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09.01.2015 City Council Meeting Packet
MEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, September 1, 2015 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the August 18, 2015 Special Council Meeting B. Minutes of the August 18, 2015 Regular Council Meeting V. CONSENT AGENDA A. Approve 2015 Staff Needs Analysis B. Approve Job Description and Appointment of Full-time Transcriptionist/Finance Clerk Position C. Approve Assistant City Administrator/City Clerk Job Description and Reclassification D. Approve Letter in Support of Mediacom Broadband Development Grant Application with DEED E. Resolution Accepting Resignation of Jacquel Nissen F. Approve Job Description for Part-time Planning Office Assistant and Authorize Recruitment and Appointment of Position VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATION A. 2016 Preliminary Budget and Tax Levy 1. Resolution Approving Proposed Tax Levy for 2016 2. Resolution Approving Proposed General Fund Budget for 2016 3. Resolution Reducing Debt Service Tax Levies for 2016 4. Establish Public Discussion Date for Final 2016 Tax Levy and Budget VIII. OLD BUSINESS A. Ordinance Regarding Setbacks for Decks from Upland Buffers; Amending Chapter 8 of the City Code 1. Resolution Authorizing Publication of the Ordinance by Title and Summary B. Sewer and Water Connection Fee Policy Discussion 1. Ordinance Amending the City of Medina Fee Schedule 2. Resolution Authorizing Publication of the Ordinance by Title and Summary IX. NEW BUSINESS A. Willow Manor — Preliminary and Final Plat with Variance — 2782 Willow Drive (and property to east) - Public Hearing B. Brian Etzel — Setback Variance — 2942 Lakeshore Avenue — Public Hearing C. Comprehensive Plan Timelines X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. CLOSED SESSION: UNION CONTRACT NEGOTIATIONS XIV. ADJOURN Posted 8/28/2015 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: August 28, 2015 DATE OF MEETING: September 1, 2015 SUBJECT: City Council Meeting Report V. CONSENT A. Approve 2015 Staff Needs Analysis — The City Council reviewed the analysis at the August 18, 2015 Work Session and directed Staff to bring the item forward for approval on the consent agenda. Staff recommends approval. See attached report. B. Approve Job Description and Appointment of Full-time Transcriptionist/Finance Clerk Position — At the August 18, 2015 work session staff proposed promoting Anne Klaers to full-time; remaining the part-time police transcriptionist and becoming the part-time finance clerk. Due to current staff changes and vacancies there would be no additional impact to the current 2015 budget. Staff recommends approval. See attached memo and job description. C. Approve Assistant City Administrator/City Clerk Job Description and Reclassification — The City Council reviewed this change at the August 18, 2015 Work Session, and recommended moving forward. The job description and reclassification changes are proposed to occur on January 1, 2016. Staff recommends approval. See attached job description. D. Approve Letter in Support of Mediacom Broadband Development Grant Application with DEED — Mediacom has agreed to submit an application for the Broadband Development Grant program through the State of Minnesota for buildout in Medina. Staff will review the proposed application from Mediacom to make certain it complies with our needs before the letter is released. Staff recommends approval. See attached letter. E. Resolution Accepting Resignation of Jacquel Nissen — Ms. Nissen has resigned from her part-time position with the Planning Department. Staff recommends approval. See attached resolution. F. Approve Job Description for Part-time Planning Office Assistant and Authorize Recruitment and Appointment of Position — Staff is requesting City Council authorization to recruit and hire a part-time replacement for the open Planning Department position. Staff recommends approval. See attached job description. VII. PRESENTATION A. 2016 Preliminary Budget & Tax Levy — Staff will provide a brief presentation on the proposed tax levy and general fund budget at the Regular Council meeting. A full presentation will be provided at the 6 PM Work Session. Attached is the proposed 2016 General Fund budget. See attached resolutions. Recommended Motion # 1: Adopt the resolution approving the 2016 preliminary tax levy. Recommended Motion # 2: Adopt the resolution approving the 2016 preliminary general fund budget. Recommended Motion # 3: Adopt the resolution reducing debt service tax levies for 2016. Recommended Motion # 4: Establish the 2016 final tax levy and budget discussion for December 1, 2015 at 7: 00 p.m. in City Hall. VIII. OLD BUSINESS A. Ordinance Regarding Deck Wetland Buffer Setbacks; Amending Chapter 8 of the City Code — The City Council briefly considered the proposed amendment to the City's wetland protection ordinance at the August 18 meeting. The proposed amendment would reduce the required setback for decks from 15 feet to 10 feet. The staff report from the August 18 meeting is attached for reference, as is the proposed ordinance amendment. At the August 18 meeting, City Council members asked for some examples of situations where the required setback was creating difficulties. Each property is slightly different based upon the size of the lot, the size of the home, and the desired size of deck. As a result, it is difficult to provide "common" examples. For simplicity, staff pulled the surveys for the three Enclave property owners who have expressed the most interest in the proposed amendments. See attached report, ordinance and resolution. Possible Motion #1: Deny ordinance regarding deck wetland buffer setbacks; amending chapter 8 of the city code Possible Motion #2: Approve ordinance regarding deck wetland buffer setbacks; amending chapter 8 of the city code If approve ordinance: Recommended Motion #2: Adopt resolution authorizing publication of the ordinance by title and summary 2 B. Sewer and Water Connection Fee Policy Discussion — The City has received a lot of feedback related to how the comparatively high fees put the City at a competitive disadvantage for commercial and small business development. At the August 18, 2015 Work Session, the Council discussed adjusting the way in which the fees are charged in order to provide credits for small businesses moving into existing buildings in the City. In order to effectuate this practice, staff has drafted the attached amendment to the fee schedule and policy document. The proposed amendment adds some flexibility to this practice, referencing that exceptions may be made to the SAC determination by City policy. See attached policy, ordinance and resolution. Recommended Motion # 1: Motion to adopt the ordinance amending the City of Medina fee schedule. Recommended Motion # 2: Motion to adopt the resolution authorizing publication of the ordinance by title and summary. Recommended Motion # 3: Motion to approve Policy 21.10 related to Sewer and Water Connection Fees. IX. NEW BUSINESS A. Willow Manor — Preliminary and Final Plat with Variance — 2782 Willow Drive — Public Hearing — Robert Buehler has requested to plat an existing parcel into a single buildable parcel and an outlot. The applicant owns the western portion of the subject site and another party owns the eastern portion, even though the two portions of the site were created as a single parcel back in 1984. It appears likely that the two portions of the site were given their own PID for tax purposes back in 1984 because the western portion was taxed by Minnehaha Creek Watershed and the eastern portion was not. At some point, these two tax PIDs were conveyed to two separate buyers, despite the fact they were a single legal parcel. The applicant seeks City approval to plat the portion of the subject site that they own into a buildable parcel. The eastern portion would be an outlot which would not be buildable on its own. This eastern portion is owned by the adjacent owner to the south. See attached report. Potential Motion: If the Council finds the criteria have been met, the following motion would be in order: Motion to direct staff to prepare a resolution approving the variance and plat subject to the conditions noted in the staff report. 3 B. Brian Etzel — Setback Variance — 2942 Lakeshore Avenue — Public Hearing — Brian Etzel requests a variance to reduce the required setback along Balsam from 30 feet to 12 feet for the construction of a deck that will tie in with an already existing deck along Balsam Street and Lakeshore Avenue. The deck dimensions are 10' x 22' and it would be attached to the existing 8' x 12' deck which faces Balsam Street and Lakeshore Avenue. The proposed deck would not extend any further towards Balsam Street than the already existing deck. See attached report. Potential Motion: Move to direct staff to prepare a resolution approving the variance based upon the findings noted in the staff report and subject to conditions recommended by the Planning Commission. C. Comprehensive Plan Timelines — Later in September, the Metropolitan Council will be releasing System Statements for communities throughout the metro. This will trigger the requirement that the City submit a decennial update of its Comprehensive Plan by the end of 2018. Staff has been discussing the process and tentative schedule for the update process. A draft schedule is attached. Breanne Rothstein from WSB and Associates will be coordinating much of the public participation process and has recommended the attached schedule. See attached memo and schedule. Recommended Motion: Approve the proposed process and schedule to update the Comprehensive Plan as described on the attached document. Staff also seeks direction on the potential appointment of a Comprehensive Plan Steering Committee to provide direction during the process. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003293E-003307E for $39,836.19, order check numbers 43262-43310 for $295,408.02, and payroll EFT 506614-506638 for $44,196.89. XIII. CLOSED SESSION: UNION CONTRACT NEGOTIATIONS INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 4 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF AUGUST 18, 2015 The City Council of Medina, Minnesota met in special session on August 18, 2015 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Anderson, Cousineau, Martin, Pederson, Mitchell Members absent: Also present: City Administrator Scott Johnson, City Planner Dusty Finke, Public Works Director Steve Scherer, and Public Safety Director Ed Belland. II. Ten Year Staffing Plan City Administrator Scott Johnson provided the City Council with information regarding the proposed Ten Year Staffing Plan. The plan is flexible and dependent on economic conditions, continuation of the same level of services to residents, and staff workloads. The City Council directed staff to put together an updated organizational chart with the potential positions and duties. The updated information will be brought forward for formal Council adoption at a future City Council meeting. III. Watershed Discussion Staff provided information regarding residential equivalent fees (REFs) for storm water projects. Council directed staff to bring forward a summary memo on this topic, explore options/ideas, and bring forward other examples. IV. WAC/SAC Discussion City Planner Dusty Finke provided background information on the options to possibly reduce SAC/WAC charges for new or expanding commercial/industrial businesses. Council directed staff to look into reductions for small conversions to attract new small businesses or expansions, make sure any reductions will not impact the City's Bond Rating, and provide more flexibility with changes of use. Adjournment Mitchell closed the meeting at 6.•56 p.m. r Bob Mitchell, Mayor Attest: Scott Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 1 August 18, 2015 This Page Intentionally Left Blank Medina City Council Special Meeting Minutes 2 August 18, 2015 1 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 18, 2015 4 5 The City Council of Medina, Minnesota met in regular session on August 18, 2015 at 6 7:02 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 Tom Kellogg, City Planner Dusty Finke, Public Works Director Steve Scherer, Public 16 Safety Director Ed Belland, and Recording Secretary Amanda Staple. 17 18 II. PLEDGE OF ALLEGIANCE (7:02 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:03 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:03 p.m.) 24 25 A. Approval of the August 3, 2015 Special City Council Meeting Minutes 26 Moved by Anderson, seconded by Pederson, to approve the August 3, 2015 special City 27 Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the August 5, 2015 Regular City Council Meeting Minutes 30 It was noted on page two, line 40, it should state, "...would not have a financial interest 31 while he does not have a conflict..." On page three, line 46, it should state, "there the..." 32 On page three, line 25, it should state, "...certain aspects "objectives..." On page seven, 33 line 43, it should state, "...agreement was made the determination had been made that 34 the 2011 delineation would be used because of the time of year a new delineation would 35 not be prepared until weather permits." On page seven, line 50, is should state, 36 "...finalized because of the timing with increased demand for such work during 37 development season." On page 10, line 31, it should state, "...that it..." On page 10, line 38 33, it should state, "...at that time prior to initiation of the proceeding." On page 10, line 39 43, it should state, "...assessed to the lots on the new road and perhaps paid by the 40 developer." On page 10, line 46, "She noted that County Road 6 is slated for future 41 extension of urban sewer and sanitary services." On page 10, line 51, it should state, 42 "...long run if it wants..." On page 10, line 13, it should state, "..."is if..." On page 11, 43 line 43, it should state, ".../15 percent a little over 30 percent. On page 11, line 42, it 44 should state, "...conserved aPel but..." On page 11, line 44, it should state, "...she 45 believed believes increased recreational use..." On page 11, line 46 it should state, 46 "...entire area Outlot E..." On page 12, line 32, it should state, "park dedication and..." 47 On page 11, line 35, it should state, "...pay dedicate ten percent of the land area, pay 48 cash in lieu..." On page 11, line 38, it should state, "...there is a lacking the plan lacks 49 a..." On page 12, line 46, it should state, "...this the applicants suggested partial waiver 50 of the City's park dedication ordinance." On page 14, line 10, it should state, "...approve 51 the application subject to the with conditions as discussed by the Council and presented Medina City Council Meeting Minutes 1 August 18, 2015 1 in the staff report based on a new set of plans and perhaps the new wetland 2 delineation." On page 14, line 17, it should state, "...there were many valid point 3 brought forward issues raised..." 4 5 Moved by Anderson, seconded by Cousineau, to approve the August 5, 2015 regular 6 City Council meeting minutes as amended. Motion passed unanimously. 7 8 C. Approval of the August 13, 2015 Special City Council Meeting Minutes 9 Moved by Pederson, seconded by Cousineau, to approve the August 13, 2015 special 10 City Council meeting minutes as presented. Motion passed unanimously. 11 12 V. CONSENT AGENDA (7:11 p.m.) 13 14 A. Accept Grant from Shakopee Mdewakanton Sioux Community for a 15 Defibrillator at the Hamel Community Building 16 B. Approve the Wetland Replacement Plan for the 1400 Blackfoot Trail Project 17 C. Approve Public Works 2016 Replacement Truck 18 D. Resolution No. 2015-69 Approving Master Partnership Contract with 19 Minnesota Department of Transportation 20 E. Resolution No. 2015-70 Approving Off -Site Gambling Permit for the Hamel 21 Lions Club to Conduct Lawful Charitable Gambling at 3200 Mill Drive 22 F. Resolution No. 2015-71 Requesting a Speed Study by Mn/DOT on Meander 23 Road and Chippewa Road 24 Moved by Martin, seconded by Anderson, to approve the consent agenda. Motion 25 passed unanimously. 26 27 VI. COMMENTS (7:13 p.m.) 28 29 A. Comments from Citizens on Items not on the Agenda 30 Dawn Nelson stated that she is proposing to put in a small eatery at 190 Westfalen Trail 31 in Hamel and is concerned with the sewer and water connection charges. She 32 explained that the charge for the 44-seat eatery would be $1,000 per seat, which is a 33 charge that she would not be able to recoup. 34 35 Mitchell encouraged Nelson to work with Finke to draft a proposal that could come back 36 before the Council for consideration. 37 38 B. Park Commission 39 Scherer stated that the August meeting for the Park Commission has been canceled due 40 to a lack of agenda items. He noted that the Fields of Medina Park is now open and 41 welcomed the public to attend the open house on August 26tn 42 43 C. Planning Commission 44 Planning Commissioner Williams reported that the Commission considered an 45 application for a variance and Preliminary Plat, noting that the Commission deadlocked 46 with a three to three vote. He stated that the Commission also considered a variance to 47 expand a deck and recommended unanimous approval as the encroachment would not 48 exacerbate the current encroachment. He noted that the Commission also considered 49 the Ordinance amendment that the Council will consider tonight regarding deck setbacks 50 and advised that the Commission recommended denial with a vote of 5-1 as the 51 Commission believed the current setback of 15 feet to be appropriate. Medina City Council Meeting Minutes 2 August 18, 2015 1 2 VII. OLD BUSINESS 3 4 A. Stonedate CD-PUD General Plan and Preliminary Plat (7:18 p.m.) 5 Mitchell recused himself from this discussion. 6 7 Pederson thanked the residents in attendance for their continued input. He noted that 8 the Council does have the comments made at the Park Commission, Planning 9 Commission and previous City Council meetings as well as submitted written comments 10 from residents and asked that residents not repeat comments they have already made. 11 12 Finke stated that at the August 5th meeting the Council considered a request from the 13 applicant for a 42 lot CD-PUD subdivision request and directed staff to prepare two 14 Resolutions, one of approval contingent upon changes being made to the plan and one 15 of denial should those changes not be made. He stated that the applicant submitted an 16 updated plan and also granted an extension of the review period for the City. He 17 explained that staff therefore did not prepare the Resolutions at this time and instead 18 believed that the Council should review the updated plan and can then direct staff to 19 prepare the appropriate Resolution. He highlighted some of the changes made to the 20 plan since the last review including a reduction in the lots, removing one residential lot 21 and the pool lot; an increase to the conservation area; Outlot E is proposed to be planted 22 similar to the other lots; added and extended trails; and an increase to the road width 23 and right-of-way. He stated that the Council should review the plan to determine if the 24 changes are sufficient. He stated that the extension granted by the applicant extends 25 the deadline to September 18th, which allows for two additional Council meetings. 26 27 Jennifer Haskamp, SHC, stated that one of the recommendations made at the last 28 meeting was that the new portion of Deerhill Road should be brought to full City 29 specification and noted that the Site Plan has been modified to reflect that adjustment 30 and the plans had been adjusted appropriately. She stated that the cul-de-sacs are still 31 proposed to be private but would have 60-foot right-of-way with 22-foot road surface, 32 similar to other cul-de-sacs in the City. She stated that draft information of the new 33 wetland delineation was also provided to the City, as requested, and highlighted some of 34 the changes from the 2011 delineation. She referenced the comment the Council made 35 regarding increased public access to the open space areas and noted that there has 36 been discussion with the Minnehaha Creek to possibly create a boardwalk that could 37 help access the island to the north. She stated that an added connection has also been 38 provided to the Morningside neighborhood that travels through the conservation area. 39 She stated that some of the other trails that were originally proposed had been removed 40 in order to further the restoration efforts. She stated that by eliminating the pool outlot 41 they were able to shift two lots to the south and remove all the wetland boundary from 42 the lots, noting that all the wetland boundaries now lie within the conservation area. She 43 referenced Outlot E and stated that the entire area would be planted with prairie grass 44 and another one to 1.5 acres has been added to that area. She stated that one 45 residential lot was also removed from the south, which was the lot that had the 46 secondary septic site within the conservation area. She explained that all the lots now 47 have primary and secondary septic sites within their lot boundaries. She stated that 48 Outlot C would now contain the sloped area as well, as that slope would then be 49 protected from development and would protect the scenic view from the roadway. 50 Medina City Council Meeting Minutes 3 August 18, 2015 1 Martin asked where the applicant stands on the prior request that there be flexibility to 2 place the secondary septic sites in the conservation area. 3 4 Haskamp stated that at this time they are not intending to place any secondary septic 5 sites within the conservation area and noted that flexibility was simply requested to 6 provide a backup to the backup. She stated that the request still stands but the plan is 7 not to utilize that option, noting that would only be utilized in a worst -case scenario. 8 9 Laura Domyancich, Minnehaha Creek Watershed District, thanked the Council for the 10 opportunity to be present tonight to provide comments. She stated that it is in the 11 interest of the Watershed to be involved in the upfront planning process, noting that the 12 District was engaged by the applicant and property owners in January to provide input 13 on this process. She stated that the Watershed staff was directed by its Board to 14 provide conservation objectives within the development and noted that a memorandum 15 of understanding has been entered into by the Watershed and the applicant. 16 17 Cousineau asked for additional information regarding the Watershed's perspective on 18 bituminous trails. 19 20 Domyancich stated that there are several types of trails within the Watershed and noted 21 that the objective is to review the trail types and how those trails fit within the site. She 22 stated that for this site they would prefer mowed trails that would be in a less permanent 23 location and could be shifted throughout time to provide access to different parts of the 24 conservation area. She stated that although the trail would be mowed at this time, it 25 could be paved in the future. She confirmed that the only trail that would be roving is the 26 trail that would connect from Morningside through the conservation area. She noted that 27 they have discussed opportunities for accessing the Tamarack Swamp, including the 28 possibility of a boardwalk. 29 30 Anderson asked when the boardwalk would come into play. 31 32 Domyancich stated that would be in the future as discussions on the boardwalk have just 33 begun. 34 35 Martin noted that one of the residents stated that she had spoken with the Watershed 36 regarding the septic layout and asked for input on the septic layout, the number of wells 37 and septic system, and the impact on water quality. 38 39 Domyancich stated that while the Watershed does not have interest in the septic 40 systems, but that is not the purview of the Watershed and is regulated by the 41 Department of Health. She stated that the only concern of the Watershed is that those 42 systems meet the wetland setbacks. She stated that they have enjoyed working with the 43 applicant and the City on this plan to provide input on the areas of planting, restoration, 44 and the cost and length of time to establish such features. 45 46 Anderson asked if the applicant has agreed to the seed mix recommended by the 47 Watershed. 48 49 Domyancich stated that they have simply provided input at this time. 50 Medina City Council Meeting Minutes 4 August 18, 2015 1 Steve Pflaum, 2725 Deerhill Road, stated that the give and take between the Council 2 and the developer has again improved the plan. He referenced item ten of the staff 3 report, which references Deerhill Road and states that Deerhill Road should not be used 4 for construction vehicles. He noted that the word "gravel" is used and believed instead 5 the word "existing" or "historic" should be used. He explained that if the road is paved he 6 would still not want construction traffic on the road. 7 8 Peter Rechelbacher, 1242 Hunter Drive, stated that he recently purchased the property 9 at 1822 Homestead Trail, which is adjacent to the proposed development. He 10 expressed concern with the public access trail to the Tamarack Swamp area. He stated 11 that he is currently working with the Watershed District to place land and wetlands on his 12 property into a permanent conservation easement. He noted that he is conducting 13 restoration work on his property and is concerned with the proximity of the trail to his 14 property and would be concerned that the public may be confused and wander into the 15 area on his property that he is attempting to restore to its natural state. 16 17 Don Gasper, Deerhill Road resident, stated that he is in favor of paving Deerhill Road as 18 that would stop erosion on the roadway. He noted that if the road is paved there is also 19 a better possibility that those residents on Deerhill Road would be able to receive 20 additional utilities. 21 22 Kirsten Chapman, 1910 Iroquois Drive, stated that she thinks the plan has made good 23 improvements and is in favor of the boardwalk that would go to the island. She stated 24 that once the development gets going she would be worried about noise nuisance to the 25 neighboring properties during construction. She would hope that there would be limits 26 on the hours of construction. 