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HomeMy Public PortalAbout03.19.2019 Complete City Council Meeting Packet Posted 3/15/2019 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, March 19, 2019 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the March 5, 2019 Regular Council Meeting V. CONSENT AGENDA A. Approve 2019 Road Material and Equipment Bids B. Approve Street Sweeping Services Agreement with Carefree Services Inc. C. Appoint Public Works Foreman D. Approve Public Works Maintenance Technician Job Description and Authorize Recruitment E. Approve Planning/GIS Intern Job Description and Authorize Recruitment and Appointment F. Schedule Second Board of Appeal and Equalization Meeting for April 16th at 5:30 PM G. Approve Agreement with Kennedy & Graven H. Approve Sanitary Sewer Connection Agreement with Three Rivers Park District I. Approve Canadian Pacific Railway Agreement for Proposed Grade Crossing Extension J. Resolution Granting Conditional Use Permit Approval to Scott and Chantelle Theisen for Accessory Structures in Excess of 5,000 square feet at 3325 County Road 24 VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Police Policy 2042: Portable Audio/Video Recorders – Public Hearing B. Maxxon – 920 Hamel Road – Variance and Site Plan Review – Public Hearing C. Wally and Bridget Marx – 2800 Parkview Drive – Amended Conservation Design Subdivision PUD General Plan and Preliminary Plat VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN 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 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: March 14, 2019 DATE OF MEETING: March 19, 2019 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve 2019 Road Material and Equipment Bids – Public Works Director Steve Scherer has attached a memo that outlines the various bids that we received to provide road maintenance improvements in the City. Staff recommends approval of the road material and equipment bids as presented. See attached memo and bid results. B. Approve Street Sweeping Services Agreement – Staff recommends approval of the street sweeping services agreement with Carefree Services. See attached memo and agreement. C. Appoint Public Works Foreman – Council authorized the internal posting for the Public Works Foreman position to replace Ivan Dingmann when he retires on July 8, 2019. Staff interviewed two qualified internal candidates for the position and recommend appointing Derek Reinking. See attached memo. D. Approve Public Works Maintenance Technician Job Description and Authorize Recruitment – Staff recommends beginning the recruitment process to fill Derek Reinking’s soon-to-be vacant Public Works Maintenance position, as he moves into the Foreman position. Staff recommends approval of the job description and authorization to begin the recruitment process. See attached job description. E. Approve Planning/GIS Intern Job Description and Authorize Recruitment and Appointment – The City Council accepted the resignation of our last Planning Intern at the March 5th meeting. Staff requests approval of the job description and Council authorization to recruit and appoint a new Planning Intern to fill this vacant position. Staff recommends approval. See attached job description. F. Schedule Second Board of Appeal and Equalization Meeting for April 16th at 5:30 PM – The meeting will be to review Board of Appeal applications that were presented at the  2 April 3rd meeting without first contacting the City Assessor. Their applications will be heard on April 3rd, but no action will be taken until April 16th to allow time to investigate the request. No new appeals will be heard at the reconvened meeting on April 16th. Staff recommends approval. No attachments for this item. G. Approve Agreement with Kennedy & Graven – City Attorney Ron Batty has put together the attached letter outlining their services and fees for representation for the WW Farm and George S. Wessin lawsuit. Staff recommends approval. See attached letter. H. Approve Sanitary Sewer Connection Agreement with Three Rivers Park District – Staff recommends approval of the sanitary sewer connection agreement with Three Rivers Park District to ensure they are complying with city specifications with the construction of their four new restroom buildings and one new boat rental building. See attached agreement. I. Approve Canadian Pacific Railway Agreement for Proposed Grade Crossing Extension – Staff recommends approval of the agreement with the railroad to furnish and install the crossing surface panels for the Arrowhead Drive safety improvements. See attached memo and agreement. J. Resolution Granting Conditional Use Permit Approval to Scott and Chantelle Theisen for Accessory Structures in Excess of 5,000 square feet at 3325 County Road 24 – Council reviewed this item at the March 5th meeting and directed staff to prepare the attached resolution for approval. Staff recommends approval. See attached resolution. VII. NEW BUSINESS A. Police Policy 2042: Portable Audio/Video Recorders - Public Hearing – Minnesota State Statute requires a public hearing to receive public feedback on the portable audio/video recorders policy before implementing weapon cameras. If the Council approves the policy, staff requests that the city move forward with the purchase of 10 weapon cameras for our licensed officers at a cost of $6720. The funds for the purchase of the cameras would come from a $5000 donation made last year to the police department for police equipment and the remaining amount out police equipment forfeiture fund. See attached memo and policy. Recommended Motion: Adopt Police Policy 2042: Portable Audio/Video Recorders B. Maxxon – 920 Hamel Road – Variance and Site Plan Review – Public Hearing – Staff intended to present this item at the March 19 City Council meeting and announced that the City Council, in its role as the Board of Adjustments and Appeals, would hold a public hearing at the March 19 meeting. The applicant contacted staff and requested a delay in  3 the review. The applicant indicated that they are reviewing additional small adjustments to the plans; potentially adding an additional 4 feet to the building and removing additional hardcover elsewhere. See attached report. Potential Motion: Move to continue Public Hearing to April 16, 2019 meeting. C. Wally and Bridget Marx – 2800 Parkview Drive – Amended Conservation Design Subdivision PUD General Plan and Preliminary Plat – The property owners desire to shift one of the lots within the subdivision (Lot 2, Block 2; 2800 Parkview Drive). The proposal is to change the lot line between the lot and the conservation outlot which surrounds the lot. The resulting lot would be the same size but shifted approximately 50 feet to the northeast. The Planning Commission held a public hearing on the amendment to the CD- PUD and the preliminary plat at the March 12 meeting. No comments were received at the hearing. Planning Commissioners sought assurances that the grading for the trailhead would be provided as required in the original approval and recommended approval of the amendment to the CD-PUD and preliminary plat, subject to the conditions in the staff report. See attached report. Potential Motion: Direct staff to prepare documents approving the amendment to the CD-PUD and preliminary plat subject to conditions. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005000E-005019E for $70,807.43 and order check numbers 048555-048598 for $117,078.01 and payroll EFT 0509286-0509317 for $56,512.69. INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Meeting Minutes 1 March 5, 2019 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 5, 2019 3 4 The City Council of Medina, Minnesota met in regular session on March 5, 2019 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, DesLauriers, Martin, and Pederson. 10 11 Members absent: Anderson. 12 13 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 14 Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, 15 and Chief of Police Ed Belland. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20 The agenda was approved as presented. 21 22 IV. APPROVAL OF MINUTES (7:01 p.m.) 23 24 A. Approval of the February 19, 2019 Special City Council Meeting Minutes 25 Moved by Pederson, seconded by DesLauriers, to approve the February 19, 2019 26 special City Council meeting minutes as presented. Motion passed unanimously. 27 28 B. Approval of the February 19, 2019 Regular City Council Meeting Minutes 29 Martin noted that comments from herself have already been incorporated. 30 31 Moved by DesLauriers, seconded by Albers, to approve the February 19, 2019 regular 32 City Council meeting minutes as amended. Motion passed unanimously. 33 34 V. CONSENT AGENDA (7:02 p.m.) 35 36 A. Approve Renewal of Consumption and Display Permit for American Legion 37 Post 394 at 75 Hamel Road 38 B. Resolution No. 2019-09 Accepting Resignation of Planning Intern Nick 39 Kieser 40 C. Ordinance No. 642 Adopting an Amended Fee Schedule 41 D. Resolution No. 2019-10 Authorizing Publication of Fee Schedule Ordinance 42 by Title and Summary 43 E. Approve Closure of City Hall on Friday, July 5, 2019 44 Moved by Pederson, seconded by Albers, to approve the consent agenda. Motion 45 passed unanimously. 46 47 VI. COMMENTS (7:03 p.m.) 48 49 A. Comments from Citizens on Items not on the Agenda 50 There were none. 51 Medina City Council Meeting Minutes 2 March 5, 2019 1 B. Park Commission 2 Scherer reported that the Park Commission canceled their last meeting because of 3 snow. He stated that the Commission was scheduled to have a presentation from an 4 Eagle Scout on a dugout project. He stated that although it has been a struggle to keep 5 the trails open, they are open, and the sledding hill has been heavily used. 6 7 C. Planning Commission 8 Finke reported that the Planning Commission will meet the following week to hold public 9 hearings for an amended Conservation Design Planned Unit Development and 10 Preliminary Plat for the School Lake Preserve and a continuation of the rezonings to 11 become consistent with the 2040 Comprehensive Plan, specifically related to five 12 properties. He stated that the Commission will also consider an amended Site Plan 13 review and variance request related to the property at 920 Hamel Road, and an 14 amended Site Plan Review for Open Systems International. 15 16 VII. PRESENTATIONS 17 18 A. Fire Department Annual Reports (7:06 p.m.) 19 Chief Ruchti, Hamel Fire, thanked the Council for the ability to highlight the activity of 20 2018. He reviewed the number of calls the department responded to, both in Medina 21 and through mutual aid. He explained the benefit of duty vehicles, rather than 22 responding to every call with the large rigs. He reviewed the number of service, training, 23 and business activity hours for the members of the department during 2018. He stated 24 that in 2018 the department hired one new member, promoted two probationary 25 members, completed cancer awareness training and implemented new procedures and 26 equipment. 27 28 DesLauriers asked if any members were lost to retirement or moving. 29 30 Ruchti replied that one member was lost to retirement and one member moved out of 31 Medina. 32 33 DesLauriers referenced the duty officers and asked for details on how that works, using 34 the example of a night call and whether everyone is paged or whether the duty officer is 35 paged and makes the call on whether to page additional members. 36 37 Ruchti replied that last fall only the duty crew was paged. He stated that under the 38 current model, everyone receives the call and if only the duty crew is needed, that would 39 be included in the message to the other members. He estimated that there were about 40 40 duty calls out of the 191 calls the previous year. 41 42 Chief Van Eyll, Long Lake Fire, stated that the full report includes the number of calls for 43 the year and more detailed information. He highlighted the new fire engine which was 44 purchased in 2018 and thanked Medina for their participation. He stated that in the past 45 year there were two members that completed the probation period and hired one new 46 recruit. He stated that four members retired in 2018, with a total of about 70 years of 47 experience and they are hard to replace. He stated that daytime response continues to 48 be a focus. He noted a local boot hockey tournament for fire departments and advised 49 that Long Lake took first place two years in a row. He highlighted some of the 50 fundraising and volunteer activities that the department participates in. He reviewed 51 Medina City Council Meeting Minutes 3 March 5, 2019 some of the 2019 events including the pancake breakfast, annual 5k, fire department 1 open house, and toy and food drive. 2 3 Pederson asked the best thing the department could do to reduce the risk of cancer for 4 firefighters. 5 6 Van Eyll replied that the awareness training described by Ruchti is the best thing that 7 can be done. He noted that all departments are following similar processes and have 8 implemented those types of procedures to be more aware in an attempt to reduce the 9 risk of cancer. 10 11 Assistant Chief Ryan, Loretto Fire, stated that there are currently 30 firefighters and 12 reviewed the composition of the department. He reviewed the number of calls that the 13 department responded to, noting that 14 percent of those calls were in Medina. He 14 reviewed the types of calls that the department responds to, including mutual aid 15 response and assistance. He reviewed the number of service hours for the members in 16 2018 including administrative, training, public events, station and equipment 17 maintenance, and call response. He advised of the pancake breakfast which will take 18 place in April. He appreciated the ability to serve Medina. 19 20 Albers asked how many firefighters the department needs to be effective on average. 21 22 Ryan replied that it would depend on how an organization is run. He stated that their 23 department can have up to 35 firefighters and is currently at 30. 24 25 Chief McCoy, Maple Plain Fire, thanked the Council for the ability to speak tonight, 26 noting that it is a pleasure to work with the other three departments. He stated that the 27 Council received the full packet of details. He stated that his department serves a small 28 portion of Medina and responded to 13 calls in Medina in 2018. He highlighted activities 29 of 2018 including the purchase of a new tanker truck, received a grant to purchase a 30 turnout gear dryer, received a grant to purchase grain bin rescue equipment, hosted the 31 first annual firefighter recruitment night, implemented a command officer vehicle, began 32 a fire inspection program, and continued the fire expansion discussion with Maple Plain. 33 He highlighted the annual awards night which will take place on March 18th. 34 35 Pederson thanked Maple Plain for the ladder truck as it is used often in mutual aid calls. 36 37 DesLauriers asked why the ratio for fire calls is higher in Maple Plain. 38 39 McCoy stated that his department codes in three different categories and any fire alarm 40 calls are also coded into the fire category. He noted that other departments may have 41 more categories. 42 43 VIII. NEW BUSINESS 44 45 A. Toll MN L.P. – 764 Aster Road – Easement Vacation Request – Public 46 Hearing (7:32 p.m.) 47 Finke presented a request to vacate a portion of an easement on the subject property 48 and replace that with a new easement three feet to the north, which would allow for a 49 larger footprint for a deck. He stated that staff spoke with the property owner on the 50 options for this lot, noting that the easement is 20 feet and runs through the middle of the 51 Medina City Council Meeting Minutes 4 March 5, 2019 yard. He stated that public works believes that the easement could be shortened and 1 would still provide the necessary access for the pipe and drainage. He stated that staff 2 noticed for a public hearing and recommended that the Council hold that hearing before 3 taking action. 4 5 Martin opened the public hearing at 7:34 p.m. 6 7 No comments made. 8 9 Martin closed the public hearing at 7:34 p.m. 10 11 1. Resolution No. 2019-11 Vacating a Portion of the Drainage and 12 Utility Easements within 764 Aster Road 13 Moved by Pederson, seconded by Albers, to adopt Resolution No. 2019-11 Vacating a 14 Portion of the Drainage and Utility Easements within 764 Aster Road. Motion passed 15 unanimously. 16 17 B. Commercial-Neighborhood Zoning District Standards (7:35 p.m.) 18 Finke stated that this discussion came about because of the proposed rezoning of 19 properties to become consistent with the Comprehensive Plan, specific to certain 20 properties near Meander Road. He stated that there were concerns with the potential 21 impact to the adjacent residential properties, should the properties in discussion become 22 zoned Commercial Highway. He stated that the decision was made that Commercial-23 Neighborhood would be a better fit and potential changes were proposed for the zoning 24 district. He stated that currently there is no property zoned Commercial-Neighborhood 25 and therefore changes made to the district would not have impacts on existing 26 properties. He stated that it is recommended to remove auto repair from the list of 27 allowed uses, to allow existing single-family homes to exist as an interim use, and to 28 increase the buffer requirements. He stated that the Planning Commission held a public 29 hearing the previous month and recommended unanimous approval. 30 31 Martin referenced language proposed to be removed and asked if that was removed 32 because it is listed in another area. 33 34 Finke confirmed that language seemed repetitive and that is why it was removed. 35 36 1. Ordinance No. 643 Amending the Regulations of the Commercial- 37 Neighborhood Zoning District; Amending Chapter 8 of the City Code 38 Moved by Albers, seconded by Pederson, to adopt Ordinance No. 643 Amending the 39 Regulations of the Commercial-Neighborhood Zoning District; Amending Chapter 8 of 40 the City Code. Motion passed unanimously. 41 42 2. Resolution No. 2019-12 Authorizing Publication of Ordinance No. 43 643 by Title and Summary 44 Moved by Pederson, seconded by DesLauriers, to adopt Resolution No. 2019-12 45 Authorizing Publication of Ordinance No. 643 by Title and Summary. Motion passed 46 unanimously. 47 48 C. Rezoning for Consistency with 2040 Comprehensive Plan (7:41 p.m.) 49 Finke stated that the City went through an extensive process to update its 50 Comprehensive Plan, as required by State law. He stated that through that process the 51 Medina City Council Meeting Minutes 5 March 5, 2019 Comprehensive Plan was formulated and adopted by the City Council. He stated that 1 the plan established future land uses based on the goals and objectives for the 2 community, and the zoning regulations must now become consistent with the 3 Comprehensive Plan. He stated that the City is required to have the official controls 4 updated to be consistent with the Comprehensive Plan within nine months of adoption of 5 the Comprehensive Plan. He stated that staff reviewed the zoning of properties and 6 identified properties that would need to be rezoned for consistency. He reported that the 7 Planning Commission held public hearings in December and February related to those 8 specific properties. He began in the northwest portion of Medina, which includes five 9 properties proposed for future development that were previously zoned for Rural 10 Business Holding (RBH). He stated that staff suggested changing the zoning to Rural 11 Residential Urban Reserve (RRUR), as the staging for the properties has been delayed. 12 He stated that a property owner spoke at the public hearings and requested that his 13 property be left in RBH. He stated that those five properties have been pulled from the 14 list and the Planning Commission will continue discussion on those properties at their 15 next meeting. 16 17 Martin confirmed that there were no comments from the Council on those properties. 18 19 Finke moved to the next section of properties proposed to change to Rural Residential 20 (RR) as those properties have been removed from the MUSA. He noted that two of the 21 properties were actually requested to change to RR at the request of the property 22 owners. He stated that four properties will change to Rural Business Holding from Mixed 23 Use and Business Park. 24 25 Martin confirmed that the Council did not have comments. 26 27 Bill Griffith, spoke in representation of Mark Smith of Mark of Excellence Homes, noting 28 that he does not have an objection. He stated that Mr. Smith and his development team 29 have been working on parcel 30 and the property north which would include a mixed 30 residential development. He asked whether the Council would want to defer the 31 rezoning of that parcel until the Concept Plan is presented. 32 33 Martin asked the current zoning of parcel 30. 34 35 Finke replied that property is currently guided Rural Residential Urban Reserve, as it 36 was previously guided for mixed use. He stated that if a residential development 37 proposal comes forward for parcel 30, it would require a rezoning regardless of the 38 current zoning or the proposed change. He stated that the zoning must be consistent 39 with the Comprehensive Plan by May and even if a proposal moves forward for parcel 40 30, the review process would exceed that timeline and therefore recommends that the 41 Council continue with the rezoning. 42 43 DesLauriers stated that by approving the current zoning, the City would meet its legal 44 obligation and the applicant could still request a rezoning. 45 46 The Council confirmed consensus. 47 48 Mr. Cates stated that he has three parcels of land, one of which is parcel 23 and then 49 two adjacent parcels. He stated that he has owned these three prime platted and 50 subdivided pieces of property for many years. He stated that the parcels are all along 51 Medina City Council Meeting Minutes 6 March 5, 2019 the Highway 55 corridor and he objects to the future stating of his property in the 1 Comprehensive Plan. He stated that the City is reviewing a request to rezone his 2 property to rural, even though it was previously zoned as urban. He was unsure why his 3 development rights were taken away. He stated that his family has given a large amount 4 of land to the City of Medina to accommodate the request to relocate Chippewa Road 5 and in return he was granted development rights to his land at any time in the future. He 6 stated that there are no other large properties left for development along Highway 55 7 and his property was assessed for the lights on Willow. He stated that he had an 8 agreement with the City of Medina and feels that his rights have been taken away from 9 him. He stated that he will be submitting a request to amend the Comprehensive Plan. 10 11 Martin stated that tonight they are looking to rezone parcel 23, which is the smaller of the 12 three parcels. 13 14 Cates stated that as proposed, it would be 20 years before he could develop. He stated 15 that all the utilities have been brought to his property and he was told when he 16 subdivided his property to allow for the road, he would be able to develop his property. 