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HomeMy Public PortalAbout05.21.2019 Council Meeting Packet (minus 2018 financial statements) Posted 5/16/2019 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, May 21, 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 May 7, 2019 Regular Council Meeting V. CONSENT AGENDA A. Approve Tennis Court Rental Agreement with West Minneapolis Chinese Parents Association B. Approve Garden Maintenance Services Agreement with Designing Nature C. Appoint Austin Roerick as Public Works Maintenance Technician D. Resolution Granting Preliminary Approval of the Raskobs Elm Creek Addition Plat VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATION A. Abdo, Eick, and Meyers – 2018 Annual Financial Report VIII. NEW BUSINESS A. Review Draft Ordinance Adding a New Section 360 and a New Section 365 to the Medina City Code Regarding Repeat Nuisance Calls and Disorderly Houses IX. OLD BUSINESS A. Resolution Granting Site Plan Review Approval to Highway 55 Rental Portable Storage to Construct One Mini-Storage Building at 4790 Rolling Hills Road X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. 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: May 16, 2019 DATE OF MEETING: May 21, 2019 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Tennis Court Rental Agreement with West Minneapolis Chinese Parents Association (DBA: MinnSea Academy) – The MinnSea Academy will be conducting a Chinese language summer camp during the weekdays in July and August at the Hamel Community Building. As part of their day camp, they would like to offer tennis lessons and have requested a contracted rate. Staff recommends approval of the tennis court rental agreement offering the same group rate we approved with Carrie Agre’s summer tennis lessons at $6 per court per hour. See attached memo and agreement. B. Approve Garden Maintenance Services Agreement with Designing Nature – The City is recommending extending the Garden Maintenance Services Agreement with Designing Nature for an additional two years, 2019 and 2020, at the agreed upon rate of $30.16/hour which includes a 4% increase for the next two years. The previous rate was $29/hour for 2017-2018. Staff recommends approval. See attached agreement. C. Appoint Austin Roerick as Public Works Maintenance Technician – Staff completed the recruitment process for the full-time Public Works Maintenance Technician position and recommends the appointment of Austin Roerick to the position. See attached memo. D. Resolution Granting Preliminary Approval of the Raskobs Elm Creek Addition Plat – At the May 7th meeting, the City Council directed staff to prepare a resolution granting preliminary plat approval. There was discussion related to a discrepancy on the location of the property boundary between 500 and 492 Hamel Road. The surveyors shared information and discussed, and the surveyor of 492 Hamel Road (the adjacent property) now concurs with the boundaries shown on the preliminary plat. As such, no condition related to this issue was included. Staff recommends adoption of the resolution. See attached resolution.  2 VII. PRESENTATION A. 2018 Annual Financial Report– A representative from Medina’s auditing firm, Abdo, Eick, and Meyers, will be present at the meeting to present the City Council with a report of our 2018 financial statements. See attached financial report. Recommended Motion: Accept the 2018 Audit from Abdo, Eick, and Meyers VIII. NEW BUSINESS A. Review Draft Ordinance Adding a New Section 360 and a New Section 365 to the Medina City Code Regarding Repeat Nuisance Calls and Disorderly Houses – Staff is proposing to amend the City’s current nuisance ordinance by adding “disorderly houses” to give our officers one more tool to use in dealing with repeat offenders of our nuisance ordinance. Staff is requesting City Council feedback on the proposed changes. We will incorporate the feedback into the ordinance and bring back to the City Council at a later date for final approval. See attached memo and ordinance. IX. OLD BUSINESS A. Resolution Granting Site Plan Review Approval to Highway 55 Rental Portable Storage to Construct One Mini-Storage Building at 4790 Rolling Hills Road – The City Council reviewed this request at the May 7th meeting and directed staff to prepare the attached resolution for approval. This item would typically be on the consent agenda, but it has been moved to Old Business to allow the applicant Jeff Pederson to recuse himself. See attached resolution. Recommended Motion: Adopt Resolution Granting Site Plan Review Approval to Highway 55 Rental Portable Storage to Construct One Mini-Storage Building at 4790 Rolling Hills Road XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005080E-005096E for $60,930.35 and order check numbers 048761-048822 for $554,740.81 and payroll EFT 0509435-0509461 for $50,964.97. INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Meeting Minutes 1 May 7, 2019 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 7, 2019 3 4 The City Council of Medina, Minnesota met in regular session on May 7, 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, Anderson, DesLauriers, Martin, and Pederson. 10 11 Members absent: None. 12 13 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 14 Jim Stremel, City Planning Director Dusty Finke, City Finance Director Erin Barnhart, 15 Public Works Director Steve Scherer, 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 April 16, 2019 Reconvened Board of Appeal and 25 Equalization Meeting Minutes 26 Moved by Anderson, seconded by DesLauriers, to approve the April 16, 2019 27 reconvened Board of Appeal and Equalization meeting minutes as presented. Motion 28 passed unanimously. 29 30 B. Approval of the April 16, 2019 City Council Work Session Meeting Minutes 31 Johnson stated that changes were submitted by Anderson. 32 33 Moved by Anderson, seconded by DesLauriers, to approve the April 16, 2019 City 34 Council work session meeting minutes as amended. Motion passed unanimously. 35 36 C. Approval of the April 16, 2019 Regular City Council Meeting Minutes 37 Martin noted that she and Anderson submitted proposed revisions. 38 39 Moved by DesLauriers, seconded by Anderson, to approve the April 16, 2019 regular 40 City Council meeting minutes as amended. Motion passed unanimously. 41 42 D. Approval of the April 17, 2019 Business Forum Minutes 43 Moved by DesLauriers, seconded by Anderson, to approve the April 17, 2019 business 44 forum minutes as presented. 45 46 Further discussion: Pederson suggested moving forward with only two business visits 47 rather than three in the future, which would allow additional discussion time with the 48 businesses. 49 50 Belland noted that he is listed as present but was not at the meeting. 51 Medina City Council Meeting Minutes 2 May 7, 2019 Motion passed unanimously. 1 2 E. Approval of the April 17, 2019 Business Tours Minutes 3 Moved by DesLauriers, seconded by Anderson, to approve the April 17, 2019 business 4 tours minutes as presented. Motion passed unanimously. 