27 28 Martin stated that the City has policies addressing allowed construction times for new 29 development. 30 31 Clarkson Lindley, 1588 Homestead Trail, stated that he is present representing himself, 32 his wife, and son. He stated that at the August 5th meeting he expressed concern with 33 the density of the wells and septic systems and the affect that could have on the ground 34 water and surface water. He stated that he has since spoken with a professional that 35 eased his concerns regarding the density of the wells. He stated that in regard to the 36 density of the septic systems the professional did have concern that if some of those 37 systems fail there could be an effect on the surface water. He stated that he does have 38 concern with the trail near his and the Buckley property. 39 40 Johnson stated that there were also comments received by Carolyn Smith of 545 41 Medina Road, Ann Thies of 1922 Willow Drive, Clarkson Lindley, and Kirsten Chapman. 42 43 Pederson thanked the public for their comments and appreciated the updates to the plan 44 the applicant has made. He stated that he too was concerned with how the public could 45 be kept out of the conservation area and received confirmation from Batty that signage 46 would be used to keep the public from areas they should not be in. 47 48 Martin stated that Chapman also submitted comments on road issues. She asked if 49 additional inquiry had been made to the multiple septic systems. 50 Medina City Council Meeting Minutes 5 August 18, 2015 1 Kellogg stated that the question posed to him from Chapman referred to paving or not 2 paving existing gravel roads. He believed this to be consistent to City policy. He stated 3 that staff noted that currently in terms of maintenance there is grading and dust control 4 conducted on Deerhill Road. He stated that currently there are about 100 trips per day 5 on Deerhill Road, which would double to 200 under the calculations of the applicant's 6 engineer, and would trigger a consideration for paving. He stated that there is not 7 adjacent property to this area that would develop and use Deerhill Road. He stated that 8 with the exception of Gasper, most of the residents along Deerhill Road are against 9 paving the roadway. He noted that the current conditions of the roadway lend 10 themselves to slower traveling traffic. He referenced Willow Drive and Medina Road, 11 noting that those roads reached over 600 and 400 daily trips respectively before they 12 were paved. He stated that staff does not feel that there is a need at this point in time to 13 recommend paving the existing Deerhill Road unless there is a petition from the 14 residents which requests that action. 15 16 Pederson stated that he received a question from a resident asking how Homestead 17 Trail could be used for construction as there is a 35,000-pound road restriction but has 18 been advised by Chief Belland that a portion of the roadway is a County road and does 19 not have that restriction. 20 21 Anderson asked if there had been consideration for traffic making a right or left turn from 22 Deerhill onto Willow Drive. 23 24 Kellogg stated that was not included in the study. He stated that there appears to be a 25 limited sight distance when turning left onto Willow Drive from Deerhill Road. 26 27 Belland informed that City Council that the 35,000 pound weight limit does not apply to 28 Homestead Trail because it is a County Road and there is not a history of car accidents 29 at the intersection of Willow Drive and Deerhill Road. 30 31 Anderson stated that perhaps signage could be posted limiting left-hand turns onto 32 Willow Drive. 33 34 Belland stated that the police also took their lidar to that location and confirmed that 35 there is limited sight to the left. 36 37 Martin noted that comments had been provided from former Council member Carolyn 38 Smith who shared concerns in regard to failed septic systems in the Morningside 39 development. She stated that she did not share the concern as the lots within this 40 development are larger than the Morningside development and perhaps the Morningside 41 lots did not have a secondary site within the lots. 42 43 Scherer stated that the septic systems in Morningside were trench systems and noted 44 that the backyards backed up to each other and once the systems failed the City 45 installed the municipal system around 1980. He noted that this would be a much 46 different system. 47 48 Finke stated that the lots proposed in this development are larger, the lots are spaced 49 differently and do not backup to each other, and the septic technology has advanced 50 quite a bit since that time. 51 Medina City Council Meeting Minutes 6 August 18, 2015 1 Anderson thanked the applicant for their improved efforts. He referenced the enhanced 2 trail connection from Morningside and asked if that trail could be extended from the 3 existing Deerhill Road connection further north around the north side of the lots, along 4 the border of the bog. 5 6 Martin stated that after reviewing the minutes from the Park and Planning Commissions 7 that segment was not important to those bodies. She stated that the trail system 8 proposed would provide the necessary connections as well as connection to the island 9 area to the north. She reviewed some of the City's trail plans for adjacent properties, 10 should they develop and noted that the applicant's plans were consistent with the City's 11 trail maps. She stated that if the additional trail segment were added that would 12 encroach on the privacy of the owners of the lots having views of the bog. She believed 13 the connection to Morningside was more important as well as the improved protection to 14 the viewshed for Homestead. She stated that she was elated with the restoration and 15 access to the restored area and believed that the City is getting a lot in return for the 16 density. 17 18 Cousineau stated that she is concerned with what the trails are made of and believed 19 that would determine usage. 20 21 Finke provided additional detail on the base that would be recommended for the turf trail. 22 23 Cousineau stated that she would want to ensure that the trail was firm enough for 24 strollers and bikes. 25 26 Martin stated that in her mind whatever is necessary to protect and preserve the prairie 27 should be used, noting that if that limits the trail to foot traffic so be it. 28 29 Domyancich provided additional detail on the composition of a turf trail, noting that it 30 would be firm, comparing it to a gravel trail that has been grown and mowed. 31 32 Pederson asked if there are any requirements for the trails to be handicap accessible. 33 34 Kellogg stated that typically there is a five percent maximum grade for a handicap 35 accessible trail. 36 37 Martin stated that there would be slopes that would exceed that grade and they would 38 want to preserve the natural slopes as well. She stated that even though the trail might 39 not be connected to the neighboring properties she would like to see a trail cut to the 40 west so that connection could be made, should that property ever be developed. 41 42 Finke stated that the trails have been a moving target during this process, especially 43 during the past two weeks. He suggested wider easements in that case and would 44 recommend signage to ensure trespassing does not occur, noting that staff would be 45 mindful of possible connections should those opportunities present themselves in the 46 future. He noted that there has also been discussion regarding private trail corridors. 47 48 Anderson stated that he would be in favor of obtaining an easement for a south trail and 49 confirmed the consensus of the Council. 50 Medina City Council Meeting Minutes 7 August 18, 2015 1 Martin stated that she believes that the updated application does meet the objectives of 2 the Conservation Design Ordinance and received consensus from the Council that the 3 objectives had been met. 4 5 Moved by Martin, seconded by , to direct staff to prepare an ordinance rezoning the 6 property to CD-PUD and a resolution granting preliminary plat approval subject to the 7 conditions set forth in the staff report as modified in this resolution and conditioned upon 8 the applicant submitting a revised plat and plans consistent with the modified conditions 9 as follows; This resolution includes modifying condition one to refer to the changes on 10 the site plan last received by the City today and reviewed this evening; modifying 11 condition five to specify that easements would be 20 feet in width and trail easements 12 would include the locations on the plan presented this evening with one additional trail 13 connecting Morningside southerly to new Deerhill Road and the easement for a future 14 trail connection to the west from the trail proposed between the island and the cul-de-sac 15 in Block 1; modifying condition seven to clarify that the actual right-of-way would be a 60 16 foot right-of-way and permitting reduction of the front yard setback of the lots permitted 17 by the Conservation Design Ordinance; modifying condition nine to add "easements" to 18 permits and agreements" and "adjacent land owner" to "City of Orono;" modifying 19 condition ten to read that construction traffic will be permitted on those roads as 20 approved by staff and specified in the Development Agreement; modifying condition 18 21 to require no significant tree removal from the site beyond that contemplated in the 22 detailed plans last submitted to the City; modifying condition 19 to state the conservation 23 easement is also acceptable to the City (noting that the Minnehaha Creek Watershed 24 District is acceptable as the holder); in condition 24 today's date shall be used; modifying 25 condition 28 to state as shown on the plans reviewed by the City Council on August 5th; 26 adding condition 30 to state that revised plans shall demonstrate that all septic sites 27 shall meet the necessary setbacks as required by City Ordinance requirements and to 28 allow up to 25% of the lots to have secondary drainfields in the conserved area if a 29 secondary drainfield cannot be reasonably accommodated on a lot, the secondary septic 30 site within the conserved area is approved by the conservation easement holder; the 31 installations of the secondary drainfield is completed in compliance with all applicable 32 regulations and the installation does not result in significant hardwood tree loss, and 33 modifying condition nine to include the word easements. 34 35 Further discussion: Anderson stated that while this is a greatly improved plan he is 36 unsure that the density requested is justified. 37 38 Cousineau agreed that the bonus density is the element that she has struggled with as 39 well, as this is a big ask for this part of the City. 40 41 Martin noted that Morningside has a much greater density. 42 43 Anderson suggested that this be revisited at the September 1st meeting to address the 44 bonus density issue. 45 46 The motion failed for lack of a second. 47 48 Cousineau stated that this is a tricky position because of the contingent settlement 49 agreement in place. 50 Medina City Council Meeting Minutes 8 August 18, 2015 1 Anderson stated that in all of the emails and comments received, the rural character of 2 Medina has been mentioned. He stated that while he cherishes the rural characteristics 3 he also recognizes that those pastures and greenspace belong to someone else. He 4 stated that when speaking of rural character the residents should recognize that those 5 aspects belong to someone else and those people have the right to develop their 6 property. He stated that in respect to this property, the applicant does have the right to 7 develop their property and under current zoning would have the ability to develop 22 lots 8 on their property. He noted that through the Conservation Design Ordinance the 9 developer is requesting a density bonus. He stated that conservation to him means 10 conserving but also opening up that aspect to the public to enjoy, which he believed this 11 trail plan does accomplish and applauded the applicant for those efforts. He stated that 12 his problem is what is actually being protected and what the City is getting in return for 13 the density bonus. He recognized the value of the Tamarack Swamp, noting that is not 14 buildable area, and recognized that the viewshed would be opened up to provide the 15 public with better access to that feature. He referenced the migration of wildlife and 16 stated that this plan should not interfere with the west/east migration as that migration 17 could occur to the north. He stated that he would be more comfortable with a bonus 18 density of 14 to 15 additional lots on top of the developable 22 lots, which he believed 19 would be around 180 percent. 20 21 Pederson agreed with the comments from Anderson but noted that there is a contingent 22 settlement agreement. He stated that his sticking points are the bonus density and the 23 trails. He stated that he does not like the turf trails because they cannot be easily 24 maintained. He asked the staff preference for the trail system. 25 26 Scherer stated that originally the connection going to the north was recommended to be 27 paved by the Park Commission while the other trail could remain as turf. 28 29 Cousineau stated that in respect to the trails the gravel underneath the trail could 30 support bituminous in the future should usage equate paving. 31 32 Scherer agreed that some sort of base would be needed under the turf trail, suggesting 33 limestone. 34 35 Cousineau stated that she is cognizant to what had been agreed upon in December with 36 the contingent settlement agreement. 37 38 Martin stated that she does not find that the contingent settlement agreement binds the 39 City to the 190 percent density bonus and the conserved area should instead justify the 40 density bonus. She referenced other developments that have been approved in the City 41 with smaller lot sizes and no conserved areas or public access. She stated that this 42 development has a lot size of 1.75 acres and is providing 35.6 percent of the buildable 43 area for conservation, which the public can access and walk through. She stated that 44 the setback has been doubled near the Tamarack Swamp, which provides additional 45 protection to the Tamarack Swamp, the applicant has added, protection of the slope on 46 the east to protect the view from Homestead, and protection of the hardwood forest has 47 been provided. She noted that most developers remove the forested areas and was 48 unsure what else the City could ask of the developer. 49 50 Anderson agreed with the comments made by Martin but stated that the developer is 51 asking for a bonus density of 190 percent and while the City in return is getting Medina City Council Meeting Minutes 9 August 18, 2015 1 everything Martin has mentioned, he was unsure that would equate to 19 bonus lots. He 2 stated that he is comfortable with 14 to 15 bonus density lots. 3 4 Pederson stated that this application is requesting 186 percent bonus density and the 5 question the Council needs to ask is whether the application meets the higher percentile 6 of the Conservation Design Ordinance. 7 8 Anderson stated that any plan needs to fit within the area or neighborhood of the City in 9 which it is located and expressed concern with the traffic exiting to Deerhill and then 10 Willow. 11 12 Martin stated that traffic impact does not apply to the bonus density, which is based on 13 quality and character of the preserved area. 14 15 Moved by Anderson to direct staff to prepare a resolution approving preliminary plat with 16 all the conditions in the staff report based on the bonus density that would equate to a 17 total of 36 lots. 18 19 Further discussion: Cousineau stated that she is hesitant to put a number on the lots. 20 She stated that it would be helpful to have input from the applicant on what they are 21 willing to do. 22 23 The motion failed for lack of a second. 24 25 Gerry Duffy, attorney for the applicant, stated that this plan is what they are willing to do. 26 He stated that if 41 lots is not going to work for the Council then they should do what 27 they need to do and the applicant will do what they need to do. He stated that the 28 extension is based upon approval of the plans and if the approval is not granted the 29 extension will not be given. 30 31 Moved by Martin, seconded by , to direct staff to prepare an ordinance rezoning the 32 property to CD-PUD and a resolution granting preliminary plat approval subject to the 33 conditions set forth in the staff report as modified in this resolution and conditioned upon 34 the applicant submitting a revised plat and plans consistent with the modified conditions 35 as follows; This resolution includes modifying condition one to refer to the changes on 36 the site plan last received by the City today and reviewed this evening; modifying 37 condition five to specify that easements would be 20 feet in width and trail easements 38 would include the locations on the plan presented this evening with one additional trail 39 connecting Momingside southerly to new Deerhill Road and the easement for a future 40 trail connection to the west from the trail proposed between the island and the cul-de-sac 41 in Block 1; modifying condition seven to clarify that the actual right-of-way would be a 60 42 foot right-of-way and permitting reduction of the front yard setback of the lots permitted 43 by the Conservation Design Ordinance; modifying condition nine to add "easements" to 44 permits and agreements" and "adjacent land owner" to "City of Orono;" modifying 45 condition ten to read that construction traffic will be permitted on those roads as 46 approved by staff and specified in the Development Agreement; modifying condition 18 47 to require no significant tree removal from the site beyond that contemplated in the 48 detailed plans last submitted to the City; modifying condition 19 to state the conservation 49 easement is also acceptable to the City (noting that the Minnehaha Creek Watershed 50 District is acceptable as the holder); in condition 24 today's date shall be used; modifying 51 condition 28 to state as shown on the plans reviewed by the City Council on August 5th; Medina City Council Meeting Minutes 10 August 18, 2015 1 adding condition 30 to state that revised plans shall demonstrate that all septic sites 2 shall meet the necessary setbacks as required by City Ordinance requirements and to 3 allow up to 25% of the lots to have secondary drainfields in the conserved area if a 4 secondary drainfield cannot be reasonably accommodated on a lot, the secondary septic 5 site within the conserved area is approved by the conservation easement holder; the 6 installations of the secondary drainfield is completed in compliance with all applicable 7 regulations and the installation does not result in significant hardwood tree loss, and 8 modifying condition nine to include the word easements. 9 10 Pederson briefly recessed the meeting at 9:08 p.m. 11 12 Pederson reconvened the meeting at 9:13 p.m. 13 14 Pederson noted that this is the first CD-PUD development the City has considered and 15 therefore the Council and developer have struggled. 16 17 Martin stated again the motion that was made prior to the recess. 18 19 Moved by Martin, seconded by Pederson, to direct staff to prepare an ordinance 20 rezoning the property to CD-PUD and a resolution granting preliminary plat approval 21 subject to the conditions set forth in the staff report as modified in this resolution and 22 conditioned upon the applicant submitting a revised plat and plans consistent with the 23 modified conditions as follows; This resolution includes modifying condition one to refer 24 to the changes on the site plan last received by the City today and reviewed this 25 evening; modifying condition five to specify that easements would be 20 feet in width 26 and trail easements would include the locations on the plan presented this evening with 27 one additional trail connecting Momingside southerly to new Deerhill Road and the 28 easement for a future trail connection to the west from the trail proposed between the 29 island and the cul-de-sac in Block 1; modifying condition seven to clarify that the actual 30 right-of-way would be a 60 foot right-of-way and permitting reduction of the front yard 31 setback of the lots permitted by the Conservation Design Ordinance; modifying condition 32 nine to add "easements" to permits and agreements" and "adjacent land owner" to "City 33 of Orono;" modifying condition ten to read that construction traffic will be permitted on 34 those roads as approved by staff and specified in the Development Agreement; 35 modifying condition 18 to require no significant tree removal from the site beyond that 36 contemplated in the detailed plans last submitted to the City; modifying condition 19 to 37 state the conservation easement is also acceptable to the City (noting that the 38 Minnehaha Creek Watershed District is acceptable as the holder); in condition 24 39 today's date shall be used; modifying condition 28 to state as shown on the plans 40 reviewed by the City Council on August 5t"; adding condition 30 to state that revised 41 plans shall demonstrate that all septic sites shall meet the necessary setbacks as 42 required by City Ordinance requirements and to allow up to 25% of the lots to have 43 secondary drainfields in the conserved area if a secondary drainfield cannot be 44 reasonably accommodated on a lot, the secondary septic site within the conserved area 45 is approved by the conservation easement holder; the installations of the secondary 46 drainfield is completed in compliance with all applicable regulations and the installation 47 does not result in significant hardwood tree loss, and modifying condition nine to include 48 the word easements. Motion passed 3-1 (Anderson opposed). 49 50 Pederson briefly recessed the meeting at 9:14 p.m. 51 Medina City Council Meeting Minutes 11 August 18, 2015 1 Mitchell rejoined the Council and reconvened the meeting at 9:16 p.m. 2 3 VIII. NEW BUSINESS 4 5 A. Ordinance Regarding Setbacks for Decks and Upland Buffers; Amending 6 Chapter 8 of the City Code (9:16 p.m.) 7 Finke stated that current City regulations require that upland buffers be established 8 adjacent to wetlands upon new development and City regulations require an additional 9 15-foot setback for structures. He explained that this additional setback is for protection 10 of the wetland buffer, not necessarily the wetlands themselves. He stated that a number 11 of the homes in the Enclave development have a very limited depth which makes it 12 difficult to construct a deck. He advised that a property owner in the Enclave requested 13 that the City consider reducing the setback for decks to five feet, noting that there would 14 still be the wetland buffer between the setback and wetland. He reported that the 15 Planning Commission considered the request and recommended denial of the reduction 16 to five feet. He stated that the Commission also considered a request to reduce the 17 setback to ten feet and recommended denial of that as well. He noted that there was 18 concern with creep that a deck could then be converted to a three or four season porch. 19 He stated that the Commission also felt that if the setback is reduced the homes will be 20 pushed further towards the wetland and the homeowners would then be left in the same 21 position as those in the Enclave. He stated that the Commission spoke specifically 22 about this issue to Lennar when considering that development request. 23 24 Pederson asked for additional information regarding the usable space below the deck. 25 26 Finke provided additional clarification. 27 28 Mitchell stated that three season and four season porches were discussed in Lake 29 Independence and the decks all eventually wound up becoming enclosed. 30 31 Pederson asked if the buffers are signed to prevent mowing. 32 33 Finke confirmed that the buffer is signed but noted that the setback is not signed. He 34 stated that the easements and setbacks are shown on the surveys for this development. 35 36 Cousineau asked if this would apply to flat elevation, such as a walkout. 37 38 Finke confirmed that the setback would apply in that case. He stated that patios and 39 gazebos would be allowed if permitted by the homeowners association (HOA). 40 41 Martin stated that if the purpose of the setback is to limit impervious surface it would not 42 seem to make sense to allow patios. 43 44 Finke stated that the setback is to discourage encroachment in the buffer itself and not 45 specifically for water quality. 46 47 Pederson stated that if a patio is allowed he would not see the difference with a deck. 48 49 Mitchell stated that a patio is part of the landscaping while a deck could then become 50 covered. 51 Medina City Council Meeting Minutes 12 August 18, 2015 1 Pederson stated that perhaps language could be added that states uncovered decks. 2 3 Finke stated that language is included already. 4 5 Martin asked if these homes do not have room to build a deck. 6 7 Finke explained that there is some room but it would depend on the proximity of the 8 wetland which can be odd shaped and therefore there are some odd shaped decks. 9 10 Mitchell stated that he has sympathy for the homeowners and would like to pause the 11 discussion and obtain additional information, inviting the interested parties to show 12 additional information on the specifics of their property. 13 14 Martin stated that she would find that helpful as well. She asked if homeowners could 15 submit a variance request should the Ordinance not be changed. 16 17 Finke stated that a variance request could be submitted but the hardship would be 18 difficult to prove. 19 20 Cousineau asked if this is specific to the Enclave or whether it is throughout the City. 21 22 Finke stated that it would be fairly common for properties near wetlands in many 23 developments. 24 25 Moved by Anderson, seconded by Pederson, to table the Ordinance regarding deck 26 wetland buffer setbacks; amending Chapter 8 of the City Code. Motion passed 27 unanimously. 28 29 I Dncnl�c''a h o-n- r izi-ny RL blication 0fi chi-Grdi�-a-ns;�ri le—a-'-by ���rc � yr 30 S-umnmafy 31 32 B. Resolution No. 2015-72 to Contract with a Council Member (Hwy 55 Rental 33 for Medina Celebration Day (9:30 p.m.) 34 Pederson recused himself from the discussion. 