic Variance, 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. I) Woods of Medina — This preliminary plat has been approved and staff is awaiting a final plat application J) 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 Projects A) Comprehensive Plan — The draft Comprehensive Plan has been routed to affected jurisdictions for their review. Staff has received preliminary comments from the Met Council and is meeting with the various departments to clarify some matters. B) Cable Franchise/Broadband discussion — staff took part in a conference call with Mediacom and MnDEED in an attempt to convince the state to provide the grant funding previously approved to apply to remaining build -out in the City. Planning Department Update Page 2 of 2 August 2, 2017 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 non -emergency: 763-525-6210 MEMORANDUM Emergency 9.1_1 TO: FROM: DATE: RE: Mayor Robert Mitchell and City Council Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson July 27, 2017 Department Updates Hiring Process As of July 26, 2017, Andrew Scharf has passed his background investigation and is moving onto the physical and psychological exams. A tentative job offer will be offered to him pending his successful passing of the Minnesota POST Test on August 10, 2017. I will bring the request to hire Andrew to the second council meeting in August. Night to Unite Event On August 1st we will be holding our Night to Unite events throughout the city. We have eleven parties scheduled. We will divide them between our officers and reserves to ensure we have a presence at each. I want to invite the entire council to ride along with our officers to accompany them to the different parties. If you are interested, please notify me and I will get you scheduled. Patrol by Sergeant Nelson Patrol Activities For the dates of July 12 to July 26, 2017, our officers issued 39 citations and 92 warnings for various traffic infractions. There were a total of three traffic accidents, 14 medicals and 15 alarms. On July 12, 2017, Officer Gregory took a burglary report at a residence in which numerous tools were stolen. Case has been forwarded to Investigations. On July 5, 2017, Officers Hall and Gregory responded to a residential burglary in which guns and antique knives were stolen. This is in the same area as the previous reported burglary. Case forwarded to Investigations. On July 19, 2017, Officer Converse responded to a residential burglary. This also occurred in the same area as the other. Possible suspects have been identified and the case was turned over to Investigations. It should be noted that this victim was in jail while others were staying at his house when the burglary happened. On July 20, 2017, Officer Gregory took a theft from auto report at the Medina Golf and Country Club. Caller indicated that he left his vehicle unlocked. Case forwarded to Investigations. On July 21, 2017, I assisted the West Metro Drug Task Force and Investigator Boecker with a search warrant in Maple Grove. The property owners were possible suspects in our residential burglaries. One male was arrested on outstanding warrants and new drug charges as a result of the search warrant. On July 23, 2017, Officer Converse was dispatched to the Cherry Hill neighborhood for car prowlers at 4 a.m. Upon his arrival, a homeowner had scared off the prowlers. The area was checked and he was unable to locate anyone. On July 23, 2017, Officer Converse took a theft from motor vehicle report in Wild Meadows. Victim reported that she left her vehicle unlocked and that her purse and several other items were taken. Later in the day, the victim's purse was found near County Road 101. Most of the thefts from auto cases are crimes of opportunity. The vehicles are left unlocked with valuables inside. These are preventable crimes. Investigations by Investigator Kevin Boecker Took a theft report from a business. Manager reported her wedding ring was stolen by an employee while at work. The manager was able to provide video evidence of the theft. The suspect was arrested and denied taking the