5 6 V. CONSENT AGENDA (7:05 p.m.) 7 8 A. Resolution No. 2019-26 Accepting Donation from the Hamel Athletic Club 9 B. Approve Agreement with D’Fence 10 C. Approve Natural Resources Grant Agreement with Hennepin County 11 D. Resolution No. 2019-27 Authorizing Capital Project Fund Deer Hill Preserve 12 Improvement Balance Transfer and Closing 13 E. Resolution No. 2019-28 Authorizing Capital Project Fund TH 55 14 Intersections Balance Transfer and Closing 15 F. Resolution No. 2019-29 Approving Proposed Transfers and Assignment of 16 Fund Reserves 17 G. Resolution No. 2019-30 Granting Variance and Site Plan Review Approval 18 to MaxTech for Property at 920 Hamel Road 19 H. Resolution No. 2019-31 Granting Extension of Time to Effectuate the Lot 20 Combination at 900 and 920 Hamel Road; Amending Resolution No. 2018-21 09 22 Pederson thanked the Hamel Athletic Club for their generous donation. He also thanked 23 Finke and Scherer for their work on the grant. 24 25 Moved by Pederson, seconded by Albers, to approve the consent agenda. Motion 26 passed unanimously. 27 28 VI. COMMENTS (7:07 p.m.) 29 30 A. Comments from Citizens on Items not on the Agenda 31 There were none. 32 33 B. Park Commission 34 Scherer reported that the Park Commission will hold the first of its park tours the 35 following day, dependent upon the weather. He noted that the tour would begin at 36 Hamel Legion Park and then transition to Hunter Park. He stated that the bus tour will 37 be held on May 15th. 38 39 Johnson stated that an email has been sent stating that the decision will be made by 40 noon the following day on the weather. He confirmed that if the tour is canceled, it would 41 be combined with the bus tour the following week. 42 43 Scherer provided an update on spring park activity. 44 45 DesLauriers commented that the new dugouts look great and will last a long time. 46 47 Scherer stated that close to 100 signatures were obtained at Clean-Up Day for the park 48 replacement fund. He noted that the group will continue to attend public outreach events 49 in an attempt to gain additional support. 50 51 Medina City Council Meeting Minutes 3 May 7, 2019 C. Planning Commission 1 Finke reported that the Planning Commission will meet the following week to review the 2 presentation for Uptown Hamel and discuss the strategy to implement some of the 3 recommendations. 4 5 VII. PRESENTATIONS 6 7 A. Uptown Hamel Study/Presentation – U of M Humphrey Students (7:10 p.m.) 8 Nick Kieser thanked the staff, Council and Planning Commission for their assistance and 9 support throughout this process. He noted that a more detailed report will be sent to 10 staff following the presentation. He noted that much of the information is based off of the 11 City’s 2040 Comprehensive Plan and the objectives for Uptown Hamel, but also 12 incorporates the input received from the community. He explained that the three 13 objectives of the study were to conduct engagement activities, identify and research 14 trends, and provide recommendations. 15 16 Katie Page stated that three different open houses were held in an attempt to attract the 17 widest amount of community participation. She noted that online surveys were also 18 available for those that were unable to attend but still wanted to participate. She stated 19 that communication through email and online mapping activities were also available. 20 She described the three activities that were available at the open house meetings 21 including dream street, vision map, and preference scales. She noted that additional 22 input was received through comment cards at the open houses and through the online 23 activities available. 24 25 Mary Cutrufello stated that after conducting the open house and online activities, they 26 were able to identify four trends: restaurants, shops, and small businesses; a sense of 27 historic feel; parking issues; and building height/physical dimensions of the street. She 28 stated that there is a desire from residents for casual dining and coffee shops. She 29 stated that the residents preferred to have a local more unique option for dining, rather 30 than a chain restaurant. She moved to the comments relating to the historic feel, noting 31 that Uptown Hamel has a different character and people think it is important to maintain 32 that character. She stated that when thinking about further development/redevelopment 33 the issue of parking came forward. She noted that while there do not appear to be 34 parking problems currently, there is concern that parking issues could arise with further 35 development of that area. She noted that people prefer parking behind buildings, 36 keeping the storefronts closer to the street to maintain the historic feel and walkability. 37 She provided details on the input received regarding building height related to mixed use 38 development, noting that people were supportive of two to three stories. She used the 39 example of retail or restaurant on the street level with residential above. 40 41 Kieser summarized the recommendations that came out of this process that include 42 future community engagement, noting that the City can continue to build upon the 43 process that began in this study through community events, utilization of the community 44 groups, and use of social media. He stated that a parking study could be completed that 45 would determine available parking and possibilities for future development. He stated 46 that building height would come through new design guidelines for the area, which will 47 help to drive development in the manner that people want to see. He noted that food 48 trucks could be allowed at existing and future events to gauge the interest of residents 49 and could lead to permanent transitions. He stated that people want pedestrian 50 Medina City Council Meeting Minutes 4 May 7, 2019 connectivity to Uptown Hamel. He provided programs that could assist in the Uptown 1 Hamel area including the Minnesota Main Street Program. 2 3 Martin thanked the student group for their input and for completion of the project. 4 5 Pederson commended the students and agreed that parking would be an issue in the 6 future. He asked if a potential location was identified for future parking. 7 8 Kieser replied that the vision mapping included different preferences for parking but 9 noted that the trend identified parking behind the building, away from the roadway. He 10 confirmed the preference for building height to be between two and three stories. 11 12 Albers agreed that this was a great study with a good approach. He noted that he was 13 not surprised that residents continue to desire restaurants and coffee shops in that area. 14 15 DesLauriers stated that he appreciated being able to be a part of the process. He 16 agreed that much of the desires from the public were known and noted that the 17 challenge will be attempting to bring those desires to fruition with the challenges of the 18 existing infrastructure. 19 20 Anderson commended the students for their work, who put a lot of time and effort into 21 the work. 22 23 Martin stated that she attended the open houses and noted that most of the residents 24 that participated seemed to be in close proximity to the Uptown Hamel area. 25 26 Kieser stated that most residents came from the Enclave while there were residents from 27 other parts of the city. 28 29 Martin agreed that the Council is not surprised by the desires of the community in 30 wanting restaurants and places to gather. She asked if there are recommendations in 31 the report on how the City could attract those types of businesses to the Uptown Hamel 32 area. 33 34 Page stated that the City should build the environment, making the area pedestrian 35 friendly and completing the infrastructural changes that could attract retailers. 