35 36 Johnson noted that this is a housekeeping item as the City contracts with Highway 55 37 Rental for Medina Celebration Day. 38 39 Moved by Anderson, seconded by Martin, to adopt Resolution No. 2015-72 to contract 40 with a Council Member. Motion passed unanimously. 41 42 Pederson rejoined the Council. 43 44 IX. CITY ADMINISTRATOR REPORT (9:31 p.m.) 45 Johnson stated that the City is close to having an agreement letter in place with 46 Mediacom that should be ready for September 1st and commended Finke for his work on 47 this matter. 48 49 X. MAYOR & CITY COUNCIL REPORTS (9:32 p.m.) 50 Mitchell stated that he was thrilled with the attendance at the picnic the previous week. 51 Medina City Council Meeting Minutes 13 August 18, 2015 1 XI. APPROVAL TO PAY THE BILLS (9:33 p.m.) 2 Moved by Martin, seconded by Pederson, to approve the bills, EFT 003271 E-003292E 3 for $75,424.07, order check numbers 43187-43261 for $607,654.54, and payroll EFT 4 506583-506613 for $47,868.28 and payroll checks 20432-20433 for $9,208.31. Motion 5 passed unanimously. 6 7 XII. ADJOURN 8 Moved by Anderson, seconded by Pederson, to adjourn the meeting at 9:33 p.m. 9 Motion passed unanimously. 10 11 12 13 Bob Mitchell, Mayor 14 Attest: 15 16 17 Scott Johnson, City Administrator 18 Medina City Council Meeting Minutes 14 August 18, 2015 Agenda Item # 5A 2015 Staff Needs Analysis Introduction Medina Department Heads have been working to put together a staff needs analysis to determine the needs of each department over the next ten years. The plan is flexible and dependent on economic conditions, continuation of the same level of service to residents, and staff workloads. The report has been prepared to demonstrate the needs for staffing resources over the next ten years. The plan acts as a road map for future staff additions. The timelines are also flexible and any staff additions would be approved by the City Council through our budget and recruitment processes. The primary recommendations for staffing have been founded on evaluation of existing conditions, projected levels of service (based on current service levels), and projected growth. Budgetary conditions and desired service levels, including non -essential services yet determined, will be determined by future City Councils. The proposed plan has been based on the philosophy of the current City Council, which values a smaller staff that fulfills a wide variety of roles in the organization. Discussions have been held with Department Heads to evaluate future needs and the primary recommendations in this report are supported by the Departments. The City of Medina's historical approach to staffing has involved recruiting and retaining highly qualified, highly productive, dedicated employees to the workforce. Historical retention efforts have included exceedingly competitive compensation, utilization of new technologies to provide better efficiencies, and providing a quality work environment. Consultants have been used frequently to assist staff and Council to achieve goals and meet demands for services. The result of this strategy has allowed for a smaller team -oriented and efficient staff by comparison to similar municipalities in the number of full-time equivalent (FTE) employees. The recommendations outlined in this report incorporate the continuance of this historical strategy. Administration (includes Clerk's Office and Finance) The city administrative area consists of a City Administrator -Clerk, Assistant to City Administrator -Deputy Clerk, Finance Director, Assistant Finance Director, Accounting Technician, City Attorney, City Assessor, Building Inspectors, Fire Marshal, and City Engineer. All positions are filled by city employees or professional contracted services. General responsibilities are as follows: City Administrator — serves as the chief administrative officer for the city and oversees all city departments, consultants, contracts, and day-to-day administrative operations of the city. Also serves as City Clerk. Assistant to City Administrator/Deputy Clerk — provides administrative and project management support to the City Administrator and oversees the city's elections, human resources, IT/communications, licensing, recycling, city ordinances, etc. Also serves as the Deputy Clerk. 1 City Attorney - provides legal counsel for city council and staff. The city contracts this service with Kennedy & Graven. City Assessor - views each parcel of real estate in the city to determine its market value. Also determines the classification or use of each parcel. This information is the basis for property tax assessments. The city contracts this service with Southwest Assessing. Building Inspector — provides building plan review and approval as well as physically inspects structures to ensure compliance with building permit specifications. The city contracts this service with Metro West Inspection. Fire Marshal - Medina is served by four volunteer fire departments. Most of these serve other cities as well. Metro West Inspection is appointed as the Medina Fire Marshal. City Engineer - provides a variety of civil engineering services including the review of land -use plans and submittals involving engineering issues, public facility infrastructure design, and transportation planning The city contracts this service with WSB. Financial Consultant — provides debt service, budget management, long-term planning, and training. Erin Barnhart transitioned to the Finance Director position on January 1, 2015. KDV transitioned from the Finance Director role to a financial consultant role on January 1, 2015. This role will provide oversight and answer questions as needed. The consultant will come to City Hall once per month and on an as -needed basis Finance Director — manages day-to-day finance operations, payroll, special assessments, compliance reporting, and general fund accounting, quarterly reporting, tax reporting and filing, cash management, benefit management, workers compensation and insurance policy maintenance, capital asset management, and co -coordinator elections. Accounting Technician — processes utility billing and maintenance, accounts payable and receivable, general fund accounting, billing customer service, credit card payment management, contract management, elections, and land -use management. Projected Changes for Staff/Support/Resources: Police Transcriptionist/Finance Clerk (Promotion from Part-time to Full-time - 2015) — This newly created position would combine the Part-time Police Transcriptionist position and the Part-time Finance Clerk position. The position will assist the Finance Department with utility billing, billing/receipts, and payroll. This position will report to the Finance Director and Public Safety Director. As the City will continue to grow, more accounts for utilities will be prevalent, as well as payroll processing. A larger population and business operations will also require more daily administration of general invoicing and collection of receipts. The position will also be responsible for organizing Celebration Day and take some of the job responsibilities from the Administrative Assistant to Planning and Public Works position so they can concentrate on more 2 planning responsibilities. Staff also supports evaluating the use of technology and outsourcing to reduce the burden on staffing resources if feasible and without sacrificing customer service. Assistant City Administrator/City Clerk (Promotion — January 2016) — The Assistant to City Administrator/Deputy Clerk position would be promoted to this position. The position would report directly to the City Administrator position. The position would be responsible for election coordination, intra-office communication, assisting the City Administrator in various duties/responsibilities (specifically taking over all clerk responsibilities), contract administration, public relations/web site management, human resources, Hamel Community Building liaison, general project management, master filing system maintenance, record retention, event planning, employee training/recruitment/retention, etc. Planning & Zoning The Planning Department consists of a Planning Director, Planning Assistant and shared Administrative Assistant with the Public Works Department. Director of Planning and Building — (City Planner to Director of Planning and Building — 2016) oversees day-to-day functions of the Planning department including administration of zoning and subdivision ordinances and the comprehensive Plan. Manages land use application review and development processes. Coordinates City's Geographical Information Systems (GIS) and mapping activities. Acts as department head, responsible for management of department personnel, coordination with consultants, and budgetary matters. Planning Assistant — coordinates building permit process and code enforcement activities, and assists with the processing of land use applications. Collects and reports City and agency (Met Council, Department of Labor and Industry) fees. Provides customer service for general planning/zoning matters. Conducts review of land use applications such as variances and conditional use permits. Administrative Assistant to Planning and Public Works — provides clerical and administrative support through answering phones and counter traffic, mail distribution, and ordering supplies. Assists the planning department with building permits, septic system inspection reports, packets, mailings, and filing Assists the Public Works Director with all yearly reports, bid process and agreements with vendors. Also plans and coordinates City Celebration Day and Clean-up Day. Part-time and Temporary Staff The Planning Department utilizes part-time and temporary staff as needed depending on building and planning department activity. The department intends to continue to do so in order to maintain flexibility while reducing permanent costs. Projected Changes for Staff/Support/Resources: Transfer Administrative Assistant Tasks - (2016) — In connection with the hiring of additional staff in the Finance Department, various administrative tasks would be transferred to the Administration department. At the least, these would include coordination of Celebration Day, 3 processing homestead applications, and other administrative tasks. This transfer will allow the Administrative Assistant to Planning and Public Works to provide more daily support for building permit activities of the Planning Department. Associate Planner — (Promotion 2016) — The Planning Assistant would be promoted to this position. The position would provide additional professional planning services including review of subdivision and land -use applications in addition to most of current responsibilities of the Planning Assistant. In order to provide the Associate Planner more time for planning activities, the Administrative Assistant to Planning and Public Works would assist with additional administrative and daily building permit activities. Public Safety The Medina Police Department has organizational responsibility for all public safety activities in the City, including police, fire and emergency preparedness. Fire: The Public Safety Director serves as the City's primary liaison with volunteer fire departments that serve Medina. City Code, Chapter 210, authorizes the City Council to contract for fire protection services with other municipalities (Long Lake and Maple Plain) and volunteer fire departments (Hamel and Loretto). The City Administrator administers the contracts. Emergency Preparedness: The City has an Emergency Operations Plan that details City policies and procedures for responding to emergencies such as train derailment, airplane crash, epidemic, terrorist attack, tornado, etc. The City is also part of the Lake Minnetonka Regional Emergency Operations Plan, a joint powers agreement with other communities in the Lake Minnetonka area. The Public Safety Director is the City's Director of Emergency Preparedness and is responsible for overall direction and control of City resources in an emergency. Structurally, the Police Department includes the Public Safety Director, City Prosecutor, Police Sergeant, Police Investigator, Police Officers, Police Administrative Assistant, Transcriptionist, Community Service Officers, and Police Reserves. The City Prosecutor is an attorney in private practice whose services are contracted by the City. Police Reserves are non -paid positions. The balance of positions in this department is paid positions, hired by the City. General Public Safety responsibilities are as follows: Public Safety Director - serves as department head performing executive and administrative work to manage the daily administration of the police department and provide leadership for the City's law enforcement, crime prevention, and community policing efforts. Serves as City Emergency Management Director; and, staff liaison to coordinated fire services. Police Sergeant - provides leadership and supervision to assigned officers and personnel, works directly with citizens and staff to resolve problems/conflicts, performs all the essential duties and responsibilities of a patrol officer and during the absence of the chief, the sergeant shall be designated as the officer in charge of the Department. 4 Investigator - investigates assigned cases for prosecution or other clearance. This position coordinates investigations, prepares and/or reviews investigative reports, and makes presentations to the appropriate prosecuting attorney for appropriate charging action. Administrative Assistant - performs non -supervisory administrative, secretarial, and clerical work to assist the Police Chief with the department's daily administration. Processes a variety of reports, related documents, and correspondence. Receives visitors at the front counter and on the phone. This position serves as a confidential employee and currently holds the designation of Terminal Agency Coordinator (TAC). Transcriptionist - performs non -supervisory transcription duties and clerical work to support and assist the administration of the police department. Processes a variety of reports and related documents for the police department. This position serves as a confidential employee. This position is a part-time position and will back up the full time administrative assistant. Seven Patrol Officers - performs non -supervisory, patrol and police work in support of law enforcement, crime detection/prevention and investigation, traffic control, emergency response, and public assistance activities. Responsible for minimal administrative functions; assists with some educational and safety programs in public schools; and provides law enforcement at community functions. Majority of time is spent responding to calls to enforce laws and patrolling to protect the property and serve the residents of the community. City Prosecutor - prosecutes misdemeanors and gross misdemeanors on behalf of the City (Note: the office of the Hennepin County Attorney prosecutes felonies). The city currently contracts this service with Tallen & Baertschi. Part-time Community Service Officer - enforce parking and other City ordinances, respond to non -emergency calls, and participate in community and public education programs, such as Operation ID, bicycle safety, and Neighborhood Watch. Six Police Reserves — volunteers that assist police and community service officers with non - emergency calls, represent the city and provide manpower for department or special details, such as the Hamel Rodeo. Projected Changes for Staff/Support/Resources: Community Service Officer (Part-time 2017) — The new part-time position would be responsible for general patrol of roads, community service activity, general administrative tasks and responding to calls as needed. With the population growth in the city, the position will be realizing more demands for services. Community service will become more vital in crime prevention and awareness. General office administrative tasks will also become more prevalent in response to the growth of the community and department. Patrol Officers (Full-time 2018 and 2022) — Both positions would report to the Police Chief, and Sergeant. The positions will be responsible for general patrol of roads within the city and responding to calls as needed. With the increase in residential population and likelihood of 5 increasing commercial and office suite construction, the department will have more areas to patrol and respond to calls. Public Works The public works department consists of a Public Works Director, shared Administrative Assistant with planning, a Public Works Foreman, two Public Works Maintenance Workers, and one Public Works Maintenance Worker/Field Inspector. The public works department is in charge of all public facilities in Medina, including city roads, parks/trails, sanitary sewers, storm sewers, water system (including wells, water distribution networks, water treatment facilities, and water storage). Public Works Director - directs the daily administrative, technical, and supervisory operation of all public works functions that includes the Water and Wastewater Systems, Stormwater, Streets, and Parks Departments. Public Works Foreman - responsible for assigning/prioritizing daily work tasks to the Public Works Department employees and the safe operation of the shop, as well as City infrastructure. Performs supervisory, manual and skilled work to assist in maintenance tasks performed in all public works areas and responds to emergency situations. Maintenance Worker - responsible for maintenance of municipal water and wastewater systems and components, safety committee coordinator, operates a variety of equipment, snow plows/sands, performs routine maintenance on City -owned buildings/facilities, and responds to emergency situations. Maintenance Worker - operates a variety of equipment, snow plows/sands, performs routine maintenance on City -owned buildings/facilities, and responds to emergency situations. Field Inspector/Maintenance Worker - Conducts field inspections of designated city projects, operates a variety of equipment, snow plows/sands, performs routine maintenance on City - owned buildings/facilities, and responds to emergency situations. Projected Changes for Staff/Support/Resources: Maintenance Worker (Part-time position 2017 increased to full time in 2020; Part-time position in 2023 increased to full time in 2025) — The position will report directly to the Public Works Director. Both positions will be responsible for assisting the Public Works Director and existing street/utility maintenance crew in the street, water, sewer, and park functions. The City's water utility continues to grow with housing and minimal commercial development. Staffing will be needed to operate and maintain facilities and infrastructure. Roads, sidewalks and trails will also continue to be constructed and turned over to the City through subdivision development. Additional staff resources will be needed to maintain and replace the growing infrastructure. Administrative Assistant to Public Works (2019) — The Administrative Assistant is proposed to move to the Public Works office and will no longer be shared with Planning. In addition to 6 accounting for expected increases in workload, the time previously dedicated to Planning will allow certain tasks to be completed by City staff rather than consultants. Conclusion It is an honor and privilege to serve as the Medina City Administrator and to provide the staff Needs Analysis report. The report reflects the historical staffing philosophy which values a smaller staff that fulfills a wide variety of roles in the organization. I am confident the proposed plan will provide the staffing levels necessary to provide the customer service levels expected in our community and to also be good stewards of our tax levy. I request your acceptance of the report and understand that implementation of the recommendations may be influenced by the economy and other unexpected variables. 7 Agenda Item # 5B MEMORANDUM TO: Medina City Council FROM: Erin Barnhart, Finance Director DATE OF REPORT: August 26, 2015 DATE OF MEETING: September 1, 2015 SUBJECT: Appoint Anne Klaers to full-time Transcriptionist/Finance Clerk Effective September 2, 2015 Background At the August 18, 2015 City Council work session staff proposed promoting Anne Klaers to full- time; remaining the part-time police transcriptionist and becoming the part-time finance clerk. Due to current staff changes and vacancies there would be no additional impact to the current 2015 budget. Anne has been a valued employee of the City for eight years. Staff sees this as an opportunity to promote from within an employee that we wish to retain. Staff also sees this as a savings in time because she is already versed in all City departments and has a finance background. Time and money will be saved by foregoing the part-time position hiring process. Attached is the updated job description for the Transcriptionist/Finance Clerk position. As recommended by Gallagher Benefits Services, Inc. a professional consulting firm in our industry: "Job descriptions are an essential component of any organization. Not only is it important that they are thorough and accurate when first crafted, it is also vital that they are kept up-to-date, as employees' job functions may evolve. Inaccurate or outdated job descriptions can also negatively affect recruiting and productivity, are a detriment to the employer -employee relationship and pose serious legal ramifications for the company." Recommended Action: To appoint Anne Klaers as the Transcriptionist/Finance Clerk effective September 2, 2015, and approve the job description as presented. City of Medina Position Description TRANSCRIPTIONIST/FINANCE CLERK Position Title: Transcriptionist/Finance Clerk Department: Police/Finance Supervisor's Title: Public Safety Director/Finance Director Pay Grade: Step 1-2 FLSA Status: NON-EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION Transcriptionist: Performs non -supervisory transcription duties and clerical work to support and assist the administration of the police department. Processes a variety of reports and related documents for the police department. This position serves as a confidential employee. This position will back up the full time administrative assistant. Finance Clerk: Performs various phases of accounts payable and accounts receivable functions to process vendor and customer records for preparing and issuing payments and invoices. Provide backup to Accounting Technician duties; assisting with utilities, customer inquiries, data entry and records management. ESSENTIAL FUNCTIONS OF POSITION Transcriptionist ■ Transcribes and prepares dictated police reports. ■ Transcribes and prepares victim, witness and suspect statements. ■ Submits reports to the concerned officers for their final review. ■ Submits to administrative staff to forward to appropriate prosecuting authority. ■ Processes evidence, tracts and releases property from the evidence room. Accounts Payable ■ Maintains and monitors electronic vendor transactions. ■ Examines invoices for proper departmental authorization, sales tax liability and contractual obligations. ■ Applies bill payment processes in accordance with city and state statute purchasing and payment requirements. ■ Resolves discrepancies concerning billing amounts with vendors. ■ Accurately enters invoice information to automated system and prepares disbursements. ■ Prepares accounts payable and prepaid expense reconciliations and accruals. Accounts Receivable ■ Handles and processes cash for payments from checks or cash and refunds and performs cashier duties. ■ Receives payments for licenses, assessments, rents, tickets, fees, beverages, and invoices. ■ Assures accurate receipting and timely deposits. OTHER DUTIES AND RESPONSIBILITIES ■ Assists Police Depal tment with calls, reports, correspondence with various law enforcement agencies & insurance companies and assess and collect fees for reports and various fees. ■ Assists the Finance Department in support of daily finance activities including: audit preparation and coordinating, utilities, payroll and general office duties. ■ Enters journal entries. ■ Coordinate and organize annual Medina Celebration Day event. ■ Operates office equipment to perform copying, binding, mailing, emailing and other office skills. ■ Quality of services performed meets required standards for neatness, accuracy, and completeness. ■ Ability to work under pressure and meet required deadlines and schedules. ■ Anticipates work needs and prepares in advance. ■ Maintains a pleasant, tactful and courteous manner in dealing with both the public and City staff. City Council Approved September 1, 2015 City of Medina Position Description TRANSCRIPTIONIST/FINANCE CLERK ■ Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. ■ Performs other duties as delegated by supervisor or apparent. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES: ■ Knowledge of bookkeeping terminology, methods, procedures and equipment. ■ Ability to understand and follow oral and written directions. ■ Ability to perform mathematical computations with speed and accuracy. ■ Establish and maintain effective working relationships with associates and the general public. ■ Knowledge of, and skill in, the correct use of English in business writing. ■ Knowledge of guidelines and practices related to records retention. ■ Knowledge of data privacy and open meetings law requirements. ■ Skill to communicate with a variety of individuals and handle a variety of customer service situations. ■ Ability to work independently and plan, organize and prioritize work tasks. ■ Ability to prepare work results with completeness and accuracy. ■ Ability to handle multiple ongoing tasks and complete work in a timely manner. MINIMUM QUALIFICATIONS ■ High school diploma or equivalent ■ Excellent 10-key, keyboard and computer skills. ■ Ability to type accurately at 65 wpm and have working knowledge of personal computers, word processing typewriters, and word processing software and transcription/dictation equipment. ■ Ability to use judgment to recognize, trace and correct errors in accounting entries. DESIRABLE QUALIFICATIONS ■ Two year degree in administrative assistant, accounting or related field and two years of related work experience. ■ Working knowledge of laws, rules and regulations related to City financial management. ■ Experience in working with municipal database programs, including Banyon Data Systems (BDS). WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to training, local bank, and other City property. Generally, the position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job. City Council Approved September 1, 2015 City of Medina Position Description ASSISTANT CITY ADMINISTRATOR/CITY CLERK Agenda Item # 5C Position Title: Assistant City Administrator/City Pay Grade: Step 5-6, DOQ Clerk FLSA Status: NON-EXEMPT Department: Administration Work Status: Full-time Supervisor's Title: City Administrator PRIMARY OBJECTIVE OF POSITION Serves as the City Clerk and performs intermediate skilled administrative support work for the City Administrator and the City Council in order to facilitate the operation of the government. Coordinates state and local elections, serves as Responsible Authority for data retention and requests, administers employee benefits, issues municipal licenses, responsible for records management, coordinates public relations efforts, acts as recycling coordinator and facilitates park and environmental planning. Work is performed under the general direction of the City Administrator. ESSENTIAL FUNCTIONS OF POSITION City Clerk ■ Administers oaths to all elected and appointed officials. ■ Maintains custody of minutes, resolutions, ordinances, agreements, policies, City Code and all official records and documents and prepare certified copies as requested. ■ Signs all official documents and serves as custodian of the official seal. ■ Notarizes documents for the public. ■ Serves as the Responsible Authority for Data Retention and responds to public data requests. Develops and maintains a comprehensive plan for utilization of records management principles in conjunction with current data privacy laws, including retention schedules, storage, historical documentation, and injuries, losses, and claims. ■ Publishes all legal notices for the City Council as required by law or ordinance. Coordinates notifying property owners of public hearings as per applicable State and Local Laws. ■ Coordinates state and local elections including preparing notices, arranging for printing of City ballots and materials, recruitment of judges, election training, staffing polling sites, candidate filing, campaign finance reporting, and administering absentee ballots. ■ Oversees the municipal licensing process, including the processing of applications and renewals, collection of fees and review of violations. Recommends Changes to licensing ordinances, as appropriate. Issues various municipal licenses and permits including but not limited to solicitor permits, special event permits, tobacco licenses, liquor licenses and private kennel licenses. ■ Monitors legislative issues and actions affecting elections, licensing, data practices, records management, and human resources and implements any necessary changes to city practices. ■ Attends meetings as needed and provides staff support including recording minutes. ■ Oversees and assembles City Council packets including agendas, minutes, memorandums and attachments. ■ Provides verbal, written, or electronic correspondence to consultants and colleagues. ■ Creates, updates, implements and audits procedures and policies for the administration department. ■ Reviews policies and city code on a regular basis for compliance and relevance and makes recommendations accordingly. Assistant City Administrator ■ Coordinates various human resource functions such as administering employee benefits and required notices, implementing personnel policies, hiring processes, and reporting requirements. ■ Maintains personnel files, while being aware of the data privacy act. ■ Maintains the distribution of the City of Medina's Personnel Policies to all employees. ■ Serves on the Safety Committee and coordinates OSHA forms, first reports of injury, and workers compensation claims City Council Approved: September 1, 2015 City of Medina Position Description ASSISTANT CITY ADMINISTRATOR/CITY CLERK ■ Acts as secondary public relations representative before various outside entities in the absence of the City Administrator. ■ Attends Chamber of Commerce meetings and business events and acts as resource to local businesses. ■ Acts as Editor of the Medina Message newsletter and oversees the creation, printing, and distribution of the Medina Message and intra-office newsletters. ■ Promotes and notifies the public of upcoming events, meetings and other city news. ■ Creates and maintains the entire city website with current events, announcements, and current information for residents and businesses. ■ Plans and coordinates community events and intra-office functions. ■ Acts as the City's primary IT and communications contact and facilitates trouble -shooting or other system errors with City's contracted consultant. ■ Assists in coding bills and annual budget planning for various administration department accounts. ■ Ensures collection and retention of all letters of credit, certificates of insurance, and payment and performance bonds. ■ Maintains address database of all Medina residents and businesses. Parks & Environment ■ Acts as Recycling Coordinator for the City by attending quarterly Hennepin County meetings, compiling tonnage reports, applying for annual SCORE funds, and responding to public concerns. ■ Acts as City liaison for the Hamel Community Building; communicates with the Hamel Lions. Works at keeping the operating agreement and rental agreements current. Answers questions by the general public relating to the community building. ■ Prepares and coordinates materials for the Park Commission and maintains minutes and files. ■ Facilitates park and environmental improvements and planning efforts. ■ Coordinates the rental of various park facilities and athletic association contracts. Miscellaneous ■ Provides information and assistance to the public, City Council and City staff on issues regarding records management, data practices, elections, licensing, city code, human resources, communications, recycling, parks and other general city information. ■ Perform all other necessary duties as apparent or assigned. OTHER DUTIES AND RESPONSIBILITIES ■ Facilitates work with city interns or part-time employees under guidance of supervisor. ■ Performs other duties as delegated by supervisor or apparent. ■ Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. ■ Represents the City of Medina in a tactful manner that commands respect of the public, contractors, developers and others. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SHILLS, AND ABILITIES: ■ Knowledge of general municipal operations, City policies and procedures. ■ Knowledge of City Council processes. ■ Knowledge of, and skill in, the correct use of English in business writing. ■ Knowledge of guidelines/practices related to records retention. ■ Knowledge of data privacy and open meetings law requirements. ■ Knowledge of Minnesota election laws. ■ Knowledge of human resource compliance laws. ■ Skill to communicate with a variety of individuals and handle a variety of customer service situations. City Council Approved: September 1, 2015 City of Medina Position Description ASSISTANT CITY ADMINISTRATOR/CITY CLERK ■ Skills in the operation of computers and pertinent software packages. ■ Ability to handle detail and follow through in the completion of projects. ■ Ability to establish and maintain effective working relationships with elected officials, City employees, and the public. ■ Ability to work independently and plan, organize and prioritize work tasks. ■ Ability to prepare work results with completeness and accuracy. ■ Ability to handle interruptions and concentrate on the task at hand. ■ Ability to handle multiple ongoing tasks and complete work in a timely manner. ■ Ability to occasionally lift, move and/or carry files, deliveries, and storage boxes. ■ Ability to use various office equipment. Machines, tools, and equipment used: City or personal vehicles, computers, calculator, copier, fax, scanners, postage machine, multi -line phone system, election equipment, and various other office tools/equipment. Ability to operate general Microsoft applications and other municipal software programs. MINIMUM QUALIFICATIONS ■ Bachelors degree in Office Administration, Public Administration, Business Administration, Community Development, Public Relations or related field. ■ Three -years of increasingly responsible experience in a local government setting involving general administration, facilitating/managing projects, processing technical documents, and public relations. ■ Minnesota Municipal Clerks Institute training and certification or the ability to acquire within three years of hire. ■ Experience coordinating elections. ■ Valid Class D driver's license in the State of Minnesota DESIRABLE QUALIFICATIONS ■ Previous experience as a Municipal Clerk. ■ Previous experience in communications and graphic design. ■ Previous experience in human resource functions. WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to meetings, training, conferences and site visits to other City property. Generally, the position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job. City Council Approved: September 1, 2015 Agenda Item # 5D September 1, 2015 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, Bob Mitchell Mayor Agenda Item # 5E Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015- RESOLUTION ACCEPTING RESIGNATION OF JACQUEL NISSEN WHEREAS, Jacquel Nissen is currently employed as a part-time temporary planning office assistant by the city of Medina; and WHEREAS, on August 21, 2015, Jacquel Nissen submitted a letter of resignation from her position addressed to the city; and WHEREAS, Jacquel Nissen's resignation from her position shall become effective immediately. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Jacquel Nissen's letter of resignation is hereby accepted. Dated: September 1, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator - Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- September 1, 2015 Jodi Gallup From: Nissen, Jacquel R. <niss5585@stthomas.edu> Sent: Friday, August 21, 2015 9:22 AM To: Jodi Gallup Subject: Resignition Dear Medina City Employees: I am resigning my position to return on September 9, 2015. Due to relocation of my living situation, and fall schedule school circumstances, a return is no longer a practical option. I am disappointed as I was looking forward to returning. When I finish school in 2 years I would like the opportunity to consider any open positions you may have at that time. Thank you for the opportunities you have given me, they provided a very positive impact in my education and real world life experiences. Best of luck to all of you, I will miss you. Sincerely, Jacquel Nissen 1 City of Medina Position Description OFFICE ASSISTANT Agenda Item # 5F Position Title: Office Assistant Department: Planning Supervisor's Title: City Planner Pay Grade: $15.00 — Grade 1, DOQ FLSA Status: NON-EXEMPT Work Status: Part-time PRIMARY OBJECTIVE OF POSITION Performs non -supervisory administrative work to support and assist the planning/building department. Primary responsibility is to convert City records to electronic format utilizing scanner and Laserfiche software. Position will also provide general administrative and clerical support for the Planning Department. ESSENTIAL FUNCTIONS OF POSITION ■ Performs administrative and clerical duties for the Planning and Building departments. ■ Scan paper records into electronic format, create and organize electronic records management system using Laserfiche software. OTHER DUTIES AND RESPONSIBILITIES ■ Receives telephone calls and either personally responds or refers to appropriate person. ■ Performs other duties as delegated by supervisor or apparent. ■ Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SHILLS, AND ABILITIES ■ Ability to perform administrative work such as typing, data entry, filing, etc. ■ Ability to produce timely work products with completeness and accuracy. ■ Ability to establish effective work relationships and communicate (verbally and in writing) with other employees and the general public with courtesy and an appropriate degree of tact. ■ Ability to understand and follow verbal and written instructions. ■ Ability to organize assignments, prioritize tasks and independently complete work in a timely manner including during stressful situations and under deadlines. ■ Knowledge of the City's operations and structure. ■ Knowledge of office and secretarial standards and practices. ■ Knowledge of proper spelling, business English, grammar, and basic legal terminology. Machines, tools, and equipment used: Computer, copier, scanner, telephone, and calculator. MINIMUM REQUIREMENTS ■ High school diploma or equivalent. ■ Working knowledge of personal computers, Microsoft Windows, and Microsoft Office programs. DESIRABLE QUALIFICATIONS ■ Experience with Laserfiche or similar software ■ Previous administrative experience in a municipal planning or building department or comparable public agency. WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to meetings and training. Generally, the position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job. City Council Approved: Agenda Item # 7A 1 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015- RESOLUTION APPROVING PROPOSED TAX LEVY FOR 2016 WHEREAS, the State of Minnesota has adopted legislation, which requires all municipalities to pass a resolution adopting a preliminary budget and certifying the total proposed tax levy amount to the County Auditor prior to September 30, 2015; and WHEREAS, it is the desire of the City of Medina, Minnesota, to comply with this law and submit a proposed property tax levy including general operating and debt levies; and NOW THEREFORE, BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following sums of money be proposed for 2016 upon the taxable property in the City of Medina, for the following purposes: To raise $3,043,667 as adequate revenue for the general fund operating budget, $570,482 as adequate revenue for debt service, and $134,500 for capital equipment. General Fund $3,043,667 Capital Equipment $ 134,500 Debt Service: 2010A G.O. Improvement Bonds $ 29,500 2011A G.O. Bonds $ 13,000 2011B Taxable G.O. Improvement Bonds $ 56,000 2012A G.O. CIP Bonds $ 248,325 2013A G.O. Refunding Bonds $ 130,137 2015A G.O. Improvement Bonds $ 93,520 Total Levy: $3,748,650 BE IT FURTHER RESOLVED, that the City Administrator, Scott T. Johnson, is hereby instructed to transmit a certified copy of this resolution to the county auditor of Hennepin County, Minnesota. Date: September 1, 2015. Bob Mitchell., Mayor ATTEST: Scott T. Johnson, City Administrator -Clerk Resolution No. 2015- September 1, 2015 The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015- 2 September 1, 2015 Agenda Item # 7A2 Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-xx RESOLUTION APPROVING PROPOSED GENERAL FUND BUDGET FOR 2016 BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following sums of money be proposed for the 2016 General Fund budget: Revenues Expenditures General Fund $4,251,952 $4,251,952 Date: September 1, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item # 7A3 Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-xx RESOLUTION REDUCING DEBT SERVICE TAX LEVIES FOR 2016 WHEREAS, Hennepin County maintains a bond register with the City's scheduled bonded debt levies for taxes payable in 2016, and requests a City resolution canceling the debt levy if the City does not levy the scheduled amounts; and WHEREAS, the City has determined that specific debt levies may be partially reduced due to the accumulation and projection of other revenue sources, including previously collected tax levies, previously collected and future projected special assessments, and utility fund contributions; and NOW THEREFORE, BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following reductions of debt service levies be made for taxes payable in 2016: Scheduled Proposed Reduction Levy Levy To Levy Debt Service: 2010A G.O. Improvement Bonds $ 42,465 $ 29,500 $ 12,965 2011A G.O. Bonds $ 17,309 $ 13,000 $ 4,309 2011B Taxable G.O. Improvement Bonds $ 84,416 $ 56,000 $ 28,416 2012A G.O. Capital Improvement Plan Bonds $ 310,406 $ 248,325 $ 62,081 2013A G.O. Refunding Bonds $ 162,671 $ 130,137 $ 32,534 BE IT FURTHER RESOLVED, that the City Administrator, Scott T. Johnson, is hereby instructed to transmit a certified copy of this resolution to the county auditor of Hennepin County, Minnesota. Date: September 1, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 27, 2015 MEETING: September 1, 2015 City Council SUBJ: Ordinance Amendment — Deck Upland Buffer Setbacks Background The City Council briefly considered the proposed amendment to the City's wetland protection ordinance at the August 18 meeting. The proposed amendment would reduce the required setback for decks from 15 feet to 10 feet. The staff report from the August 18 meeting is attached for reference, as is the proposed ordinance amendment. At the August 18 meeting, City Council members asked for some examples of situations where the required setback was creating difficulties. Each property is slightly different based upon the size of the lot, the size of the home, and the desired size of deck. As a result, it is difficult to provide "common" examples. For simplicity, staff pulled the surveys for the three Enclave property owners who have expressed the most interest in the proposed amendments. Examples Staff looked at three examples in the Enclave at Medina subdivision which have been the most involved with the requested amendment. These surveys are attached for reference. The site which was most constrained had between 8'-12' of space behind the home to the required 15' wetland buffer setback. The home on this lot was also the least deep, with 36 feet. The other two examples included deeper homes (46 and 54 feet) and have depths to the buffer setbacks of 10'-19' and 12'-18' respectively. Additionally, staff has determined that the wetland buffer adjacent to these two properties was not averaged during the initial development. As such, there is flexibility to narrow the buffer along a portion of the property and widen it for the remainder to the lot. Planning Commission Recommendation The Planning Commission recommended 5-1 that the City not amend the ordinance as requested. Attachment 1. August 18 Staff Report 2. Draft Ordinance 3. Resolution authorizing publication by title and summary 4. Example surveys Ordinance Amendment Page 1 of 1 September 1, 2015 Deck Upland Buffer Setbacks City Council Meeting Agenda Item # 8A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 12, 2015 MEETING: August 18, 2015 City Council SUBJ: Ordinance Amendment — Deck Upland Buffer Setbacks Background The City's wetland protection ordinance requires that vegetative buffers be established adjacent to wetlands in new developments. The purpose of these buffers is to "protect the wetland from erosion and filter sediment, chemicals and other nutrients from the runoff that drains into the Wetland. An Upland Buffer also provides wildlife habitat and assists in maintaining diversity of both plant and animal species within the city." The wetland protection ordinance also requires that structures be set back an additional distance beyond the buffer. Principal structures are required to be 15 feet from the buffer, and accessory structures are required to be 5 feet. The purpose of the setback is to provide a space outside of the buffer for outdoor activities. This is meant to reduce the likelihood that a property owner will violate and impact the buffer in order to allow for typical outdoor activities. There are a number of homes within the Enclave neighborhood which back onto wetland areas which had houses constructed which left comparatively little space for construction of decks. A number of these owners have expressed concerns to staff that they could not construct the deck that they desired. A number of the owners inquired about variances to allow for the decks. Staff believes that the circumstance is not unique and is, in fact, fairly common. As a result, staff did not believe a series of variances was appropriate. Instead, staff suggested that the owners request that the Planning Commission and City Council review the regulation. One of the owners formally applied for an amendment to the wetland protection ordinance which would reduce the required setback for a deck to 5 feet (the same as an accessory structure). The owner spoke at a City Council meeting. Because so many owners had expressed an interest in the potential amendment, the Council directed staff to review rather than placing responsibility of the cost onto the owner. The Planning Commission reviewed the request to reduce the setback for decks to 5 feet at the July meeting and the Commission unanimously recommended against amending the ordinance. The interested resident from the Enclave inquired if the Commission would support a reduction to 10 feet. At the August meeting, the Commission voted 5-1 against reducing the setback to 10 feet. Minutes from these Commission discussions are attached. Ordinance Amendment Page 1 of 2 August 18, 2015 Deck Upland Buffer Setbacks City Council Meeting Analysis As noted above, staff believes the intent of the setback is to provide a space outside of the buffer for outdoor activities and to reduce the likelihood of impacts into the buffer. The purpose is not to limit hardcover adjacent to the buffer, as evidenced by the fact that accessory structures have a reduced setback of 5 feet and improvements such as a patio would not require a setback at all. Allowing a reduced setback for uncovered decks from wetland buffers may result in situations where a property owner looks to convert or replace the deck with a 3- or 4-season porch, but this would not be permitted because of the setback. In fact, at least one resident of the Enclave has already stated that they would be interested in a 3-season porch rather than a deck. Not having to make a distinction between a deck, 3-season porch, 4-season porch, or a full addition onto the house is one of the benefits of having a consistent setback requirement. Despite the argument for consistency, staff feels the more limited amendment for decks would be preferable to reducing the setback for all structures. Upland buffers have only recently began to be established and staff does not have information to rely on to determine if larger setbacks reduce impacts to the buffers. The amendment, as proposed, would allow certain lots a much larger building envelope for a deck than would be currently permitted. Staff considered more complicated alternatives which would only permit a certain area or % of the 15-foot setback to be encroached upon. This would allow some additional flexibility for decks while maintaining more ground space. Staff could look into such regulations further, but have some concern about being difficult to administer on a case -by -case basis across the City. Attachment 1. Draft Ordinance 2. Resolution Authorizing Publication of the Ordinance by Title and Summary 3. Excerpt from July 14, 2015 Planning Commission meeting 4. Excerpt from DRAFT August 11, 2015 Planning Commission meeting 5. Letter from person requesting amendment 6. List of property owners supporting amendment Ordinance Amendment Page 2 of 2 August 18, 2015 Deck Upland Buffer Setbacks City Council Meeting CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING SETBACKS FOR DECKS FROM UPLAND BUFFERS AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 828.43, Subd. 5. of the code of ordinances of the city of Medina is amended by adding the underlined language as follows: Section 828.43. Wetlands Conservation. Subd. 5. Upland Buffer Zone and Required Buffer Setbacks. (a) If a new development activity, as defined in subdivision 3(c)(i) of this section, is proposed, the following Upland Buffer Zone and Buffer Setbacks shall be required for each Wetland, or portion of Wetland, within the subject property. In the event that zoning district regulations differ from the following table, the standards or procedures described within the zoning district regulations shall be required: Wetland Classification Upland Buffer Zone Average Width Minimum Buffer Setback (Principal Structure)* Buffer Setback (Accessory Structure) Upland Buffer Zone Width Preserve (at least partly within or adjacent to a DNR Mapped Area) 50 feet 30 feet 15 feet 5 feet All Other Preserve 35 feet 25 feet 15 feet 5 feet Manage 1 30 feet 20 feet 15 feet 5 feet Manage 2 25 feet 20 feet 15 feet 5 feet Manage 3 20 feet 15 feet 15 feet 5 feet * Uncovered decks and uncovered porches attached to the principal structure may extend into the required setback, but shall be setback a minimum of 10 feet from the Upland Buffer. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2015. Bob Mitchell, Mayor Attest: Scott T. Johnson, City Administrator -Clerk Published in the Crow River News on the day of , 2015. Member _ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ### an ordinance regarding setbacks for decks from upland buffers, amending chapter 8 of the city code; and WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is two pages in length and contains a table; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. ###, an ordinance regarding setbacks for decks from upland buffers. The ordinance establishes a reduced setback requirement of 10 feet for decks from upland buffers. The current setback is 15 feet for the principal structure and decks. The full text of Ordinance No. ### is available from the city administrator -clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Resolution No. 2015-## August 18, 2015 Dated: August 18, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-## 2 August 18, 2015 Eto v. coo O Paz, 0 co �kc42/ c; v 0 a v ENHCMARK °A° ,TNH ELEV=1012.95', I I n n I V \\ 1 r i EAST 122.29 —90fS— '9'r.94 1014.60 \ 111.66 / '136.0 in m N. 0 O 4 4 z000 XmF-0 w SURVEY LEGEND 9. WEST 150.05 Q CAST IRON MONUMENT SI CATCH BASIN tx1 GATE VALVE *Cr HYDRANT O IRON PIPE SET • IRON PIPE FOUND © SANITARY MANHOLE ,972.5 GROUND ELEVATION ® STORM DRAIN CO STORM MANHOLE ID ELECTRIC TRANSFORMER 0 TREE DECIDUOUS Ql TELEPHONE PEDESTAL ® UTILITY PEDESTAL (o00.0) NnA) 4o BITUMINOUS CONCRETE SEWER SERVICE ELEVATION PROPOSED ELEVATION PROPOSED SILT FENCE CONCRETE CURB > SANITARY SEWER > STORM SEWER t t I I II 1 DIRECTION OF SURFACE DRAINAGE — I —WATERMAIN CONTOUR EXISTING com SANITARY SEWER ELEVATION CONTOUR PROPOSED (9725) PROPOSED ELEVATION 1` i r t 1 O O n CO S00°08' 19"E x 972.5 FOUNDATION AS —BUILT ELEVATION X972.5 GRADING ASBUILT ELEVATION ® DENOTES SUMP PUMP NOTES: 1.) Existing utilities shown are shown In an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. He agrees to be fully responsible for any and all damages arising out of his failure to exactly locate and preserve any and all existing utiktes. 