17 He confirmed that he will submit his proposal to amend the Comprehensive Plan. 18 19 Martin explained that it would be difficult to go back tonight to the Comprehensive Plan 20 discussion, as there were many public meetings prior to finalizing that plan. She 21 thanked Mr. Cates for his input and looked forward to reviewing this request. 22 23 Finke shifted to the southwest corner of the City, with four properties proposed to be 24 rezoned which includes a parcel proposed for Public/Semi-Public for the parcel owned 25 by Three Rivers Park District. He stated that parcels 32 and 34 are proposed for R-4, 26 because those properties have improvements and are staged for development with 27 parcel 31 to be zoned RRUR as it is a vacant parcel not staged for immediate 28 development. He stated that there were comments from the property owner of parcel 29 34, with concerns related to the ability to develop that parcel at that density. He stated 30 that the Planning Commission recommended that the Council look at possibly reducing 31 the density for parcels 32 and 34, through a Comprehensive Plan amendment, but also 32 recommended rezoning the parcels at this time to ensure compliance with the 33 Comprehensive Plan prior to the May deadline. 34 35 DesLauriers stated that Mr. Palm has been before the Council multiple times. He noted 36 that the parcel is currently zoned for 12 to 15 units per acre and the request would be to 37 lower the density. He was unsure that would meet the requests of the landowner over 38 the past 18 months. 39 40 Martin stated that the request in the past was to rezone at a higher density for a specific 41 development but perhaps the thoughts of the landowner have changed. 42 43 Larry Palm, 1432 and 1400 County Road 29, stated that in the past they were looking for 44 higher density for memory care but unfortunately with the timing of the Comprehensive 45 Plan there is already a competitor across the street. He stated that his site is two acres 46 in size and the current home on the site is in disrepair and will remain vacant until 47 development occurs. He stated that when he developed the retail site, he was asked to 48 bring utilities to the properties. He stated that this would ask him to go into the market 49 with only one product for his two-acre site and would not provide any flexibility. He 50 stated that he has been before the City multiple times and has been sent out the door 51 Medina City Council Meeting Minutes 7 March 5, 2019 because of Comprehensive Plan or zoning issues. He stated that he spent a 1 considerable amount of time getting the memory care land use recognized only to have 2 that option taken off the table. 3 4 Martin stated that she would be hard pressed not to adopt zoning that would be 5 consistent with the Comprehensive Plan. She stated that perhaps a new application 6 would bring forward a new request, as she would be unsure what else to zone the 7 property to without a request. 8 9 Palm stated that in all the discussions he has attended, all three parcels were treated the 10 same and now his two properties are spelled out differently than the adjacent parcel to 11 the north. 12 13 Martin asked if there could be consistency with parcels 32, 34, and 31 and still remain 14 compliant with the Comprehensive Plan. 15 16 Finke stated that the difference is the staging. He noted that RRUR is used for future 17 development properties that are vacant and parcels 32 and 34 are proposed for R-4. 18 19 Martin stated that it would seem that all three properties would be considered as a group 20 of properties that are more likely to be developed together and therefore it would seem 21 to make sense that all three are zoned the same. 22 23 Finke stated that it is his impression that the City preferred a 2018 staging for the 24 property but was not permitted to do so by the Metropolitan Council. He stated that 25 perhaps the enforcement mechanism is not as important and 31 could also be staged R-26 4. 27 28 Palm noted that would solve his issue with consistency. He stated that at the Planning 29 Commission meeting there was discussion on reducing the density requirement. 30 31 Finke confirmed that was discussed at the Planning Commission. He stated that the 32 residential language in the Comprehensive Plan allows some flexibility (-10 to +20 33 percent). He stated that if that were incorporated into the zoning designation it would not 34 be inconsistent with the Comprehensive Plan. He explained that could not be done 35 tonight, the Council would need to amend the zoning district language. 36 37 Martin stated that she feels that the Palms have been in a difficult situation for a long 38 period of time and the City attempted to move with the Palms. She stated that as long 39 as the City can be in compliance with the Comprehensive Plan and move in the same 40 direction as the Palms, she would be in agreement. 41 42 Pederson stated that he would also agree. 43 44 Palm stated that he would want to widen the density to provide additional flexibility in the 45 options of what could be developed. 46 47 Martin suggested that the three parcels be rezoned to R-4 and then the next step would 48 be to amend the R-4 district in the future to incorporate that density flexibility. She 49 confirmed the consensus of the Council. 50 51 Medina City Council Meeting Minutes 8 March 5, 2019 Finke referenced the northeastern portion of the City, noting that properties one through 1 five and 11-19 were previously designated for Low Density or Mixed Use and would 2 recommend rezoning to RRUR, R-3, or R-4. He noted that one written comment was 3 received with the future land use proposed, specifically the multi-family housing that 4 could be developed within Mixed Use. He reviewed additional properties that would be 5 proposed for R-3 or R-4, as the Mixed Use district is being removed throughout Medina. 6 He reviewed two properties that were proposed to change to Commercial Highway but 7 due to concerns from the adjacent neighborhood, that is proposed to be changed to 8 Commercial Neighborhood. 9 10 Martin confirmed that there were no additional comments from the Council or public on 11 those proposed rezonings. 12 13 1. Ordinance No. 644 Amending the Official Zoning Map to Rezone 14 Various Properties for Consistency with the 2040 Comprehensive 15 Plan 16 Moved by DesLauriers, seconded by Albers, to adopt Ordinance No. 644 Amending the 17 Official Zoning Map to Rezone Various Properties for Consistency with the 2040 18 Comprehensive Plan, including the rezoning of parcel 31 to R-4. Motion passed 19 unanimously. 20 21 2. Resolution No. 2019-13 Authorizing Publication of Ordinance No. 22 644 by Title and Summary 23 Moved by DesLauriers, seconded by Pederson, to adopt Resolution No. 2019-13 24 Authorizing Publication of Ordinance No. 644 by Title and Summary. Motion passed 25 unanimously. 26 27 D. Theisen – 3325 County Road 24 – Conditional Use Permit for Construction 28 of Accessory Structures Exceeding 5,000 Square Feet (8:29 p.m.) 29 Finke presented a request for a Conditional Use Permit, explaining that the RR district 30 allows for up to two accessory structures with an aggregate footprint of 5,000 square 31 feet. He stated that this request would include an indoor riding building, future storage 32 building, and two lean-to structures. He stated that the property is currently vacant and 33 the structures would be built in conjunction with the home on the site, which is 19 acres 34 in size. He reviewed the adjacent property uses and noted that this property will share a 35 driveway with the property to the west, as is a condition of the lot split that previously 36 occurred. He reviewed the architectural requirements and storm water requirements 37 through the Conditional Use Permit. He reported that the Planning Commission held a 38 public hearing on February 12th and there was a concern from the property owner on the 39 12th, asking that there be landscaping to break up the mass of the structure or a change 40 in colors. He stated that the Planning Commission recommended unanimous approval 41 of the request subject to the conditions in the staff report. 42 43 Martin stated that this would be a very large structure to impose, and if she were the 44 neighboring property owner, she would have concern with what she would look at on the 45 property line. She asked if there was discussion on how to mitigate the impact of the 46 structure in the view corridor of the neighboring property. 47 48 Finke stated that the Planning Commission had less concern and had the opinion that a 49 horse barn could be expected on rural properties. He noted that there is an indoor riding 50 Medina City Council Meeting Minutes 9 March 5, 2019 barn the same size two properties away from this property. He stated that any indoor 1 riding arena would be a similar size or larger. 2 3 Martin stated that she appreciates that the full use of the property speaks to the rural 4 character of Medina. 5 6 DesLauriers stated that the only location for a home on the other lot would be the back. 7 8 Finke stated that the topography of the adjacent property is higher. He stated that the 9 properties to the east sit lower and are screened with woodlands. He stated that it would 10 be difficult to screen a structure with the topography. 11 12 Albers stated that he drives by the property multiple times a day and this would be set 13 back a fair amount from CR 24 and therefore would blend into the property. He did not 14 have concerns. 15 16 Pederson stated that this is a rural area and therefore would be an expected structure. 17 He stated that perhaps more earth tone colors would be less intrusive for the neighbor. 18 19 DesLauriers stated that one comment from the Planning Commission related to 20 screening is that it would make sense to add trees on the neighboring property as that 21 property has a higher elevation. 22 23 Scott Theisen, 1950 Meadowoods Trail, stated that he has met with the neighboring 24 property owners and there were comments related to the roof of the barn and whether 25 that would be reflecting. He stated that they have made the decision for the color of the 26 roof to be gray, which is agreeable to the representatives from the neighboring estate. 27 He stated that they are amenable to looking at planting trees, post construction, if it does 28 not impede with the land and pasture and as long as the neighboring estate is willing to 29 fully fund the planting of the trees. He believed that perhaps six to eight trees could help 30 to buffer and would not impede on the pasture. He stated that the sellers owned both 31 parcels and they closed in November on their lot. He stated that there were no concerns 32 at the closing process on how the structures for their lot would impact the remaining lot 33 three. He stated that it was unusual then that the people that sold them their lot would 34 then come back with concerns for the impacts of the remaining lot they own. He stated 35 that they have met the requirements of the CUP and the watershed district and will be 36 building structures valued at a substantial amount of money. He stated that they had not 37 been made aware of concerns of the sellers directly until after 11:00 a.m. today. He 38 stated that they are willing to work in good faith to the extent that it also meets their 39 approval and does not impede on their land. 40 41 Bill Coolman, VP at Security Bank and Trust, stated that their hope is to sell lot three and 42 therefore they are anticipating concerns that may arise in the future by a potential buyer 43 of lot three. He stated that they are not objecting to the structure and are simply asking 44 if there can be any mitigation. He stated that they have agreed that they would fund 45 $8,000 to $10,000 worth of trees once the property is graded and built in order to 46 determine where trees could provide mitigation as there is only one building site on lot 47 three. He stated that he is comfortable with the agreement that was reached today and 48 does not have an objection to the size of the structure. 49 50 Medina City Council Meeting Minutes 10 March 5, 2019 Martin stated that it sounds like both parties are amenable to the agreement. She stated 1 that she lives in a similar situation and the presence of trees on both properties, although 2 more on her higher property, provides mitigation. She stated that it is a pretty view to 3 look out on a barn. She believed that if both property owners work together that will 4 create great character. She liked the idea that the property owners worked together to 5 reach an agreement. 6 7 Roland Aberg, 3175 CR 24, stated that he is also part of the trust and lives adjacent to 8 lot three. He stated that he has no concern from his property. He asked the mechanism 9 for how they work together on this, whether the property owners work together or 10 whether a check-in with the City would be needed. He confirmed that this would look 11 pastoral from CR 24 but noted that the concern would be that lot three only has one 12 building site. He stated that he was part of the process for laying out how the lots would 13 be created to create five contiguous acres of land per lot. He stated that there are very 14 awkward lines for the lots in order to meet the rules. He stated that perhaps in the future 15 once you determine there would be three lots, perhaps the lines could be adjusted better 16 to create better shaped lots. 17 18 Martin appreciated the comments about the lot arrangement and noted that those could 19 be taken into account in future discussions. She stated that she is hearing that the 20 partnership that owns lot three is willing to contribute $10,000 towards the planting of 21 trees but was unsure if the Thiesens were willing to plant that number of trees. 22 23 Aberg stated that they would retract on the number and perhaps plant larger trees 24 instead. He stated that once the building is built, they will all think together to determine 25 how trees would best fit. He asked if that is done between the two parties or whether the 26 details would be spelled out by the City. 27 28 Martin stated that the concept could be done between the two property owners or could 29 be done with a general statement being incorporated into the approval. 30 31 Batty stated that this might be a case of having the parties work out an informal 32 landscape plan to determine where the trees would be. He stated that the CUP could be 33 issued subject to the conditional form of the landscaping plan. 34 35 Coolman stated that in the spirit of their conversations they do not want to hold up the 36 applicant’s plans and there is adaption once the grading is completed therefore, they 37 would not have a plan for tree placement at this time. He believed that it would be better 38 for the agreement to be looser. 39 40 Martin stated that the City would be fine with the “handshake” agreement between the 41 property owners. 42 43 Batty agreed that would make sense because it appears that the tree placement is not 44 known. He stated that the City would want to avoid becoming involved in a future 45 landowner dispute. 46 47 Coolman stated that both parties are willing to go forward in good faith and were simply 48 advising the Council of the financial contribution towards trees that the partnership is 49 willing to contribute. 50 51 Medina City Council Meeting Minutes 11 March 5, 2019 Moved by Pederson, seconded by DesLauriers, to direct staff to prepare a resolution 1 approving the CUP, subject to the conditions noted in the staff report. Motion passed 2 unanimously. 3 4 E. Raskob – 3240 Carriage Drive – RR1 Side Yard Setback Request (9:02 p.m.) 5 Finke presented a request to reduce the side yard setback from 50 feet to 20 feet for 6 properties over five acres in the RR1 zoning district. He stated that this change would 7 only apply to three properties. He stated that the Planning Commission held a public 8 hearing on February 12th and recommended unanimous approval. 9 10 1. Ordinance No. 645 Amending the Side Yard Setback Requirement of 11 the Rural Residential 1 Zoning District; Amending Chapter 8 of the 12 City Code 13 Moved by Pederson, seconded by DesLauriers, to adopt Ordinance No. 645 Amending 14 the Side Yard Setback Requirement of the Rural Residential 1 Zoning District; Amending 15 Chapter 8 of the City Code. Motion passed unanimously. 16 17 2. Resolution No. 2019-14 Authorizing Publication of Ordinance No. 18 645 by Title and Summary 19 Moved by DesLauriers, seconded by Pederson, to adopt Resolution No. 2019-14 20 Authorizing Publication of Ordinance No. 645 by Title and Summary. Motion passed 21 unanimously. 22 23 IX. OLD BUSINESS 24 25 A. Resolution No. 2019-15 Granting Extension of Time to Record the Woods of 26 Medina Plat; Amending Resolution No. 2018-44 (9:06 p.m.) 27 Johnson noted that Pederson is recusing himself from this vote because he has an 28 interest in the property. He noted that typically this item would appear on the Consent 29 Agenda. 30 31 DesLauriers asked the length of the extension. 32 33 Martin confirmed this would be a one-year extension. 34 35 Moved by Albers, seconded by DesLauriers, to adopt Resolution No. 2019-15 Granting 36 Extension of Time to Record the Woods of Medina Plat; Amending Resolution No. 2018-37 44. Motion passed unanimously. 38 39 Pederson rejoined the Council. 40 41 X. CITY ADMINISTRATOR REPORT (9:07 p.m.) 42 Johnson requested that the March 19th worksession begin at 6:30 p.m. rather than 6:00 43 p.m. as there is only one item on the agenda. 44 45 Moved by Pederson, seconded by DesLauriers, to change the start time of the March 46 19, 2019 worksession from 6:00 p.m. to 6:30 p.m. Motion passed unanimously. 47 48 Johnson noted that the second Uptown Hamel meeting will take place the following night 49 on Wednesday at 5:00 p.m. 50 51 Medina City Council Meeting Minutes 12 March 5, 2019 XI. MAYOR & CITY COUNCIL REPORTS (9:08 p.m.) 1 DesLauriers stated that he attended multiple fire meetings the previous day to hear 2 recaps from 2018 and plans for 2019. 3 4 5 XII. APPROVAL TO PAY THE BILLS (9:09 p.m.) 6 Moved by DesLauriers, seconded by Albers, to approve the bills, EFT 004981E-7 004999E for $66,444.72 and order check numbers 048494-048554 for $167,105.65 and 8 payroll EFT 0509259-0509285 for $54,152.50. Motion passed unanimously. 9 10 XIII. ADJOURN 11 Moved by DesLauriers, seconded by Albers, to adjourn the meeting at 9:10 p.m. Motion 12 passed unanimously. 13 14 15 16 __________________________________ 17 Kathy Martin, Mayor 18 Attest: 19 20 ____________________________________ 21 Jodi M. Gallup, City Clerk 22 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: March 12, 2018 MEETING DATE: March 19, 2018 SUBJECT: 2019 Road Material & Equipment Bids It is my recommendation that we accept the following low bids in red (all other companies and their bids are shown in blue) on the attached City of Medina 2019 Road Material & Equipment Bid results spreadsheet (EXHIBIT A), using them whenever possible. However, there may be scheduling or availability complications, as well as distance issues at times, that may require the City to use the second lowest bid: • Bituminous Mixtures for paving and patching roads (#1 & #2) • Omann Brothers Paving Inc (picked up or placed on city streets) • Bituminous Mixtures for paving and patching roads (#3) • Omann Brothers Paving Inc. (placed on city streets) • Tiller Corporation (picked up) • Bituminous Mixtures for paving and patching roads (#4) • Omann Brothers Paving Inc. (picked up or placed on city streets) • Bituminous Mixtures for paving and patching trails (placed on city trails) (#5) • Omann Brothers Paving Inc. • Bituminous Fine Mix/Sand Mix (#6) • Omann Brothers Paving Inc. (picked up) • No bids for delivered to site • Bituminous Integral Curb Installation (#7) • Omann Brothers Paving Inc. • Milling of Bituminous Surface (which includes Milling Removal) (#8) • Omann Brothers Paving Inc. (all depths) • Miscellaneous Milling Services (#9) • Omann Brothers Paving Inc. • Reclaim Roadway (#10) • Midwest Asphalt Services (all depths) • Sealcoating/Installed CRS-2 Liquid Asphalt (#11A & #11B) • Pearson Brothers Inc. (all sq. yards) Agenda Item # 5A 2 • Curb Installation (#12 & #13) • Schmidt Curb Company • Crushed Limestone (delivered to site) (#14) • Bryan Rock Products, Inc. • Crushed Limestone (delivered to site) (#15 & #16) • Kraemer Mining and Materials • Clean Crushed Limestone (delivered to site) (#17) • Bryan Rock Products, Inc. • Crushed Recycled Material-Bituminous (#18) • KD Landscape Supply and Recycling (picked up) • Bryan Rock Products, Inc. (delivered to site) • Class 5 Gravel (delivered to site) (#19) • No bids • Winter Sand (delivered to site) (#20) • No bids • Clean Crushed Limestone Chips (delivered to site) (#21) • Bryan Rock Products, Inc. • Granite or Trap Rock (#22) • No bids • Rip Rap (delivered to site) (#23) • Kraemer Mining and Materials • Equipment Rental (#24) • Omann Brothers Paving Inc. • Equipment Rental (#25) • Omann Brothers Paving Inc. • Equipment Rental (#26) • No bids • Equipment Rental (#27) • Omann Brothers Paving Inc. • Miscellaneous Equipment (listed in Additional Remarks section) • Omann Brothers Paving Inc. ITEMS #1-10 - ROAD MATERIAL AND EQUIPMENT BIDS – 2019 COMPANY #1 MN-D.O.T. SPNWB230(B) MIX #2 MN-D.O.T. SPNWB330(B) MIX # 3 MN-D.O.T. SPWEB240(B) MIX #4 MN-D.O.T. SPWEB340(C) MIX #5 MN-D.O.T. SPWEA240(B) MIX #6 BITUMINOUS FINE MIX/SAND MIX #7 BITUMINOUS INTEGRAL CURB INSTALLATION #8 MILL BITUMINOUS SURFACE AT DEPTH PER SQ YD (INCLUDING MILLING REMOVAL) #9 MISCELLANEOUS MILLING SERVICES AT PER HOUR RATE #10 RECLAIM ROADWAY AT DEPTH PER SQUARE YARD KD LANDSCAPE SUPPLY & RECYCLING Picked up______________ Del. To site_____________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Place on City Trails $___________/ton Picked up________ Del to site________ Installation Price $_______/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd BRYAN ROCK PRODUCTS, INC Picked up______________ Del. To site_____________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Place on City Trails $___________/ton Picked up_________ Del to site_________ Installation Price $_______/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd KRAEMER MINING AND MATERIALS Picked up______________ Del. To site_____________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Place on City Trails $___________/ton Picked up_________ Del to site_________ Installation Price $_______/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd TILLER CORPORATION Picked up___53.85______ Del. To site_____________ Placed on city streets_____ Picked up___53.45______ Del to site______________ Placed on city streets_____ Picked up__52.15_______ Del to site______________ Placed on city streets_____ Picked up___59.75______ Del to site______________ Placed on city streets_____ Place on City Trails $___________/ton Picked up_________ Del to site_________ Installation Price $_______/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd SCHMIDT CURB COMPANY Picked up______________ Del. To site_____________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Place on City Trails $___________/ton Picked