36 37 Martin stated that she liked the idea of using food trucks to bring attention to the area 38 and show that there is a drive to have that type of business in Uptown Hamel. 39 40 Page stated that the ball games tend to bring in a large group of people and that could 41 be a good opportunity to bring in a food truck. She noted that the report identifies 42 strategies that the City could use to incentivize businesses. 43 44 VIII. NEW BUSINESS 45 46 A. Ordinance Rezoning Certain Properties to Rural Residential-Urban Reserve 47 (RR-UR) (7:41 p.m.) 48 Finke stated that this is a continuation of previous discussions the Council has had to 49 review and rezone properties to be consistent with the 2040 Comprehensive Plan. He 50 stated that these five properties were a piece of the ordinance discussion, noting that the 51 Medina City Council Meeting Minutes 5 May 7, 2019 Planning Commission had desired additional discussion on these five properties before 1 making a recommendation. He noted that there were a number of public hearings held 2 on this topic. He stated that following the March 12th meeting, the Planning Commission 3 recommended that three of the five properties be rezoned to the Rural Residential-Urban 4 Reserve (RR-UR) while the remaining two remain in Rural Business Holding (RBH). He 5 stated that in the previous Comprehensive Plan, the properties were identified to be 6 incorporated into the MUSA and available for development as early as 2025, while the 7 2040 Plan pushes that potential development further out. He provided background 8 information on the allowed uses within the RR-UR and the RBH districts. He stated that 9 self-storage or mini-storage is an interesting example where water usage does not 10 correlate well to the allowed size of the structure. He stated that if the City is interested 11 in allowing business within the RBH, perhaps a different matrix should be developed for 12 the size of allowed uses. He stated that a property owner advocated for the continued 13 business designation at the public hearings and staff raised concern with the access of 14 that property. He stated that staff does not recommend the RBH for properties that 15 would have access from Highway 55 or the smaller roadways. He stated that parcel 26 16 does have access to the County Road and therefore access would not be an issue. He 17 stated that staff recommends that the properties be rezoned to RR-UR and if a property 18 wishes to, they could request RBH at the time of a development request. He stated that 19 the Planning Commission held a public hearing on this matter at their last meeting and 20 recommended that parcels 26 and 29 not be rezoned and instead be left in RBH. 21 22 Pederson stated that he serves on the Highway 55 Coalition and the objective is to not 23 create more accesses onto Highway 55. He stated that it would not make sense to 24 incentivize the existing accesses. He referenced lot 26, noting that when 19 redevelops 25 there will need to be stacking and a backage road would need to be used for access, as 26 he did not see how access from Highway 55 could be supported for that corner property. 27 He agreed that Town Line and Pioneer are not built to support business use. 28 29 Albers agreed that there is not a good access. He stated that he would support rezoning 30 all the properties to RR-UR rather than splitting the five properties between the two 31 districts. 32 33 Martin asked and received confirmation that parcels 26 and 29 would not have access to 34 Pioneer. 35 36 Finke provided details on how both properties currently have access, noting that parcel 37 26 has access onto CR 19, while parcel 29 has a driveway onto Highway 55. 38 39 Martin asked the type of approval that would be needed if the owner of parcel 29 wanted 40 to build a mini storage business on their parcel, should the property be rezoned RBH. 41 42 Finke stated that the property would need a Site Plan review. He noted that the parcel 43 would either continue to access from Highway 55 or would have an access onto a 44 subpar roadway that was not constructed to support business traffic. He stated that 45 should the Council decide that some type of business activity is allowed in the future 46 development area, that would not be inconsistent with the Comprehensive Plan. 47 48 Martin stated that it does not sound like the allowed uses under either RR-UR or RBH 49 would intensify traffic. She stated that perhaps it would make sense strategically for the 50 City to allow limited development, as stated in the report, because the decision to 51 Medina City Council Meeting Minutes 6 May 7, 2019 postpone future residential development has been made. She stated that this seems to 1 be a reasonable interim use that would also assist the tax base. 2 3 Pederson asked why the other three parcel owners would not come forward to request 4 similar zoning to RBH. 5 6 Martin noted that those three property owners have not objected to the proposed 7 rezoning to RR-UR. 8 9 Anderson stated that zoning all five properties to RR-UR would still allow a potential 10 developer to come forward and request a rezoning. He stated that he would support 11 following the staff recommendation to rezone all five properties to RR-UR. 12 13 Finke stated that if capacity for business development is something the Council is 14 interested in; he would possibly suggest looking for those opportunities closer to the 15 availability of sewer and water and updated infrastructure. 16 17 DesLauriers stated that many of the issues brought forward were discussed through the 18 Comprehensive Plan process, including access and consistency. 19 20 Joe Cavanaugh Jr., 275 Lakeview Road and owner of parcel 29, asked the Council to 21 keep an open mind. He stated that his property has been zoned rural business for the 22 past 15 years and they have held the property with the intention that sewer and water 23 would be brought to the parcel for development. He recognized that the ability to 24 develop the parcel has been pushed off for at least another 10 to 15 years and is asking 25 that he be allowed to do something for cashflow with the property in the meantime. He 26 stated that the property should be zoned in a way that the property will be used in the 27 future. He explained that it does not make sense for homes to be built on that property 28 along Highway 55. He stated that his property has slopes and the majority is not 29 buildable because of the steep slopes. He asked that he be allowed to do something 30 with his property in the time being, noting that the use has not caused problems thus far. 31 He stated that the Planning Commission supported his request and he is more than 32 willing to work with the City. 33 34 Martin stated that staff is recommending that the parcel be rezoned RR-UR and he could 35 then come back with a rezoning request in the future if desired when there is a real 36 project in mind. She asked if the property owner would be able to continue the current 37 activity. 