2.) Must maintain a minimum 2% slope gradient to accommodate positive drainage. 3.) All offset Irons are measured to hundredths of a foot and can be used as benchmarks. 4.) The proposed driveway shown is conceptual only and does not purport to show exactly how the driveway shall be built 5.) A title opinion was not fumished to the surveyor. 6.) Proposed grades shown adjacent to building foundation refers to top of black dirt 7.) Benchmark: TNN A @ Lot 5, Block 1, The Enclave at Medina = 1012.95 Feet Development Plan Data - FB Garage Floor Eievation Basement Floor Elevation Proposed Elevations Proposed Garage Floor Elevation Proposed Top of Foundation Elevation Proposed Basement Floor Elevation Setbacks R 2 Min. Front Yard Setback = 30' GARAGE, 25' LIVING Min. Side Yard Setback = 5' MIN, 10' TOTAL Min. rear Yard Setback = 25' =1015.5 = 1007.8 Hardcover Lot Are _ House Area = Driveway Area = Sidewalk Area = Stoop Area = Total Impervious Surface = Coverage = 34.9 % 9,369 S.F. 1,715 S.F. 1,392 S.F. 30 S.F. 136 S.F. 3,273 S.F. Asbuilt Elevations Asbuilt Garage Floor Elevation Asbuift Top of Foundation Elevation Asbuilt Basement Floor Elevation Asbuilt First Floor Elevation = 1015.5 = 1015.8 = 1007.8 = 1015.6 = 1015.9 (Foundation Asbuilt) = 1007.9 (Foundation Asbuilt) = 1017.2 I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 8, Block 1, THE ENCLAVE AT MEDINA 5TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota and the Location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. as surveyed by me this 10th day of February, 2014. 9 j2 )e-/ 7-4.0 r- David B. Pemberton, PLS Minnesota License No. 40344 pemberton@sathre.com JOB #: 5046-691 FIELD CREW: RS DRAWN BY: MNK REVISIONS FOUNDATION AS -BUILT 03-24-14 EMW GRADING ASBUILT 08 29-14 EMW CHECKED BY: DBP DATE: 02-06-14 SATHRE-BERGQU1ST, INC. 6, 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476-8000 P� P�- CERTIFICATE OF SURVEY PREPARED FOR LENNAR OF MINNESOTA 3374 BUTTERNUT DRIVE CITY OF MEDINA, MINNESOTA GRADING ASBUILT 20 10 0 10 20 40 SCALE IN FEET 30 15 0 15 30 60 SCALE IN FEET W 10 F- 0 Z W i i / A �! \c-) ASBUILT ELEVATIONS ASBUILT GARAGE FLOOR ELEVATION =1010e ASBUILT TOP OF FOUNDATION ELEVATION = 1010.9 (FOUNDATION ASBUILT) ASBUILT BASEMENT FLOOR ELEVATION = 1003.9 (FOUNDATION ASBUILT) ASBUILT FIRST FLOOR ELEVATION = 1013.0 ® DENOTES WETLAND BUFFER POST ® DENOTES SUMP PUMP i 1 1 II I i 1,0_, _ ;- 1i ZI I i It-r-I Ni 1 ,_ I �, I� !l I I L _I I s i vsS7s .(PO (Pe\ ! HOUSE" OFF 1011.0 I :F'CNow 1011.3 BF.. 1003.5 I S82'49'01087, 26.37TREE s) 582' DRIVEWAY WIDTH MAX. WIDTH AT PROPERTY LINE= 28' MAX. WIDTH AT CURB = 24' V DEVELOPMENT PLAN DATA - FB GARAGE FLOOR ELEVATION=1010.2 TOP OF FOUNDATION ELEVATION =1011.5 BASEMENT FLOOR ELEVATION = 1003,5 PROPOSED ELEVATIONS PROPOSED GARAGE FLOOR ELEVATION =1010.5 (1' DROP) PROPOSED TOP OF FOUNDATION ELEVATION = 1011.5 PROPOSED BASEMENT FLOOR ELEVATION 2 1003,5 i 70.35 2104"V4 85.14 A �r r---- BF 1004.3 I$7 1012.3 3F 1011.0 L_ �trc�asu TNHELEV.=141�rr60 07 J SETBACKS R2 MIN. FRONT YARD SETBACK = 25' LIVING, 30' GARAGE MIN. SIDE YARD SETBACK = 5' MIN, 15' TOTAL MIN, REAR YARD SETBACK = 25' DENOTES ASBUILT CONTOUR n 1 1"T-1 nT r VVIL.tJI L� WETLAND NWL 1002.00 HY& 1003.9 01 co • N 1l 2$ 0 _ 1O 41 1 r `•I BF 1000.8 flu :F' 1010.8 OF 10133 HARDCOVER LOT AREA = 8,912 S.F. HOUSE AREA= 2,075 S.F. DRIVEWAY AREA=1,149 S.F. SIDEWALK AREA= 38 S.F. STOOP AREA=165 S.F. 1 s 1 TOTAL IMPERVIOUS AREA= 3,427 S.F. COVERAGE = 38.5% N. BF 1005.8 tV u :F 1016.8 3F 1016.5 ZONING DISTRICT: R2 LEGEND DENOTES SANITARY MANHOLE DENOTES HYDRANT DENOTES CATCH BASIN DENOTES STORM MANHOLE DENOTES STORM APRON DENOTES SET IRON MONUMENT DENOTES FOUND IRON MONUMENT x 000.0 DENOTES EXISTING ELEVATION (000.0) DENOTES PROPOSED ELEVATION DENOTES DIRECTION OF SURFACE DRAINAGE DENOTES SANITARY SEWER SERVICE ELEVATION �\0 NORTH 0 DENOTES 2.5" DECIDUOUS TREE X 000.0 DENOTES ASBUILT SPOT ELEVATION X 000.0 DENOTES ASBUILT FOUNDATION ELEVATION r=4=4=, DENOTES PROPOSED RETAINING WALL NOTES: 1.) EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANYAND ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. 2.) MUST MAINTAIN A MINIMUM 2% SLOPE GRADIENT TO ACCOMMODATE POSITIVE DRAINAGE. 3.) ALL OFFSET IRONS ARE MEASURED TO HUNDREDTHS OF FOOT AND CAN BE USED AS BENCHMARKS. 4.) THE PROPOSED DRIVEWAY SHOWN IS CONCEPTUAL ONLY AND DOES NOT PURPORT TO SHOW EXACTLY HOW THE DRIVEWAY SHALL BE BUILT. DRIVEWAY SHALL NOT ENCROACH INTO THE DRAINAGE AND UTILITY EASEMENT. 5.) A TITLE OPINION WAS NOT FURNISHED TO THE SURVEYOR. 6.) PROPOSED GRADES SHOWN ADJACENT TO BUILDING FOUNDATION REFERS TO TOP OF BLACK DIRT. 7.) BENCHMARK: "A" TNH LOT 2/3, BLOCK 2, THE ENCLAVE AT MEDINA 2ND ADDITION=1009.61 FEET "B" TNH © LOT 4, BLOCK 2, THE ENCLAVE AT MEDINA 2ND ADDITION =1010.37 FEET I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 3, BLOCK 2, THE ENCLAVE AT MEDINA 2ND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA AND THE PROPOSED BUILDING TO BE CONSTRUCTED AND OTHER 1MPROj/EMENTS,t,,S PROVIDED TO ME THIS 28TH DAY OF MAY, 2013, David B. Pemberton, Professional Land Surveyor Minnesota License No, 40344 a J 5 co co Q z 0 CITY OF MEDINA, MINNESOTA DRAW/CHECK JJA/DBP DATE 02/08/13 BOOK/PAGE NA JOB NO. 5046-511 DWG. NAME GAB 5040.511 , mac• ta-t 64- friNosIC.- ule - Alt Cuix10 at ek ;e'` Accx-6nban ® STORM DRAIN ® CATCH BASIN DI GATE VALVE i7 HYDRANT 0 IRON PIPE SET • IRON PIPE FOUND ) SANITARY MANHOLE i i Z ROCK --- ENTRANCE I /1T •') 4-V 1 r- EXISTING WO GF - 1017.5 TF - 1017.8 BF - 1009.8 x 1008.9 a WEST 132.35 (10�1p4'�.It-2�0 n T aa� 54.0 . j+fl\ .. 0 gos s. lct2 se _ i - - Oi5.0 r) PROPOSED WALKOUT 'n WESTON "D" 6.0 3126 BUTTERNUT DRIVE 2.0 � 34.5 i 3014. ` BENCHMARK "A' ,TNH ELEV= 1018 56', .9725 GROUND ELEVATION 0 EXISITNG TREE 0 PROPOSED TREE * PROPOSED TREE (1) TELEPHONE PEDESTAL © UTILITY PEDESTAL --f-- CONTOUR EXISTING 0 SURVEY LEGEND l• • '1 5410 �iri i IOW n EoST �27�4 / r 45, 1014.0 / T 1 .V .,T 'I'QQa,Q L1 • PROPOSED WO GF - 1017.0 TF - 1017.3 BF - 1009.3 BITUMINOUS CONCRETE POSSIBLE WET AREAS (000.0) SEWER SERVICE ELEVATION (9725) PROPOSED ELEVATION �- DIRECTION OF SURFACE DRAINAGE ram- CONTOUR PROPOSED x1008t° C. 88 (08 17.30- - - - PROPOSED SILT FENCE CONCRETE CURB >-SANITARY SEWER » STORM SEWER I - WATERMAIN {�11 >= 1 SP 1007.4 WETLAND BUFFER POST SUMP PUMP fND IP 1 1007 38 7t 100 100 0 looe.l )1008 0 N A", MAND 4,4V% - 1007.1 Vt1t' - 1007.4 NOTICE rr ',Erosion Control Ins ' done rior to excavation J Contact: Jack Gleason Phone: 612-4c4m 429 Email: }ack.gleason@ •edina.mn.us don_ must be EROSION CONTROL Prior to start of work & during construction, contractor must maintain the followin Rock entrance Silt fencing Inlet protection around catch basins Streets shall be .kept clean & swept daily Offset Irons (elevations are to the top of pipe) OS #1 = 1014.70 OS #3= 1009.36 OS #2= 1008.72 OS #4= 1016.08 ' NOTES: 1.) Existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. He agrees to be fully responsible for any and all damages arising out of his failure to exactly locate and preserve any and all existing utilities. 2.) Must maintain a minimum 2% slope gradient to accommodate positive drainage. 3.) All offset irons are measured to hundredths of a foot and can be used as benchmarks. 4.) The proposed driveway shown is conceptual only and does not purport to show exactly how the driveway shall be built. 5.) A title opinion was not furnished to the surveyor. 6.) Proposed grades shown adjacent to building foundation refers to top of black dirt. 7.) Benchmark: "A" THN @ Lot 3/4 , Block 2, THE ENCLAVE AT MEDINA 3RD ADDITION = 1018.56 Feet "B" THN @ Lot 1, Block 1, THE ENCLAVE AT MEDINA 2ND ADDITION = 1014.24 Feet Development Plan Data - WO Garage Floor Elevation Basement Floor Elevation =1017.0 = 1009.3 Proposed Elevations Proposed Garage Floor Elevation Proposed Top of Foundation Elevation Proposed Basement Floor Elevation = 1017.5 = 1017.8 = 1009.8 Setbacks R-1 Min. Front Yard Setback = 25' Living, 30' Garage Min. Side Yard Setback =10' Min, 25' Total Min. Rear Yard Setback =25' Hardcover Lot Area = 11,677 S.F. House Area = 3,142 S.F. Driveway Area = 1,170 S.F. Sidealk Area = 22 S.F. Stoop Area = 55 S.F. Porch Area = 168 S.F. Total Area = 4,557 S.F. Coverage = 39% R2 MAX 50% I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 3, Block 2, THE ENCLAVE AT MEDINA 3RD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota and the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land, as surveyed by me this 1st day of December, 2014. David B. Pemberton, PLS pemberton@sathre.com Minnesota License No. 40344 JOB #: 5046-914 REVISIONS FIELD CREW:DH,GH DRAWN BY: BRV CHECKED BY: DBP DATE:11-25-14 SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952)476-6000 CERTIFICATE OF SURVEY PREPARED FOR LENNAR OF MINNESOTA 3126 BUTTERNUT DRIVE CITY OF MEDINA, MINNESOTA 30 15 0 15 30 60 . :MI 11•1 t �� SCALE IN FEET Agenda Item # 8B MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 27, 2015 MEETING: September 1, 2015 City Council SUBJ: Sewer and Water Connection Fee Policy — Fee Schedule Amendment Background At the August 18, 2015 worksession, the City Council discussed the City's sewer and water connection fees. The City's fees are higher than most neighboring communities because projected costs per unit for water production are significantly higher. The primary reasons for these higher costs are poor water supply availability in Medina as well as a smaller base over which to divide costs. The City has received a lot of feedback related to how the comparatively high fees put the City at a competitive disadvantage for commercial development and small business environment. At the worksession, the Council discussed adjusting the way in which the fees are charged in order to provide credits for small businesses moving into existing buildings in the City. In order to effectuate this practice, staff has drafted the attached amendment to the fee schedule and policy document. Ordinance Amendment The current fee schedule states that the City will utilize the Met Council SAC determination in order to establish how many units of sewer/water connection fees will be charged for commercial uses. The proposed amendment adds some flexibility to this practice, referencing that exceptions may be made to the SAC determination by City policy. Connection Fee Policy The attached draft policy describes exceptions for when the City will deviate from the Met Council determination. Consistent with the direction from the City Council at the August 18 worksession, the policy provides a credit of 2 SAC units for any new use moving into an existing space. Staff believes that this credit will result in a substantial reduction (if not waiver) of fees for most small businesses moving into existing spaces. This credit would not apply to new construction. In addition to the credit for new uses in existing building, staff included deviations from the Met Council determination which have been previously deemed appropriate by the Council. These include reductions for indoor auto showrooms (Indoor Auto) and a daycare center with catered meals (Goddard School). Sewer and Water Connection Fees Page 1 of 2 September 1, 2015 Policy and Fee Schedule City Council Meeting Finally, staff included a substantial reduction for restaurants (and a smaller reduction for bars and coffee shops which brings them into line with restaurants). Staff has consistently heard strong interest by residents, Commissioners, and Council members for expanded restaurant choices in the City. The current fee structure is a major disincentive for a new restaurant. The City fees would equate to $865 per seat in the restaurant or $3460 per table of 4. The proposed policy reduces the number of units (and thus, the fee) by 2/3. In the case of a 200 seat restaurant, this would reduce the fee (and revenue to the utility fund) from $173,000 to $60,550. Staff had originally included a calculation of 23 seats=l unit for restaurants. This would make a restaurant the same as a bar or coffee shop. The City Council may wish to discuss if this reduction is more appropriate. Potential Council Action If the City Council agrees with the proposed policy for the calculation of connection fees, the following motions would be in order: Motion to adopt the ordinance amending the City of Medina fee schedule. Motion to adopt the resolution authorizing publication of the ordinance by title and summary. Motion to approve Policy 21.10 related to Sewer and Water Connection Fees. Attachments 1. DRAFT ordinance amending fee schedule 2. Resolution authorizing publication by title and summary 3. DRAFT Policy 21.10 — Sewer and Water Connection Fees Sewer and Water Connection Fees Page 2 of 2 September 1, 2015 Policy and Fee Schedule City Council Meeting CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING THE CITY OF MEDINA FEE SCHEDULE The city council of the city of Medina ordains as follows: Section 1. The City of Medina schedule of fees and rates is hereby amended as depicted in Exhibit A, attached hereto. Section 2. This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this lst day of September, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator- Clerk Published in the South Crow River News this Ordinance No. ### September 1, 2015 day of , 2015. Exhibit A City of Medina Fee Schedule Effective January 1, 2015 (Amended 9/1/2015) Police Service Charge Accident/Police Report $.25/page ($5.00 minimum) Burning Permit (non-resident) $15.00 Burning Permit (resident) No Charge Dog Impounds $25.00 at Police office $50.00 at Strehler Farm plus $10.00 each additional calendar day Reserve Officer at event/per hour $25.00 Event Security (per officer/per hour) $70.00 and $85.00 on Holidays (3 hour minimum) Fingerprinting Resident & Employees $15.00 up to 3 cards, $5.00 each additional card. Non- residents $25.00 up to 3 cards, $5.00 each additional card. Fireworks Permit $50.00 Gambling Investigation Fee (annual) $50.00 Gambling Application for Exempt Permit $10.00 Gun Club license (annual) $50.00 Hunting Permit (non-resident) $25.00 Hunting Permit (resident) $15.00 Kennel License (City Council Review) $300 (deposit) + c.a.c. Kennel License (Administrative Review) $100.00 Kennel License (Waiver) $300 (deposit) + c.a.c. Letter of Conduct $15.00 Police False Alarm (first) No Charge Number of alarms within one calendar year Police False Alarm (second) $25.00 Police False Alarm (third) $50.00 Police False Alarm (fourth) $75.00 Police False Alarm (fifth and thereafter) $150.00 Vehicle Impound/Storage $10.00/day + towing fees Fire Service Charge Fire False Alarm (first) $100.00 Number of alarms within one calendar year Fire False Alarm (second) $150.00 Fire False Alarm (third) $200.00 Fire False Alarm (fourth and thereafter) $250.00 Post Fire Inspection $40.00 + c.a.c. Ordinance No. ### September 1, 2015 Public Works Service Charge Curb stop repair $250.00 (deposit) + c.a.c. Driveway Curb Cut Review $100.00 Driveway Waiver $500.00 Frozen/damaged meter repair $100.00 ROW Permit $100.00 Water disconnect/reconnect trip fee $65.00 Radio Transmitter $125.00 Water meter iPearl (1") + radio transmitter & meter horn $535.00 Water meter iPearl (3/4") + radio transmitter & meter horn $420.00 Water meter SRII (1") + radio transmitter & meter horn $556.00 All other meters (at cost) Trunk Connection Rates per living unit for residential; and, equivalent for commercial as determined by the Metropolitan Council SAC, except as may be amended by City policy. City may adjust number of units determined by Metropolitan Council if it deems it appropriate based on information provided. Service Charge Hamel Urban Service Area- Sewer $1,075.00 Hamel Urban Service Area- Water $7,575.00 Independence Beach Area- Sewer $4,410.00 Independence Beach Area- Water $4,410.00 Medina Morningside Area- Sewer $4,410.00 Medina Morningside Area- Water $4,410.00 Sewer Availability Charge (SAC) Fee As set by Metropolitan Council Maple Plain Service Area- Water Per Maple Plain Fee Schedule Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2015-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. #### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ### an ordinance amending the City of Medina fee schedule; and WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is two pages in length and contains a table; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. ###, an ordinance amending the City of Medina fee schedule. The ordinance amends the fee schedule related to how municipal sewer and water connection fees are determined. The fee schedule sets municipal connection fees based upon Metropolitan Council SAC determination, and the amendment allows deviations to the SAC determination as established by City policy. The full text of Ordinance No. ### is available from the city administrator -clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Resolution No. 2015-## September 1, 2015 Dated: September 1, 2015. Bob Mitchell, Mayor ATTEST: Scott T. Johnson, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-## 2 September 1, 2015 City of Medina Policy, Procedure and Program Manual 21.10 Sewer and Water Connection Fee Policy Purpose: To describe how City sewer and water connection fees are established for different uses in the City and to distribute uniformly the costs of public utility infrastructure improvements. Policy Statement: 1. The City of Medina will generally charge municipal sewer and water connection fees per unit based upon Metropolitan Council Sewer Availability Charge (SAC) determinations, except as described below. 2. The City may deviate from the SAC determination and charge a different number of sewer and water units in the following circumstances: a. Fees for the following uses shall be charged based upon the parameter described: i. Restaurant — 30 seats=l unit ii. Bar — 30 seats=l unit iii. Coffee shop — 30 seats=l unit iv. Daycare facility (all meals catered) — 2500 sq. ft.=1 unit v. Indoor auto sales showroom — 7000 sq. ft.=1 unit b. The City will grant credit for a new use in an existing building for which fees have previously been paid. In addition to any credit provided on the SAC determination, the City will grant an additional credit of 2 units. This additional credit shall not result in a determination less than zero, nor shall this additional credit be applied to the property in the future. c. In addition to those described in clause a. above, the number of units may be adjusted if evidence of actual sewer and water usage is submitted and the City determines that it is likely more accurate than the SAC determination. If the City reduces the sewer and water connection fees as a result of this evidence, the City may require an agreement with the applicant and/or property owner such that the full fee may be charged if actual sewer and water usage is greater than projected. Policy Approval: City Council approved on ##### 21.10 Sewer and Water Connection Fee Policy 1 September 1, 2015 Agenda Item # 9A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 26, 2015 MEETING: September 1, 2015 SUBJ: Willow Manor — Preliminary and Final Plat with Variance — 2782 Willow Drive (and property to east) — Public Hearing Review Deadline Complete Application Received: July 9, 2015 120-day Review Deadline: November 6, 2015 Overview of Request Robert Buehler has requested to plat an existing parcel into a single buildable parcel and an outlot. The applicant owns the western portion of the subject site and another party owns the eastern portion, even though the two portions of the site were created as a single parcel back in 1984. It appears likely that the two portions of the site were given their own PID for tax purposes back in 1984 because the western portion was taxed by Minnehaha Creek Watershed and the eastern portion was not. At some point, these two tax PIDs were conveyed to two separate buyers, despite the fact they were a single legal parcel. The applicant seeks City approval to plat the portion of the subject site that they own into a buildable parcel. The eastern portion would be an outlot which would not be buildable on its own. This eastern portion is owned by the adjacent owner to the south. The subject property is zoned Rural Residential (RR) and is guided Rural Residential in the Comprehensive Plan. Surrounding properties are all Rural Residential as well. No buildings are currently located on the subject property; a home and an accessory structure were previously demolished on the western portion of the site. A shared driveway is located through the northern portion of the site, currently serving three homes and a vacant lot. This shared driveway also previously served the home on the western portion of the subject site. The eastern portion of the lot is largely occupied by a private road easement on the north, east, and a wetland on the south. An aerial of the subject site can be found at the top of the following page. Analysis As noted above, the property is zoned Rural Residential (RR). The following table summarizes the dimensional standards of the district and the proposed Lot and Outlot. Willow Manor Page 1 of 6 September 1, 2015 Preliminary/Final Plat City Council Meeting PROPO >D OUTLOT Required Proposed Lot 1 Proposed Outlot A Minimum Lot Area (suitable soils) 5 acre contiguous suitable soils 3.52 acre suitable (-1.1 acre restricted by easement or drive) — 2 acre suitable (— 1 acre w/in road easement) Gross Lot Area N/A 4.04 acres 4.91 acres Minimum Lot Width 300 feet 748 feet 792 feet Minimum Lot Depth 200 feet 300 feet 200 feet Front Yard Setback 50 feet Rear Yard Setback 40 feet Side Yard Setback 20 feet Impervious Surfaces 40% 4.2% 5.6% Willow Manor Preliminary/Final Plat Page 2 of 6 September 1, 2015 City Council Meeting As noted above, the proposed lot would contain approximately 3.5 acres of contiguous suitable soils, less than the 5 acres required in the RR district. The proposed lot is also bisected by a private road easement (which currently does not contain a private road), a shared driveway serving property to the southeast, and a private driveway serving property to the east. These areas restrict the use of approximately 1.1 acres of the suitable soils. The applicant has requested the subdivision and has requested that the proposed lot be deemed buildable by the City. Because the proposed lot does not meet current standards, the applicant has requested a variance. The applicant argues that the requested subdivision would only result in a single buildable lot in the location where a lot was approved in 1984. It appears that the proposed lot would have met minimum lot standards on its own back in 1984, when the requirement was 2 acres of soils for a conventional septic system. The proposed outlot would not have met minimum lot standards, which is presumably why it was included along with the western portion. The applicant also argues that there was a house located on the western portion of the subject property when they purchased the land and that the City did not inform them that the portion they owned was part of a larger lot when they applied for a permit to demolish the home. At that time, the City was not aware of the fact, even when staff had conversations with the applicant about their desire to construct a new home on the western portion of the subject site. Staff recognizes that the applicant is in a difficult situation as a result of the actions of a previous property owner and has had numerous conversations with the applicant about options to move forward. Staff suggested the possibility of purchasing property to bring the lot into compliance. The applicant can speak to what extent they investigated such opportunities. Staff also discussed the subdivision/variance process as an option for the applicant. Wetlands/Floodplains There is a large wetland which extends along much of the southern portion of the site. There is also a small wetland in the central portion of the proposed lot. Staff recommends requiring upland buffers adjacent to the wetlands on the proposed lot. Staff does not believe it is necessary to establish buffers along the wetland on the outlot at this time. FEMA flood maps do not identify floodplains adjacent to wetlands on the site. Sewer/Water The proposed lot would be served by a private well and individual septic system. The applicant has identified a primary and secondary septic site for the proposed lot, which the building official indicated appeared sufficient. No sites are identified for the outlot since it would not be considered buildable on its own. Transportation A shared driveway currently serves the proposed lot, goes across the proposed outlot and serves an additional 4 lots. Staff recommends that the proposed lot continue to access the shared drive rather than having a separate driveway to Willow Drive. The home that was located on this portion of the lot utilized the shared driveway before it was demolished. Willow Manor Page 3 of 6 September 1, 2015 Preliminary/Final Plat City Council Meeting The shared drive does not appear to be located within the easement across the proposed lot. Staff recommends that an easement be provided under the existing driveway in order to ensure access for the properties to the east. The City Engineer does not believe the subdivision causes any transportation concerns. Stormwater and LID Review No improvements or hardcover is proposed at this time, and the stormwater management ordinance would not be triggered. Future construction may potentially require improvements. Tree Preservation There are few trees on the subject property. No initial site development is proposed which would impact any trees. Park Dedication The plat does not result in a net increase in the number of buildable lots, so park dedication is not required. Review Criteria Because the proposed lot does not meet minimum lot standards of the RR district, approval of the plat is contingent upon approval of the requested variance. As a result, staff recommends that the Planning Commission and City Council consider the variance request first. The applicant has requested a variance to reduce the minimum lot size of the proposed lot from 5 acres of contiguous suitable soils to 3.5 acres. Section 825.45, Subd. 2 establishes criteria by which the City reviews variance requests: (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficult to be established, all of the following criteria shall be met: (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality. A variance may only be approved if it meets all of the criteria noted above. If the City Council find that the variance criteria above have been met and that the variance should be approved, the plat would then be reviewed under the following criteria. Willow Manor Page 4 of 6 September 1, 2015 Preliminary/Final Plat City Council Meeting According to Subd. 10 of Section 820.21, the following criteria is to be followed when reviewing subdivisions. "The City shall deny approval of a preliminary or final plat if one or a combination of the following finding are made: (a) That the proposed subdivision is in conflict with the general and specific plans of the city, or that the proposed subdivision is premature, as defined in Section 820.28. (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way." Without approval of the variance, the proposed lot would not meet minimum lot size standards, as described in paragraph (c). As a result, without approval of the variance, the request for subdivision should be denied. Planning Commission Recommendation The Planning Commission reviewed at their August 11 meeting. The Commission split 3-3 on their recommendation. An excerpt from the draft meeting minutes are attached for reference. Two Commissioners did not find the variance consistent with the intent of the ordinance or the Comp Plan. One Commissioner was concerned that a new home without limitations on size may not be a reasonable use of the property and supported a condition to limit the size to the home that was previously located on the property. The Commissioners who supported the variance would not support this condition. On the other hand, three Commissioners supported the variance and plat with the conditions noted below. Staff recognizes the unfortunate situation the applicant is in and does not oppose the requested variance. If the City Council find the variance criteria have been satisfied, staff would recommend approval of the variance and preliminary/final plat subject to the following conditions: 1) The Applicant shall extinguish the portion of the private roadway easement bisecting proposed Lot 1, Block 1 and grant an easement to the satisfaction of the City over the existing driveways on the proposed lot. 2) Access for the proposed lot shall be provided from the existing shared driveway. 