ring. A search warrant was drafted, signed, and executed on the suspect's vehicle and residence. Narcotics were discovered during the search but the ring was not recovered. A follow up search warrant will be done on the victim's phone. The case was forwarded to the Hennepin County Attorney's Office. Suspects had been identified from a residential burglary. Through attempts to make contact with the suspects, probable cause was established to obtain a search warrant of the residence. A search warrant was executed with assistance of the West Metro Drug Task Force. A small amount of narcotics was recovered. No property from the burglary was recovered. Conducted follow-up on a damage to property and possible harassment case between neighbors. The case is to be forwarded to the Medina Prosecuting Attorney for review of possible charges. Continue follow up on Internet sales fraud case. Victims have been confirmed in Florida ($10,838), and Indiana ($18,150) in which money was wired to the same bank account as our victim. Investigation is continuing. There are currently 10 open cases assigned to Investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: July 25, 2017 MEETING: August 2, 2017 SUBJECT: Public Works Update STREETS • Willow Drive, North of 55, has been paved. PW will be shouldering the project in the near future and then the project will be complete. • The 55/116 project is moving along. Clydesdale, west of 116, has been sub -cut and utilities have been installed. The rest of the project will continue with work on the east side of 116 and then shift to the west. • PW is working on the turnabout area near Caribou Coffee. Curb and pedestrian ramps have been replaced and next we will be removing and replacing the rest of the damaged concrete with asphalt. This will require a shutdown of the intersection for a day or two. I will be working with the local businesses to work through the closure. • The Clydesdale City Project will begin after the east side of the 116/55 project is complete. WATER/SEWER/STORMWATER • The watermain has been jacked under Highway 55 and the rest of the watermain in the 116 project is underway. There will be a few more shutdowns as we piece the whole system back together. • The sewer lining project is on the consent agenda for your approval. • I have asked WSB to look into the deterioration of the watermain under Highway 55 linking the system to the water tower. I will be addressing the City Council once I have collected more information on pipe condition and possible routes for a new mainline to the tower. The Hennepin County Public Works building was shut off for several hours, which was a major disruption for them. PARKS/TRAILS • The parking area at the Paul Fortin field has been completed and looks great. This will provide more parking for the ballfields and also axillary parking for the uptown Hamel area. MISCELLANEOUS • The ditches are being mowed and should be complete early next week. • The Auto-motoplex project is in full swing with utilities starting next week. There will be a shutdown to the Hennepin County PW facility as we connect to the waterline. ORDER CHECKS JULY 19, 2017 - AUGUST 2, 2017 046132 COMMERCIAL ASPHALT CO. $4,019.88 046133 DHAR, ANUPA $150.00 046134 FAUE, PATRICIA $225.00 046135 FRANKS, GORDON $500.00 046136 HENN COUNTY TAXPAYER SVCS DEPT $1,306.57 046137 HERITAGE CHRISTIAN ACADEMY $500.00 046138 HONSTAD, NATHAN/DEBORAH $17.62 046139 KANODIA, KRISHNA $250.00 046140 MN DEPT OF LABOR/INDUSTRY $6,495.27 046141 PAUL, GREGORY & JANICE $250.00 046142 STOLL, SHEILA $150.00 046143 AYIKA, CHRISTOPHER & CHI -CHI $500.00 046144 HUSAIN, S NAHID $250.00 046145 UMESH JAIN $500.00 046146 JONES, KYLE $46.04 046147 MACKEY, CADYANNA $150.00 046148 METHI, DHRUV $250.00 046149 RYAN COMPANIES $38,377.01 046150 TARGET CORPORATION $61,902.60 046151 A-1 OUTDOOR POWER INC $5.49 046152 ACE PROPERTIES LLC $6,816.55 046153 ADAM'S PEST CONTROL INC $111.24 046154 ALLINA HEALTH SYSTEM $95.00 046155 BADGER STATE INSPECTION LLC $2,900.00 046156 BEAUDRY OIL & PROPANE $2,583.93 046157 BIFFS INC $962.30 046158 BRIGGS AND