38 39 Finke stated that staff has not reviewed or approved any business activity on the site 40 thus far. 41 42 Cavanaugh replied that the process is difficult to request a rezoning once a parcel is 43 zoned in one manner. He stated that he is simply looking to use a small portion of the 44 property in the time before sewer and water is brought to the area. He noted that he 45 would be interested in boat storage that could generate some income. He noted that 46 people are not coming and going often with that use. 47 48 DesLauriers asked and received confirmation from Mr. Cavanaugh that traffic has not 49 intensified with the current use of the property. 50 51 Medina City Council Meeting Minutes 7 May 7, 2019 1. Ordinance No. 647 Amending the Official Zoning Map to Rezone 1 Properties to the Rural Residential-Urban Reserve District 2 Moved by Anderson, seconded by Albers, to Adopt Ordinance No. 647 Amending the 3 Official Zoning Map to Rezone Properties to the Rural Residential-Urban Reserve 4 District. 5 6 Further discussion: Martin stated that she is struggling with the fact that people have 7 owned properties for a long period of time awaiting development and that development 8 ability has been delayed. She commented that she does not see the harm in letting this 9 property owner continue their use and having boat storage. 10 11 Finke stated that it would be disincentivizing to require a rezoning. He stated that if 12 there is an interest in allowing business, zoning the property RBH would make more 13 sense. 14 15 Motion passed 3-1 (Martin opposed) (Pederson recused himself). 16 17 1. Resolution No. 2019-32 Authorizing Publication of Ordinance No. 18 647 by Title and Summary 19 Moved by Anderson, seconded by Albers, to Adopt Resolution No. 2019-32 Authorizing 20 Publication of Ordinance No. 647 by Title and Summary. Motion passed unanimously. 21 (Pederson recused himself) 22 23 B. Patricia Raskob Trust – 500 Hamel Road – Preliminary Plat (8:13 p.m.) 24 Finke stated that this request is to subdivide the property into two halves. He noted that 25 there is not a development request, the property owner is simply interested in marketing 26 the property into two pieces. He displayed the Preliminary Plat, noting that the northern 27 half of the property is essentially unbuildable because of slope and the location of the 28 City stormwater pond. He stated that the City is paying for the subdivision costs as part 29 of the agreement that was created allowing the easement for the City stormwater pond. 30 He noted the location of Elm Creek and the required setbacks and hardcover 31 requirements because of the overlay district. He stated that one of the conditions of the 32 subdivision would be that the lots cannot exceed the hardcover requirement, which 33 would negate the ability for a future property owner to request a hardcover variance in 34 the future. He stated that the applicant has provided a floodplain mitigation plan that 35 would support the creation of a driveway without creating net impacts to the floodplain. 36 He reviewed the current zoning of the property, noting that the property would most likely 37 be rezoned in the future when the Uptown Hamel review is completed. He noted that 38 the subdivided property would continue to fit within the Uptown Hamel or mixed-use 39 districts and therefore the subdivision would not have an impact on future rezoning. He 40 stated that the Planning Commission held a public hearing the previous month and 41 recommended unanimous approval of the request subject to the conditions listed in the 42 report. He noted that the adjacent property owner has expressed concern with the 43 location of the identified lot lines and that will need to be resolved. 44 45 Joe Cavanaugh Jr., 275 Lakeview Road, stated that he raised concerns with the lot lines 46 two months ago. He stated that the lot lines have been moved by 40 feet but are still off. 47 He asked if that resolution would be a condition of the approval. 48 49 Batty stated that he cannot guarantee that everyone will be happy. He stated that it 50 seems the question is not with the dimension of the lot but just where that lot lies. He 51 Medina City Council Meeting Minutes 8 May 7, 2019 noted that the discrepancy has shrunken from 40 feet to two feet. He stated that the 1 County surveyor will determine the final location. He stated that this is a Preliminary 2 Plat. He stated that the title work matches the plat and therefore the applicants have 3 good title, the question is where the property is located on the earth. He stated that the 4 surveyors will make the final decision and the City will need to find it satisfactory, as the 5 other parties may not ultimately agree with the results. 6 7 Anderson asked about the length of time the survey process would take. 8 9 Finke was unsure of the timeline. He noted that the applicant’s surveyor was hoping to 10 touch base with the County the following day. He stated that this would be added as a 11 condition of final plat and the applicant would not be able to move forward until that 12 condition has been satisfied. 13 14 Martin stated that if the parties do not end up agreeing, there could be an adverse claim 15 on the title. 16 17 Anderson stated that approving the Preliminary Plat could put the Council in an awkward 18 position. 19 20 Johnson stated that the action tonight would simply be to direct staff to prepare the 21 resolution. 22 23 Batty stated that there is no question on the title, the question is where that property lies. 24 He stated that there does not seem to be a question of gap or overlay but where the 25 properties lie. 26 27 Finke stated that the resolution would not appear on the Consent Agenda if it is not to 28 the satisfaction of the City. 29 30 Pederson asked if the applicant can use the stormwater pond. 31 32 Finke confirmed use of the stormwater pond was part of the agreement for the City 33 easement. 34 35 Martin suggested changes to the proposed conditions one and four. She asked if it is 36 standard operating procedure to delay the payment of park dedication to the receipt of 37 building permit. 38 39 Finke confirmed that is consistent for the City. 40 41 Moved by Martin, seconded by Anderson, to direct staff to prepare a resolution granting 42 preliminary plat approval with the conditions stated in the report with three changes: #1 43 would be augmented to include the posting of financial guarantee with respect there to; 44 #4 would be changed to state that the owner acknowledge in the development 45 agreement that a letter of map amendment from FEMA may be necessary to avoid flood 46 insurance with future improvements respective of lot two; and adding a condition #9 that 47 there be a resolution satisfactory to the City Council of the surveying issues with the 48 neighboring property owner as discussed on the record tonight. Motion passed 49 unanimously. 50 51 Medina City Council Meeting Minutes 9 May 7, 2019 C. Jeff Pederson – 4790 Rolling Hills Road – Site Plan Review for Construction 1 of a Mini-Storage Building (8:31 p.m.) 2 Pederson recused himself from the discussion. 