3) The Applicant shall establish upland buffers adjacent to the wetland on proposed Lot 1, Block 1, consistent with the City's wetland protection ordinance. This shall include planting of vegetation if necessary, signage, and easements. 4) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat and variance. Willow Manor Page 5 of 6 September 1, 2015 Preliminary/Final Plat City Council Meeting If the Council finds the criteria have been met, the following motion would be in order: Motion to direct staff to prepare a resolution approving the variance and plat subject to the conditions noted in the staff report. Attachments 1. Document List 2. Excerpt from DRAFT 8/11/2015 Planning Commission minutes 3. City Engineer comments dated 8/3/2015 4. Applicant Narrative 5. Preliminary Plat received by the City 8/4/2015 6. Final Plat Willow Manor Page 6 of 6 September 1, 2015 Preliminary/Final Plat City Council Meeting Project: LR-15-160 — Buehler/Harmel Plat and variance The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 5/7/2015 5/7/2015 3 Application Y Amended 07-09-2015 Fee 5/7/2015 5/7/2015 1 Fee Y $5000 Mailing Labels 6/2/2015 5/15/2015 6 Labels Y Narrative 6/2/2015 N/A 1 Narrative Y Narrative -Updated 8/22/2015 8/18/2015 3 Narrative-08-22-2015 N Includes aerial photo explanation Final Plat 5/8/2015 N/A 1 Final Plat Y Survey 5/8/2015 12/11/2014 1 Survey-5-8-2015 Y Preliminary Plat 6/15/2015 6/15/2015 1 PrelimPlat-06-15-2015 Y Preliminary Plat -updated 7/29/2015 7/14/2015 1 PrelimPlat-7-29-2015 Y Preliminary Plat -updated 8/4/2015 8/3/2015 1 PrelimPlat-8-4-2015 Y Preliminary Plat -updated 8/12/2015 8/12/2015 1 PrelimPlat-08-12-2015 N Title Commitment 6/2/2015 5/13/2015 8 TitleCommittment Y Septic tests/borings 7-9-2015 7-6-2015 15 SepticTests N Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineering Comments 8/3/2015 1 EngComments — 8/3/2015 Planning Commission report 8/6/2015 5 10 pages w/ attachments Public Comments Document Date # of pages Electronic Excerpt from Planning Commission meeting 8/11/2015 7 Medina Planning Commission Excerpt from DRAFT 8/11/2015 Meeting Minutes Robert Buehler — Preliminary Plat and Variance to Divide a Single Lot into a Lot and an Outlot Finke stated that this request requires two action items, a Preliminary Plat to subdivide the parcel and a variance request related to the minimum lot size. He stated that the subdivision would create one buildable lot and one outlot. He stated that the variance is to reduce the minimum lot size requirements for the proposed lot. He noted that the subject property is actually a single parcel that encompasses the triangle and rectangular portions. He explained that originally there were two tax identifications issued for the parcel, one for the triangle and one for the rectangle, because the parcel lies within two taxing districts. He stated that it is not uncommon that a single parcel be issued two tax identification numbers for this reason. He stated that a previous owner then conveyed portions of the property to two different parties, which should not have been allowed as the single property is now under ownership of two parties. He stated that there was a home on the western portion of the property, which was demolished by the current owner and the applicant, with the intent of building a new home on the property. He stated that the property is zoned rural residential and displayed an aerial photograph of the property. He stated that the proposed split would be along the taxing line with the triangle portion to be used to construct a home, if the variance is approved, and the rectangular portion to become an outlot. He explained that the property owner to the south also owns the rectangle portion of this property. Murrin questioned how the sale of one parcel was processed to two buyers through the County. Finke stated that deeds were provided on each portion of the lot. He explained that the proposed triangle lot would be over four acres in size, which would contain 3.5 acres of contiguous suitable soils, noting that the rural residential district requires five acres of contiguous suitable soils, which is why the variance is requested. He stated that approximately one acre of the suitable soils lie within a driveway easement. He stated that if the request moves forward staff recommends a condition that would require the applicant to address that issue and move the easement to the shared driveway rather than its current location. Reid questioned who the existing unused easement is actually for. Finke stated that the easement is for numerous properties to the east. Williams asked if the purpose of that easement is to provide access to Willow Drive. Finke confirmed that the purpose of the easement is to provide access to Willow Drive to the properties to the east. Williams questioned how those properties receive access currently. Finke stated that those properties use the existing driveway. He stated that staff has had numerous conversations with the applicant as they bought the property with the home on it and believed that after the home was demolished they would be able to construct a home in its place. He stated that this information came to light after the home was demolished. Williams asked when the applicant purchased the property. Robert Buehler stated that they closed on the property in February of 2011 from a bank as the property was in foreclosure. Finke stated that the property was owned by multiple parties after the "subdivision" was done. He explained that the variance would have to be considered first because if the variance is not received the 1 Medina Planning Commission Excerpt from DRAFT 8/11/2015 Meeting Minutes Preliminary Plat could not be approved. He stated that if the Commission finds the criteria for the variance to be met then a recommendation of approval would be in order and staff has included potential conditions for approval in the staff report. White questioned if there are any other lots in a similar situation, as this could set precedent. Finke clarified similar properties to mean properties in which portions have been conveyed rather than subdivided and the home demolished with the intent to build a new home. He stated that he was not aware of any other properties of that nature and noted that each variance request would stand on its own merit. White asked if there were any other lot size variances in the rural residential zoning district. Finke stated that there were some variances issued when the five -acre minimum was enacted but noted that there have not been any recent variances issued for that purpose. Foote questioned when the minimum lot size was changed. Finke stated that in 1999 the change was enacted which required all rural residential lots to have five acres of contiguous suitable soils, and noted that previous to that there were different soil groupings allowed. Murrin received confirmation that the house that previously existing on the site predated the 1984 conveyance and therefore met the requirements of the district. She asked if the applicant was aware that there would be any issue rebuilding a home. Finke stated that there were conversations when the applicant received a demolition permit and noted that City staff was not aware that there would be any issue rebuilding at that time and therefore the applicant was not made aware that there would be any issue rebuilding a home on the lot. Robert Buehler, the applicant, stated that they purchased the property in early 2011 and during 2011 worked with staff for demolition permits and building permits. He stated that they were under the impression, as was City staff, that there would be no issues with that. He stated that for reasons not related to this application they did not move forward at that time. He stated that in late 2012 they discovered that the property was not properly subdivided and in 2013 and 2014 worked with the neighboring parcel owner to gain their signature on the application. He stated that the application was then submitted this spring to get to this point. He stated that their desire is to get the property properly subdivided, as they believed it to have been when they purchased it. Murrin asked when the home was demolished. Buehler stated that the home was demolished in 2011. Murrin asked how the property owner was made aware of the improper division of the property. Buehler stated that they were made aware of the issue by a real estate representative of the other property owner in late 2012. Finke agreed that the issue became known through a property appraisal that was done by the owner of the outlot. 2 Medina Planning Commission Excerpt from DRAFT 8/11/2015 Meeting Minutes Reid stated that the staff report provides the possibility of attempting to purchase additional land that would then make the variance not needed and asked if the applicant had considered that option. Buehler stated that there was a property to the south of the triangle that offered to sell additional land but noted that option was not economically viable and therefore they would proceed with this approach rather than purchasing additional land that they do not need. Williams stated that it appears that there are two septic systems shown near the wetlands. Buehler stated that he believed there to only be two delineated wetlands and noted that the septic is next to where the original house had been placed and the soil testing had been done to validate that could be a viable septic site. Finke stated that is not a wetland near the septic sites, noting that the wetland is on the southeast corner of the property. Reid opened the public hearing at 7:43 p.m. Kristen Chapman, 1910 Iroquois Drive, stated that she was doing research recently and noted that in 1998, there was a property similar to this that requested to subdivide the property and one of those lots would be nonconforming. She stated that the City did approve that under a hardship clause. Reid stated that the law around variances has changed since that time. Steve Scherer, 2622 Willow Drive, stated that his brother and sister are also in attendance representing his parent's property at 2672 Willow Drive. He stated that they came before the City in 2008 to discuss splitting the Scherer farm into two lots as the property had been assessed for two lots through the road project. He stated this is a planned estate from his parents and his family has owned the property since the turn of the 19`h century. He stated that in 1983 or 1984 he split off 5.2 acres from his dad's property and in the 1990's, prior to 1999 he purchased additional property from his parents, but still leaving enough for the remaining property of his parents to be split into two lots. He stated that his concern is that they came to the City and because of the rule change, they were short of the contiguous soils requirement by 3/4 of an acre, which did not take into account the road right-of-way. He stated that this case has considerably less area and believed there to be a hardship in both cases. He stated that the estate planning in his case had been done with the intent of creating two lots and the property was assessed for the road project as two lots. He stated that his mother is in a nursing home and they would like to be able to sell his parents property as two lots to maximize the sale. He believed that there were similar hardships in both cases. He noted that the original home on the applicant's lot was 800 square feet and was more of a cabin than a home. He stated that they did offer to sell a parcel of property to the applicant which would make the applicant's lot conforming and would also leave his family with a parcel of suitable size to be sold. He stated that the applicant responded that he was not interested although this would solve the problem for both cases. He stated that they are attempting to play by the rules and believed that this would set a precedent. Dale Considine, 2265 Chestnut Road, identified her property on the aerial photograph. She asked for additional information on the outlot and whether that is owned by the applicant or another parry. Reid stated that the outlot is currently owned by another party but the two parcels are one lot. Considine asked if that would have to be decided before. 3 Medina Planning Commission Excerpt from DRAFT 8/11/2015 Meeting Minutes Reid explained that the proposal would be to split the lots but the variance would be needed. Considine asked if the outlot is a buildable lot as she believed it to be only wetland. Reid confirmed that the outlot would not be buildable. Murrin confirmed the location of the Scherer property and that the Scherers offered to sell a portion of their property to the applicant. She questioned if the applicant's lot would then be conforming if they were to purchase that parcel. Finke stated that the land would need be surveyed just to verify but it appears that the property could then be contiguous and therefore conforming. Murrin questioned what the current owner is using the wetland as. Finke stated that it is just open land and wetland. He stated that the upland portion of the outlot is mostly occupied by driveway easements. Murrin questioned how the parcel was originally conveyed, whether the land was given to family members or sold. Finke stated that the land was sold. Buehler stated that while one viable solution would be to add some additional property the offered price to them was equal to what they had paid for the entire original parcel they have which did not seem to make sense financially. He stated that when they purchased the property they believed it to be subdivided and buildable, as the City did. Foote questioned where the original house had been and questioned if the intent would be to build a similar size home or larger home. Buehler stated that he believed the home would be about twice the size of the original home that had been on the lot. He stated that he was unsure of the size of the original home, although it had been mentioned that the home was 800 square feet. He stated that they would be mindful of the appearance of the home to ensure that it would be appropriate with the neighboring homes. Reid closed the public hearing at 7:55 p.m. Reid stated that if it had been known before the home was demolished that this issue existed, could the property owner then have lived in the home and/or remodeled the home or added onto the home. Finke stated that the options had not been reviewed at that time. He stated that perhaps a permit to expand the existing home could have been issued but noted that he could not provide an exact answer. Williams stated that if the property had been properly subdivided in the past could then applicant then have demolished the home and constructed a larger home on the site. Finke replied that if the lot was a conforming lot of record the existing house could be demolished and a new home could be constructed. 4 Medina Planning Commission Excerpt from DRAFT 8/11/2015 Meeting Minutes White stated that she believed that the request meets the criteria for a variance as the situation was not created by the landowner and would be a reasonable use of the property and would not affect the character of the neighborhood. She stated that while she would not necessarily be in favor of approving a lot that would not meet the minimum lot size for the rural residential zoning district, the request appears to meet the variance criteria. Albers agreed as the situation was not created by the applicant and therefore would be in favor of granting the variance. Williams stated that he has a different take on the variance criteria as he was not sure that this request would be in harmony with in the intent of the zoning district requirements, as this parcel would be half of the acreage that is required; he did not find this to be consistent with the Comprehensive Plan, as the Plan has this zoned as rural residential; and while there is a practical difficulty in this situation, economic considerations alone do not constitute a practical difficulty, and there is additional land to the south that could be purchased but the applicant did not do so because they did not find it economical. He stated that in reference to the reasonable use of the land, the applicant wants to build a house on the property and reasonable use would depend on the size of the home. He noted that perhaps this variance would be granted and the applicant will come back with additional variance requests because of the size of the home they wish to construct and the setbacks that would be required. He stated that while the property is unique and would not appear to be caused by the landowner, it seems that additional work such as a title search would have been done at the time of purchase and this improper subdivision would have been discovered at that time. He stated that it is unfortunate that the landowner is in this situation but a title search and title insurance would have provided that clarity. He stated that if a large home is going to be built in the place a small log cabin that would be very different than what existed and therefore he is not persuaded that the criteria for a variance would be met, although he was is sympathetic to the landowner. Foote referenced the reasonable use of the property and stated that if a similar home was going to be constructed to what had been there before he would probably not have a problem with that but noted that if a large home is going to be built he did not know if that would be a reasonable use. Finke stated that the cleanest fix would be for one of the property owners to purchase the other half of the lot, as the sole property owner could then build a home of their choice on the lot, as the two halves together would be a buildable lot. He stated that if the Plat were approved, the outlot would then be specified as unbuildable. He stated that if the property remains in its current form staff could not approve a building permit for either property owner. Murrin stated that there are alternate options as the applicant could purchase additional land from the Scherer property or the two landowners of this parcel could work together under common ownership. She stated that she would prefer those options be investigated before a variance is considered. Williams stated that Scherer had been shut down in the past for his request to subdivide and if this variance is approved then that could set precedent. Reid stated that the applicant bought property with a house on it with the belief that a new home could be built on that lot. She stated that although a title search and additional measures could have been taken, not everyone goes through those steps. She stated that if the property were one lot the property would be conforming. She noted that the outlot will never be built on and therefore the net impact is the same even though there are two owners. She stated that if there had not been a house on the property in the past she would not be willing to grant a variance but because the property did have a house and the property was priced in a manner which conveyed that a home could be built on it she would be in favor of granting a 5 Medina Planning Commission Excerpt from DRAFT 8/11/2015 Meeting Minutes variance. She stated that while it would be great if an alternate option could be worked out, she did not believe it is the business of the Planning Commission to get into that business. Williams received confirmation that if the landowner was able to purchase the outlot the lot could then be built upon. Finke explained that the property was joined together prior to 1984 and therefore the lot is one lot which is conforming, but is currently under the ownership of two parties. Murrin stated that the applicant should be able to go back through to the title company with their title insurance to receive possible reimbursement. Williams stated that a homeowner should review the issue further if their plan is to purchase the property with the intent of demolishing the home and building a new home and did not believe that this would justify a variance. Motion by Williams, seconded by Murrin, to recommend denial of the variance request for the reasons stated. Motion failed 3-3 (Reid, White and Albers opposed). (Absent: Nolan) Motion by White, seconded by Albers, to recommend approval of the variance request subject to the conditions noted in the staff report. Motion fails 3-3 (Murrin, Williams and Foote opposed). (Absent: Nolan) Williams asked if the Commission should still provide input on the Preliminary Plat, absent the variance. Finke stated that staff thought about that as well but ultimately it was determined that the Preliminary Plat could not move forward without the variance. Foote stated that his biggest complaint is the size, as it is unknown what would be built by the applicant. He stated that if the applicant were going to keep the same footprint as the former home he would not have a problem with that. Williams stated that the Preliminary Plat was within the packet that shows the subdivision of the lot. He reviewed the criteria for a Preliminary Plat and stated that some of those criteria are still not met even if a variance were issued. Murrin stated that the size is the sticking point. She stated that if the item were approved by the Council she would think that a size limit would need to be placed on the footprint of the home as the lot size would be smaller than a typical rural residential lot. Foote stated that if there is an existing house that burns down you are always allowed to rebuild within the same footprint. Williams asked if this is a premature Preliminary Plat as the size of the home is not known. Finke stated that is not necessarily true and noted that a maximum size of the home could be specified. Murrin stated that it is difficult to determine if this would change the character as it is unknown what the size of the home would be compared to the home that previously existed. Reid noted that any house would change the character of the area simply because you built. 6 Medina Planning Commission Excerpt from DRAFT 8/11/2015 Meeting Minutes Williams questioned if Foote would be willing to change his vote on the variance if a size limit was placed on the new home equal to what the original home had been. Reid noted that would be very small. Foote stated that this lot is half the size of a conforming lot. Albers stated that as long as the home meets the setback requirements he did not think the size of the home would make a difference. He received confirmation that there were multiple structures on the lot at one time and perhaps those sizes could be combined for a total footprint. White agreed that if the setback requirements and no further variance requests were needed she would not necessarily care about the size of the home. Foote stated that he would support the variance if the footprint of the new house is no bigger than the previous footprint. Reid stated that she would not necessarily be in favor of that because of the small size limitation. Motion by Reid, seconded by Albers, to recommend approval of the variance request subject to the conditions noted in the staff report and with the added condition limiting the footprint of the house to the size of the structures previously on the property. Motion fails 3-3 (Murrin, Williams and Foote opposed). (Absent: Nolan) 7 Dusty Finke From: Tom Kellogg <TKellogg@wsbeng.com> Sent: Monday, August 03, 2015 3:01 PM To: Dusty Finke; Batty, Ronald H. (rbatty@Kennedy-Graven.com) Cc: Debra Peterson Subject: RE: Buehler preliminary plat My comments/questions are noted below: 1. Is there a current wetland delineation for the properties? 