up_________ Del to site_________ Installation Price $_______/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd ALLIED BLACKTOP Picked up______________ Del. To site_____________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets _____ Picked up______________ Del to site______________ Placed on city streets_____ Place on City Trails $___________/ton Picked up_________ Del to site_________ Installation Price $_______/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd GMH ASPHALT CORPORATION Picked up______________ Del. To site_____________ Placed on city streets_86.07 Picked up______________ Del to site______________ Placed on city streets_86.97 Picked up______________ Del to site______________ Placed on city streets_85.23 Picked up______________ Del to site______________ Placed on city streets_94.42 Place on City Trails $__155.00____/ton Picked up_________ Del to site_________ Installation Price $___/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd OMANN BROTHERS PAVING INC. Picked up___52.50_______ Del. To site_____________ Placed on city streets 73.25_ Picked up___52.50______ Del to site______________ Placed on city streets_73.25____ Picked up___53.00______ Del to site______________ Placed on city streets__73.25___ Picked up_58.50__________ Del to site______________ Placed on city streets_78.75____ Place on City Trails $_93.50_____/ton Picked up__81.00___ Del to site_________ Installation Price $__5.00___/Lin Ft 0-2” Depth $___1.75___/SqYd 2-4” Depth $__2.50____/SqYd 4-6” Depth $___4.20__/SqYd *500 Mobilization Fee Width of Machine _60”______ Per hour rate ___$475______ Mobilization fee $___500____ 0-2” Depth $_3.50______/SqYd 2-4” Depth $___3.50____/SqYd 4-6” Depth $__3.50_____/SqYd *500 Mobilization Fee *Includes grading MISC - $350/Hr. Reclaim Fee PEARSON BROS. INC. Picked up______________ Del. To site_____________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Picked up______________ Del to site______________ Placed on city streets_____ Place on City Trails $___________/ton Picked up_________ Del to site_________ Installation Price $_____/Lin Ft 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd Width of Machine ________ Per hour rate ___________ Mobilization fee $________ 0-2” Depth $________/SqYd 2-4” Depth $________/SqYd 4-6” Depth $________/SqYd MIDWEST ASPHALT SERVICES Picked up______________ Del. To site_____________ Placed on city streets_104.00__ Picked up______________ Del to site______________ Placed on city streets__104.00__ Picked up______________ Del to site______________ Placed on city streets_104.00____ Picked up______________ Del to site______________ Placed on city streets_112.00____ Place on City Trails $__185.00___/ton Picked up_________ Del to site_________ Installation Price $___7.50____/Lin Ft 0-2” Depth $_3.40____/SqYd 2-4” Depth $__4.80____/SqYd 4-6” Depth $__6.25____/SqYd *1,500 Mobilization Fee Width of Machine ___84”____ Per hour rate $750, 4 Hr. Min_ Mobilization fee $_1,500___ 0-2” Depth $__0.62_____/SqYd 2-4” Depth $__0.70_____/SqYd 4-6” Depth $__1.00_____/SqYd *1,000 Mobilization Fee “Cut and Dump” only- no grading EXHIBIT A ITEMS #11A-23 - ROAD MATERIAL AND EQUIPMENT BIDS - 2019 COMPANY #11A SEALCOATING INSTALLED CRS-2 LIQUID ASPHALT @.27Gal/SqYd 1/8” Trap rock@25#/SqYd #11B SEALCOATING INSTALLED CRS-2 LIQUID ASPHALT @.30 Gal/SqYd FA2 Granite @28#/SqYd #12 CURB INSTALLATION MN- D.O.T. D424 #13 CURB INSTALLATION MN-D.O.T. B618 #14 ¾ “ MINUS CRUSHED LIMESTONE #15 1” MINUS (MN-D.O.T. 3138, CLASS 5) CRUSHED LIMESTONE #16 1 ½” MINUS CRUSHED LIMESTONE #17 1 ½” CLEAN CRUSHED LIMESTON E #18 CLASS 5 CRUSHED RECYCLED MAT- BITUMINOUS #19 CLASS 5 GRAVEL No Bids #20 FA-1 (WINTER SAND) No Bids #21 5/16” CLEAN CRUSHED LIMESTONE CHIPS #22 3/16” CLEAN F.A. 3 GRANITE OR TRAP ROCK No Bids #23 CLASS 3 RIP RAP KD LANDSCAPE SUPPLY & RECYCLING 0-25,000 SqYds $____ 25-50,000 SqYds $___ 50-75,000 SqYds $___ 75-100,000 SqYds $__ 0-25,000 SqYds $___ 25-50,000 SqYds $__ 50-75,000 SqYds $__ 75-100,000 SqYds$ _ Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Remove/Replace $_________/Lin Ft R&R-other ____/Lin Ft New Installation $_________/Lin Ft Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $________ _/ton Picked up ____9.25___/ton Delivered to site ___14.00___/ton Delivered to site $_______ __/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $______/ton BRYAN ROCK PRODUCTS, INC 0-25,000 SqYds $_ ______ 25-50,000 SqYds $_ _____ 50-75,000 SqYds $_______ 75-100,000 SqYds $______ 0-25,000 SqYds $_______ 25-50,000 SqYds $______ 50-75,000 SqYds $______ 75-100,000 SqYds $_____ Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Remove/Replace $_________/Lin Ft R&R-other ____/Lin Ft New Installation $_________/Lin Ft Delivered to site $_17.20__/ton Delivered to site $__16.85__/ton Delivered to site $_16.85___/ton Delivered to site $_25.15___ /ton . Picked up __N/A___/ton Delivered to site __13.95___/ton Delivered to site $_______ __/ton Delivered to site $_________/ton Delivered to site $_25.15___/ton . Delivered to site $_________/ton Deliver to site $_43.20_/ton . KRAEMER MINING AND MATERIALS 0-25,000 SqYds $_ ______ 25-50,000 SqYds $_ _____ 50-75,000 SqYds $_______ 75-100,000 SqYds $______ 0-25,000 SqYds $_______ 25-50,000 SqYds $______ 50-75,000 SqYds $______ 75-100,000 SqYds $_____ Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Remove/Replace $_________/Lin Ft R&R-other ____/Lin Ft New Installation $_________/Lin Ft Delivered to site $___17.25__/ton Delivered to site $___15.45_/ton Delivered to site $__16.30__/ton Delivered to site $__25.35__ /ton Picked up __________/ton Delivered to site __________/ton Delivered to site $_______ __/ton Delivered to site $________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $__36.00_/ton TILLER CORPORATION 0-25,000 SqYds $_ ______ 25-50,000 SqYds $_ _____ 50-75,000 SqYds $_______ 75-100,000 SqYds $______ 0-25,000 SqYds $_______ 25-50,000 SqYds $______ 50-75,000 SqYds $______ 75-100,000 SqYds $_____ Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Remove/Replace $_________/Lin Ft R&R-other ____/Lin Ft New Installation $_________/Lin Ft Delivered to site $_______/ton Delivered to site $________/ton Delivered to site $_________/ton Delivered to site $________ _/ton Picked up __________/ton Delivered to site __________/ton Delivered to site $____/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $_______/ton SCHMIDT CURB COMPANY 0-25,000 SqYds $_ ______ 25-50,000 SqYds $_ _____ 50-75,000 SqYds $_______ 75-100,000 SqYds $______ 0-25,000 SqYds $_______ 25-50,000 SqYds $______ 50-75,000 SqYds $______ 75-100,000 SqYds $_____ Remove/Replace $___49.00____/Lin Ft R&R-other _N/A___/Lin Ft New Installation $____29.00___/Lin Ft *500 Mobilization Fee under 100 ft per move in Remove/Replace $___42.00___/Lin Ft R&R- other_N/A_/Lin Ft New Installation $__25.00_____/Lin Ft *500 Mobilization Fee under 100 ft per move in Delivered to site $_______/ton Delivered to site $_______/ton Delivered to site $_______/ton Delivered to site $________ _/ton Picked up ______/ton Delivered to site _____/ton Delivered to site $_______ __/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $_______/ton ALLIED BLACKTOP 0-25,000 SqYds $_ _1.75___ 25-50,000 SqYds $_1.63___ 50-75,000 SqYds $1.55____ 75-100,000 SqYds $_1.48___ 0-25,000 SqYds $_1.61__ 25-50,000 SqYds $_1.49_ 50-75,000 SqYds $_1.42_ 75-100,000 SqYds $1.36_ Remove/Replace $____________/Lin Ft R&R-other ____/Lin Ft New Installation $___________/Lin Ft Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $________ _/ton Picked up __________/ton Delivered to site _________/ton Delivered to site $_______ __/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $_______/ton GMH ASPHALT CORPORATION 0-25,000 SqYds $_ ______ 25-50,000 SqYds $_ _____ 50-75,000 SqYds $_______ 75-100,000 SqYds $______ 0-25,000 SqYds $_______ 25-50,000 SqYds $______ 50-75,000 SqYds $______ 75-100,000 SqYds $_____ Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Remove/Replace $_________/Lin Ft R&R-other ____/Lin Ft New Installation $_________/Lin Ft Delivered to site $___/ton Delivered to site $____/ton Delivered to site $___/ton Delivered to site $____/ton Picked up ______/ton Delivered to site _____/ton Delivered to site $____/ton Delivered to site $____/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $_______/ton OMANN BROTHERS PAVING INC. 0-25,000 SqYds $_ ______ 25-50,000 SqYds $_ _____ 50-75,000 SqYds $_______ 75-100,000 SqYds $______ 0-25,000 SqYds $_______ 25-50,000 SqYds $______ 50-75,000 SqYds $______ 75-100,000 SqYds $_____ Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Remove/Replace $_________/Lin Ft R&R-other ____/Lin Ft New Installation $_________/Lin Ft Delivered to site $____/ton Delivered to site $___/ton Delivered to site $____/ton Delivered to site $____/ton Picked up _________/ton Delivered to site ____/ton Delivered to site $_______ __/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $_______/ton PEARSON BROS. INC. 0-25,000 SqYds $__1.48___ 25-50,000 SqYds $_ 1.48__ 50-75,000 SqYds $_1.48____ 75-100,000 SqYds $_1.48___ 0-25,000 SqYds $__1.48_ 25-50,000 SqYds $_1.48_ 50-75,000 SqYds $_1.48_ Remove/Replace $__________/Lin Ft R&R-other ____/Lin Ft New Installation $__________/Lin Ft Remove/Replace $_________/Lin Ft R&R-other ____/Lin Ft New Installation $_________/Lin Ft Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $________ _/ton Picked up ______/ton Delivered to site __________/ton Delivered to site $_______ __/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $_______/ton 75-100,000 SqYds $1.48_ MIDWEST ASPHALT SERVICES 0-25,000 SqYds $_ ______ 25-50,000 SqYds $_ _____ 50-75,000 SqYds $_______ 75-100,000 SqYds $______ 0-25,000 SqYds $_______ 25-50,000 SqYds $______ 50-75,000 SqYds $______ 75-100,000 SqYds $_____ Remove/Replace $______/Lin Ft R&R-other /Lin Ft New Installation $______/Lin Ft Remove/Replace $______/Lin Ft R&R-other /Lin Ft New Installation $______/Lin Ft Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $________ _/ton Picked up __________/ton Delivered to site __________/ton Delivered to site $_______ __/ton Delivered to site $_________/ton Delivered to site $_________/ton Delivered to site $_________/ton Deliver to site $_______/ton ITEMS #24-27 - ROAD MATERIAL & EQUIPMENT BIDS - 2019 COMPANY #24 - TANDEM AXLE DUMP TRUCK WITH OPERATOR #25 - CRAWLER DOZER WITH OPERATOR #26 - CRAWLER LOADER WITH OPERATOR No Bids #27 - CRAWLER BACKHOE WITH OPERATOR ADDITIONAL REMARKS KD LANDSCAPE SUPPLY & RECYCLING BOX SIZE_____________________ CUBIC YDS PER HOUR_________________ SIZE OF MACHINE_____________________ PER HOUR_________________________ __ SIZE OF MACHINE______________________ PER HOUR___________________________ _ BUCKET SIZE_________________ CUBIC YDS PER HOUR__________________ BRYAN ROCK PRODUCTS, INC BOX SIZE_____________________ CUBIC YDS PER HOUR_________________ SIZE OF MACHINE_____________________ PER HOUR_________________________ ___ SIZE OF MACHINE_______________________ PER HOUR___________________________ _ BUCKET SIZE__________________CUBIC YDS PER HOUR__________________ ALL DELIVERIES BASED ON END DUMP SEMIS (24-25 TON LOADS) ALL LOADS LESS THAN 23 TON ARE SUBJECT TO ADDITIONAL DEL CHARGES KRAEMER MINING AND MATERIALS BOX SIZE_____________________ CUBIC YDS PER HOUR_________________ SIZE OF MACHINE_____________________ PER HOUR_________________________ __ SIZE OF MACHINE________________________ PER HOUR___________________________ __ BUCKET SIZE__________________CUBIC YDS PER HOUR____________________ TILLER CORPORATION BOX SIZE_____________________ CUBIC YDS PER HOUR_________________ SIZE OF MACHINE_____________________ PER HOUR_________________________ __ SIZE OF MACHINE________________________ PER HOUR___________________________ __ BUCKET SIZE__________________CUBIC YDS PER HOUR____________________ SCHMIDT CURB COMPANY BOX SIZE_____ ____ CUBIC YDS PER HOUR__________ SIZE OF MACHINE_____________________ PER HOUR_________________________ ___ SIZE OF MACHINE________________________ PER HOUR___________________________ __ BUCKET SIZE__________________CUBIC YDS PER HOUR____________________ ALLIED BLACKTOP BOX SIZE_____________________ CUBIC YDS PER HOUR_________________ SIZE OF MACHINE______________________ PER HOUR_________________________ ___ SIZE OF MACHINE________________________ PER HOUR___________________________ __ BUCKET SIZE__________________CUBIC YDS PER HOUR____________________ GMH ASPHALT CORPORATION BOX SIZE_____________________ CUBIC YDS PER HOUR __ ______________ SIZE OF MACHINE______________________ PER HOUR__________ _________________ SIZE OF MACHINE________________________ PER HOUR________________________ _____ BUCKET SIZE.__________________CUBIC YDS PER HOUR ____________________ OMANN BROTHERS PAVING INC. BOX SIZE__QUAD_18-19 TONS_ PER HOUR___98.50________ SIZE OF MACHINE__CAT D6____ PER HOUR 150.00 *$350 Mobilization Fee SIZE OF MACHINE ______________________ PER HOUR___________________________ _ BUCKET SIZE_1 ¾ Cubic yard Ditching Bucket_or _1 cubic yard tooth bucket CUBIC YDS PER HOUR_155.00___ *$350 Mobilization Fee RECLAIM- INCLUDES GRADE AND COMPACTION TRI-AXLE TRUCKS $95 HR QUINT AXLE $102.50 HR SUPER 7 - $108.50 HR ELGIN BROOM - $120 HR PEARSON BROS. INC. BOX SIZE_____________________ CUBIC YDS PER HOUR__________________ SIZE OF MACHINE_____________________ PER HOUR_________________________ __ SIZE OF MACHINE_____________________ PER HOUR___________________________ BUCKET SIZE___________________CUBIC YDS PER HOUR_____________________ MIDWEST ASPHALT SERVICES BOX SIZE_____________________ CUBIC YDS PER HOUR_________________ SIZE OF MACHINE_____________________ PER HOUR_________________________ ___ SIZE OF MACHINE_______________________ PER HOUR___________________________ _ BUCKET SIZE___________________CUBIC YDS PER HOUR_____________________ TWO PAVING MOBS INCLUDED MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: March 14, 2019 MEETING DATE: March 19, 2019 SUBJECT: Street Sweeping Quote Background Carefree Services Inc. has been the contractor for street sweeping for many years at two-year intervals and it was time to request quotes to create a new contract. The city sent out a bid proposal to Pearson Bros. but they declined to bid due to their work load. Carefree has always been competitive and done a great job for us. The following quote was received by the City for Street Sweeping from April 1, 2019 until November 1, 2020: EXHIBIT A & B PER HOUR RATE (Entire City - highlighted on maps) Carefree Services $7,177/flat rate $104/hr Recommendation Approve the contract with Carefree Services Inc. for street sweeping from April 1, 2019 until November 1, 2020. NOTE: The Public Works Department will continue to sweep the rural streets to the shoulders, clean up certain intersections, and sweep the trails along Hunter Drive Trail, CR 116, Clydesdale Trail and CR 101, as well as any proposed trails. Agenda Item # 5B 1 STREET SWEEPING SERVICES AGREEMENT This Agreement is made this 19th day of March 2019, by and between Carefree Services Inc., 971 County Road 19, Maple Plain, MN 55359, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for street sweeping services; and 2. The City has approved the contract for street sweeping services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform street sweeping services for all City of Medina urban residential and commercial streets, as well as specified intersections, as highlighted on Exhibit A, by May 1, 2019 and 2020, weather permitting. The parking lots at City Hall, the Public works building at 600 Clydesdale Trail, and the community building parking lots at 3200 Mill Street are also included. Two additional sweepings of the Independence Beach area streets, as identified on Exhibit B, shall be performed between May 1 and November 1, 2019 and 2020. All sweepings performed shall be under the direction of the City Public Works Director. 2.0. TERM. The term of this contract will be from April 1, 2019 until November 1, 2020, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor for a complete sweeping of streets highlighted on Exhibit A and B, including the City’s City Hall, Public Works, and Community Building parking lots, and the two additional sweepings at Independence Beach, at a rate of $7,177 for 2019 and 2020, as well as a per hour rate of $104 for additional services approved by the Public Works Director. The Contractor will use a Tymco Sweeper and supply the support vehicle needed to haul away the material that is swept up. The City will provide water for the sweeper. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and 2 unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 3 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Jodi M. Gallup, City Clerk CAREFREE SERVICES INC. (CONTRACTOR) By ______________________________ a° A 31 + e_ 4' ARAM EST 5 6 7 8 9 fF U D G CHIPPEWA I�D co oo 0 N M f+) E as N F rEs RANCH DR DEERHILL RD ,B o 0 0 N G LOST H4RSE R0 PAW►NEE CHIPPEWA RD D TRL 0 O 0 N H KATRINKA RD et 0 0 gi 0 0 0 C.0 • DEERHILL RD CHEROKEE 0 N r J F JO 53 K HACKAMORE RD 0 o CO ASTE RU WN t WUODS R p 4 -1200 L P ROREE D — 4800 4400 40j0 3200 -2400 -2000 -1600 0 0 b MEDINA Street & Address Finder Map Exhibit A N _ Miles 0 0.25 0.5 1 Map Date: September 16, 2015 Exhibit B Independence Beach Area March 7, 2019 Mr Steve Scherer City of Medina 2052 County Road 21 ''Medina, MN 55364 Carefree Services Inc. tnixw�rc:�a � cc•pGnq u-Yig 21 -Huth IiiNp itch nM363-+?':°$' ke-ina.i.l: tL I .r car+effee$w.ecpinge arra 2018 SWEEPING HOURLY RATES: TYMCO 600 Road Sweepers TANDEM Dump Truck BACKPACK BLOWER+OPERATOR WALK BLOWE + p'EI T , JD 326D W/UC ET JD 3039 W/ 60" Windrow Broom DEBRIS DISPOSAL RECYCLING $1040O* S89.00 $46.00 $46.00 $92.00 S72.00 S36.00 yd. *See .Adalendim below f©r Prevailing, Wage Projects [F WP" s]. 11Ne are Able ire surbm it adOCUIrEntndon for sumrrli iere statute', Parkiag Lot Sweeping nd Municipal: Road Sweeping Specifications: Carefme Sert'ice3 Inc_ (Cs [1 will provide the laboraril equipment necessary to power sweep and vacuum `J .hrrs from your parking and driveway surfaces. We exclusively use TY MCO model (OOO regenerative air sweepers that consistently remove 2S% more debris frsv.m all surfaces than ordinary broom type sweepers_ Our high performance equipment removes microo-siPed particles that are Trapped i.n the irregularities of all surf frmi_ These mieers:.sa` sized particles am the most harmful rib ren.v°ironrnent_ All debris erfierted wiEl be disposed of at yciiir predetermined disposal location for n„ cha.rge_ Add it disposal charge_a of :..if,. i per cultic vvral will 6be ne :e s r}• fur projects tint require off site disposal. OUR WE.BSJTE.: r CS% ee tai r5 ;_ryrm Adrh:niltim To Comply With Minnesota Stale .And Federal Prevailing Wage Projects Swegzer rates of S15g.0(l per hour will be kvkd on all FriVirs while on site of these special prnjec :s. NEVA wage overtime noses will he charged on projects of more than eight lhOura r*r day. T1i rate Si i_I)fl per hour, Posted 2018 rann. will be charted while traveling to jahsiti s and during off j4 to billable practices. Billing will include two separate line hems per job to reface[ these charges. (Actual l' 'P time on proji t and regular rates for off project rime_) Certified payroll domnendation will be included with billing lling to streamline this process_ PAT' rates are available for operations in other star c as needed. Prevai[[rhm wage rates adjust as slate area district rates change_ F. CS is ,available "_4 furs per day 7 days per week and would appreciate a 48 hours advance notice to schedule irpossible, 2. CS] iw nrrt respoiasibre for sweepi rig around unattended vehicles or equeprma t not moved in a timely mat i—. 3. CSI is not r nsittle fr'rr cleanup of air debris in holes or uneven areas of parking lots or rt d surfaces_ 4. CS' will do every-tithag with in its power to e rtrplete the orb as agreed, but €annot. assume r sponsi ,iliry for •equiprnrrnt breakdowns or delays due to weather, Proper notification will be given for rescciuling. 5_ CSI uses Ty°mco equipment beraaiew of the far superior cleaning capability over mechanical brooms (these machines collect 25 ® more nraterie,I than broom sweepers) for the sane approximate cost Remrn b+ra our track mounitd r gerrerative air sweepers di, net create a dust storm and can ikp mete at highway speeds fsir rime saving transporting. b. t'ur Tyrm fit l) equipment can sweep [2 feet wide, making these machines highly efficient. our equipment doesn't require additianal support from your etriployeeS or dumping equipment to li r Now the sweeping process, saving you time and money. Om -operators axe completely self-sufficient and trained and experienced in all aspects ol"un road safely, 7. Our equi pnIt I does require sa water Satitile IOW large jobs to perie dically refill our 4Qt 1nllon tank. E. CS Ps equipment, proudly dplays arrow hoards and high intensity warning lights to safely navigate your on road projects. Q CSI will char travel time in all jobs, (5336.00 ir►'liuim.um Chat rye. for all jobs We ale :,va,ilable 1.13X work outside the load area. (PIN rimes may applyj, plus lodging ,its if nec .-any, weeper operators must follow I`r l Carrier guidelines. All payments are due within 25 clays of the date or invoice, A ?''.4 discount will he aec+rptecl.ton checks received within 14) days o f the ire w r,ire date. Any .au tstanding, balances over 25 days will be subject to a seopi+ce char a of 1 5% per month or an annual rile or18%. All seretres will he discontinued ur, past due accounts until payment is received, Reasonable 3tin.rmo fees will he charged to collect 1.1.:4,r due recounts, ''''Pll ICES SUBJEC-r TO CHANGE DUE TO FUE.i, PRICE ESCCA.I.:ATIOPi*'RA Carefree Services inc., a'r 46 year full service company, and is in br°usine �s [r;r give you the best service possible. We are insured, licensed, and arc responsible for any cl,rmage caii' d by our negligence ancd will be happy to rake care of arty problems that may arise.. 'I'll:a'„K YOU FOR C HOO,:Slrti'[, CAREFREE SERVICES, INC_ FOR ALL YOUR SW t; ' PIi 1G NEEDS, E LOOK FORWARD 4 'ORK1NG WITH YOU TI -I l.4 41` EAR! Br% egafrds, love Curtis, ie iclent Carefree Services inc. [)ireei b'l2-3fi'w-6,72'9 !O Box .198 Mer fe Prise, MN 55359— Phones 612-363-6729 Fear 715-713-012$ STREET SWEEPING SERVICE: SCOPE OF SERVICES A. SUBMITTED PROPOSALS Proposal Submitted By. Adt.ms: Phon : - _ '7 E -ma it: Cart rt'+e S 'iC4 POE asa 2156 Phos hl l i 55.59} Mast return proposals to Steve Scherer, Public Works Director, at City of Medina bs 10 AM March 13, 21119.. Proposed leans 1,0 SCOPE OF SERVICES_ The Contractor will perl`arm street sweeping services for aiF] City of Medina urban residential and commercial streets. as well as specified intersections, as ltigl71 i L liked on Exhibit A. by May 1. 