3 4 Finke stated that the original mini-storage was created in 1995 and in 2015, three 5 additional structures were approved and constructed in 2016. He noted that this request 6 would be the final building for the property which is zoned RBH. He reviewed the 7 adjacent property zoning and uses. He stated that the proposed building would be 4,320 8 square feet and would be constructed on existing hardcover, therefore not increasing the 9 total amount of hardcover on the site. He noted that there would be a condition requiring 10 the runoff from the new building to be directed to the existing stormwater pond. He 11 reviewed the proposed building materials, height and setbacks. He stated that the 12 Planning Commission reviewed this request at their meeting the previous month and 13 recommended approval subject to the conditions listed in the staff report. 14 15 Martin asked if there would be additional park dedication required. 16 17 Finke stated that park dedication is triggered by subdivisions, noting that this is not that 18 type of request. 19 20 Moved by DesLauriers, seconded by Anderson, to approve the Site Plan Review with 21 the conditions noted in the staff report. Motion passed unanimously. 22 23 Pederson rejoined the Council. 24 25 D. 2019 Staff Needs Analysis and Succession Plan (8:36 p.m.) 26 Johnson stated that there was good discussion on this topic at the March 19th 27 worksession. He noted that he took that input back to staff to discuss the true needs 28 over the next ten years. He noted that the plan is flexible, dependent on the conditions 29 in the market and staff workloads. 30 31 Belland stated that a survey of adjacent and like communities was done to compare 32 salary ranges. He stated that for patrol officers, Medina ranks fifth for wages and ranks 33 first for health benefits. He explained it continues to be difficult to recruit police officers, 34 noting that Medina competes for recruits with larger departments which rank much 35 higher in terms of pay. He stated that having great benefits is a good selling point for 36 recruits and helps to retain employees. He noted that a combination of benefits and 37 salary is important. 38 39 Scherer agreed that it is becoming more difficult to recruit employees for public works as 40 well. He stated that the pay ranges vary, and the City competes with organizations and 41 businesses that may pay higher or have better benefits. He noted that this is a very 42 different market for hiring. Full-time benefits are important in recruiting good family-43 oriented people and benefits help retain them. 44 45 Barnhart stated that it is difficult to show the full impact, as costs for benefits range in 46 price because the premiums are age based. She stated that the salary ranges remain 47 consistent with the program the City follows, noting that the only yearly impact would be 48 COLA increases. She provided additional information on the cost for benefits and 49 PERA. 50 51 Medina City Council Meeting Minutes 10 May 7, 2019 Pederson agreed that this is a challenging market to hire employees. He agreed that 1 benefits are an important driver and noted that the City’s employee atmosphere is great 2 for retaining employees. 3 4 Barnhart stated that cities are not shy in trying to recruit employees from Medina, but the 5 employees continue to stay with the City. 6 7 Johnson agreed that City Staff have created a great work culture that is appealing to 8 new employees. 9 10 Scherer stated that in the recent interviews, applicants have asked him how he likes 11 working for Medina. He commented that Medina is a great culture to work in and does 12 not tend to have the same issues as other municipalities. 13 14 Albers stated that after 2021 it appears that there would be a range of between 15 $136,000 to $223,000 in the budget increase. 16 17 Barnhart explained that there is a slow increase to that point and provided additional 18 details. 19 20 Martin thanked staff for the great work and the additional analysis that was done to scale 21 back the increases in staff. 22 23 DesLauriers stated that originally one officer was proposed for 2020 but noted that more 24 officers may be needed. He stated that if officers are working overtime, that does not 25 solve the issue. He noted that it would be nice to have more analysis done to determine 26 the cost benefit. 27 28 Belland stated that his observation looks at that but is based on 12 hours shifts of three 29 to four officers for the three different shifts. He stated that there is an impact for those 30 officers that have rotating shifts. He stated that one additional officer will provide relief 31 for that issue. He stated that the police department has not added a new position since 32 2007 and has done a great job of maintaining its staffing level. He stated that he did not 33 see a need to add two officers in the staffing plan but would continue to review the 34 needs. He stated that the staffing plan originally called for an officer in 2011, but that 35 was pushed off because the department did not need that additional officer. He 36 explained that even with the amount of development that has occurred, the level of crime 37 has not increased to date. 38 39 Moved by DesLauriers, seconded by Albers, to approve the 2019 Staffing and 40 Succession Plan. Motion passed unanimously. 41 42 IX. CITY ADMINISTRATOR REPORT (8:53 p.m.) 43 Johnson stated that the next worksession is scheduled for May 21st and will include a 44 tour of 600 Clydesdale Trail. He stated that most likely the May 8th park tour will be 45 rained out and rescheduled to occur on May 15th. He thanked Scherer and his staff for 46 their great work on Medina Clean-Up Day. He stated that the City received a request for 47 conduit bonding from Presbyterian Homes in Bloomington. 48 49 Barnhart stated that she received a call from Kennedy and Graven with another 50 opportunity to do a conduit bond, this time for a Presbyterian Home project in 51 Medina City Council Meeting Minutes 11 May 7, 2019 Bloomington. She noted that this would be similar to the conduit bond the City did the 1 previous year. She stated that the City does not have any projects to bond for this year, 2 and therefore would have this option available. She stated that this opportunity could 3 provide the City with roughly $65,000. 4 5 Pederson asked when will Hackamore be reconstructed. 6 7 Johnson noted that project is still a few years out. 8 9 Martin confirmed the consensus of the Council to direct staff to continue to move forward 10 with that request. 11 12 X. MAYOR & CITY COUNCIL REPORTS (8:58 p.m.) 13 Pederson provided an update on the Medina Clean-Up Day, which was a lot of fun and 14 had a great turnout. He stated that he also attended the Loretto Fire pancake breakfast, 15 which was heavily attended. He noted that he sat with Senator Osmek at the event, 16 noting that the Senator was not very optimistic that the requested funds would be 17 received for Highway 55. 18 19 Albers stated that he attended the meeting of the Long Lake Waters Association, which 20 discussed the upcoming carp project and other things that could be done to improve the 21 water quality. He stated that those projects are interesting, but you must also think 22 about the long-term effect of the project from a watershed prospective and the financial 23 contribution that would be needed from the cities. 