2. If there is the appropriate easements should be acquired. 3. It appears they are dedicating 33' half right-of-way for Willow Drive. The City should confirm this is correct. 4. The private roadway easement across Lot 1, Block 1 should be moved to encompass the existing drive. This appears to have an impact on the possible septic sites. Thanks, Tom Tom Kellogg Senior Project Manager d: 612-209-5113 1 c: 612-209-5113 WSB & Associates, Inc. I Oddfellows Building 23 2nd Street SW Suite #200 I Rochester, MN 55902 WSB tarTribune N This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. WSB does not accept liability for any errors or omissions which arise as a result of electronic transmission. If verification is required, please request a hard copy. From: Dusty Finke[mailto:Dusty.Finke@ci.medina.mn.us] Sent: Wednesday, July 29, 2015 3:39 PM To: Tom Kellogg; Batty, Ronald H. (rbatty@Kennedy-Graven.com) Cc: Debra Peterson Subject: FW: Buehler preliminary plat Tom, We received the attached updated preliminary plat today. Hard copy is in the mail. This is scheduled for August 11 Planning Commission meeting, so I'll need comments Tuesday (8/4) 1 City of Medina Application for Planning Consideration of Lot Subdivision Submitted by Applicant Robert Buehler on August 18, 2015 Narrative explaining the purpose of the requested variance and subdivision: In December 2010, my wife Nancy and I signed a contract to purchase the property at 2782 Willow Drive. The prior owners had lost the property to foreclosure, and we were buying the property from the foreclosing lender with a plan to tear down the existing dilapidated, 1,600 square -foot home and two outbuildings and to replace them with a new home. Prior to signing a purchase agreement, we had discussions with the City Planning Department about demolition, setbacks, wetland delineations, and the like. Our builder, realtors and architect also had conversations with the Planning Department about the property. In these multiple conversations, we were told we would have a conforming lot on which to build a new home because the minimum lot size requirements in place when the original house was built would be in effect. Feeling satisfied with these answers, we closed on the purchase of the property in February 2011. After the closing, we began to work with the City for permission to demolish the existing home and to understand design requirements for a new home. The City issued a permit allowing us to demolish the existing home and outbuildings. We even confirmed with the City that there were no historical buildings on the property. We then proceeded with the demolition in April and May 2011. Later in the summer of 2011, for personal reasons unrelated to the property, we decided not to build at that time. Nevertheless, throughout our extensive discussions with the City regarding this project, we were never informed that we would have any problems proceeding with the project due to the property not being properly subdivided or not being buildable. In late 2012, nearly two years after we closed on the property, an appraiser was valuing land adjacent to ours and reported to our realtor that the two properties, despite having different owners and county PID numbers, had never been legally subdivided. After being contacted by our real estate agent about this problem, we contacted the City Planner who, after researching, confirmed that the two adjacent properties were, in fact, one legal parcel and that, if it were now to be legally subdivided, our resulting part of the property would not conform to today's buildable lot size requirements. This news was a shock to us, and apparently a surprise to the City, as all parties believed that the properties had been legally subdivided over 30 years ago. At that time, these two properties were part of a much larger parcel of land owned by one owner. Investigation by the City, our real estate agents and our attorney exposed that in 1984, this owner subdivided that large piece into four (4) smaller parcels. The owner apparently believed that this subdivision included the division of our property, even though it did not. This confusion was likely exacerbated by the creation of a new watershed taxing district at the same time, the border of which divided the property. The two split parcels were issued separate PID numbers by the county at that time. The owner subsequently deeded the two properties separately, as if they had been subdivided, even though the City had granted no subdivision. Our first attempt at a solution was to check with our Edina Realty agents about the terms of the purchase agreement. Finding no recourse with Edina Realty or the seller, we raised the question with All American Title, the issuer of our title insurance policy on the property. All American Title said that 1 City of Medina Application for Planning Consideration of Lot Subdivision Submitted by Applicant Robert Buehler on August 18, 2015 there was not any question of us having clear title, but a there was a question of an improper subdivision and that our title insurance policy did not cover subdivision anomalies. We then turned to the City for assistance with the problem. After many further discussions, the City Planning Department proposed a solution to the problem whereby we and our neighbor apply to subdivide the two adjacent properties and that we apply for a variance requesting that our resulting lot be excused from the current lot size requirements. The Planning Department agreed with us that our property met the lot size requirements at the time the original home that we demolished was built. Had the properties been subdivided when originally believed, our lot would have met the then existing lot size requirements and would not now need a variance. Based on our investigation and what we have learned in dealing with this issue over the past four years, we believe that this situation is unique and that a similar variance request is likely never again to come before the City. As stated, all parties involved —including the City —believed that these two properties already were subdivided. Over the past 30 years, ownership of our lot has changed six times, and Hennepin County continued to accept deeds each time as if the lots were properly subdivided. In 1985, when the watershed taxing district splitting the property —then one combined parcel with a single owner —was created, Hennepin County issued new tax parcel ID numbers for each portion of the property lying in separate tax districts. Because the owner of the combined parcel had just recently sought a subdivision with the City, we assume the owner believed that each portion (our lot and our neighbor's lot) had also been subdivided, even though they had not. The City Planning Department can likely confirm that to its knowledge there are few if any other land parcels in Medina that have watershed district borders bisecting them, resulting in the owner and the County inadvertently permitting portions of the parcel to be conveyed separately without legally subdividing the parcel. Given the rarity of such an occurrence, if the City were to grant our variance request, there is little or no danger of an undesired precedent being established in which other similarly situated applicants would be entitled to seek variances from the current lot size requirements. Further, my wife and I did not create these circumstances. We came to this situation after performing thorough due diligence and only learned of the conditions via a third party nearly two years after owning the property. The situation is a complete surprise to the neighbors, the City, and to us even though it apparently has lain hidden for over 30 years and through six transactions. Moreover, we cannot solve the problem on our own. Purchasing additional adjacent property amidst all of this uncertainty is costly and risky. Dividing the property from our neighbor's parcel and making our lot buildable are not issues that can be resolved either through our title insurance policy or with the seller. We are confident that over the past four years we have exhausted all other reasonable options, and incurred substantial legal fees to understand the problem and find a solution. This application, on which we have cooperatively worked with City staff, is the best and most reasonable solution to correct these long-standing, problematic conditions. By requesting a variance and subdivision, we are not seeking special privileges. We are seeking to have the status reflect both our understanding at the time we bought the property in 2011 and the City's view of the conditions even before that. 2 SZOZ `Z aaquaaldaS Z swalgwd uoisinipgns aanop lou saop aDuamsui ami . sluawa.pbaa azis wnw!u!w luaaanD uaN2lias1.i Aq Ou!iwoluo3 lou Z loi . spiaq.sip xel pagsaalenn ow. ui said anbiun onnl . papinipgns aanau aaann d loi pue Z loi . lapaad paupiuma 'Jam a Jo aaegs a unno am pauaeal aM :ZZOZ/ZZ aw4 !pea spaap paldappe Aluno3 saeaA of ui sawq leaanas paueip digsaaumo ad anbiun -1786T aDuis papinipgns Ame2a-1 . Dios @mewls sane s•E `same EZ•17 — sane z sem azis loi wnw!u!w uagm awoq Jo aDualsixa ol. ana — 1o12uRLIJOIuoD . 148nogi. AID agl'8 aM letIM :ZZOZ/Z aamang I.aagog queDilddd aniaQ nnolliM Z8LZ aol AmwwnS uogenlis We ask the Council to bring the property back to the same status that the City assumed to exist over multiple deed transactions throughout the last 30 years 1. Grant a variance to allow a house to be built on Lot 1 as was the case since 1984; Lot A remains an outlot 2. Grant a subdivision to separate Lot 1 and Lot A as the owners and the City assumed when each owner bought their respective lot Applicant: Robert Buehler 2 September 1, 2015 WILLOW MANOR •: IRON MARKER FOUND 0: IRON MARKER SET; MARKED BY MN. LIC. p-KO: P-K NAIL SET FOR PURPOSES OF THIS SURVEY, THE EAST SE 1/4 OF THE NE 1/4 OF SECTION 15-1118-23 ASSUMED BEARING OF N 00°16'41" E Drainage and utility easements shown thus: 1.10 o� 0 1 Being 10 feet in width and adjoining lot lines, and being 10 feet in width and adjoining right of way lines as shown on the plat. FOUND HENN. CO. CIM AT W 1/4 COR OF SEC. 16-118-23-, - N 89°09'10" W 4888.11 CENTERLINE OF PUBLIC-- / ROAD AS TRAVELLED 06 4; `� ‘ 4_ : 'ho°•.o0 <0 `. v NI 89°09'10" W DETAIL -NOT TO SCALE t O • SEE DETAIL /00 �O V (0C 93 / 3� / / NO. 12755 LINE OF THE HAS AN 4.36 / S 89°09'10" E / NORTH LINE OF NE 1/4. / OF SE 1/4 OF SEC. 16-118-23 / / <0 (v._�� e� 4) a East ' • 25.84 'Y �N DRAiNA5 n ' EASEMEN oo � /0'ly S 86° E 45.00 � FOUND HENN. CO. CIM w AT NE COR OF SEC. 16-118-23 • M ti(C) 0 0 Z i // o°j d / / / EAST LINE OF SE 1/4 OF NE 1/4 OF SEC. 16-118-23 1 SOUTH LINE OF SE 1/4 OF NE 1/4 OF SEC. 16-118-23 i- Ai" ;IN 89°09'10" W 471.50 528.52 N 89°09'10" W 570.43 SOUTH LINE OF NORTH_; 125 FEET OF NE OF SE SE 1/4 OF SEC. 16-118-23 � I 110.00 .4� a N 00°22'36" E FOUND HENN. CO. CIM AT SE COR OF SEC. 16-118-23-- to , o v-33 N 00°16'41" E 795.00 0 0 tri rn 0 FOUND HENN. CO. CIM AT E 1/4 COR OF SEC. 16-118-23 EAST LINE OF NE 1/4 OF SE 1/4 OF SEC. 16-118-23; WEST LINE OF NW 1.4 OF SW 1.4 OF SEC. 15-118-23 S 89°09'10" E 240.41 S 88°18'32" E 824.91 \\ss ---NAO . 70, o?.1/NgcF \ \ \ F \ 20O N 75°4 ;.r _ O \O 42 W 329 80- N 04°09'10" W.:: ------ -`-1� 61.04 824.69 335.15 FgSFMFNT \ GRONBERG & ASSOCIATES, INC. S 88°18'32" E 824.91 Know all persons by these presents that Robert G. Buehler and Nancy U. Buehler, husband and wife, fee owners of the following described property situated in the County of Hennepin, State of Minnesota, to wit: The North 125 feet of the Northeast Quarter of the Southeast Quarter of Section 16, Township 118 North, Range 23 West of the 5th Principal Meridian, lying east of the centerline of the public road as now laid out and travelled; ALSO that part of the Southeast Quarter of the Northeast Quarter of said Section 16 lying east of the following described line: Beginning at a point on the East line of said Southeast Quarter of the Northeast Quarter distant 895 feet north from the southeast corner of said Southeast Quarter of the Northeast Quarter; thence south along said East line a distance of 100 feet; thence along a tangential curve to the right having a radius of 575 feet and a central angle of 38 degrees 20 minutes a distance of 384.70 feet; thence southwesterly tangent to said curve to the South line of said Southeast Quarter of the Northeast Quarter, and said line there ending, And that Paul O. Hamel, single, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit: The North 259.38 feet of the West 824.69 feet of the Northwest Quarter of the Southwest Quarter of Section 15, Township 118 North, Range 23 West of the 5th Principal Meridian, Have caused the same to be surveyed and platted as WILLOW MANOR, and do hereby dedicate to the public for public use forever the Public Way and the drainage and utility easements as shown on the plat. In witness whereof said Robert G. Buehler and Nancy U. Buehler, husband and wife, have hereunto set their hands this day of , 20 ; and said Paul O. Hamel, single, has hereunto set her hand this day of , 20 ROBERT G. BUEHLER PAUL O. HAMEL STATE OF ) NANCY U. BUEHLER COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Robert G. Buehler and Nancy U. Buehler, husband and wife. Notary Public, County, Notary's printed name My commission expires STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Paul O. Hamel, single. Notary Public, County, Notary's printed name My commission expires 1, Mark S. Gronberg, do hereby certify that this plat was prepared by me or under my direct supervision; that 1 am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd.3 as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Mark S. Gronberg Licensed Land Surveyor and Engineer Minnesota License Number 12755 STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Mark S. Gronberg, Land Surveyor and Engineer. OUTLOT A \ \ N 80° 5"1 E 338.44 Notary Public, County, Notary's printed name My commission expires NORTH LINE OF NW 1/4... OF SW 1/4 OF SEC. 15-118-23 150_00 I LINE PARALLEL WITH WEST LINE OF NW 1/4 OF SW 1.4 OF SEC. 15-118-23--- s -\ V5570 \\ F LINE PARALLEL WITH NORTH LINE OF NW 1/4 OF SW 1/4 OF SEC. 15-118-23 co N \`is \�s7 151.32 I N 00°22'37" E 259.45 FOUND HENN. CO. CIM AT E 1/4 COR OF SEC. 15-118-23 --- O N 88°18'32" W 4438.67 ENGINEERS, LAND SURVEYORS, PLANNERS R.T.DOC.NO. C.R.DOC.NO. MEDINA, MINNESOTA This plat of WILLOW MANOR was approved and accepted by the City Council of Medina, Minnesota, at a regular meeting held this day of , 20 . If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City, or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA , Mayor , Clerk RESIDENT AND REAL ESTATE SERVICES, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat. Dated this day of , 20 . MARK V. CHAPIN, HENNEPIN COUNTY AUDITOR By , Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MINN. STAT. Sec. 383B.565, (1969), this plat has been approved this day of , 20 . CHRIS F. MAVIS, HENNEPIN COUNTY SURVEYOR By REGISTRAR OF THTLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of WILLOW MANOR was filed in this office this day of , 20�, at o'clock .M. MARTIN MCCORMICK, REGISTRAR OF TITLES By , Deputy COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA 1 hereby certify that the within plat of WILLOW MANOR was recorded in this office this day of , 20 , at o'clock .M. MARTIN MCCORMICK, HENNEPIN COUNTY RECORDER By , Deputy Agenda Item # 9B MEMORANDUM TO: City Council FROM: Debra Peterson, Planning Assistant; through City Planner Dusty Finke DATE: August 25, 2015 MEETING: September 1, 2015 City Council SUBJ: Brian Etzel - Setback Variance — 2942 Lakeshore Avenue — Public Hearing Review Deadline Complete Application Received: July 8, 2015 Review Deadline: November 4, 2015 Overview of Request Brian Etzel requests a variance to reduce the required setback along Balsam from 30 feet to 12 feet for the construction of a deck that will tie in with an already existing deck along Balsam Street and Lakeshore Avenue. The deck dimensions are 10' x 22' and it would be attached to the existing 8' x 12' deck which faces Balsam Street and Lakeshore Avenue. The proposed deck would not extend any further towards Balsam Street than the already existing deck. The subject property and all surrounding properties are zoned UR, Urban Residential. The zoning district requires 9,000 square foot in size lots and the subject property is .16 acres or 7,167 square feet in area. The subject property does not meet current lot size standards or required setbacks, except it does meet the 30 foot setback along Lakeshore Avenue (front yard). The proposed deck does not increase any of these existing nonconformities. The variance request is for along Balsam Street (north property line) which is the direction the home faces. The minimum 30-foot side yard street setback makes it impossible to construct a deck to meet the setback along Balsam since the home is currently only set back 20 feet and the deck 12 feet from the Balsam property line. The proposed deck would meet the front yard setback along Lakeshore Avenue, the rear yard setback, and the interior side yard setback. Urban Residential Requirement Proposed Deck Min. Front Yard Setback (west) 30 feet 34'-5" feet Min. Rear Yard Setback (east) 30 feet N/A Min. Street Side Setback (north) 30 feet 12 feet Min. Side Yard Setback (south) 10 feet 12 feet Max. Hardcover 25% (shoreland) 57% (existing) NO INCREASE IN HARDCOVER WITH DECK Brian Etzel Setback Variance Page 1 of 5 September 1, 2015 City Council Meeting Impervious Surface/Hardcover The maximum impervious surface in the shoreland overlay district is 25 percent. The subject property currently has 57 percent of its lot covered by hardsurface since it is a smaller lot. Staff recommends the applicant remove areas of hardsurface where possible. Staff recommends as a condition of approval that the applicant and staff meet on -site to determine where hardsurface can be removed prior to the issuance of a deck permit. Right-of-way The area between the Balsam street side property line to the edge of the street (right-of-way) is 26 feet. The current distance from the edge of the street along Balsam to the existing deck is 38 feet. The proposed deck would not bring it any closer. An aerial of the property is below: Brian Etzel Setback Variance Page 2 of 5 September 1, 2015 City Council Meeting Lot Requirements: Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth: Required Existing 9,000 SF 7,167 SF 60 Feet 38 Feet 100 Feet 138.78 Feet The existing lot width at the front property line along Lakeshore Avenue is 38 feet (west). The minimum width for the district is 60 feet. The lot width does gradually increase as it continues eastward and then ends with a width of 64.79 feet along the rear yard property line (east). The existing home is only 24 feet in depth which is rather conservative. Adding a deck to the home is not possible without a Variance. Visibility Visibility from Lakeshore Avenue (west) towards the home is limited since it is screened quite well by trees. Balsam Street also has many trees along the roadway, but the deck would be more visible since the driveway is along Balsam. The interior property line (south) is screened by a partial fence. Analysis According to Subd. 2 of Section 825.45 of the City Code, the City is required to consider the following criteria when reviewing a variance request: "Subd. 2. Criteria for Granting Variances. (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficult to be established, all of the following criteria shall be met: (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality." Findings of Fact • Staff believes that practical difficulties exist as a result of the narrowness of the lot and that this circumstance does not apply generally to other property in the same zoning district. A deck would not be allowed to be constructed without a Variance. Brian Etzel Setback Variance Page 3 of 5 September 1, 2015 City Council Meeting " S t a f f d o e s n o t b e l i e v e t h a t g r a n t i n g t h e v a r i a n c e s w o u l d g i v e a n y s p e c i a l p r i v i l e g e s t h a t a r e d e n i e d t o o w n e r s o f o t h e r p r o p e r t y i n t h e s a m e d i s t r i c t . " S t a f f d o e s n o t b e l i e v e t h e n a r r o w n e s s o f t h e l o t w a s c r e a t e d b y t h e l a n d o w n e r . " S t a f f b e l i e v e s t h e l i t e r a l i n t e r p r e t a t i o n o f t h e s e t b a c k p r o v i s i o n s o f t h e C i t y C o d e w o u l d p r e v e n t t h e a p p l i c a n t f r o m c o n s t r u c t i n g a d e c k o n t h e s u b j e c t p r o p e r t y , w h i c h i s a r i g h t c o m m o n l y e n j o y e d b y o t h e r p r o p e r t i e s i n t h e d i s t r i c t . " S t a f f b e l i e v e s t h a t t h e v a r i a n c e r e q u e s t w i l l n o t a l t e r t h e e s s e n t i a l c h a r a c t e r o f t h e a r e a a n d t h a t t h e a p p l i c a n t p r o p o s e s a n a v e r a g e d e c k s i z e f o r t h e h o m e . " T h e p r o p o s e d l o c a t i o n i s s u r r o u n d e d b y s i g n i f i c a n t v e g e t a t i o n w h i c h s h o u l d l i m i t i m p a c t s o n a d j o i n i n g p r o p e r t y . " T h e p r o p e r t y t o t h e s o u t h o f t h e s u b j e c t p r o p e r t y r e c e i v e d v a r i a n c e s f o r t h e c o n s t r u c t i o n o f a n e w h o m e d u e t o t h e l o t b e i n g s m a l l i n t h e n e i g h b o r h o o d . P l a n n i n g C o m m i s s i o n R e c o m m e n d a t i o n T h e P l a n n i n g C o m m i s s i o n r e v i e w e d t h e r e q u e s t e d v a r i a n c e a t t h e i r A u g u s t m e e t i n g . N o o n e f r o m t h e p u b l i c w a s p r e s e n t f o r t h e m e e t i n g . C o m m i s s i o n e r s b e l i e v e d t h e V a r i a n c e c r i t e r i a w e r e m e t . T h e P l a n n i n g C o m m i s s i o n u n a n i m o u s l y r e c o m m e n d e d a p p r o v a l o f t h e v a r i a n c e s u b j e c t t o t h e f o l l o w i n g c o n d i t i o n s . 1 ) T h e a p p l i c a n t s h a l l m e e t w i t h s t a f f o n - s i t e p r i o r t o i s s u a n c e o f a d e c k p e r m i t t o d e t e r m i n e a r e a s w h e r e h a r d c o v e r c o u l d b e r e m o v e d a n d c o n v e r t e d t o p e r v i o u s s u r f a c e . 2 ) T h e a p p l i c a n t s h a l l n o t r e m o v e a n y o f t h e t r e e s o r v e g e t a t i o n s u r r o u n d i n g t h e p r o p o s e d d e c k . 3 ) T h e a p p l i c a n t s h a l l u t i l i z e t h e v a r i a n c e w i t h i n o n e y e a r o f a p p r o v a l , o r t h e v a r i a n c e s h a l l b e c o n s i d e r e d n u l l a n d v o i d . 4 ) T h e a p p l i c a n t s h a l l p a y t o t h e C i t y a f e e i n a n a m o u n t s u f f i c i e n t t o r e i m b u r s e t h e C i t y f o r t h e c o s t o f r e v i e w i n g t h e v a r i a n c e a n d o t h e r r e l e v a n t d o c u m e n t s . P o t e n t i a l M o t i o n T h e C i t y C o u n c i l , i n i t s r o l e a s t h e B o a r d o f A p p e a l s a n d A d j u s t m e n t s , i s r e s p o n s i b l e t o h o l d t h e p u b l i c h e a r i n g o n t h e p r o p o s e d v a r i a n c e b e f o r e c o n s i d e r i n g t h e r e q u e s t . F o l l o w i n g t h e h e a r i n g , i f t h e C i t y C o u n c i l c o n c u r s t h a t t h e v a r i a n c e c r i t e r i a a r e m e t , t h e f o l l o w i n g m o t i o n w o u l d b e i n o r d e r : M o v e t o d i r e c t s t a f f t o p r e p a r e a r e s o l u t i o n a p p r o v i n g t h e v a r i a n c e b a s e d u p o n t h e f i n d i n g s n o t e d i n t h e s t a f f r e p o r t a n d s u b j e c t t o c o n d i t i o n s r e c o m m e n d e d b y t h e P l a n n i n g C o m m i s s i o n . B r i a n E t z e l P a g e 4 o f 5 S e p t e m b e r 1 , 2 0 1 5 S e t b a c k V a r i a n c e C i t y C o u n c i l M e e t i n g Attachments 1. Excerpt from DRAFT Planning Commission minutes 2. Document List 3. Site Plan received by the City 7/13/2015 4. Deck Plan received by the City 7/08/2015 Brian Etzel Setback Variance Page 5 of 5 September 1, 2015 City Council Meeting CITY OF MEDINA PLANNING COMMISSION DRAFT Meeting Minutes Tuesday August 11, 2015 1. Call to Order: Acting Chairperson Reid called the meeting to order at 7:00 p.m. Present: Planning Commissioners Todd Albers, Randy Foote, Kim Muffin, Victoria Reid, Janet White, and Kent Williams. Absent: Planning Commissioner Charles Nolan. Also Present: City Planner Dusty Finke 2. Brian Etzel — 2942 Lakeshore Avenue — Variance from Required 30 foot Setback to Expand Deck White recused herself from this discussion as the property owner is her neighbor. Finke presented a request from the applicant for a variance from the required 30-foot setback to expand an existing deck. He displayed an aerial photograph of the property and described the applicant's plan to extend the deck to meet with the existing portion of the deck. He explained that this would be a variance from the side setback to Balsam from 30 feet to 12 feet. He stated that none of the current features meet the 30-foot setback. He stated that the lot is also nonconforming and explained that the existing street, Balsam, is off center to the north and therefore the front appears to be setback more than other properties. He noted that setback is not met either because the setback is calculated from the right-of-way. He stated that if the road were to be expanded in the future it would be logical to expand to the south because the road is off center. He noted that 60 foot of right-of-way while relatively standard in most neighborhoods, it is unique in the Independence Beach area as some of those streets have 40-foot right-of-ways. He stated that the deck expansion would not increase the nonconformance of the property it would simply add to the linear calculation. He stated that if the Commission finds that the variance criteria are met, staff suggested a number of conditions of approval. He stated that the hardcover for the lot is not in conformance and noted that the deck would be built over some existing plastic material. He noted that the plastic material could be removed in order to reduce the hardcover of the site. Williams asked for additional information on the dimensions of the deck. Finke provided the additional calculations for the deck. He clarified that the house, nor the deck meets the setback requirement along Balsam and advised that the setback along Lakeshore Avenue is met. Muffin received confirmation that the deck would simply made longer. Brian Etzel, the applicant, stated that he was present to address any questions. He stated that he purchased the home in 1986 and there was a three -season porch, which he remodeled into a four - season porch. He stated that he would be amenable to working with City staff to reduce the hardcover if needed. Murrin questioned if the homeowner would get rid of the existing deck or keep the existing deck. Etzel stated that he would keep the existing deck, although replacing the lumber, and would simply be extending the deck to wrap around. Motion by Foote, seconded by Williams, to recommend approval of the 30-foot setback variance request for Brian Etzel for the property located at 2942 Lakeshore Avenue based upon the findings noted in the staff report and subject to the conditions recommended by staff. Motion approved unanimously. (Absent: Nolan) White rejoined the Commission. Project: LR-15-164 — Etzel Variance The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 7/8/15 7/8/15 8 Application Yes Fee 7/8/15 7/8/15 Yes Mailing Labels 7/8/15 7/2/15 Mailing labels Yes Narrative N/A Plan Set 7/8/15 7/8/15 2 Plan Set Yes Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Affidavit of Mailing 7/30/15 5 Public Comments N LOTS 1, 2 & 19, BLOCK 26, "Independencartseacn- /344sArm 1_ HENNEPIN COUNTY, MINNESOTA ... Ead-E or 57-04-ET_IL i 1iv , 3 ' — 7__Cihhh1% 1 irtr)1-: 01 (4reete2) SIDE 1 ol C-nA.c.rtor) iebur : 30' ii Pro •Fte %;"‘ es 1 1 1 1 1 91 - —1— BALSAM STREET //7.6c 0 • EL acv-i a Lco,:eshore_ ANE EXkSiiNG Hou SE 7°40 1 FRofrt 46 r LIA/4 To EDS-E of srNeE-r- 40 -9o- _ e""i IT CD 1982.8) 9561' • of �Y f� -- 3uVe9 t E� 'dam roz..P 'AD O/ Z 5a *5 t crossova 94% 9,� eNc y t�= r'eo N q .v n 074 '61 mAaQ J Sal-9e:),yvt•-1 v-y pDb r--) J.7 r ,01 )C4ro ? 