MORGAN $691.25 046159 BUDGET PRINTING $26.27 046160 CONTEMPORARY IMAGES $480.91 046161 CITY OF CORCORAN $69.00 046162 CREATIVE PRODUCT SOURCE INC $100.46 046163 DPC INDUSTRIES INC $2,537.38 046164 EARL F ANDERSEN INC $149.25 046165 ECM PUBLISHERS INC $213.72 046166 FASTENAL COMPANY $28.04 046167 HAMEL LIONS CLUB $1,185.00 046168 HENN CTY RESIDENT/REAL ESTATE $51.50 046169 HENRYS WATERWORKS INC $1,335.48 046170 HOLIDAY FLEET $77.37 046171 INTERSTATE ALL BATTERY $89.98 046172 KD & COMPANY RECYCLING INC $525.02 046173 KENNEDY & GRAVEN CHARTERED $5,298.95 046174 KUSTOM SIGNALS, INC. $257.00 046175 LAW ENFORCEMENT LABOR $343.00 046176 MADISON NATIONAL LIFE $611.35 046177 MARCO INC $30.97 046178 MN CITY/CO MANAGEMENT ASSOC $257.00 046179 NAPA OF CORCORAN INC $137.61 046180 NORTHLAND PETROLEUM SERVICES $1,031.74 046181 NORTHWEST ASSOC CONSULTANTS $1,528.53 046182 OFFICE DEPOT $257.13 046183 PROPERTY RESOURCES $31,802.78 046184 RANDY'S SANITATION INC $140.00 046185 ROLF ERICKSON ENTERPRISES INC $7,706.30 046186 SIEMENS INDUSTRY INC $960.00 046187 SITEONE LANDSCAPE SUPPLY LLC $94.78 046188 STREICHER'S $382.90 046189 SUMMIT COMPANIES $1,356.75 046190 SUN LIFE FINANCIAL $604.40 046191 TEGRETE CORP $1,732.10 046192 TIMESAVER OFFSITE $346.00 046193 TOTAL CONTROL SYSTEMS INC. $1,217.20 046194 ZIEGLER INC $100.17 Total Checks $193,071.79 ELECTRONIC PAYMENTS JULY 19, 2017 — AUGUST 2, 2017 004231E ELAN FINANCIAL SERVICE $321.33 004232E CIPHER LABORATORIES INC. $1,865.69 004233E SELECT ACCOUNT $4.48 004234E AFLAC $394.88 004235E PR PERA $14,569.46 004236E PR FED/FICA $16,850.30 004237E PR MN Deferred Comp $2,320.00 004238E PR STATE OF MINNESOTA $3,401.29 004239E SELECT ACCOUNT $736.07 004240E CITY OF MEDINA $20.00 004241E MINNESOTA, STATE OF $1,810.00 004242E KONICA MINOLTA $168.48 004243E MARCO (LEASE) $1,607.91 004244E MEDIACOM OF MN LLC $355.80 004245E WRIGHT HENN COOP ELEC ASSN $1,901.62 004246E DELTA DENTAL $2,491.85 004247E THE VALVOLINE COMPANY 68 $83.98 004248E XCEL ENERGY $11,615.82 004249E SELECT ACCOUNT $166.76 Total Electronic Checks $60,685.72 PAYROLL DIRECT DEPOSIT JULY 26, 2017 0508049 ALTENDORF, JENNIFER L $1,382.89 0508050 BARNHART, ERIN A. $2,099.87 0508051 BELLAND, EDGAR J $2,570.18 0508052 BOECKER, KEVIN D. $2,272.92 0508053 CONVERSE, KEITH A $2,614.81 0508054 DINGMANN, IVAN W $1,554.36 0508055 ENDE, JOSEPH $1,620.67 0508056 FINKE, DUSTIN D. $2,178.54 0508057 GALLUP, JODI M $1,752.05 0508058 GLEASON, JOHN M. $1,912.06 0508059 GREGORY, THOMAS $1,913.53 0508060 HALL, DAVID M. $2,069.68 0508061 JESSEN,JEREMIAH S $2,097.47 0508062 JOHNSON, SCOTT T. $2,242.53 0508063 KIESER, NICHOLAS $836.84 0508064 KLAERS, ANNE M $1,154.57 0508065 LANE, LINDA $1,492.97 0508066 LEUER, GREGORY J. $1,922.83 0508067 MCGILL, CHRISTOPHER R. $1,470.20 0508068 MCKINLEY, JOSHUA D $1,658.80 0508069 NELSON, JASON $3,462.31 0508070 PETERSON, DEBRA A $1,684.69 0508071 REINKING, DEREK M $1,912.76 0508072 SCHARF, ANDREW $541.93 0508073 SCHERER, STEVEN T. $2,289.30 0508074 VIEAU,CECILIA M. $1,138.40 Total Payroll Direct Deposit $47,847.16 August 2, 2017 Minnesota Department of Employment and Economic Development Office of Broadband Development 1st National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101 Re: Mediacom Broadband Development Grant Application To Whom It May Concern: The City of Medina desperately needs broadband access for all its unserved areas. Mediacom, as the long-standing cable television and broadband provider in the eastern parts of the City of Medina, is the most likely provider for the western, rural areas of the City that remain unserved. Mediacom has recently prepared a plant design for all the unserved areas and has assured the City that the 48-mile construction will enable Mediacom to extend broadband service to all the unserved areas of the City without exception. The City of Medina strongly supports Mediacom's plan to build out all the unserved areas of the City of Medina and urges the Minnesota Department of Employment and Economic Development to approve the grant application as it relates to Medina. Sincerely, Scott Johnson City Administrator