24 25 Martin stated that it was her understanding that the intent of the initial study was to 26 attract grants to complete that work, which it has done. She stated that she attended the 27 Interfaith Outreach 40th anniversary dinner the previous weekend, noting that it was a 28 great event and a nice reminder of how lucky the City is to have that nonprofit 29 organization in the community. She noted that she and DesLauriers have been 30 attending the fire meetings, noting that a summary was provided in the packet from 31 Johnson. 32 33 DesLauriers asked if this would be an opportunity to start at .8 percent for the conduit 34 bonds because it is earlier in the year. He stated that he liked the dedication of funds 35 that was done with the last conduit bond funds to Celebration Day. He noted that 36 perhaps a similar option be identified for these funds that will be generated. He stated 37 that Clean-Up Day was a great event with a great turnout. 38 39 Barnhart stated that in her response to Kennedy and Graven she can ask how 40 negotiable the numbers are for the conduit bond. 41 42 Batty stated that he does not know the market, but he would think the later in the year, 43 the stronger position the City would be in because there would be lesser funds available. 44 He stated that the City obviously wants to get as much as it can in return for providing 45 the financing but also does not want to price itself out of the market. 46 47 XI. APPROVAL TO PAY THE BILLS (9:08 p.m.) 48 Moved by Anderson, seconded by Pederson, to approve the bills, EFT 005048E-49 005079E for $115,415.67 and order check numbers 048700-048760 for $159,809.67 50 and payroll EFT 0509375-0509434 for $104,940.56. Motion passed unanimously. 51 Medina City Council Meeting Minutes 12 May 7, 2019 1 XII. ADJOURN 2 Moved by Pederson, seconded by Albers, to adjourn the meeting at 9:08 p.m. Motion 3 passed unanimously. 4 5 6 7 __________________________________ 8 Kathleen Martin, Mayor 9 Attest: 10 11 ____________________________________ 12 Jodi M. Gallup, City Clerk 13 TO: Jodi Gallup, Assistant City Administrator & the City Council of Medina FROM: Hongmei Wu, Executive Director of MinnSea Academy DATE: May 15, 2019 SUBJECT: Hamel Legion Park Tennis Courts Rental Rate Reduction Request We at the MinnSea Academy are excited that we will be moving our summer camps to the Hamel Community Building this summer. We believe the building’s premium location, spacious rooms, kitchen on site and its gorgeous outdoor playfield and sports facilities will ensure that we will better serve our campers and their families, a great number of them being Medina residents. To enrich our programs, we plan to arrange tennis group lessons for our campers at your tennis courts. We understand the city rate currently sits at 20 dollars per hour per court, but in order to deliver our services at an affordable rate to our camp community, we would like to request that the city council could grant us a special rental rate on the following accounts. 1. MinnSea Academy is a nonprofit organization. We deliberate every spending to ensure that we put our students’ tuitions and our limited resources to best use, and we endeavor to deliver our best services at an affordable rate to our campers. 2. As a top, prestigious Chinese immersion program in the Twin Cities, we have served the West Metro area, mainly Medina and Plymouth, for years by providing innovative, fun Chinese immersion summer camps for children aged 5-12. For the past few years, our camps always filled up before they were even open for public registration due to our limited capacity. Thanks to the rental agreement with the City to use the Hamel Community Building this year, we are able to enroll more students. We are already almost reaching our full capacity at the moment although our camps will not start until Mid July. See our website for more information. https://www.ourmsa.org 3. We increased our budget on classrooms this year and paid $5300 for renting the Community Building. We believe it worthwhile because the location is most ideal for the majority of our camp families, many being Medina residents. A reduced rate on the tennis court rental will help us cover some of the cost spent on classrooms. 4. Our tennis lessons are scheduled from 9:00-11:00 in the morning, deliberately avoiding the popular hours when other families in the community might want to use the courts. Agenda Item # 5A 5. Our summer camps mostly coincide with the time when the current contracted coach Steve at the Park can offer group lessons for us. However, there are a few weeks when he will not able to accommodate our need, so we need to rent the tennis courts on our own. We have found a coach interested in working with us, but we need a lower rental rate to hire a coach. We know some public schools offer rental rate as low as $3.5 per hour per court, but your location is much more attractive to us. 6. As a Chinese Immersion program, we are proud that our camps are highly valued and extremely popular with the Chinese-speaking community. We have also drawn great interest from non-Chinese-Speaking families, and in the future, we intend to further develop our program and open our services to a wider community, including families and children with limited exposure to Chinese but nonetheless interested in learning about its language and culture as an enriching experience. We believe our summer camps will be a great addition to enrich the lives of your residents and an invaluable service to families with young children interested in exploring the world in its rich diversity of languages and cultures. We would really appreciate it if the city council could grant us a special favorable rate for the tennis court rental. With our current budget, we can probably work with a rate of 5-10 dollars per hour per court. We will be very happy to provide any other information if needed. Thank you for your time and service. 1 TENNIS COURT RENTAL AGREEMENT This Agreement is made this 21st day of May, 2019, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”) and West Minneapolis Chinese Parents Association (DBA MinnSea Academy), 13782 Wood Lane, Minnetonka, MN 55305, called the “Licensee”. WHEREAS, the Licensee desires to use the tennis courts for tennis lessons, which are owned by the City and located in the City’s Hamel Legion Park (the “Subject Property”). WHEREAS, the City is willing to allow the Licensee to use the Subject Property, subject to certain terms and conditions; and WHEREAS, the City and the Licensee wish to have a written agreement memorializing the terms and conditions under which the City and the Licensee will accomplish the above. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. The City hereby grants the Licensee permission to use the Subject Property on the dates and times shown in Exhibit A. Any requests for changes to this schedule must be submitted to the Assistant City Administrator in writing at least seven days prior to the requested reservation date. The requested schedule change will be reviewed by City staff and may be approved or denied depending on demand for the tennis courts. 