2019 and 2020, weather permitting_ Two (VII I i tut piiil7+. ; 1 [J7ti Independence Broach arca streets, as identified on Exhibit 13, shall be .performed between P i,ry I and November t, 2019 and 2020,. Also to proposal will include the parking lots at C i[., l Lill. the Public Nutrks building at Clydesdale Trail q and the community buildi _ , ki ts - � parking at .4200 Mi tl Str + t, . .lt sweepings perfu1-med shall he under the direction of th City Public Works ]):r s ,.tor. 10_ TERM. The terra of this contract will be from April 1.2019 until NovemhLr 1, 21)20, or until such later orate as may he mutually agreed upon_ .0 COMPENSATION_ The City shah compensate the Contractor as follows: • Onne of the 1bliowin . for esibrands of Broom [Mfa,c1' h e_ l y°rrtico e'a l :.1 �ier Pelican cu Other • Per -hour rate ▪ Flat rate per t]mt Do you need a support vehicle? (Entire highlightcd F F:(I I I I l f I B (Additional \ixoepingsl 440 3.01 -11w Contractor s -h' ll pay for all ike?Iis - and permits, `lb ;e costs shall be included in the hid cost, The City is r:xeznpt from sales 4.0 INDEPENDENT CONTRACTOR 4.01 Both the Contractor and the City acknowledge and twee that the C.. ntractor is an independent contractor and not an employee of the City. Any employee or subcontractor tenor who may j rfi:rrm services for the Conttactar in connection with this Agreement is also not an employee of the City. The contr,ictor understands that the city will not provide tiny benefits of any type ...o-rivction with this Agreement, including but not limited 10 health or medical insu ;uo;X, worker's compeie..ation insurance and unemployment insurance, tenor will the City, •w. °ithhold any state or federal taxes, including income or payroll taxes, which may be payable hy the [.Contractor, 4.02 The Contractor will supply and use its own equipment and tools to complete the servicms under this Agreement 4_03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an indep at ent contractor. 5.0 INSURANCE The Contractor ctor will maintain adequate insurance a to protect itself and the City from claims and I ahilit for injury or damage to peNoris or property for all work performed by the Contractor and its respeclive employes or agents under this Agreement, The Contractor shall narmie the City as an additional inmsun d'under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION_ _ (.Ctl The Contractor will comply with the provisions of the roinnczota worker"s compensation s'tat'ute as an independent contractor before con_n encing work under this Agreement. 6.02 Mu C art r u. I sr will provide its own worker's cornricnsatiun insurance and will provide evidence to tliti City of such coverage before commencing ark under this Agr nmenit. _tl INDEMNIFICATION. The Contractor will hold harmless. and indemnify the City, its officers, employees. and agents, .against any and all claims, loo liabilities. damaies., costs and expenses (i7 -e ..La;E,_ defense, settlement, andre.asonable attorney's fees) for clai'm's as a result of bodily injury , i «s,:. o f l i fi: , property damages and any other damages arising out of the Contractor's performance under this Agreement _0 APPLICABLE LAW. The execution_ interpretation, and pertctrrrtan v of this Agreement will, inall respects.. }ae controlled and governed by the laws of Minnesota_ 9-0 ASSIGNMENT. The Contractor may not assign tlris Aveeinent OT procure the services of another individual or company to provide services under this Agreement without first obtaining the exprriz i, written consent ofd City. 10.0 ENTIRE AG 1:1 ACNT. AMENDMENTS_ This Agr rnent constitutes il.a! mike Agreement 17x7twcen the parties. and no other agreement prior to ur Qontenaporaneous °ti. 'ill th i s Agreement shall be effective, 1 cep as expressly set forth or incorporated herein_ Any. purported l amendment to this Agreement is Rot effective unless it is in writing uid exceuted by both partite l 1.0 NO WAIVER BY CITY. By eriteri rro, into this Agreement, the City •does not waive its entitlement to any ammrav r under statute or eormmon Ia . 12.0 TERMINATION_ Either party may terminate this Agreement at any time. for any reason_ If the contract is terminated early, the City will pay a prorated fee for the services performed to date i It that calendar ar ve rr. TN WITNESS WI IE _1 EOF, the parties have executed this; Agreement on the date and year written above_ CITY OF IVIE[)INA Kathleen Martin, Mayor By Jodi Gallup, City Adnlinistratori°CIerk By. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: March 14, 2019 MEETING: March 19, 2019 SUBJECT: Public Works Foreman Position and Recruitment for the Full-time Public Works Maintenance Technician position. Background After receiving the official resignation letter from Ivan Dingman effective July 8th, 2019, Council approved posting the Foreman position internally. The application deadline was March 11th and we had two very qualified candidates apply. Jodi Gallup and I interviewed and scored the candidates. Derek Reinking was the top candidate. The Foreman position is a full-time non-exempt position, classified as a pay grade 6. Staff is recommending moving Derek Reinking into the Foreman position effective July 8th, 2019 at step 6 at a rate of $36.56. Mr. Reinking would be eligible for a step increase with good performance to step 7 at $37.67 in January 2020, with the max step currently for this position at $38.78. The current Public Works Maintenance Technician job description is included for your review. Public Works will be meeting soon to evaluate and adjust responsibilities within the department. Minor changes may need to be made to the job description prior to posting for the position. Recommendation Motion #1: Approve the appointment of Derek Reinking as the Public Works Foreman effective July 8 th, 2019. Motion #2: Approve the current job description for posting and external recruitment for the Full- time Public Works Maintenance Technician position. Agenda Items # 5C and 5D City of Medina Position Description PUBLIC WORKS MAINTENANCE TECHNICIANWORKER Position Title: Public Works Maintenance Technician Worker Department: Public Works Accountable To: PW Director/ PW Foreman Pay Grade: 3-4 FLSA Status: NON-EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION To perform non-supervisory, manual, semi-skilled, and skilled work to assist in maintenance tasks performed in all public works areas. To operate a variety of equipment, to participate in snow plowing/sanding, and to perform routine maintenance on City-owned buildings/facilities. To respond to emergency situations and work beyond normal hours. ESSENTIAL FUNCTIONS OF POSITION  Assists in street maintenance activities: patches potholes and fills cracks; cleans/repairs storm sewers/catch basins; paints crosswalks; and repairs street lights/signals. Operates sweeper to clean street surfaces, maintains signs and trims trees in right-of-way; and uses traffic control procedures.  Participates in snow plowing tasks: plows with trucks and loaders, hauls and blows snow; and applies sand/salt on roads as needed.  Performs preventive maintenance and basic repairs on vehicles/equipment and keeps written records; cleans public works garage and maintenance areas.  Assists in park maintenance activities: mows grass and trims grass/trees/bushes; inspects playground equipment and areas and keeps free of trash and other hazards; repairs and cleans buildings/facilities; and maintains courts, ball fields and ice rinks.  Assist in the maintenance of the municipal water system and components.  Assist in the maintenance of the municipal wastewater system and components.  Inspect new and old utilities and handles utility locates for water and sewer lines as well as street lighting; reads water meters and makes repairs as necessary; and responds to, or refers to appropriate staff person, complaints regarding high utility bills.  Assists in the maintenance of City buildings: cleans/sanitizes, performs basic carpentry, and works with building systems/equipment, assisting in troubleshooting problems.  Performs preventative maintenance and repair of Street Department vehicles and heavy and light equipment including minor repair or adjustment to hydraulic systems, motors, brakes, steering, electrical and cooling systems, starters, etc.; maintains vehicle maintenance records.  Maintains and repairs city streets including patching holes and sealing cracks using a bituminous cold mix or hot mix; rakes, grades, and operates the roller.  Operates a one-ton truck with a hoist, pickup trucks, street sweeper, backhoe, road grader, dump truck, pony grader, blacktop and self-propelled rollers, tractor loader, tractor-snow blower, riding and push lawn mowers, string trimmer, pumps, leaf blower, and generator.  Operates a cutting torch and welder as needed in repairing equipment; makes some repairs to vehicle and equipment bodies.  Removes snow from sidewalks, intersections, catch basins, municipal parking lots, and around City buildings.  Assists in repairing and replacing sewer and water mains.  Cleans, installs, repairs, and replaces utility covers; cleans and repairs culverts.  Assists in responding to sewer backups, water main breaks, or other public works emergency.  Maintains inventory of shop and equipment supplies, including small engines and hand tools.  Keeps up-to-date on topics such as safety and hazardous materials through meetings, seminars, and workshops; and shares in work place safety through individual and team efforts. OTHER DUTIES AND RESPONSIBILITIES  Performs other related duties as delegated by the 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. Agenda Item # 5D City of Medina Position Description PUBLIC WORKS MAINTENANCE TECHNICIANWORKER HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Knowledge of relevant City ordinances, policies, and procedures.  Knowledge of OSHA-related rules & ability to follow applicable safety guidelines while performing works tasks.  Knowledge of City’s geography and various infrastructures.  Skill in operating equipment for snow removal/sanding/sweeping/patching City streets.  Skill in repair and maintenance of public works tools, equipment and facilities.  Ability to exert moderate to considerable physical effort to perform the position’s essential functions.  Ability to communicate effectively with other City employees and the general public.  Ability to follow oral and written instructions.  Skill to operate all equipment and tools of public works department including in inclement weather and various traffic situations.  Skill in troubleshooting problems and taking corrective measures.  Ability to work independently and as part of a team.  Ability to regularly lift/carry objects weighing up to 60 pounds & occasionally lift objects weighing up to 150 lbs.  Ability to perform various movements such as lifting, bending, carrying while performing essential functions.  Ability to respond quickly and decisively to emergency situations in absence of supervisor.  Ability to safely enter & work in confined spaces; work at heights including occasionally climbing water tower.  Ability to safely work around chemicals and other hazardous substances. Machines, tools, and equipment used: Pick-up, dump truck, loader, backhoe, sweeper, skid-steer, grader, roller, lawn mower, shovel/pick/mall, grinder, various saws, drills and other hand/power tools. MINIMUM REQUIREMENTS  High school diploma or equivalent and some knowledge/skills related to public works.  Mechanical aptitude.  Minimum Class B commercial driver's license, with the ability to obtain a Class A within a year.  Ability to be trained in all public works areas and the operation and use of all public works equipment. DESIRABLE QUALIFICATIONS  Ability to run heavy equipment, including graders, front end loaders and backhoes.  Possession of a Class C water and Class S-D Sewer license or willingness to obtain in a reasonable time frame. WORK ENVIRONMENT: The Public Works Maintenance TechnicianWorker functions in a varying work environment depending on the circumstances. Work is achieved in the office, within a motor vehicle, operating heavy and/or light equipment, and consistently outdoors often under adverse weather conditions. Position requires the use of paving and patching materials during hot or humid weather conditions, application of, and exposure to, a variety of hazardous chemicals, contact with sanitary sewage, and exposure to noise due to maintenance activities. The Maintenance Worker works in confined places, and is exposed to raw sewage and hot asphalt which may contain a variety of hazardous and toxic materials, and will occasionally work at high elevations such as water towers. The position is highly visible to public while performing work tasks. City of Medina Position Description GIS & Planning Intern City Council Approved: Position Title: GIS & Planning Intern Department: Planning Supervisor’s Title: City PlannerPlanning Director Pay Grade: $1516.00-18.00/hour FLSA Status: NON-EXEMPT Work Status: Part-time; Temporary PRIMARY OBJECTIVE OF POSITION Performs supervised and unsupervised work in the Planning Department. The position will assist the Department with organizing Geographic Information Systems (GIS) data and implementing processes and procedures related to management of such data. The position will also assist with various projects in community development and planning and perform other general duties as assigned. ESSENTIAL FUNCTIONS OF POSITION  Assist Planning Department with implementation of GIS data management processes.  Assist Planning Department in ordinance research and analysis and other planning and zoning projects as assigned.  Assist Planning Department with administrative tasks as necessary, including but not limited to document preparation, scanning, filing, and similar activities.  Provide quality service to residents, contractors, and other customers.  Represent the City of Medina in a professional, tactful manner that commands respect of the public, contractors, developers and others. OTHER DUTIES AND RESPONSIBILITIES  Receives telephone calls and either personally responds or refers to appropriate person.  Assist with Planning Department website improvements.  Potentially attend periodic evening Planning Commission and City Council meetings.  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 and competency with ArcGIS software and GIS data management practices.  Ability to perform administrative tasks such as typing, data entry, filing, etc.  Ability to organize assignments, prioritize tasks and independently complete work in a timely and accurate manner.  Ability to communicate professionally with a variety of individuals and provide quality customer service. Machines, tools, and equipment used: Computer, copier, scanner, telephone, and calculator. MINIMUM REQUIREMENTS  Enrollment in post-secondary program for GIS, or enrollment in Master’s Degree program for community development, planning, public administration/policy/urban studies, or a related field.  Knowledge of and competency with ArcGIS software.  Working knowledge of personal computers, Microsoft Windows, and Microsoft Office programs. DESIRABLE QUALIFICATIONS  Previous administrative experience in a municipal planning or GIS department or comparable public agency.  Ability to provide training to City staff members on basic ArcGIS usage.  Competency with WordPress or similar website management software. Agenda Item # 5E City of Medina Position Description GIS & Planning Intern City Council Approved: WORKING CONDITIONS Most work is performed indoor at city hall. The exception is some field data collection and 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. Agenda Item # 5G 1 546797v1 SANITARY SEWER CONNECTION AGREEMENT This Sanitary Sewer Connection Agreement (the “Agreement”) is entered into as of the ____ day of ______________, 2019, by and between the city of Medina, a Minnesota municipal corporation (the “City”), and the Three Rivers Park District, a body politic and corporate under the laws of the State of Minnesota (the “Park District”). The City and the Park District may be referred to collectively throughout this Agreement as the “Parties” or individually as a “Party”. RECITALS WHEREAS, the Park District owns and operates Baker Park Reserve (the “Reserve”), a recreation area located in the western portion of the City along the southeastern shores of Lake Independence; and WHEREAS, the Park District currently owns and operates six restroom buildings and one boat rental building within the Reserve; and WHEREAS, the Park District has submitted an application to the City to replace the aforementioned facilities with four new restroom buildings and one new boat rental building (collectively, the “New Facilities”); and WHEREAS, the New Facilities will connect directly to the City’s sanitary sewer main; and WHEREAS, although all sanitary sewer improvements connecting the New Facilities to the City’s main will be privately owned and maintained by the Park District, the City needs assurances that said improvements will meet City specifications and connect appropriately to the City’s public infrastructure; and WHEREAS, the City’s approval of the Park District’s application to construct the New Facilities is conditioned on the Park District entering into this Agreement; and WHEREAS, the sanitary sewer improvements related to the New Facilities shall be constructed in accordance with the terms and conditions contained herein. NOW, THEREFORE, the Parties, in consideration of the representations, covenants and agreements set forth herein, each represent, covenant and agree with the other as follows: AGREEMENT 1. The Improvements. The Park District shall construct and install at its sole expense the sanitary sewer improvements needed to connect the New Facilities to the City’s public sanitary sewer main (the “Improvements”). The New Facilities are depicted on the site plan, attached hereto as Exhibit A, which is included merely for illustrative purposes and is subject to change depending on the approved Plans, as described herein. Agenda Item # 5H 2 546797v1 2. Right to Proceed. The Park District may not commence construction of the New Facilities or the Improvements until all the following conditions precedent have been satisfied: a) this Agreement has been executed by the Park District and the City; b) final Plans (as hereinafter defined) have been submitted by the Park District and approved by the city engineer; c) the Park District has paid the City for all legal, engineering and administrative expenses incurred by the City regarding approval of the site plan, including the drafting and negotiation of this Agreement; d) the Park District has deposited with the City the construction observation escrow required by this Agreement; e) the Park District has received all required permits from any entity having jurisdiction; f) the Park District or the Park District’s engineer has initiated and attended a preconstruction meeting with the city engineer and staff; and g) the City has issued a notice that all conditions precedent have been satisfied and that the Park District may proceed. 3. Plans and Specifications. The Park District, at its sole expense, will be responsible for preparing, or having prepared, plans and specifications for the Improvements (the “Plans”). Prior to the start of construction of the Improvements, the city engineer shall review and approve the Plans, at the Park District’s sole cost and expense, so as to ensure that the Improvements are constructed in accordance with the City’s required specifications. 4. Construction of the Improvements; Inspections. a) The Park District shall construct the Improvements pursuant to the approved Plans at its sole expense. Prior to beginning construction, the Park District or the Park District’s engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. All work must be constructed by a licensed and bonded contractor capable of completing the work. b) The city engineer and other City representatives shall be allowed to inspect the Improvements at reasonable times, at the Park District’s expense, during all phases of construction and following completion of the construction to ensure compliance with the Plans and City specifications. The Park District and its contractors and subcontractors shall follow all instructions received from the City’s inspectors. Upon completion of the Improvements, the Park District, at its sole expense, shall provide the City with paper and electronic construction record drawings containing and properly illustrating the Improvements, including field verified locations. 5. Ownership and Maintenance; Warranty Bond. The Park District shall own all Improvements and be responsible for all maintenance of the Improvements up to and including the point of connection with the City’s sanitary sewer main. Nothing contained herein shall prevent or prohibit the City from taking any appropriate steps to protect the security of its utility system and the health, safety and welfare of its residents and 3 546797v1 property located within the City. The Park District agrees to require its contractor to provide the Park District with a warranty bond for the Improvements to cover defects in labor and materials for a period of two years from their date of completion. The bond shall be in an amount equal to 100 percent of the total cost of the Improvements. 6. Responsibility for Costs; Escrow for Construction Inspection. a) The Park District agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its reasonable costs and expenses in reviewing its application related to the New Facilities and the Improvements, including the drafting and negotiation of this Agreement. The Park District agrees to reimburse the City in full for such reasonable costs within 30 days after notice in writing by the City. The Park District further agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys’ fees. b) The Park District shall pay a fee for City construction observation and administration relating to construction and installation of the Improvements, including all City inspections of the Improvements. In order to reimburse the City for the administrative fee and the reasonable cost of inspection of the Improvements, the Park District shall deposit an additional $18,000.00 into an escrow account with the City, which shall receive and hold such funds solely under the terms of this Agreement. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this subparagraph, such funds shall be promptly returned to the Park District without interest. If it appears that the actual costs incurred will exceed the estimate, the Park District and City shall review the costs required to complete the project and the Park District shall promptly deposit additional sums with the City. 7. Connection Fees; Use Charges. The Park District shall pay the City any applicable fees, costs, and ongoing use charges for sanitary sewer, according to the applicable rates contained in the City’s fee schedule. 8. Compliance with Laws. The Park District agrees to comply with all state and local laws and regulations as they relate to the Improvements and this Agreement, including any permits or approvals required from all entities or agencies having jurisdiction. Nothing contained in this Agreement shall be construed to limit the authority of the City to adopt or amend its local regulations. 9. Building Permits. This Agreement does not include approval of any building permits for the New Facilities. The Park District shall submit and the City must approve building plans prior to the issuance of any building permit. The Park District shall be responsible for payment of the customary fees associated with said permits. 