11,18 - „0 ; hr llo ca 5dV1 ..pS' �1 ]yawl hie. _ 01 am h 5 sd��s j E B Agenda Item # 9C MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 27, 2015 MEETING: September 1, 2015 City Council SUBJ: 2040 Comprehensive Plan Update Process/Schedule Background Later in September, the Metropolitan Council will be releasing System Statements for communities throughout the metro. This will trigger the requirement that the City submit a decennial update of its Comprehensive Plan by the end of 2018. Staff has been discussing the process and tentative schedule for the update process. It appeared from discussions during the amendment completed at the end of last year that almost everyone wanted to complete the decennial update as quickly as possible. As such, staff s draft schedule is fairly aggressive, seeking to have the update submitted for review in approximately a year (fall of 2016). A draft schedule is attached. Breanne Rothstein from WSB and Associates will be coordinating much of the public participation process and has recommended the attached schedule. She is experienced in coordinating this process in various communities and WSB is able to provide online public participation tools. Public Participation The proposed public participation (not including worksessions, etc.) includes the following: • Online participation throughout process • "Kick-off' event at Medina Celebration Day • 2 community meetings o 1 concentrating on visioning and goal setting o 1 to solicit feedback on draft land use plan • Formal public hearing at Planning Commission In addition to these opportunities, there will be more formal worksessions and steering committee meetings throughout the process. These are described in the schedule, and generally include: • 6 steering committee meetings • 2 joint planning commission/city council meetings • Formal public hearing at Planning Commission • City Council review If the City Council is interested in holding more community meetings (or considering neighborhood meetings, etc.), worksessions, and the like, it would take more time and the 2040 Comp Plan Process/Schedule Page 1 of 2 September 1, 2015 City Council Meeting schedule would need to be expanded accordingly. Staff believes that a longer process will tend to discourage involvement over time, even if there are more meetings and events that people would be able to attend, as people tend to get "worn out by the process." The proposed schedule is based on this premise. Steering Committee The Comprehensive Plan is a large and complex document. Although staff intends to take the lead in drafting the document, staff believes it is important that policy direction throughout the process will be provided by a representative group of City residents. The Planning Commission could serve this role, but it is a lot to ask of all of the Commissioners who will also have the regular Planning Commission duties to attend to. Doing so also does not encourage new people to become active in the process. As an alternative, the City Council could appoint a steering committee to provide direction throughout the process. This group would present a draft for formal Planning Commission and City Council review. Staff recommends that any such committee be a manageable size, ideally 7 members, perhaps 9. Staff believes it may be advisable to include 1 or 2 members from the City Council and Planning Commission on the steering committee and potentially a park commissioner. Remaining positions could be appointed by the City Council in order to provide adequate representation. If the City Council intends to appoint a Steering Committee, staff would seek direction on how it will be constituted. Staff would also seek direction on how to solicit members. The City Council could review "applications" or staff could provide a slate of interested persons. As noted above, staff would recommend a committee similar to: • 2 Council members • 2 Planning Commissioners • 1 Park Commissioner • 2 At -large members Council Direction Requested Staff seeks approval of the proposed process and schedule to update the Comprehensive Plan as described on the attached document. Staff also seeks direction on the potential appointment of a Comprehensive Plan Steering Committee to provide direction during the process. Attachment DRAFT Schedule 2040 Comp Plan Process/Schedule Page 2 of 2 September 1, 2015 City Council Meeting July 2015 August 2015 TASK 1 Background/Demographic 1.1 Demographic Info 1.2 Finalize Schedule TASK 2 Public Participation 2.1 Finalize Public Participation Plan 2.2 Medina Celebration Day 2.3 Community Visioning Meeting 2.4 Steering Committee 2.5 Interagency Coordination 2.6 Online Engagement (my sidewalk) 2.7 Planning Commission/City Council TASK 3 Land Use & Housing 3.1 Compile Data 3.2 Create Goals & Implementation Steps 3.3 Draft of overall chapter, one revision, compilation of final document TASK 4 Transportation 4.1 Compile Data 4.2 Prepare Future Traffic Volumes 4.3 Prepare Roadway System Plan 4.4 Prepare Transit Information 4.5 Prepare Ped. & Bike Plan 4.6 Provide Aviation Basic Language 4.7 Provide Freight Section Language 4.8 Provide language regarding a healthy environment for transportation 4.9 One draft plan and one revision 4.10 GIS Maps TASK 5 Comprehensive Sewer Plan Component 5.1 Compile relevant documents 5.2 Update capacity analysis 5.3 Complete goals & implementation steps 5.4 GIS Maps TASK 6 Comprehensive Water Plan 6.1 Compile relevant documents 6.2 Update previously completed model 6.3 Complete goals & implementation steps 6.4 GIS Maps TASK 7 Parks, Trails, Open Space 7.1 Update existing maps 7.2 Establish goals and implementation steps 7.3 Coordinate with other agencies (SEE ABOVE] 7.4 GIS Maps 7.5 Summary map of other outside planned investments 7.6 Attend Parks Commission Meeting TASK 8 Surface Water Management Plan 8.1 Compilation of drainage information 8.2 Establishment of goals & implementation steps 8.3 Exhibits TASK 9 Other Required Components 9.1 Met Council Finalize Schedule Finalize Public Participation Plan September 2015 Celebration Day October 2015 Steering Commit November 2015 Lg. Com. Visioning Session ee #1 December 2015 Land Use Concept January 2016 MO'J'1tOR February 2016 e 142 ee Compile Impacts of LU Plan Compile impacts of LU Plan March 2016 ig CortFtnittee #3 my Sidewalk April 2016 Lg Com. Meeting(LU PLAN) 4 Interagency Meetings Joint PC/CC Worksession (On LU Plan ) May 2016 Refined Concept Finalize LU Plan June 2016 Transportation Modeling July 2016 August 2016 Joint PC/CC Worksession PC Public Hearing Water Modeling September 2016 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 27, 2015 SUBJ: Planning Department Updates September 1, 2015 City Council Meeting Land Use Application Review A) Stonegate Conservation Design Subdivision — west of Deerhill, East of Homestead. The applicant has requested PUD General Plan and Preliminary Plat approval for a conservation design subdivision of 421ots on 170 gross acres. The Planning Commission held a public hearing on the matter at the July 14 meeting and found that the proposed conservation design subdivision does not fully meet the objectives of the CD -district. As a result, the Commission recommended denial. The Park Commission reviewed on July 15. The City Council reviewed on August 5 and asked for a number of changes and reviewed an updated site plan on August 18. Following review, the Council directed staff to prepare documents of approval, providing the applicant updates the plat and plans as directed by September 1. If the applicant provides these updates, the documents will be presented at the September 15 meeting. B) Buehler Plat — Robert Buehler has requested approval of a plat to separate 2782 Willow Drive from an adjacent property. The parcels were a single lot and a previous owner sold portions of the lot to two separate buyers. The applicant seeks to subdivide the property to create a buildable lot, and the other portion of the property would be platted as an outlot. Planning Commission held a hearing at the August 11 meeting and split 3-3 on the recommendation. Staff intends to present to the Council at the September 1 meeting. C) Etzel Setback Variance — 2942 Lakeshore Ave. — Brian Etzel has requested a variance to reduce the setback from Balsam Street from 30 feet to 12 feet for expansion of an existing deck. The proposed expansion is proposed to be setback the same distance as the existing deck, continuing the same building line. The Planning Commission reviewed at the August 11 meeting and recommended approval. Staff intends to present to the Council at the September 1 meeting. D) 3 Rivers Church CUP — 3 Rivers Church has requested a conditional use permit to operate within the existing office building at 52 Hamel Road. A public hearing is scheduled for the September 8 Planning Commission meeting. E) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has requested a site plan review for construction of a 173,000 sf memory care facility. The request also includes a rezoning from RR-UR to Business Park and an Interim Use Peiullt to permit continued agricultural use of the portion of the property not proposed to be developed. The Met Council has also approved of the previous Comp Plan amendment. The Planning Commission meeting reviewed the rezoning, site plan review and interim use permit at the February 10 meeting and unanimously recommended approval. The City Council reviewed at the May 19 meeting and directed staff to prepare approval documents. The applicant has subsequently changed their proposed site plan. Staff is conducting a preliminary review to determine if it is appropriate to present the changes to the Planning Commission. F) St. Peter and Paul Cemetery and Hamel Place —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. G) Woods of Medina, Capital Knoll— these preliminary plats have been approved and staff is awaiting a final plat application Planning Department Update Page 1 of 2 September 1, 2015 City Council Meeting H) Hamel Haven subdivisions, Wakefield Valley Farm — These subdivisions have all received final approval. Staff is working with the applicants on the conditions of approval before construction begins. I) Goddard School Site Plan Review — PJ Norman LLC has requested Site Plan Review approval to construct a new building to house a Goddard School at 345 Clydesdale Trail (next to Caribou Coffee). The City Council approved the project on July 21 and staff is working with the applicant on the conditions of approval before construction. J) Wright -Hennepin Solar Panels — WH has requested a conditional use permit for the installation of a solar garden approximately an acre in area at their substation on Willow Drive, south of Highway 55. The Council adopted a resolution of approval at the June 16 meeting. Staff will work with the applicant to meet the conditions of approval before construction. Other Projects A) Deck Upland Buffer Setbacks — a resident of the Enclave development has requested that the City reconsider the requirement that decks be set back 15 feet from Upland Buffers. The setback limits the size of decks on a number of the lots in the Enclave development. Staff presented the ordinance at the July Planning Commission meeting. The Commission was concerned of the unintended consequences of reducing the required setback and recommended denial. Following the Planning Commission review, the interested parties requested that the Commission consider a 10 foot setback. The Planning Commission recommended denial 5-1 on August 11. Staff presented to the Council on August 18 and the Council requested additional information. Staff intends to present the information at the September 1 meeting. B) Commercial connection fees — Planning staff provided information to Finance related to historical commercial connection fees and projections in the future. The Council discussed at the August 18 worksession and directed staff to prepare an amendment for review which would provide some credit for small businesses moving into existing buildings. Staff intends to present this information at the September 1 meeting. C) Watershed Dues Analysis — Planning staff prepared figures for the City Council's review at the August 18 special session related to establishing different stormwater utility fees for each watershed district so that residents of Elm Creek and Pioneer -Sarah Creek can pay the cost. The City Council requested additional information, which staff intends to prepare for the September 15 worksession. D) Cable Buildout Discussion — Planning staff has continued to assist with negotiations related to Mediacom's expansion in the City. E) Park at Fields of Medina Grand Opening — some Planning staff assisted with and attended the Grand Opening which was very well attended. Planning Department Update Page 2 of 2 September 1, 2015 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: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: August 28, 2015 RE: Department Updates Hiring Process We are moving forward on the replacement of Officer John Vinck's position. The deadline for the applications was Monday, August 24, 2015. The applications will be evaluated with the top candidates being invited back for a short interview and written test on September 9tn From there the candidates will have several more interviews, background check, and physical and physiological exam. A tentative start date would be in early November. With the departure of Officer Vinck, we are adjusting schedules to cover the street. The officers are doing a great job covering. I was notified last week that another officer will be out on medical leave for four to six weeks starting in the middle of October. It will be a busy fall. Prescription Drug Drop Off Site On August 4, 2015, Sheriff Stanek wrote a letter requesting that our police department consider being a drop off site for prescription drugs. Currently, the Sheriff's Department has seven drop off sites across Hennepin County; they are looking to increase the drop off sites to aid in the reduction of prescription drug abuse. Administrator Johnson and I met with County Sheriff Captain Haans Vitek on the details of the program. There is a cost of approximately $1000.00 for the container that would be installed in the police department lobby. There are currently disposal fees on top of that cost. Captain Vitek explained that after the first of the year, the disposal cost would go away due to the fact that the Hennepin County Incinerator in Minneapolis will begin taking the drugs for destruction. As this moves forward, I will keep the council updated. Long Lake Fire and Loretto Fire Budgets We received the calculations for the Long Lake Fire budget for 2016. It showed an increase of 7%. Chief Van Eyll explained that the increase was due to a drop in call hours for Long Lake and Orono and an increase in Medina. The increase was $1,727.00. Loretto is showing no increase for 2016. Safe and Sober Grant Our department has been notified that we have been awarded $25,200 from the Safe and Sober Grant program for the 2015/2016 grant year. This program is run by Sergeant Nelson. It has been a very successful program built on education and enforcement. The majority credit goes to all the officers that work these details. They make the streets safer. Patrol by Sergeant Jason Nelson Patrol Activities For the dates of August 11 to August 25, 2015, our officers issued 56 citations and 80 warnings for various traffic infractions. There were a total of four driving while impaired arrest, three traffic accidents, six medicals and 12 alarms. On August 14, 2015, Officers Jessen and Boecker were dispatched to the Medina Entertainment Center for a possible intoxicated driver. Upon arrival, it was found out that there was a wedding reception at the ballroom and that the DJ showed up to the event intoxicated. The bride called the DJ's company and they sent someone else out. The DJ admitted to moving his vehicle around the parking lot after the incident was subsequently arrested for DWI. On August 15, 2015, Officer Boecker was working a Safe N Sober detail in the City and stopped a vehicle for failing to signal its turn. The driver was found to not have a valid driver license and also had two outstanding warrants from Hennepin County for his arrest. The passenger was also found to be wanted by the Brooklyn Park Police Department for a shooting, and was arrested. On August 16, 2015, Officer Jessen responded to a reported domestic situation in the Holiday Parking lot off of Baker Park Road and Highway 12. It was discovered that the female who was driving was intoxicated and was arrested for DWI. On August 20, 2015, I assisted West Hennepin Public Safety on Highway 12 and County Road 92 with a personal injury accident involving a motorhome who struck another vehicle that was stopped waiting to turn. The male was airlifted to the hospital and succumbed to his injuries two days later. Alcohol was reportedly involved. The case is still being investigated. (Note: There were four fatalities in our area in three days around this incident; one in Corcoran the evening before and a double fatal accident in Orono the following day). In a two week span we did have two vehicle accidents that occurred at the end of Blackfoot Trail. Both involved youth drivers and speed. On August 22, 2015, Officers Boecker and Jessen were involved in a pursuit that started in Maple Grove and ended when the driver ran off the road in the City of Greenfield. Maple Grove did attempt to pit the vehicle at Highway 55 and County Road 116 but the driver, after losing its rear bumper, sped off. Officer Boecker clocked the vehicle west a short distance later in excess of 100 miles per hour. After the driver attempted to turn on to County Road 92 by the Holiday in Greenfield, the vehicle lost control and went into the grassy field. Officer Boecker and a West Hennepin Public Safety officer were able to use their vehicles and box the suspect in so that he could not reenter the roadway. Minor damage to the squad was reported. The driver was found to be intoxicated and is still in jail. On August 24, 2015, Officer Boecker responded to a one vehicle accident off County Road 24. The driver, who was extremely intoxicated, stated that he had swerved to miss a deer and that he ended up going into the ditch striking several trees. The passenger, who was also intoxicated, had minor facial injuries. The driver was transported to the hospital and Officer Boecker got a warrant for his blood. Case is pending the test results. Criminal Investigations by Investigator Charmane Domino Report of flags missing from a local business. Suspect remains unknown. Report of possible child pornography and distribution. Investigation to continue. Reserve officer background completed. Report and recommendation forwarded to Chief Belland. Vandalism report involving an unknown suspect possibly pouring sugar into a vehicle's gas tank. Open cases currently under investigation: 16 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: August 26, 2015 MEETING: September 1, 2015 SUBJECT: Public Works Update STREETS • Progress on the Hamel Road/Tower Drive project has been moving along. Utilities continue to be installed on Tower Drive and should be complete by the end of next week. Following the installation of utilities will be the road base, curb, and asphalt. Also, there is going to be work on the sidewalk/trail along Hamel Road in the upcoming weeks. The project is moving along as planned. It has been a long summer of construction for the residents, but in the end we will have a project to be proud of for years to come. • Public Works has been working on the Ardmore grant project that includes some street work as well as the storm water portion. WATER/SEWER/STORMWATER • Public Works has installed most of the storm water infrastructure on the Ardmore Storm Water project. Next we will be installing the tile and compost for the bottom of the pond, followed by seeding and stabilization. Curb is being staked, and PW will be sub - cutting and installing the base in preparation for the curb installation. As we expected, this is a big project to do as an extra, but my crew has stepped up and is doing an excellent job. • The drilling of well #8 has begun. Public Works installed a driveway for the contractor. This part of the project is to be complete around October 1st. Following the well being drilled, we will prepare plans and specs for the pump house, the well motor, and the controls. PARKS/TRAILS • The Park at Fields of Medina is almost complete. There are some trees to be planted in the fall and some work on the basketball court remaining. • Trail sealing has been completed along 101 and along Clydesdale Trail. It looks great and will help preserve the surface of the trail. MISCELLANEOUS • The brush chipper has completed his work and Public Works will be cleaning up and making room for all the fall leaves that will be coming in shortly. • As fall moves in, I will be looking for landowners or farmers to take some compost. We have an overabundance of it on site and we will need the space for the leaves. ORDER CHECKS August 19 , 2015 - September 1, 2015 43262 FAROOQI, ANNIE $250.00 43263 FREDERICKSON,JENNIFER $150.00 43264 LANDSCAPE STRUCTURES $58,430.00 43265 MCDOWELL, LAROSE $150.00 43266 ASIF, SHIRAZ $350.00 43267 HAMEL HAWKS BASEBALL $500.00 43268 HAYES, DEREK/MEGAN $56.39 43269 INDEPENDENT SCHOOL DIST 284 $150.00 43270 SHERRYL JOOS $150.00 43271 MCATHIE, DANIEL J. $66.26 43272 SCHLECHT, JULIE $6.29 43273 MN DVS $56.50 43274 AHLBRECHT,KAREN $35.69 43275 ASPEN MILLS INC $99.90 43276 BIFFS INC $647.08 43277 BLACKWELL, ERIC/MICHELE $2.68 43278 BOYER FORD TRUCKS INC $206.16 43279 C&C COURTS INC $29,831.53 43280 CARDIAC SCIENCE CORP $163.00 43281 CENTURYLINK $644.00 43282 CORNER HOUSE/INTERAGENCY CTR $1,082.60 43283 DESIGNING NATURE, INC. $1,490.00 43284 DIAMOND MOWERS INC. $276.31 43285 DPC INDUSTRIES INC $592.82 43286 ECM PUBLISHERS INC $158.30 43287 EGAN $393.75 43288 HARTMAN, MATTHEW $18.57 43289 HD SUPPLY WATERWORKS LTD $3,132.82 43290 HOLIDAY FLEET $731.50 43291 KD & COMPANY RECYCLING INC $165.75 43292 KUSTOM SIGNALS, INC. $195.58 43293 LANO EQUIPMENT INC $359.92 43294 LAW ENFORCEMENT LABOR $329.00 43295 LEXISNEXIS RISK DATA MGMT INC $38.50 43296 MADISON NATIONAL LIFE $598.61 43297 CITY OF MAPLE PLAIN $14.94 43298 MARCO INC $73.03 43299 METRO WEST INSPECTION $19,918.52 43300 NAPA OF CORCORAN INC $269.42 43301 NORTHERN TECHNOLOGIES INC $1,951.00 43302 OFFICE DEPOT $51.18 43303 OMANN BROTHERS PAVING INC $168,241.81 43304 SUMMIT COMPANIES $607.00 43305 SUN LIFE FINANCIAL $502.40 43306 TEGRETE CORP $1,358.64 43307 TIMESAVER OFFSITE $536.75 43308 WATER CONSERVATION $190.82 43309 WESTSIDE WHOLESALE TIRE $138.00 43310 XTREME MOBILE SMALL ENGINE $45.00 Total Checks $295,408.02 Electronic Payments August 14, 2015 - August 27, 2015 003293E FARMERS STATE BANK OF HAMEL $87.00 003294E MINNESOTA, STATE OF $3,073.00 003295E PREMIUM WATERS INC $35.64 003296E MINNESOTA, STATE OF $1,572.00 003297E AFLAC $394.88 003298E KONICA MINOLTA $168.48 003299E MARCO (LEASE) $1,066.18 003300E MEDIACOM OF MN LLC $219.90 003301E PR PERA $13,224.07 003302E PR FED/FICA $14,342.87 003303E PR MN Deferred Comp $1,930.00 003304E PR STATE OF MINNESOTA $2,982.17 003305E SELECT ACCOUNT $702.00 003306E CITY OF MEDINA $18.00 003307E FARMERS STATE BANK OF HAMEL $20.00 Total Electronic Checks $39,836.19 PAYROLL DIRECT DEPOSIT August 26, 2015 506614 ALTENDORF, JENNIFER L. $1,427.15 506615 BARNHART, ERIN A $1,865.68 506616 BELLAND, EDGAR J. $2,484.22 506617 BOECKER, KEVIN D. $2,537.43 506618 CONVERSE, KEITH A. $2,000.10 506619 DINGMANN, IVAN W. $1,644.32 506620 DOMINO, CHARMANE $1,730.48 506621 ENDE, JOSEPH $1,356.11 506622 FINKE, DUSTIN D $2,116.35 506623 GALLUP, JODI M. $1,590.31 506624 GLEASON, JOHN M $2,107.74 506625 GREGORY, THOMAS $1,808.20 506626 HALL, DAVID M $1,974.08 506627 JESSEN, JEREMIAH S. $2,392.88 506628 JOHNSON, SCOTT T $2,162.88 506629 KLAERS, ANNE M. $829.71 506630 LANE, LINDA $1,465.16 506631 LEUER, GREGORY J $2,170.04 506632 MCGILL, CHRISTOPHER R. $1,426.72 506633 NELSON, JASON $2,176.71 506634 PETERSON, DEBRA A. $1,545.17 506635 REINKING, DEREK M $1,481.43 506636 SCHERER, STEVEN T $2,225.71 506637 VIEAU, CECILIA M $1,165.45 506638 WENANDE, BRANDON S. $512.86 Total Payroll Direct Deposit $44,196.89