2. The Licensee shall obtain executed Voluntary Waiver of Liability Agreements as identified on Exhibit B from every participant and instructor prior to any use of the Subject Property. 3. The Licensee shall submit a damage and maintenance deposit in the amount of $150.00 to the City prior to July 1, 2019. The City shall return the deposit to the Licensee, minus expenses for any damage or maintenance to the Subject Property following inspection by the City after September 1, 2019. 4. The Licensee shall provide all equipment necessary to conduct tennis lessons. 5. The Licensee shall be responsible for picking up all tennis balls, containers, trash, paper, and debris after use of the Subject Property. 6. Upon termination of this Agreement, the Licensee agrees to remove from the Subject Property all temporary structures, equipment and other items used by the Licensee, leave the Subject Property free from debris and return the Subject Property to its condition prior to its use by the Licensee. 7. The Licensee shall pay the City $6 per hour per court for use of the Subject Property. All payments shall be submitted to the City by July 1, 2019 accompanied by a written log of each day and the times the Subject Property was used. 2 8. The Licensee hereby agrees to defend, indemnify and hold harmless the City, its officers, employees and agents, from any liability, damages, claims, costs, judgments or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from the Licensee’s use of the Subject Property. 9. The City may cancel, terminate, suspend or modify the terms of this Agreement upon default by Licensee or failure of the Licensee to comply with this Agreement. CITY OF MEDINA By ________________________________ Kathleen Martin, Mayor By _________________________________ Scott T. Johnson, City Administrator WEST MINNEAPOLIS CHINESE PARENTS ASSOCIATION (LICENSEE) By____________________________ Jun Zhu 3 Exhibit A 4 Exhibit B CITY OF MEDINA VOLUNTARY WAIVER OF LIABILITY AGREEMENT I know that tennis and the events and activities related to it are inherently dangerous activities in which I choose to participate voluntarily and at my own risk. I understand that such activities can result in personal injury, death and disability or property damage and loss. I also understand that these risks and dangers are increased when other persons are present at the same time and using the same facilities. In consideration of using the athletic facilities of the city of Medina (the “City”) and wishing to participate in the youth tennis activities and knowing there are certain dangers related to this activity, I hereby state and affirm that: 1. My participation is fully voluntary. 2. I acknowledge that the activity is not an essential service provided by the City. 3. I understand and acknowledge that the activities in which I am about to engage as a participant have certain risks. I understand that these risks, known or unknown, anticipated or unanticipated, may result in injury, death, illness, disease or damage to myself or my property, or to other persons and their property. 4. I hereby personally assume all risks in connection with this activity and I waive any right to make claims or bring actions against the City or its officers, employees or agents for any injuries or damages to me or my property related to the alleged negligence of the City. This waiver does not apply to any injuries or damages that are the result of any willful, wanton, or intentional misconduct by the City. 5. I agree to hold harmless and indemnify the City, its officers, employees and agents, from any and all claims or actions for injury or damages to any third party, including other participants or spectators, resulting from my participation in any activity while at or about the City athletic facilities. 6. I understand that entering into and signing this agreement affects my legal rights and results in my giving up or waiving certain legal rights. I accept this and sign this agreement of my own free will. 7. The terms of this agreement shall serve as a release and assumption of risk and shall be binding on behalf of myself, my heirs, executor, administrator and all members of my family. 8. My signature indicates that I have read this entire document, understand it completely, acknowledge that it cannot be modified or changed in any way by oral representations, and agree to be bound by its terms. _____________________________________ ________________________________________ Name (Print) Signature _____________________________________ ________________________________________ Parent Signature (if under 18 years old) Date 1 GARDEN MAINTENANCE SERVICES AGREEMENT This Agreement is made this 21st day of May 2019, by and between Designing Nature, Inc., 3312 Red Fox Drive, Medina, MN 55340, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for garden maintenance services; and 2. The City has approved the contract for garden maintenance 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 garden maintenance services for the City. “Garden Maintenance Services” will consist of initial clean-up of all garden beds, weeding, deadheading and trimming of shrubs, as specified by the Public Works Director, at City facilities and other specified areas. As part of this contract, the Public Works Director may also ask the contractor for recommendations on purchase of additional plantings as needed, as well as dividing plants in the fall to use in the various garden areas. If there is cause for the Contractor to need larger equipment not normally used in basic gardening, the Public Works Director will work out additional compensation. 2.0 TERM. The term and prices of this contract shall remain in effect from May 2019 – November 2020, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor at a rate of $30.16/hour per person, plus materials, for garden maintenance services described on Exhibit A and above in Scope of Service. The City is exempt from sales tax. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. Agenda Item # 5B 2 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. If it is determined by the Public Works Director that additional traffic control is needed, it will be provided by the City. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 11.0 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. 12.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this 3 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. 