10. Indemnification. The Park District agrees to assume sole liability for any negligent or willful misconduct of their employees or contractors while performing its obligations pursuant to this Agreement. The Park District further agrees to indemnify, defend, and hold harmless the City from any claims, causes of action, damages, loss, cost or expenses, including reasonable attorneys’ fees, resulting from or related to its own 4 546797v1 actions and the actions of its officers, agents, employees, or contractors in the execution of the duties outlined herein. Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or defenses. 11. Insurance. During the course of construction of the Improvements, the Park District or whomever it has working on the Improvements shall obtain and maintain insurance, including without limitation, commercial general liability insurance protecting the City against claims for bodily injury or death or for damage to property occurring within the project area. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for any number of claims arising out of a single occurrence. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the policy holder. 12. Termination. This Agreement shall terminate automatically upon completion of the Improvements, final inspection by the City, and written approval by the City that the Improvements were constructed and installed according to all City requirements. This Agreement may also be terminated by the City if the Park District violates the terms of this Agreement and said violation(s) continue for thirty (30) days after the Park District receives a written notice of said violation(s) from the City. 13. Recitals and Exhibits. The above recitals and the attached exhibit are incorporated into this Agreement as if fully set forth herein. 14. Governing Law. This Agreement is governed by the laws of the State of Minnesota. 15. Severability. In the event that any provision of this agreement is held invalid for any reason, the other provisions shall remain in full force and effect. 16. Assignment. This Agreement and the rights and obligations of any Party hereunder shall not be assignable except with the written consent of the other Party hereto. 17. Notices. Any notice, request, demand, statement or consent required or permitted to be given hereunder shall be in writing, shall be signed by or on behalf of the Party giving notice, and shall be personally delivered or sent by certified mail, return receipt requested, to the other Party to the following address: If to the City: City of Medina Attention: City Administrator 2052 County Road 24 Medina, MN 55340 If to the Park District: Three Rivers Park District Attention: _________________ 5 546797v1 3000 Xenium Lane N. Plymouth, MN 55441 Any such notice shall be conclusively deemed to have been given and received on the day on which it was delivered. Either Party may, from time to time, furnish in writing to the other Party such notice of a change in the address or individual to whom such notices should be given. 18. Amendments; Waivers. This Agreement may be amended, superseded, renewed or extended only by a written document executed by both Parties. The failure of any Party at any time or times to require performance on any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by any party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any breach, or a waiver of the breach of any other term or condition herein. 19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. ******************** 6 546797v1 IN WITNESS WHEREOF, the undersigned Parties have executed this Sanitary Sewer Connection Agreement as of the date and year first written above. CITY OF MEDINA: By: _________________________________ Kathleen M. Martin Its: Mayor By: _________________________________ Jodi M. Gallup Its: City Clerk THREE RIVERS PARK DISTRICT: By: _________________________________ Its: _________________________________ A-1 553856v2 EXHIBIT A Site Plan [to be inserted] MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jim Stremel, City Engineer DATE: March 14, 2019 MEETING: March 19, 2019 SUBJECT: Arrowhead Dr Safety Improvement Project – Agreement with Railroad Background: In 2018, the City received LRIP funding from the legislature for safety improvements at the Arrowhead Drive railroad crossing. The City is proposing to implement a quiet zone and install a pedestrian crossing at this location. Construction of the improvements is planned for 2020. Figure 1 enclosed depicts the proposed improvements. A diagnostic team meeting was held in January that included representatives from the City, Hennepin County, MnDOT, Canadian Pacific (CP) Railway, and the Federal Railroad Administration (FRA). At the meeting CP Railway stated they will furnish and install the new crossing surface for the pedestrian crossing. To get this work scheduled, an agreement is required between the railroad and the City. Once the agreement is approved, signed, and sent back to the railroad the crossing surface improvements can be scheduled. It can take up to 9-12 months before the crossing surface can be scheduled and installed. Next Steps: The City is proceeding with the preliminary design of the quiet zone and pedestrian crossing improvements. The Notice of Intent (NOI) for the quiet zone improvements has been drafted and sent to the required entities. City staff will continue to work with the FRA, CP Railway, and Hennepin County to keep this project moving forward. City Council Action Requested: Approval of the agreement with the railroad to furnish and install the crossing surface panels. Agenda Item # 5I February 27, 2019 FILE: X-PAY-017-48-R Mr. Scott Johnson City of Medina 2052 County Rd 24 Medina, MN 55340 Dear Mr. Johnson: RE: PROPOSED GRADE CROSSING EXTENSION Arrowhead Drive - MP 17.48 - DOT 689127U Paynesville Subdivision - US East Region Medina, MN This will acknowledge your e-mail request of February 21, 2019 concerning the proposed sidewalk/trail installation at the Arrowhead Drive at-grade crossing along the east side of the roadway. Canadian Pacific (CP) has reviewed the plans and has no objections to the extension of the existing concrete surface of Arrowhead Drive or the sidewalk/trail installation over CP trackage. CP will furnish labor, material and equipment to install a concrete crossing surface at this single main track crossing to accommodate the city’s sidewalk/trail installation during the 2019/2020 construction season. The scope of CP’s work will consist of furnishing and installing two 9’ crossing surface panels (total of 18’) to the east side of the railroad crossing as generally depicted on Figure 1 attached hereto. In addition, the city intends to extend a bituminous trail to the north and south of the new crossing surface at its expense. Please noted that any cost incurred by CP for flagging service, repairing damage to tracks, including disturbance of their alignment and surface, interlocking or other facilities which it maintains, caused by or resulting from the city or its assigned contractor for this project, will be submitted to the city for payment. Any flagging protection or watchman service required by the railroad for the safety of railroad's operations because of the work being performed by the city or its assigned contractor or work incidental thereto, shall be provided by the railroad and submitted to the city for payment. Please arrange to notify Dave LeClaire at least five (5) working days (excluding weekends and holidays) in advance of any field work occurring within 50 feet of the track. CP does maintain fiber optic cable and railroad signal facilities throughout our rail system. Please arrange to contact CP One Call at 1-866-291- 0741 for signal and cable locations. This letter is being furnished in duplicate. If the city concurs with these terms, please arrange to sign both copies and return one to my attention along with deposit check made out to Canadian Pacific in the amount of $18,000 dollars. If the actual installation cost exceeds this amount the city will be invoiced accordingly. Engineering - US East Region 120 So. 6th St. Suite 700 Minneapolis, MN 55402 417164\505558.v2 If you have any further questions or concerns regarding this matter feel free to contact me by phone at 612-330-4555. CONCURRENCE: City of Medina, Minnesota BY:__________________________________ TITLE: _______________________________ DATE: _______________________________ Sincerely, Jim H Krieger Manager Public Works 100' E S VLT HH HH HH E E E S S CONC I S L A N D CON C I S L A N D CON C I S L A N D HH HH HH HH TH 5 5 ( E A S T B O U N D ) TH 5 5 ( W E S T B O U N D ) 13 ' 12 . 5 ' 11 ' 12 . 5 ' 13 ' 10' 37' AR R O W H E A D D R ( C R 1 1 8 ) CAN A D I A N P A C I F I C RAIL W A Y ( D O T 6 8 9 1 2 7 U ) 5' 6.5' 5' 13 ' 12 . 5 ' 11 ' 13 ' PERMANENT EASEMENT PERMANENT EASEMENT LEGEND: PROPOSED CROSSING SURFACE PROPOSED BITUMINOUS TRAIL FUTURE BITUMINOUS TRAIL PROPOSED RAISED MEDIAN EXISTING PERMANENT EASEMENT EXISTING RIGHT OF WAY PROPOSED STRIPING SCALE IN FEET 0 H: 20 40 N FIGURE 1 K: \ 0 1 3 2 1 1 - 0 0 0 \ C a d \ E x h i b i t s \ A r r o w h e a d D r i v e Q u i e t Z o n e E x h i b i t _ 5 ' M e d i a n . d w g 3/ 1 1 / 2 0 1 9 1 : 5 3 : 0 3 P M ARROWHEAD DRIVE RAILROAD QUIET ZONE PROJECT CITY OF MEDINA, MINNESOTA 5' MEDIAN OPTION APPROX. EX. GATE LOCATION PROPOSED BITUMINOUS TRAIL WITHIN R/R ROW TO BE COMPLETED BY CITY'S CONTRACTOR APPROX. EX. GATE LOCATION 13' THRU LANE 13' THRU LANE 5' MEDIAN 2.0% 12.5' TURN LANE 12.5' TURN LANE 2.0% 11' THRU LANE 13' THRU LANE 12' THRU LANE 2.0% 13' TURN LANE 12' TURN LANE 2.0% 12' THRU LANE PROPOSED SECTION EXISTING SECTION FUTURE BITUMINOUS TRAIL EXTENSION 2/12/2019 EXISTING CURB TO REMAIN NEW CONCRETE CURB AND GUTTER 8" RAISED MEDIAN 8" RAISED MEDIANEXISTING CURB TO REMAIN CP RAILROAD TO FURNISH AND INSTALL TWO (2) 9' CROSSING SURFACE PANELS (TOTAL OF 18' OF CROSSING SURFACE EXTENSION) 1 Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-### RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL TO SCOTT AND CHANTELLE THEISEN FOR ACCESSORY STRUCTURES IN EXCESS OF 5,000 SQUARE FEET AT 3325 COUNTY ROAD 24 WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Scott and Chantelle Theisen (the “Owners”) own property located at 3325 County Road 24 (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, Section 825.19 of the City Code states that the City may grant a conditional use permit to allow accessory buildings in excess of 5,000 square feet in aggregate footprint; WHEREAS, the Owners have requested approval of a conditional use permit for accessory structures; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on February 12, 2019, heard testimony from the Owners, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the March 5, 2019 meeting, heard testimony, and reviewed the recommendation of the Planning Commission; and WHEREAS, based on the written and oral record before the Planning Commission and City Council on the above dates as well as all additional testimony submitted to the City, the City Council has made the following findings: 1) The proposed accessory structures are consistent with the specific requirements for the conditional use as described in Section 825.19 and 826.98 of the City Code, subject to the conditions noted in this resolution. 2) The proposed uses are consistent with the general criteria described for conditional uses in Section 825.39 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the conditional use permit for Scott and Chantelle Theisen, subject to the following terms and conditions: 1) Accessory structures on the Property shall be limited to the following, as displayed on the plans received by the City on January 10, 2019, and others explicitly permitted by relevant code requirements: Agenda Item # 5J 2 a. 16,188 square foot barn/indoor riding arena. b. 2,560 square foot future accessory building. c. Additional loafing sheds with footprints under 300 square feet as described in Section 825.19 of the City Code. 2) The Owners shall warrant that the barn/indoor riding arena is for private use only, and that no commercial and/or fee-based activities shall occur. 3) No living facilities are permitted in the barn/indoor riding arena. 4) The Owners may keep a maximum of 14 horses for personal use only. 5) The lean-tos shall be located to meet the 150’ setback requirement. 6) The Owners shall satisfy all outstanding grading and stormwater items as noted in WSB memo dated 2/6/19. 7) The Owners shall construct stormwater improvements meeting the requirements of the City’s Stormwater Management requirements. 8) The Owners shall abide by all permitting requirements of the City and other agencies such as Minnehaha Creek prior to the start of construction. 9) The barn/indoor riding arena shall not be occupied prior to a Certificate of Occupancy for the principal structure. 10) The Owners shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the Conditional Use Permit application. Dated: March 19, 2019. By: ______________________ Kathleen Martin, Mayor Attest: By: __________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 3 EXHIBIT A Legal Description of the Property Lot 2, Block 1, Wakefield Valley Farm, Hennepin County, MN TO: Administrator Scott Johnson and Medina City Council FROM: Director of Public Safety Ed Belland DATE: March 14, 2019 RE: Weapon Camera Policy / Public Hearing / Purchase Background After evaluating body camera and weapon cameras systems we have decided on moving forward with the weapon cameras as I informed the Council at the goal setting session in January. The weapon cameras are an asset that will supplement our current squad camera videos. The weapon cameras will capture the most dangerous and highest liability incidents our officers face, when they draw their weapons in the line of duty. The cameras are a very low-cost option compared to the body cameras. There are minor costs to manage the saved files which will be done in-house. I have developed our policy, “Portable Audio/Video Records” to meet the State Statute requirements. It also meshes with our Squad Video Policy for retention times and release procedures. As part of the Minnesota State Statute a public hearing is required to have public feedback on the policy before implementing the weapon cameras. Attached is the policy. The public hearing has been scheduled and noticed for the March 19, 2019 at the Medina City Council Meeting. Representatives from the Virdian Corporation will be in attendance for any questions. Requested Action If the Council approves the policy, I would ask to move forward with the purchase of the 10 weapon cameras for our licensed officers at a cost of $6720. The funds for the purchase of the cameras would come from a $5000 donation made last year to the police department for police equipment and the remaining amount out police equipment forfeiture fund. I would ask for the City Council’s approval. MEMORANDUM Agenda Item # 7A Medina Police Department Subject: Portable Audio/Video Recorders Policy Number: 2042 In – Sq u a d Vi d e o Re c o r d i n g s 20 4 2 Reference: Chief’s Directive Pages: 7 Personnel: Sworn and Non-Sworn Personnel Issue Date: 01-18-2019 Revised Date: 01-18-2019 Review Date: As Needed 2042.1 – PURPOSE and SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties (Minn. Stat. § 626.8473). Portable audio/ video recording devices include all recording systems whether body-worn, weapon mounted camera, handheld or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Medina Police facility, undercover operations, wiretaps or eavesdropping (concealed listening devices) unless captured by a portable recording system. DEFINITIONS: Definitions related to this policy include: Portable recording system - A device worn by a member that is capable of both video and audio recording of the member’s activities and interactions with others or collecting digital multimedia evidence as part of an investigation and as provided in Minn. Stat. § 13.825.1 2042.2 – POLICY The Medina Police may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the department and the public. 2042.3 – MEMBER PRIVACY EXPECTATION All recordings made by members on any department-issued device at any time or while acting in an official capacity of this department, regardless of ownership of the device, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 2042.4 – MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member issued a portable recording device by Medina Police Department will be responsible for making sure the recorder is in good working order 1 Weapon Mounted Cameras (WMCs) (a new category of law enforcement products) are not specifically addressed within the Minnesota law definition for “portable recording systems” that governs the requirement for and specifics of department policies. (See Minn. Stat 13.825 (2016)). It is undetermined if certain portable recording system policy requirements are required for WMCs, but this policy is drafted to follow the statutory requirements where applicable. As a result, some aspects of the policy associated with WMCs are not included due to requirements but are included as best practice. Other portable recording system policy requirements are not included where inapplicable the WMC. (Minn. Stat. § 13.825). If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable (Minn. Stat. § 626.8473). Except weapon mounted cameras will be placed on an officer's duty weapon, placed in a holster or firearms storage device and not otherwise conspicuously placed or announced. Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. Except weapon mounted cameras will be placed on an officer's duty weapons, placed in a holster or firearms storage device and not otherwise conspicuously placed or announced. When using a portable recorder, the assigned member shall record his/her name, employee number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned, or the member deactivated the recording (Minn. Stat. § 626.8473). Members should include the reason for deactivation. 2042.5– ACTIVATION OF THE AUDIO/VIDEO RECORDER This policy is not intended to describe every possible situation in which the recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The recorder should be activated in any of the following situations: (a) All enforcement and investigative contacts including stops and field interview (FI) situations (b) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops (c) Self-initiated activity in which a member would normally notify Hennepin County Sheriff’s Office Dispatch (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording (e) A weapon mounted camera will be automatically activated for recordings upon the officer removing the weapon from a holster or a firearm storage device. Weapon mounted cameras are not intended to be used for situations a, b, c, or d., unless they involve a use of force incident involving the use of a firearm. The intended purpose of a weapon mounted camera is for use of force encounters or incidents where the officer's firearm is deployed from the officer's holster and involves the use of a firearm. Department policy for unholstering or reholstering the member’s firearm will dictate the extent of recording rather than any consideration of evidentiary value or other basis to initiate or continue recording an encounter. The officer shall not unholster or leave the firearm unholstered for the purpose of recording an encounter. A member shall not draw his or her firearm from the holster for the sole purpose of recording an encounter. Each draw of the firearm shall be considered a use-of-force incident and will be evaluated for propriety under standard department procedure. Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. 2042.5 – CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Weapon mounted cameras will automatically terminate recording when the weapon is rehosltered into a duty holster or firearms storage device. Officers will not intentionally leave their weapon out of the holster to continue recording an encounter when a reasonable officer would have placed his duty weapon back into his holster or locking device. If the WMC recording is discontinued while an investigation, response, or incident is ongoing, officers shall state the reasons for ceasing the recording on camera before deactivating their WMC, including a statement of deactivation due to reholstering the firearm. If circumstances change, officers shall reactivate their cameras only upon unholstering the firearm pursuant to department firearm use policy. In certain circumstances, an officer’s firearm may remain unholstered so that recording automatically continues for an extended period of time, such as if there if the weapon is fired at a scene and must be detained or quarantined as evidence. In such cases, the officer in charge of the scene shall make and document on the recording the determination of whether to reholster the firearm or otherwise deactivate the device (which can only be done by manual battery removal) pursuant to the procedure above. Members shall not tamper with the WMC in any way that prevents obstructs, or alters its automatic and instant recording function. Only supervisory personnel in charge of an incident scene shall be authorized to remove the battery from the unit to terminate recording. In such event, the supervisory personnel shall state on the recording that the battery is being removed from the unit and the reason[s] for doing so (and then wait a minimum of three minutes to take this action to ensure proper saving procedures of the involved subfile). Any officer removing the battery from the WMC for any reason (other than for replacement or recharging at the beginning or end of a shift or for necessary recharging during a shift) shall be subject to internal review and discipline for improper tampering with the WMC device. 2042.6 – SURREPTITIOUS RECORDINGS Minnesota law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (Minn. Stat. § 626A.02). Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation. Members shall not draw the firearm for the purpose of activating a weapon mounted camera for the purpose of surreptitiously recording. Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Director of Public Safety or the authorized designee, or unless associated with an encounter in which Department policy authorizes the Member to draw the firearm. 2042.7 – EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 2042.8 – IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag or mark the recordings in accordance with procedure and document the existence of the recording in any related case report. A member should transfer, tag or mark recordings when the member reasonably believes: (a) The recording contains evidence relevant to potential criminal, civil or administrative matters. (b) A complainant, victim or witness has requested non-disclosure. (c) A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d) Disclosure may be an unreasonable violation of someone’s privacy. (e) Medical or mental health information is contained. (f) Disclosure may compromise an under-cover officer or confidential informant. (g) The recording or portions of the recording may be protected under the Minnesota Data Practices Act. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. Weapon mounted camera data and recordings will be downloaded into a password protected secured server site at Medina Police Facility. Downloads of data will be handled by the Director of Public Safety or the patrol sergeant. Patrol officers issued weapon mounted cameras will not be allowed to download their own data and will not be provided the password to access the recorded data. Patrol officers shall notify the Director of Public Safety or patrol sergeant of any data to be marked as required by this section. 2042.9 – REVIEW OF RECORDED MEDIA FILES When preparing written reports, members may review their recordings as a resource, with the exception of Officer involved shooting cases, (See the Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member’s performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) In compliance with the Minnesota Data Practices Act request, if permitted or required by the Act, including pursuant to Minn. Stat. § 13.82, Subd. 15, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the Custodian of Records prior to public release (See the Records Maintenance and Release Policy). Recordings that are clearly offensive to common sensibilities should not be publicly released unless disclosure is required by law or order of the court (Minn. Stat. § 13.82, Subd. 7). 2042.10 – COORDINATOR The Director of Public Safety or the authorized designee should designate a coordinator responsible for (Minn. Stat. § 626.8473; Minn. Stat. § 13.825): (a) Establishing procedures for the security, storage and maintenance of data and recordings. 1. The coordinator should work with the Custodian of Records and the member assigned to coordinate the use, access and release of protected information to ensure that procedures comply with requirements of the Minnesota Government Data Practices Act (MGDPA) and other applicable laws (Minn. Stat. § 13.01 et seq.) (See the Protected Information and the Records Maintenance and Release policies). (b) Establishing procedures for accessing data and recordings. 1. These procedures should include the process to obtain written authorization for access to non-public data by Medina members and members of other governmental entities and agencies. (c) Establishing procedures for logging or auditing access. (d) Establishing procedures for transferring, downloading, tagging or marking events. (e) Establishing an inventory of portable recorders including: 1. Total number of devices owned or maintained by the Medina Police. 2. Daily record of the total number deployed and used by members and, if applicable, the precinct or district in which the devices were used. 3. Total amount of recorded audio and video data collected by the devices and maintained by the Medina Police. (f) Preparing the biennial audit required by Minn. Stat. § 13.825, Subd. 9. (g) Notifying the Bureau of Criminal Apprehension (BCA) in a timely manner when new equipment is obtained by the Medina Police that expands the type or scope of surveillance capabilities of the department’s portable recorders. 2042.11 – PROHIBITED USE OF AUDIO/VIDEO RECORDERS Members are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on- duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Chief or Designee/Supervisor. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule. 2042.12 – RETENTION OF RECORDINGS All recordings shall be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 90 days. If an individual captured in a recording submits a written request, the recording may be retained for additional time period. The coordinator should be responsible for notifying the individual prior to destruction of the recording (Minn. Stat. § 13.825). 2042.13 – RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. 2042.14 – ACCESS TO RECORDINGS Except as provided by Minn. Stat. § 13.825, Subd. 2, audio/video recordings are considered private or nonpublic data. Any person captured in a recording may have access to the recording. If the individual requests a copy of the recording and does not have the consent of other non-law enforcement individuals captured on the recording, the identity of those individuals must be blurred or obscured sufficiently to render the subject unidentifiable prior to release. The identity of on-duty peace officers may not be obscured unless their identity is protected under Minn. Stat. § 13.82, Subd. 17. 2042.15 – ACCOUNTIBILITY Any member who accesses or releases recordings without authorization may be subject to discipline (See the Standards of Conduct and the Protected Information policies) (Minn. Stat. § 626.847 Maxxon Page 1 of 2 March 19, 2019 Variance and Site Plan Review City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: March 14, 2019 MEETING: March 19, 2019 City Council SUBJ: Public Hearing – Maxxon – Variance and Site Plan Review –920 Hamel Road Background Early in 2018, the City Council adopted resolution 2018-10, which granted site plan review approval to Maxxon Corporation construction of a 5190 square foot two-level addition at 920 Hamel Road. At this point, the applicant has not constructed the addition. The subject property is located within the Shoreland Overlay District of Elm Creek, which flows along the east edge of the property. As a result, hardcover is limited to 25% of the lot. The property was developed prior to this limitation, and existing hardcover on the site is approximately 50%. The applicant originally proposed to off-set the new hardcover for the addition by removing bituminous parking lot and replacing with Grasspave, a pervious surfacing. This resulted in no net increase in hardcover when approved last year. Since the project was approved, the City has begun planning for construction of a stormwater pond north of the site in connection with the reconstruction of Hickory Drive. Rather than replacing parking lot area with Grasspave, the applicant is now proposing to construct improvements on the site which would collect stormwater from the building and parking lot and pipe it to the City’s pond. The applicant requests a variance from the 25% hardcover limitation in the shoreland overlay district to add 2,278 square feet of hardcover for the addition. If the variance is approved, rather than investing in the cost of the Grasspave in the parking lot, the applicant proposes to construct improvements to capture stormwater from the site and direct it to the City’s storm pond. The existing eastern parking lot and much of the existing buildings drains, untreated, directly to Elm Creek. The applicant argues that this should result in improved water quality and rate control. The Planning Commission reviewed the variance and amended site plan at their March 12 meeting. No one provided public comment at the meeting. Commissioners believed the proposed site plan would better serve the purpose and intent of the ordinance and that it meets the criteria for a variance. Staff intended to present at the March 19 City Council meeting and announced that the City Council, in its role as the Board of Adjustments and Appeals, would hold a public hearing at the March 19 meeting. The applicant contacted staff and requested a delay in the review. The applicant indicated that they are reviewing additional small adjustments to the plans; potentially adding an additional 4 feet to the building and removing additional hardcover elsewhere. Agenda Item # 7B Maxxon Page 2 of 2 March 19, 2019 Variance and Site Plan Review City Council Meeting Since staff announced the public hearing for the March 19, 2019 City Council meeting, staff recommends that the matter be included on the agenda and that the Council continue the matter to the April 16 meeting. Potential Action Move to continue the public hearing to the April 16, 2019 City Council meeting. Wally and Bridget Marx Page 1 of 6 March 19, 2019 Amended CD-PUD/Preliminary Plat City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: March 14, 2019 MEETING: March 19, 2019 City Council SUBJ: Wally and Bridget Marx – 2800 Parkview Drive – Amended Conservation Design Subdivision PUD General Plan and Preliminary Plat Overview On October 17, 2017 the City Council adopted Ordinance 618, established a Conservation Design-Planned Unit Development (CD-PUD) district for the School Lake Preserve subdivision. The Council granted final plat approval on February 20, 2018. The plat was recorded and construction was completed for the shared driveway and associated stormwater improvements. At this point, no homes have been constructed in the subdivision. The applicant has also not completed grading for the future trailhead. The property owners desire to shift one of the lots within the subdivision (Lot 2, Block 2; 2800 Parkview Drive). The proposal is to change the lot line between the lot and the conservation outlot which surrounds the lot. The resulting lot would be the same size, but shifted approximately 50 feet to the northeast. The lot as proposed is shown on the following page with solid blue lines, and the previous orientation shown with dashed blue. The entire CD-PUD subdivision is outlined in red. The CD-PUD subdivision placed approximately 70 acres of the 89.75 acres into permeant conservation easements and created six residential lots. 11.76 acres of the conservation area is buildable land which was not otherwise protected by City ordinance. The subdivision is located on Parkview Drive, north of County Road 24, southwest of School Lake and east of the Baker National Golf Course. The Conservation Design Planned Unit Development (CD-PUD) district is an overlay district which provides an applicant an option to permanently preserve portions of a property by providing incentives to develop the property consistent with the conservation objectives of the City rather than conventional development following the standard zoning regulations. The ordinance allows the City to grant flexibility to the underlying zoning regulations in order to encourage property owners to protect natural resources and open space with conservation easements. Flexibility can include density bonuses, reduced setbacks and lot size requirements, and flexibility to park dedication or septic regulations. Flexibility can also be considered for upland buffer and tree preservation regulations on specific lots in the interests of protecting natural resources more broadly on the site. During review of the original subdivision, the majority of the City Council determined that various aspects of flexibility should be granted to encourage the conservation. Most Agenda Item # 7C Wally and Bridget Marx Page 2 of 6 March 19, 2019 Amended CD-PUD/Preliminary Plat City Council Meeting significantly, a density bonus was granted to double the base density, which is the maximum bonus permitted. Staff believes it is appropriate to consider the Conservation Objectives described within the ordinance when considering requests to amend a CD-PUD proposal. One way to consider amendments would be to try to determine how you would have judged the flexibility allowed in the CD-PUD if it had been proposed like this in the first place. On the other hand, an amendment should not be significantly inconsistent with the objectives of the CD-PUD district. Conservation Objectives and Determining Flexibility The CD-PUD process allows the City to grant flexibility to the underlying zoning regulations as an incentive to permanently conserve natural resources and open space. According to the CD- PUD ordinance, the City has the full discretion to determine how much flexibility to grant based Wally and Bridget Marx Page 3 of 6 March 19, 2019 Amended CD-PUD/Preliminary Plat City Council Meeting “the amount and quality of Conservation Area protected, the public access to or enjoyment thereof, and how well the project achieves the following conservation objectives over and above that achievable under conventional development: a) Parcels with opportunities to achieve the following primary conservation objectives will be given higher consideration for flexibility from performance standards. (1) The protection and/or restoration of the ecological function of native hardwood forests (e.g. Maple-Basswood Forest). (2) The protection and preservation of lakes, streams and wetlands beyond existing regulatory requirements. (3) The protection, restoration, and/or creation of moderate to high quality ecological resources including the sensitive ecological resources identified as priority areas on the Composite Map of the Open Space Report as updated from time to time. (4) The reservation of land connecting aquatic and terrestrial ecological resources to restore and/or create new ecological resources suitable for habitat movement corridors. (5) The reservation of land for incorporating public and private trails in order to create connections to existing or planned trails as identified in the current Parks, Trails, and Open Space Plan. (b) Parcels with opportunities to achieve the following secondary conservation objectives may be given consideration for flexibility from performance standards: (1) The protection of scenic views and viewsheds including the views from roads identified as “Scenic Roads” on the Scenic Roads Map of the Open Space Report as updated from time to time. (2) The reservation of land for incorporating public and /or private Open Space in order to achieve goals as identified in the Comprehensive Plan. A copy of the approved CD-PUD is attached for reference. Staff has overlaid the approximate realignment of Lot 2, Block 2 on the overall plan for clarity, because the preliminary plat submitted by the applicant only shows a portion of the overall site (the lot and outlot proposed to be adjusted). The overall CD-PUD preserved 70 acres of conservation area, 11.84 acres of which is classified as buildable under the ordinance. The proposed amendment removes 0.5 acres from conservation but adds an equal 0.5 acres. The amendment would reduce the buildable conservation area by 0.08 acre, reducing the total to 11.76 buildable acres. The minimum amount of conservation is 30% of the buildable area, and the amendment would reduce the buildable conservation from 40.7% to 40.4% of the total. While this amount exceeds the minimum requirement, it is important to note that the City has the discretion to determine that maximum flexibility is only appropriate if a proposal exceeds the minimum amounts or substantially meets the objectives of the CD-PUD district. In this case, the maximum density bonus (doubling the base density) was provided based upon the conservation provided. Approximately 50 acres of the Conservation Area includes wetland areas, areas within School Lake or within the setback of Parkview Drive. The primary area of preservation which is beyond that required by standard wetland regulations and setback requirements is a 10-acre area east and west of Lot 1, Block 2. This area includes a Wally and Bridget Marx Page 4 of 6 March 19, 2019 Amended CD-PUD/Preliminary Plat City Council Meeting maple-basswood forest referenced in the applicant’s forester’s report. One of the other benefits discussed during the original review was the preservation of two acres of the School Lake lakeshore beyond the general regulations. The PUD also enacted a 200-foot minimum structure setback rather than 150-foot otherwise required. The proposed amendment would shift the lot approximately ¼ acre into this extra buffer, but would maintain the 200-foot minimum setback. As a result, the amendment would allow improvements such as driveways, patios, and tennis courts to be constructed closer to the lake than approved under the original proposal. Structures could not be constructed closer, however. The applicant argues that while the amendment would shift the lot closer to the lake, it also shifts the lot out of the wooded area to the southwest of the lot, which would then be added to the conservation area. The applicant argues that this is actually a better outcome. Minnehaha Creek Watershed, who holds the conservation easement, provided comments in which they do not see the amendment as a detriment to the overall conservation easement. These comments are attached for reference. Trail/Trailhead The original subdivision included a public trail along the shared driveway from Parkview Drive which would loop into the wooded area and provide a view of School Lake. This trail was going to be unpaved, essentially an area kept clear through the woods. The applicant also agreed to provide an area for a trailhead along the shared driveway to provide public access to the trail. Because of the slopes along the driveway, an area needed to be graded to provide for the future trailhead. This grading was included within the applicant’s plan and was anticipated to be completed while the applicant graded the site to widen the shared driveway. At this time, the grading has not yet been completed. As described in the purpose of the CD-PUD district, the bonus density and other flexibility granted for this project was based, in part, on “the public access to or enjoyment [of the Conservation Areas]” and “incorporating public trails.” The trailhead is an important aspect of this access and the approval of the CD-PUD approval. Staff believes that implementation of the trailhead was an integral part of the approval. At the time this amendment was first requested, the applicant sought to change the location for the trailhead because they were concerned the location they originally chose may impact a 120- year old tree and be difficult to accomplish because of a nearby drainageway. Staff sought to address this change in connection with the amended PUD and 2nd addition plat. The applicant subsequently indicated that they will complete the grading in the location approved and requested that the condition related to entering into an updated agreement to address the trailhead be removed from this review. The approved plans from the original subdivision require the grading to be completed and the City is holding a letter of credit to ensure its completion. The applicant has acknowledged the requirement and indicated that it will be completed as required in the Development Agreement. Wally and Bridget Marx Page 5 of 6 March 19, 2019 Amended CD-PUD/Preliminary Plat City Council Meeting The subdivision also included an easement for a future extension of this trail to the east, along the northern side of the large wetland. This corridor would allow for the potential of a future connection if a trail easement is obtained from the property to the east. Lot Standards The following lot standards were required in the School Lake CD-PUD. The lot as proposed in the amendment would meet these standards. School Lake CD-PUD Requirement Setback from Parkview Dr. 300 feet Setback from Perimeter 50 feet Interior structure setback 30 feet School Lake 200 feet Minimum Lot Size 2.5 acre Subdivision Review The original subdivision reviewed included a number of subjects which are not affected by the proposed amendment to shift the lot such as septic requirements, transportation issues, wetland buffers, and landscaping. As a result, these subjects are not addressed in this report. Planning Commission Recommendation The Planning Commission and City Council have a high level of discretion to determine if a proposed CD-PUD subdivision better serves the conservation objectives of the City than would conventional development, and how much flexibility, including bonus density, should be provided within a CD-PUD. The City has similar discretion when reviewing an amendment to an approved CD-PUD. As noted above, while it is appropriate to consider the amendment within the context of the broader project, an amendment should not be substantially inconsistent with the objectives of the CD-PUD. These objectives are described on page 2-3 of this report. The Planning Commission held a public hearing on the amendment to the CD-PUD and the preliminary plat at the March 12 meeting. No comments were received at the hearing. Planning Commissioners sought assurances that the grading for the trailhead would be provided as required in the original approval and recommended approval of the amendment to the CD-PUD and preliminary plat, subject to the following conditions: 1. Except as explicitly authorized by City resolution or ordinance, all aspects of this subdivision shall comply with all applicable state laws, city codes, ordinances and regulations. 2. The Applicant shall abide by the requirements of the wetland protection ordinance, including easement, signage, and vegetation requirements. 3. The Applicant shall submit any amendments to HOA covenants for review and approval of the City. 4. The Applicant shall take necessary actions to update the legal description of the Conservation Easement to include the replacement conservation area. Wally and Bridget Marx Page 6 of 6 March 19, 2019 Amended CD-PUD/Preliminary Plat City Council Meeting 5. The Applicant shall meet the requirements of the City Attorney related to title issues and recording procedures. 6. The plat shall be recorded with the Hennepin County Recorder within 180 days of approval or the plat shall be considered null and void. 7. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the amended Planned Unit Development, plat, and other relevant documents. Attachments 1. Document List 2. Excerpt from draft 3/12/2019 Planning Commission minutes 3. Ordinance No. 618 4. Minnehaha Creek Watershed Comments 5. Applicant Narrative/Amended General Plan of Development 6. Preliminary Plat 7. Approved CD-PUD general plan (with proposed realignment of Lot 2, Block 2 in red) 3/14/2019 Project: LR-19-243 – School Lake Preserve 2nd Amended CD-PUD; Plat The following documents are all part of the official 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 1/11/2010 1/11/2019 3 Application Y Fully executed 2/11/2019 Deposit 2/21/2019 2/21/2019 1 Deposit Y $2000 Applicant Letter 1/11/2019 1/11/2019 Survey 1/11/2019 1/10/2019 1 Y Minnehaha Creek Letter 1/11/2019 12/18/2018 1 Preliminary Plat 2/11/2019 2/11/2019 1 PrePlat Y Final Plat 2/11/2019 NA 2 Plat Y Narrative/General Plan 2/11/2010 NA 5 Narrative Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Notice 3/1/2019 3 Notice 5 pages w/ affidavit and list Legal 2/26/2019 1 Legal Prelim Review/Incomplete 1/18/2019 2 Prelim Review/Incomplete 2/21/2019 1 Planning Commission report 3/7/2019 6 20 pages w/ attachments City Council report 3/14/2019 6 21 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minutes 3/12/2019 3/14/2019 Medina Planning Commission Excerpt from DRAFT 3/12/2019 Meeting Minutes 1 Public Hearing – Wally and Bridget Marx – 2800 Parkview Drive – Amended Conservation Design-Planned Unit Development (CD-PUD) General Plan of Development and Preliminary Plat to Replat the Lot and the Adjacent Outlot Finke stated that each of the applications tonight have been previously reviewed by the Planning Commission and three of them were approved in some manner by the City Council. He stated that the School Lake CD-PUD was approved by the City Council and improvements have been constructed on the site, noting that homes have not yet been constructed. He stated that this request would adjust one lot in order to pivot the lot as shown on the plans. He explained that it would be proposed to shift one-half acre from the conservation area into the lot and one-half acre being shifted from the lot to the conservation area in order to accommodate a building pad on the lot. He stated that the conservation design objectives were thoroughly reviewed during the original request and resulted in three additional lots above the three allowed as a base density in return for the conservation provided. He stated that Minnehaha Creek Watershed District is the conservation holder and does not have an objection to this request. He stated that staff recommends approval subject to the conditions noted in the staff report. He stated that the applicant is requesting to remove condition four, as they will proceed with the grading when the best location is found. He noted that staff also supports that request. Nielsen asked if it would be likely that there is not an area for the grading found. Finke stated that the original grading plan was reviewed and could be achieved, although there was some concern with tree and drainage easement location. Kent Williams, 1632 Homestead Trail, spoke in representation of the applicants. He stated that the applicants did go to the easement holder, Minnehaha Creek Watershed District, and they agreed that it would make sense to complete this shift to increase the building pad and conserve additional trees. He acknowledged the 200-foot buffer from School Lake and noted that would remain intact. He stated that the applicants believe that this shift is important to conserve additional trees and better align with the shore of the lake. Williams asked the applicant’s reason for eliminating condition four. Finke stated that the original approval included that condition and the concern is that the applicant would like to move forward with the plat without slowing down the progress for the trailhead. Reid opened the public hearing at 7:20 p.m. No comments made. Reid closed the public hearing at 7:20 p.m. Motion by Nester, seconded by Williams, to recommend approval of the amendment to the CD- PUD and preliminary plat, subject to the conditions noted in the staff report, minus condition four. Motion carries unanimously. CITY OF MEDINA ORDINANCE NO.618 AN ORDINANCE ESTABLISHING A CONSERVATION DESIGN -PLANNED UNIT DEVELOPMENT DISTRICT FOR "SCHOOL LAKE NATURE PRESERVE" AND AMENDING THE OFFICIAL ZONING MAP THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The City of Medina received a request to change the zoning classification of certain property in the City which is legally described in Exhibit A, attached hereto (the Property"). Section 2. The Property is hereby zoned CD-PUD, Conservation Design District - Planned Unit Development, based upon the findings contained within Resolution 2017-85 granting PUD General Plan of Development and Preliminary Plat approval for the Property. Section 3. School Lake Nature Preserve Conservation Design Planned Unit Development Plan. A. All entitlements, including but not limited to, allowed dwelling units, allowed uses, and development standards established within this CD-PUD District are hereby set forth by the School Lake Nature Preserve General Plan received by the City on September 1, 2017 incorporated herein by reference as Exhibit A and as may be modified by this ordinance and Resolution 2017-85 approving the preliminary plat for "School Lake Nature Preserve". B. Any allowed uses and standards not specifically addressed by this Ordinance shall be subject to the requirements set forth by the City of Medina Zoning Ordinance and the requirements of the Rural Residential zoning district. Section 4. Lot Area and Dimensional Requirements. Lot requirements shall conform to the general width and area of the lots as represented on the School Lake Nature Preserve CD- PUD General Plan. Section 5. Lot Setback and Performance Standards. All standards of the Medina City Code and the Rural Residential zoning district shall apply to the Property unless explicitly amended in this ordinance or explicitly addressed in the CD-PUD, Conservation Design -Planned Unit Development zoning district. The following setback and performance standards are hereby in place for the School Lake Nature Preserve Conservation Design -Planned Unit Development: Minimum front yard setback: 40 feet Minimum setback from exterior of PUD: 50 feet Ordinance No. 618 1 October 17, 2017 Minimum side yard setback, between lots within the PUD: 20 feet Minimum rear yard setbacks: 40 feet Minimum setback from Parkview Drive: 300 feet Minimum setback from School Lake: 200 feet Section 6. The City of Medina Zoning Administrator is hereby directed to make the appropriate changes to the official zoning map of the City of Medina to reflect the change in zoning classifications as set forth above upon this ordinance becoming effective. Section 7. A copy of this Ordinance and the updated map shall be kept on file at the Medina City Hall. Section 8. This Ordinance shall be effective upon its passage and publication and recording of the final plat of School Lake Nature Preserve Attest: By: Adopted by the Medina City Council this 17th day of October, 2017. Jodi M< Gallup, City Clerk By: CITY OF MEDINA Bob Mitchell, Mayor Published in the Crow River News on this 26th day of October, 2017. Ordinance No. 618 2 October 17, 2017 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PID 16 118 23 32 0002 2700 Parkview Drive Medina, MN 55340 Legal description: Commencing at the NE corner of the NW 1/4 of the SW 1/4, thence South to the SE corner thereof, thence West to the SW corner thereof, thence North to the SW corner of Priscilla's Addition, thence easterly along the southerly line of said Addition to the SE corner thereof, thence North to the NE corner thereof, thence East to the beginning, except road. Section 16, Township 118, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota. PID 16 118 23 31 0002 2702 Parkview Drive Medina, MN 55340 Legal description: The South 500 feet east of that part of the NE 1/4 of SW 1/4 lying West of the East 520 feet thereof. Section 16, Township 118, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota. PID 16 118 23 23 0005 2900 Parkview Drive Medina, MN 55340 Legal description: That part of the S 1/2 of the NW 1/4 lying south of the North 845 feet thereof, except the West 417.42 feet of the North 208.71 feet of the South 213.71 feet thereof; also that part of the NE 1/4 of the SW 1/4 lying West of the East 520 feet thereof and North of the South 500 feet thereof, except road. Section 16,Township 118, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota. Ordinance No. 618 3 October 17, 2017 Ordinance No. 618 October 17, 2017 EXHIBIT B GENERAL PLAN OF DEVELOPMENT 4 MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE December 21, 2018 Kent M. Williams Williams Law Firm 1632 Homestead Trail Long Lake, MN 55356 Re: School Lake Nature Preserve CD-PUD Amendment — Block 2, Lot 2 Dear Mr. Williams: This is to confirm that the Minnehaha Creek Watershed District does not take issue with the proposed amendment to the School Lake Nature Preserve CD-PUD which would modify the lot lines for Block 2, Lot 2 by essentially turning the lot on its axis so that the northern lot line runs parallel to the northeast shoreline of School Lake, and then shifting the lot approximately 40 feet to the southeast. The proposed change would move the lot almost completely out of the wetland buffer to the south, and still maintain an adequate distance from the lakeshore buffer to the north. Thus, we see this adjustment as a benefit to the protection of the wetland buffer and associated wetland. Sincerely, l t Za.. \"• sty -N-10, k c{ ir— Laura Domyancich Minnehaha Creek Watershed District We collaborate with public and private partners to protect and improve land and water for current and future generations. 15320 Minnetonka Boulevard, Minnetonka, MN 55345 • (952) 471-0590 • Fax: (952) 471-0682 • www.minnehahacreek.org 440, WILLIAMS LAW FIRM VIA EMAIL TO DUSTY.FINKE@MEDINAMN.GOV January 11, 2018 Dusty Finke City Planner City of Medina 2052 County Road 24 Medina, MN 55340 Re: Request for Amendment - School Lake Nature Preserve CD-PUD Dear Dusty: 1632 Homestead Trail Long Lake, MN 55356 (612)940-4452 kent@williamstawfirmmn.com www.williamslawfirmmn.com Wallace and Bridget Marx request an amendment to the Final Plat of the School Lake Nature Preserve Conservation Design - Planned Unit. Development. A slight adjustment of the lot lines for Block 2, Lot 2, would move the Lot out of forest and wetland buffer area and align it with the lake in a more visually appealing way. The total conservation area would remain the same. No other changes are proposed. We believe the proposed adjustment is consistent with the conservation objectives of Section 827.51 of the Medina City Code. As the enclosed letter from the Minnehaha Creek Watershed District states, "The proposed change would move the lot almost completely out of the wetland buffer to the south, and still maintain an adequate distance from the lakeshore buffer to the north. Thus, we see this adjustment as a benefit to the protection of the wetland buffer and the associated wetland." This benefit, as well as the more appealing visual aesthetic, will enhance the conservation and economic value of the development. An application is attached. Mark Gronberg is submitting formal drawings and revised legal descriptions separately from this letter. Please let us know the appropriate deposit, and if you or anyone on the Planning Commission or the City Council has questions or needs more information. If possible, please add this request to the agenda for the Febtruary 12, 2019 Planning Commission meeting. Thanks. Sincerely, WILLIAMS LAW FIRM entM. Williams enclosures SCHOOL LAKE NATURE PRESERVE SECOND AMENDED GENERAL PLAN OF DEVELOPMENT School Lake Nature Preserve, LLC (“the Applicant”) respectfully requests an amendment to the School Lake Nature Preserve CD-PUD, as described more fully below. The Applicant also requests a replatting of the development. As requested in the City’s January 18, 2019 letter, this Second Amended General Plan of Development is submitted in compliance with Medina City Code § 827.35 Subd. 3, General Plan of Development. This Second Amended General Plan of Development is intended to amend and supplement the Amended General Plan of Development previously submitted on or about July 17, 2017; the Project Narrative and Concept Plan previously submitted on December 9, 2016, and the General Plan of Development, preliminary plat, and other materials previously submitted on May 12, 2017, which are incorporated by reference (to the extent not modified by this Second Amended Application). School Lake Nature Preserve (“the Development”) is an 89.75-acre CD-PUD development along the southwest shore of School Lake. The Development consists of six lots (four of which abut School Lake), a paved shared driveway and other shared driveways, two public trails, and a trailhead. Each of the six lots consists of a “fee lot” upon which a house can be constructed, with one or more “outlots” that are subject to a perpetual Conservation Easement and can only be used for conservation purposes. Besides protecting a significant amount of otherwise-unprotected land, the CD-PUD adds protections for already-protected land by, for example, increasing the usual 150-foot structural setback from School Lake to a 200-foot setback for all Lots within the Development. 2 Since Final Plat approval was granted, the Applicant has substantially completed installation of the paved shared driveway. The grading plan, however, requires a substantial amount of fill to be placed within Conservation Area for the construction of a trailhead for the public trail. This amount of fill required potentially would disturb the roots of a nearby 120-year old tree, and runoff would encroach upon a nearby creek that runs through this portion of the property. Therefore, the Applicant requests that the area for the trailhead be moved to the original location proposed by the City, next to Parkview Drive, where the environmental impact will be minimal and less fill will be needed. The Applicant also proposes a slight adjustment of the lot lines for Block 2, Lot 2, to move the Lot out of forest and wetland buffer area and align it with the lake in a more visually appealing way. The proposed amendment would essentially swap a combination of “buffer” and “buildable” land in the southern part of the lot for “setback” area to the north of the lot. The total lot size, and total conservation area, would remain the same. We believe these proposed amendments are consistent with the conservation objectives of Section 827.51 of the Medina City Code. With respect to the trailhead, moving it to its original location by Parkview would keep it from harming an ecologically significant tree and would avoid runoff into the creek. With regard to the Block 2, Lot 2 lot line shift, as the enclosed letter from the Minnehaha Creek Watershed District states, “The proposed change would move the lot almost completely out of the wetland buffer to the south, and still maintain an adequate distance from the lakeshore buffer to the north. Thus, we see this adjustment as a benefit to the protection of the wetland buffer and the associated wetland.” These benefits, as well as the more appealing visual aesthetic, will enhance the conservation and economic value of the development. 3 The proposed amendments result in no net gain or loss of fee vs. conservation area, and would have negligible effect on the comparative amounts of the “otherwise buildable” land within the conservation areas of the development. The total amount of conservation area approved by the existing CD-PUD is 69.61 acres of Conservation Area, of which 11.77 acres otherwise would be buildable if no CD-PUD had been approved. Under the proposed amendments, the total amount of Conservation Area would still be 69.61 acres of Conservation Area, of which 11.69 acres otherwise would be buildable if no CD-PUD had been approved. This minuscule decrease in “otherwise buildable” is even less significant because the entire .08 of an acre of “otherwise buildable” falls within the 200-foot structural setback, where no structures can be built. The Preliminary Plat shows the relevant wetland buffers, structural setbacks, and other necessary information to evaluate the proposed lot line change with respect to Block 2, Lot 2 of the Development. The previous Tree Inventory Report is unchanged. A revised grading plan and drawing shall be submitted for the proposed trailhead change as soon as they are finished. Following is additional information required by Subd. 3 of Section 827.35 of the City Code: 1. Property Address. 2700-2900 Parkview Drive, Medina, MN. 2. Zoning Classifications. Currently zoned CD-PUD; no change requested. 3. Property Owner: School Lake Nature Preserve, LLC 2700 Parkview Drive Medina, MN 55340 Authorized Agent: Wallace Marx, CEO. 4 4. Preliminary Plat. See enclosed amended Preliminary Plat prepared by Gronberg & Associates. 5. Preliminary plans: see id. 6. Legal descriptions: the existing legal descriptions for Block 2, Lot 2, would be amended as indicated on the Preliminary and Final Plats for the following: Lot 1, Block 1, School Lake Nature Preserve 2nd Addition Outlot A, School Lake Nature Preserve 2nd Addition The proposed trailhead amendment would require that the existing legal descriptions for Outlots I and J, and for the trailhead easement, also be changed. The new legal description will be submitted shortly. 7. Tabulation of residential dwellings and expected population: The existing six (6) residential dwellings and expected population would not be changed by these proposed amendments. 8. Preliminary grading and site alteration plan: See the Preliminary Plat submitted herewith. A revised grading plan will be submitted by Mark Gronberg & Associates showing the proposed amended trailhead location. 9. Timeline for development: 02/11/19 Application for Second Amended General Plan of Development filed 03/12/19 Planning Commission Presentation 03/19/19 City Council Presentation 03/26/19 Final City Approvals 04/01/19 Record documents; marketing begins 5 10/15/22 Estimated residential occupancy of Block 1, Lots 1 and 2; Block 2, Lots 1 and 2; and Block 3, Lot 1. 9. A statement summarizing all changes made to previously-submitted documents: See above. r/ 0 40 80 320 SCALE IN FEE T O WNERS: WALLACE AND BRIDGET MARX 2700 PARKVIEW DRIVE MEDINA, M N, 55340 AREA: 24.80+- ACRES SCHOOL L AKE PRESERVE 2ND ADDITION PRELI MINARY PLAT FOR WALLY MARX OF LOT 2, BLOCK 2, AND OUTLOT E, SCHOOL LAKE NATURE PRESERVE HENNEPIN COUNTY, MINNESOTA WETLAND F MA NAGE 2 WETLAND E -- EDGE OF WETLAN I �' WETLAN BUFFER, PROPO SED OUTLO T A N 89°09'10" W 520.01 N 89'33'18 ' W 207.75 16995 N 89 .3318' W 238.89 DETAIL 1"=60' EXISTING LOT LINE 111 SCHOOL LAKE BELOW 998OHW WETLAND E AND L ADDITION AL BUFFERS WITHINBL OTS� BUILDABLE AREA IN I I C ONSERVATION EASEMENT S L J ADDITIONAL CONSERVATION AREAS SL OPE>18 % POSSIBLE SEPTIC SITE .17.\ v \,, 4, N�,'4t \\ . 4. 2,1 I \ I N 89 '3318' W \ ci 93.16 1. N 60 .04.16 .W, N 89"0 739 ' W 223.85 NOTE OUTLOT A (PREVIOUSLY OUTLOT E) RE MAINS THE SA ME ARE A SO CONSERVATION AREAS RE MAIN THE SAME. BUILDABLE ARE A IN CONSERV ATION AREAS WAS REDUCED FROM 11.77 AC. TO 11.69 AC . OR 40.65% OF TOTAL BUILDABLE ACRES. THIS WAS REDUCED SLIGHTLY FROM THE PREVIOUS 40.92% BUT STILL OVER THE 30% REQUIRED. / / / / / PR OP OSED LOT LINE ZW� Z N Wga Q5Y V K J 000 =0 < rn X0 c 553 WZo zz jz CDU FAX: 952-473-4435 PH ONE: 952-473-4141 I hereby certify that this plan, specification, or report was prepared by me or under my direct aupervlsion and that I am a duly Licensed Land Surv eyor under the laws of the State of Minnesota. .lE 2•//-/ i MINN. LICENSE NUMBER /L 7S'3 ❑ 18-309 S 00°26'42" W 1321.38 S 00°26'44" W 266.10 208.72 S 00°26'44" W S 89°09'10" E 417.43 N 89°09'10" W 417.40 5.00 N 00°26'44" E S 89°09'10" E 300.01 N 00°20'01" E 938.08 215 .00 S 8 4° 2 0'0 1 " W 9 9 . 5 1 S 6 0 ° 2 0 ' 0 1 " W 305.08 S 00°20'01" W 380.00 S 89°03'53" E 2159.45 S 89°16'25" E 2681.97 S 00°26'42" W 485.47 N 89°09'10" W 520.01 SOUTH LINE OF NORTH 845 FT. OF S 1/2, NW 1/4 SEC. 16-118-23 WE T L A N D A PR E S E R V E WETLAND C MANAGE 2 WE T L A N D D PR E S E R V E WE T L A N D E WE T L A N D F MA N A G E 2 WET- LAND G MANAGE2 REMARKS I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT DATE __________MINN. LICENSE NUMBER __________ GRONBERG & ASSOCIATES, INC. CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS PHONE: 952-473-4141 FAX: 952-473-4435 445 N. WILLOW DRIVE LONG LAKE, MN 55356 WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. 8-5-16 1"=100' 17-238 17 - 2 3 8 EXISTING GARDENS PO S S I B L E H O U S E S I T E S S S S S S S S S S S C H O O L L A K E S SC H O O L L A K E N A T U R E P R E S E R V E PR E L I M I N A R Y P L A T S S S S S S S S SL O P E > 1 8 % 1 2 OU T L O T A OU T L O T C BU I L D A B L E A R E A WI T H I N L O T S AD D I T I O N A L CO N S E R V A T I O N A R E A S SC H O O L L A K E BE L O W 9 9 8 O H W WE T L A N D E A N D AD D I T I O N A L B U F F E R S E X I S T I N G H O U S E 50 7-26-12 OU T L O T B OU T L O T E OUTLOT F BC 7 BC 1 8 BC 17 BC 1 1 BC 1 3 BC 1 4 BC 16 BC 15 BC 18 BC 12 B C 5 OUTLOT D BC 1 BC 2 BC 3 BC 4 BU I L D A B L E A R E A I N CO N S E R V A T I O N E A S E M E N T WI D E N E X I S T I N G D R I V E TO 2 0 F T W I D E B I T U M I N O U S PR O P O S E D FI R E T R U C K TU R N A R O U N D 10-12-16 PR O P O S E D FI R E T R U C K TU R N A R O U N D BC 8 BC 9 10-27-16 BC WE T L A N D B PR E S E R V E W E T L A N D F WETLAND I MANAGE 3 W ETLA N D J M AN A G E 3 11-7-16 OUTLOT J OU T L O T G O U T L O T H OU T L O T I 12-1-16 BC 6 12-8-16 OUTLOT K 2 0 0 2 0 0 300+ 150 200 OU T L O T E 4 (TO BE OWNED BY LOT 1 BLOCK 2) 68 2 + - 104+- 133+-133+- 98 + - 128+- 1 1 5 + - 51+- 318+- 54 0 + - 659+- 608+- 6 6 + - 140+- 36 7 + - 208+- 36 7 + - 2 9 6 +- 80+- 39 0 + - 298+- 34 1 + - 68+- 1 8 9 + - 11 8 + - 9 5 + - 1 3 5 + - 275+- 33 0 + - 4 3 6 +- 3 2 7 + - 204+- 28+- 1 0 8 + - 1 7 9 + - 5 4 +- 698+- 485+- 520+- 4 5 +-40+- 207+- 1 6 9 +- 153+- 240+- 271+- 235+- 189+- 80+- 9 9 +- 778+- 47+- 4 2 + - 80+- 80+- 5 3 + - 1 0 6 + - 92+- 103+- 98+- 2 7 4 + - 225+- 9 9 + - 1 6 4 + - 95+- 110+- 6 5 + - 1 6 5 + - 1 5 1 + - 217+- 30+- 111+- 8 3 + - 1 6 5 + - 1 3 2 + - 217+- 175+- 1 4 3 +- 4 4 +- 6 2 +- 121 +-121+- 23+- 5 2 +- 1 5 9 +- 2 1 4 +- 1 9 6 +- 6 9 +- 4 6 6 +- 34+-3 0 +- 4 1 +- 4 0 + - 211+- 180+- 1 1 3 + - 145+- 380+- 154+- 346+- 5 0 +- 119+- 170+- 8 8 + - 253+- 746+- 1363+- 480+- 165+- 135+- 300+- 2 8 5 +- 4 6 + - 3 0 7 + - 841+- 817+- 250+- 5+- 7 5 B U F F E R 30 30 BUFFE R 30 7 5 3 0 3 0 40 BUFFER 30 3 0 BU F F E R 40 20 2 0 1 5 0 75 BUFFER 3 0 5-8-17 6-15-17 LOT DIMENSIONS, EAST-WEST TRAIL ESMT 2. 5 0 + - A C . 2. 5 8 + - A C . 2. 5 0 + - A C 2. 8 4 + - A C 6. 2 8 + - A C . 3. 5 3 + - A C . 2. 6 5 + - A C . 4. 6 8 + - A C . 4. 7 2 + - A C . 3. 5 0 + - A C . 21 . 9 5 + - A C . 4.80+- AC. 3. 1 9 + - A C . 0 .3 4 +- A C . 1 . 1 3 + - A C . 0 8 1 + - A C . 20 . 9 4 + - A C . PR O P O S E D D R A I N A G E EA S E M E N T O V E R W E T L A N D C 9 4 + - 7-5-17 REVISIONS 8-3-17 REVISIONS 21 . 9 5 + - A C 199+- 22 0 + - 2 6 2 +- 9 7 + - 156+- 1 3 7 + - 271+- 1 8 2 +- 4 4 +- 5 7 + - 9 2 +- 10 0 Y E A R F L O O D P L A I N = 9 9 9 1 0 0 Y E A R F L O O D P L A I N TH 1 3 TH 1 4 TH 1 5 TH 1 6 TH 9 TH 1 0 TH 1 1 TH 1 2 TH 1 9 TH 1 7 TH 1 8 TH 2 0 TH 2 1 TH 2 2 TH 2 3 TH 2 4 TH 3 3 TH 3 4 TH 3 5 TH 3 6 PO S S I B L E SE P T I C S I T E 4 4 3 3 PR O P O S E D HO R S E T R A I L PR O P O S E D HO R S E T R A I L H O R S E W A L K I N G T R A I L PR O P O S E D E A S T - W E S T T R A I L EA S E M E N T F O R F U T U R E U S E PR O P O S E D E A S T - W E S T T R A I L EA S E M E N T F O R F U T U R E U S E T R A IL BC 6 7 2 +- 12-5-17 LOT 4 MOVED EAST NI N E OA K S AR E A 990 9 9 0 9 9 0 1000 1 0 0 0 1000 1000 1 0 0 0 1 0 0 0 1 0 0 0 1000 1010 1010 1010 1 0 1 0 1 0 1 0 1 0 1 0 10101010 1010 1 0 2 0 1 0 2 0 1 0 2 0 1 0 2 0 1020 1 0 2 0 1 0 2 0 1030 1 0 3 0 1 0 3 0 1030 104 0 1 0 4 0 1 0 5 0 1050 1060 1070 1070 1020 1010 1 0 3 0 1 0 3 0 1030 9 9 8 O H W 14 . 2 3 + - A C R E S BE L O W 9 9 8 ( O H W ) C ONT O U R FL O O D P L A I N 0. 1 0 + - A C B L O C K 1 1 2 B L O C K 2 1 2 B L O C K 3 2-5-18 50' R.O.W PARKVIEW O U T L O T L Planning Department Update Page 1 of 2 March 19, 2019 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: March 14, 2019 SUBJ: Planning Department Updates – March 19, 2019 City Council Meeting Land Use Application Review A) Theisen Riding Arena CUP – 3325 County Road 24 – Scott and Chantelle Theisen have requested a CUP for construction of a barn and indoor riding arena. The Planning Commission held a public hearing at the February 12 meeting and recommended approval. The Council reviewed at the March 5 meeting and directed staff to prepare a resolution of approval, which will be presented on March 19. B) Maxxon Variance/Site Plan Review – 920 Hamel Road – The City Council approved a site plan review for an addition at Maxxon back in 2018. At that time, the applicant had proposed pervious surfacing in the parking lot to offset the added hardcover for the addition. The City and applicant have been in discussions about potentially making alternative improvements to the site to capture the runoff into the Hickory Drive pond project. The applicant has now requested a variance from the 25% hardcover limitation in the Elm Creek shoreland district to invest in the alternative site improvements rather than pervious bituminous. The Planning Commission reviewed at the March 12 meeting and recommended approval. A public hearing on the variance is scheduled for the March 19 Council meeting. C) School Lake Nature Preserve CD-PUD Amendment – Wally and Bridget Marx have requested an amendment to the CD-PUD to shift the location of one of the lots in the development. Staff has conducted a preliminary review and requested additional information. The Planning Commission held a public hearing at the March 12 meeting and recommended approval. The item is scheduled for review at the March 19 City Council meeting. D) Raskob Elm Creek Addition – 500 Hamel Road – The John W Raskob Trust has requested to subdivide the 8 acres (approximately 4 net acres) of property into two separate parcels so that the family could market the two separately. Staff is conducting a preliminary review and the application will be presented to the Planning Commission when prepared, potentially at the April 9 meeting. E) Charlie’s Restaurant PUD Concept – 172 Hamel Road – Steve Andres has requested review of a Planned Unit Development (PUD) Concept Plan for construction of a restaurant at the corner of Hamel Road and Sioux Drive. The applicant seeks a PUD to provide flexibility to use cargo shipping containers for the building structure. The Planning Commission is tentatively scheduled to hold a public hearing on April 9, 2019. F) Medina Mini-Storage Site Plan Review – 4790 Rolling Hills Road – Highway 55 Rental Portable Storable LLC (Jeff Pederson) has requested a Site Plan Review for construction of a 5,140 square foot mini-storage building within the existing paved area. The Planning Commission is tentatively scheduled to review on April 9, 2019. G) Cavanaughs Meadowwoods Park Third Addition/OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate company for OSI) has requested approval of a site plan review, preliminary plat and rezoning to construct a 2nd building north of their existing facility. The applicant proposes to construct the building on a separate lot and to rezone the property to Business, in line with the updated Comprehensive Plan. The Council adopted approval documents on November 7. The applicant has now requested final plat approval. The applicant has also proposed some slight adjustments to the site plan, which were presented at the Planning Commission Planning Department Update Page 2 of 2 March 19, 2019 City Council Meeting on March 12. The Planning Commission recommended approval of the amended site plan. Staff will present to the City Council when the final plat is prepared. H) RR1 side setback amendment – Brian and Christine Raskob, owners of 3240 Carriage Drive, have requested that the City consider reducing the minimum side yard setback in the RR1 zoning district for lots over 5 acres in size from 50 feet to 20 feet. The Planning Commission held a public hearing at the February 12 meeting and recommended approval. The Council adopted the ordinance at the March 5 meeting. This project will now be closed. I) 764 Aster Road Easement Vacation – Toll Brothers has requested that the City vacate an existing drainage and utility easement and replace it 3 feet to the north. This would allow construction of a deck. A Council held a public hearing at the March 5 meeting and adopted the resolution vacating the easement. Staff will record the replacement easement and close the project. J) Richardson Lot Combination – PIDs 18-118-23-24-0116 and 18-118-23-24-0117 – Big Island Land LLC (Dale Richardson) has requested a lot combination of two vacant parcels along Ardmore Avenue, just west of County Road 19. The parcels do not meet relevant lot standards and the applicant desires to combine them to construct a single home. The application is currently incomplete, and staff has requested additional information. Staff will schedule when complete for review. K) Ditter Concept Plan – Jim Ditter, Tom Ditter, and Ditter Properties have requested review of a concept plan related to the potential subdivision of four existing parcels totaling approximately 25 acres into five lots. The application will be left open in case the Ditters have additional information to provide in the coming months. L) Johnson ADU CUP, Maxxon, Dykhoff Septic Variance, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. M) Woods of Medina, Hamel Haven subdivisions – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plats are recorded Other Projects A) Rezoning for consistency with 2040 Comp Plan – The City Council adopted an ordinance rezoning 30 parcels for consistency with the updated Comp Plan on March 5, 2019. B) RR-UR Rezoning – The Planning Commission held a public hearing on the proposed rezoning of 5 parcels in the Northwest corner of the City to the Rural Residential-Urban Reserve (RR-UR) zoning district. These properties were designed Future Development Area in the updated Comp Plan and are currently zoned Rural Business Holding. An owner requested that one of the parcels not be rezoned to allow for limited business development in the next decades until development is permitted. The Planning Commission recommended 3 of the parcels be rezoned to RR-UR, and leaving two commercial. Staff intends to present the ordinance to the City Council on April 16. C) Tolomatic Administrative Site Plan Review – Tolomatic has requested approval of a site plan review to expand its parking lot at 3800 CR 116. The site plan has been approved and staff will work with the applicant on conditions of approval. D) Three Rivers Park Administrative Site Plan Review – Three Rivers Park has proposed to demolish and reconstruct a number of buildings within the Baker Park campground. It appears that the total square footage of the structures would not increase within the campground. Review is underway. E) Uptown Hamel – the group of students from the Humphrey School of Public Affairs held Open Houses on March 2, March 6, March 11, with attendance of a few dozen people total. The group also met with the Uptown Hamel Business Association. They are putting together a summary of the feedback, collecting additional surveys, and preparing a visual preference survey for later in the month. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: March 15, 2019 RE: Police Department Update Part-Time CSO On March 11th I approved the background of Patrick Johnson, our top candidate for the part-time CSO position. Mr. Johnson has accepted the position and has a start date of March 18th. Mr. Johnson is familiar to our department as he was a summer intern in 2017 and a reserve officer with us for the last 8 months. Mr. Johnson is a resident of Medina, he attended Orono High School and graduated from the University of North Dakota with his criminal justice degree. He is currently enrolled in a certificate program with Metro State to be eligible for licensing in the State of Minnesota as a peace officer. Weapon Cameras We are in the process of preparing for the implementation of the weapon cameras for the officers. Our policy will be in front of the Council on March 19th for approval and a public hearing. On March 12th we met with the Viridian Company, the makers of the weapon cameras, to review operation and training procedures. If the cameras and policy are approved, we will look for an April implementation date. Patrol Updates Training – On February 26, 2019, Officer Boecker and Officer Jessen conducted annual use of force refresher for the entire department. Patrol Activities - For the dates of February 26 to March 14, 2019, our officers issued 37 citations and 118 warnings for various traffic infractions. There was a total of 3 traffic accidents, 11 medicals, 10 alarms and 3 DWI’s. On 03-01-19, Officer Boecker and I responded to the Medina Inn for a chemical odor coming from a motel room and the business was concerned of possible narcotic activity. Upon arrival, it was learned who was renting the room and our agency was familiar with them from previous narcotic information. A K-9 assisted in sniffing the door which was found to have a positive indicator for narcotics. The West Metro Drug Task Force received a search warrant for the room. The renters of MEMORANDUM the room were found to be at Target and were subsequently arrested for shoplifting. A search of the room turned up methamphetamines and both parties were transported to Hennepin County Jail. On 03-01-19, I was working a Towards Zero Death shift in the snowstorm when I stopped a vehicle for driving without headlights. The driver was found to be intoxicated and was booked and released pending a court date. On 03-06-19, Officer Gregory took a theft of liquor report from Hwy 55 Liquors. The case was forwarded to investigations. On 03-07-19, Officer Scharf stopped a vehicle for equipment and moving violations. The driver was found to be intoxicated and was subsequently arrested for DWI. She was also in possession of methamphetamines and marijuana oils. Case was forwarded to the drug task force. On 03-09-19, Officer Scharf conducted an equipment violation traffic stop. The driver and passenger gave false names and were found to have warrants for their arrest. Both the driver and passenger also were in possession of methamphetamines. They were booked into jail and the case was forwarded to the drug task force. On 03-11-19, Officer Scharf responded to an alarm at Koch’s Korner. Upon arrival, it was found that one of the front doors had been smashed out. It appeared that the burglar was scared off by the audible alarm. Case forwarded to investigations for follow up. On 03-11-19, Officers Converse and McGill responded to a traffic complaint where a person was driving 25/55. Officer Converse located the vehicle and subsequently arrested the driver for DWI after obtaining a Preliminary Breath Test of .332. The driver was over four times the legal limit. Investigations Update Closed out two cases from Hennepin County Child Protection. Sent one of the cases to the Hennepin County Attorney’s office for review for possible charges. Filled in for a Patrol Shift due to Officers on vacation and/or at training. Investigating a theft report from a liquor store. Sent out a crime alert for the suspect. Investigating an attempted burglary of a business. The business sustained damage to a door but no other loss. Waiting on the business to provide surveillance video. Completed the background investigation for the new CSO position. Met with Steve Cole, who is the new investigator with the Corcoran Police Department. Steve has about twenty years of experience in Law Enforcement, 11 of those years as an investigator. He will be a great resource, as I adjust to this new position. Attended annual Use of Force training at the Police Department on 03/13/19. Currently (2) cases assigned to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: March 13, 2019 MEETING: March 19, 2019 SUBJECT: Public Works Update STREETS • Public Works has had a few more snow events in the past week. All the streets were cleared promptly. • Public works will continue to push back snow in intersections and from around fire hydrants as time allows. We have been working on clearing storm drains and have been addressing drainage concerns as they arise. • Bid packets have been opened for our road materials and are in your packet. • The roads are moving around a lot this year due to a rainy fall season and extreme cold weather. It will be some time until they get back to normal and it is expected that there may be a significant amount of cracking. • Seasonal weight restrictions will begin Friday March 15th. This always seems to come as a surprise to builders even though it happens every year. Restrictions are necessary to preserve the integrity of our streets. WATER/SEWER/STORMWATER • There was a watermain break in the Medina Morningside neighborhood. Public Works was notified on Sunday March 10th when we finished plowing snow. The well was keeping up, so we chose to wait until Monday to repair the leak which allowed time to get prepared for the repair. • Jim Stremel and I are working towards removal of inflow and infiltration from the sewer system. If you recall, we have a surcharge attached to our system from the Met Council for an exceedance a few years back. • Now that we can access the well information from the SCADA system, we will be working with the DNR to try to meet our reporting requirements. Since the data can be accessed remotely, it saves a lot of time. • Katrina and I still have annual reports to turn into the MPCA for the sanitary sewer system, which is due March 31st. PARKS/TRAILS • We have an Eagle Scout who has agreed to do the installation of the dugouts and benches at the Hamel Legion Park. Brady gave us a presentation at the staff level, along with HAC on March 12th, which HAC has agreed to assist Brady as well. Brady stopped by to see the location of the project and the dugouts and will be meeting again with staff soon to go over his timeline once approved by his Eagle Scout council. Page 2 of 2 • The sledding hill is in good condition and full of activity when temperatures permit. MISCELLANEOUS • We received two applications for the Foreman position. This was posted internally as we had interested and qualified personnel within. Interviews were conducted on Thursday March 13th. The memo for the Foreman position and the approval for posting a Maintenance Technician position are in your packet. • Katrina is continuing to work on Clean Up Day. The details insert will be in the next newsletter. Katrina and Nicole from Administration worked together to create a new layout and look for the insert. ORDER CHECKS MARCH 6, 2019 – MARCH 19, 2019 048555 ALTERNATIVE BUSINESS FURNITURE .................................. $747.60 048556 AXON ENTERPRISE INC ....................................................... $1,650.00 048557 BEAUDRY OIL & PROPANE .................................................. $3,873.57 048558 BLUE CROSS BLUE SHIELD OF MN ................................... $33,769.55 048559 CARGILL INC. ........................................................................ $8,776.69 048560 DE ALCUAZ, ALLY ...................................................................... $10.93 048561 DPC INDUSTRIES INC ........................................................... $1,372.55 048562 ECM PUBLISHERS INC ............................................................ $411.59 048563 FASTENAL COMPANY ............................................................. $201.08 048564 FINANCE AND COMMERCE ..................................................... $251.04 048565 GOODIN COMPANY ................................................................. $229.29 048566 GOPHER STATE ONE CALL .................................................... $135.00 048567 VOID .............................................................................................. $0.00 CK AMT INCORRECT 048568 HAMEL LUMBER INC ................................................................ $162.53 048569 HAMEL LIONS CLUB ............................................................. $1,050.00 048570 HASSAN SAND & GRAVEL ....................................................... $793.98 048571 HENN CTY CHIEFS POLICE ASSN .......................................... $150.00 048572 HENN COUNTY INFO TECH .................................................. $2,164.58 048573 HENN CTY RECORDER/REGISTRAR ........................................ $77.50 048574 MATTHEW E HUNZ .................................................................. $941.80 048575 INTERSTATE ALL BATTERY .................................................... $671.95 048576 KELLY'S WRECKER SERVICE INC .......................................... $236.92 048577 LEAGUE OF MINNESOTA CITIES .............................................. $20.00 048578 LEXISNEXIS RISK DATA MGMT INC .......................................... $38.50 048579 CITY OF MAPLE PLAIN ............................................................ $521.62 048580 MARCO (LEASE) ....................................................................... $283.34 048581 METROPOLITAN COUNCIL ................................................... $4,920.30 048582 METROPOLITAN COUNCIL ................................................. $32,076.54 048583 METRO WEST INSPECTION ............................................... $12,717.29 048584 MOTLEY AUTO SERVICE LLC ................................................. $335.00 048585 MULASKY, KATRIONA ................................................................ $36.45 048586 NAPA OF CORCORAN INC ...................................................... $963.76 048587 OFFICE DEPOT .......................................................................... $55.89 048588 CITY OF ORONO ...................................................................... $676.45 048589 PITNEY BOWES........................................................................ $380.94 048590 RAILROAD MANAGEMENT CO.LLC ......................................... $235.41 048591 STREICHER'S ........................................................................... $203.97 048592 SUBURBAN TIRE WHOLESALE INC ........................................ $570.20 048593 SUMMIT COMPANIES .............................................................. $765.00 048594 TALLEN & BAERTSCHI .......................................................... $2,891.88 048595 TITAN MACHINERY .................................................................. $788.26 048596 VESSCO, INC. ............................................................................. $46.26 048597 VIEAU, CEC .............................................................................. $780.80 048598 WESTSIDE WHOLESALE TIRE .................................................. $92.00 Total Checks $117,078.01 ELECTRONIC PAYMENTS MARCH 6, 2019 – MARCH 19, 2019 005000E PR PERA .............................................................................. $16,732.23 005001E PR FED/FICA ....................................................................... $17,615.41 005002E PR MN Deferred Comp ........................................................... $2,170.00 005003E PR STATE OF MINNESOTA .................................................. $4,080.21 005004E SELECT ACCOUNT ............................................................... $1,380.02 005005E CITY OF MEDINA ........................................................................ $19.00 005006E FARMERS STATE BANK OF HAMEL ....................................... $150.00 005007E PAYMENT SERVICE NETWORK INC ....................................... $912.22 005008E FURTHER .............................................................................. $4,475.39 005009E CENTURYLINK.......................................................................... $233.92 005010E CULLIGAN-METRO ..................................................................... $33.70 005011E CIPHER LABORATORIES INC. .............................................. $5,966.30 005012E FRONTIER .................................................................................. $56.86 005013E FURTHER .............................................................................. $4,217.92 005014E PITNEY BOWES POSTAGE BY PHONE ............................... $1,000.00 005015E VERIZON WIRELESS ............................................................. $1,094.85 005016E XCEL ENERGY ...................................................................... $9,601.05 005017E FURTHER ................................................................................. $388.00 005018E AFLAC ....................................................................................... $375.36 005019E MEDIACOM OF MN LLC ........................................................... $304.99 Total Electronic Checks $70,807.43 PAYROLL DIRECT DEPOSIT MARCH 6, 2019 0509286 ALBERS, TODD M. .................................................................... $230.87 0509287 ALTENDORF, JENNIFER L. ................................................... $1,530.27 0509288 ANDERSON, JOHN G. .............................................................. $230.87 0509289 BARNHART, ERIN A. ............................................................. $2,385.47 0509290 BELLAND, EDGAR J. ............................................................. $2,790.57 0509291 BOECKER, KEVIN D. ............................................................. $2,359.28 0509292 CONVERSE, KEITH A. ........................................................... $2,601.44 0509293 DESLAURIES, DEAN ................................................................ $230.87 0509294 DINGMANN, IVAN W. ............................................................. $2,177.07 0509295 ENDE, JOSEPH...................................................................... $2,508.08 0509296 FINKE, DUSTIN D. ................................................................. $2,402.99 0509297 GALLUP, JODI M. ................................................................... $1,832.12 0509298 GLEASON, JOHN M. .............................................................. $2,769.95 0509299 GREGORY, THOMAS ............................................................ $2,288.89 0509300 HALL, DAVID M. ..................................................................... $2,344.24 0509301 JACOBSON, NICOLE ................................................................ $943.45 0509302 JESSEN, JEREMIAH S. .......................................................... $2,230.70 0509303 JOHNSON, SCOTT T. ............................................................ $2,206.31 0509304 JONES, KATRINA M............................................................... $1,403.86 0509305 KIESER, NICHOLAS.................................................................. $608.86 0509306 KLAERS, ANNE M. ................................................................. $1,390.92 0509307 LEUER, GREGORY J. ............................................................ $2,188.51 0509308 MARTIN, KATHLEEN M ............................................................ $327.07 0509309 MCGILL, CHRISTOPHER R. .................................................. $1,874.50 0509310 MCKINLEY, JOSHUA D .......................................................... $1,973.73 0509311 NELSON, JASON ................................................................... $2,432.90 0509312 PEDERSON, JEFF .................................................................... $227.97 0509313 PETERSON, DEBRA A. .......................................................... $2,008.66 0509314 REINKING, DEREK M ............................................................ $2,695.51 0509315 ROBBINS, MELISSA .............................................................. $1,010.00 0509316 SCHARF, ANDREW ............................................................... $1,804.79 0509317 SCHERER, STEVEN T. .......................................................... $2,501.97 Total Payroll Direct Deposit $56,512.69