13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 14.0 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 ______________________________ Scott T. Johnson, City Administrator DESIGNING NATURE, INC. By ______________________________ 4 Exhibit A City of Medina – List of City facilities and other areas* *Those to be included for each year will be given by Public Works Director RAIN GARDENS: • 2-rain gardens - Water Treatment Plant (780 Tower Drive) • 1-rain garden - Holy Name Park (400 County Road 24) PLANTINGS UNDER SIGNS AT CITY PARKS: • 2-signs - Hamel Legion Park (3200 Mill Drive) • 1-sign - Walnut Park (4653 Walnut Drive) • 1-sign - Hunter Lions Park (3195 Hunter Drive) • 1-sign - Lakeshore Park (2975 Lakeshore Avenue) • 1-sign - Maple Park (4400 Maple Park) • 1-sign - Holy Name Park (400 County Road 24) • 1 sign - Rainwater Nature Area (400 Hamel Road) SHRUBS AND PLANTINGS AROUND BUILDINGS: • Hamel Legion Park (3200 Mill Drive) o Community Building o Field House • Water Treatment Plant (780 Tower Drive) • City Hall (2052 County Road 24) • Public Works/Police building (600 Clydesdale Trail) • Downtown Hamel Plantings (PW Director will call to explain) MEMORANDUM TO: Medina City Council FROM: Jodi Gallup through Scott Johnson, City Administrator DATE OF REPORT: May 13, 2019 DATE OF MEETING: May 21, 2019 SUBJECT: Public Works Maintenance Technician Appointment General Background At the March 19, 2019 regular meeting, the City Council accepted the resignation/retirement notice of Public Works Foreman Ivan Dingmann. Staff conducted an internal posting for his replacement, interviewed two qualified internal candidates and recommended appointing Derek Reinking as the new Public Works Foreman when Ivan retires on July 8, 2019. Derek’s promotion leaves his full-time Public Works Maintenance Technician position empty, which City Council authorized staff to begin the recruitment process on March 19th. City staff received 11 applications seeking the full-time public works position. The top 5 candidates were invited in for interviews with Public Works Director Steve Scherer, soon-to-be Public Works Foreman Derek Reinking, and Assistant City Administrator Jodi Gallup. We completed these interviews on May 7, 2019 and selected our top candidate. Staff conducted reference checks, employment verifications, and a background check on our candidate, and we feel that we have selected the best overall person for this position. Appointee Background Austin Roerick’s most recent Public Works position is with Carver County, where he assists in maintenance operations including snow plowing, sanding of roads, patching, and tree trimming. Austin has also held seasonal public works positions with the City of Burnsville and the City of Chanhassen. Austin has his Class A Driver’s License and is proficient in operating heavy equipment, has basic mechanical skills, extensive public works experience, and a desire to take on additional responsibilities within Medina’s Public Works Department. It is our belief that Austin will be a great addition to the City of Medina. Recommendation We recommend City Council approve the hiring of Austin Roerick to the position of Public Works Maintenance Technician, effective June 10, 2019, with a beginning hourly wage (non-exempt) of $25.00/hr. and other benefits to be at the same rate as other non- union employees, in accordance with the City Personnel Policies. A probationary period is recommended for the position of 6-months, starting from the date of hire. Additional wage increase may be considered upon a satisfactory six-month performance review. Agenda Item # 5C Resolution No. 2019-## May 21, 2019 Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE RASKOBS ELM CREEK ADDITION PLAT WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the Patricia R. Raskob Trust (the “Owner”) owns property located at 500 Hamel Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owner has requested preliminary plat approval for a subdivision to be platted as Raskobs Elm Creek Addition; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 9, 2019, reviewed the information provided by the Owner and City staff, heard testimony from interested parties, and recommended approval of the preliminary plat; and WHEREAS, the City Council reviewed the proposed preliminary plat and the Planning Commission recommendation and heard additional testimony on May 7, 2019; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact in regard to the preliminary plat based on the requirements of the Subdivision Ordinance: a. The proposed preliminary plat is not in conflict with the Comprehensive Plan and is not premature for consideration. b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. c. The proposed subdivision will not cause substantial environmental damage. d. The proposed subdivision is not likely to be injurious to public health. e. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary plat approval for Raskobs Elm Creek Addition, subject to the following terms and conditions: 1. The Owner shall enter into an agreement with the City to ensure future completion of floodplain mitigation, construction of utility improvements, upland buffer completion, financial guarantees, and other relevant conditions of approval and City requirements. Agenda Item # 5D Resolution No. 2019-## 2 May 21, 2019 2. The Owner shall provide documentation to verify that the minimum average upland buffer has been provided. 3. The Owner or their successor shall be responsible to implement the floodplain mitigation plan as approved by the City Engineer and Elm Creek Watershed to provide access for development of Lot 2. 4. The Owner acknowledges that a letter of map amendment will be required to avoid flood insurance requirements for any construction on Lot 2. 5. The Owner acknowledges that Lot 2 is subject to the requirements of the shoreland overlay district, including the limitation of impervious surfaces to 25% of the lot area above the floodplain elevation. The lot area of Lot 2 above the flood elevation is 26,421 square feet, allowing no more than 6,605 square feet of impervious surfaces. Any difficulty in use or development of the Property which results from the subdivision of land as proposed or the lot area of Lot 2 has been created by the Owner. 6. The Owner shall pay cash-in-lieu of dedication of park land in an amount of $56,000 or $3,500 per residential unit, whichever is greater. Park fees may be delayed until issuance of building permits upon the property if the owner executes an agreement in a form and of substance acceptable to the City Attorney. 7. The final plat applicant shall be filed within 180 days of the date of the City Council resolution granting preliminary approval or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. Dated: May 21, 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 ______________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019-## 3 May 21, 2019 Exhibit A Legal Description of the Property Lot 5 of Auditor's Subdivision No. 241, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Titles in and for said County, except as follows: (1) The South 209.00 feet of the West 209.00 feet of that part of Lot 5 lying Easterly of a line drawn at a right angle to the South line of said Lot 5 from a point thereon distant 409.00 feet Westerly of the Southeast corner of said Lot 5 as measured along said South line. (2) Beginning at the Northeast corner of said Lot 5; thence South along the East line of said Lot 5 to a point of intersection with a line which is parallel with and 30.00 feet distant Southerly (measured at right angles) from the North line of said Lot 5; thence Westerly along said last mentioned parallel line a distance of 588.00 feet; thence Northerly at right angles a distance of 30.00 feet to the North line of said Lot 5; thence Easterly along the North line of said Lot 5 to the place of beginning. TO: Medina City Council FROM: Director of Public Safety Ed Belland DATE: May 15, 2019 RE: Amending Medina Nuisance Ordinance 360 and Adding a New Section 365 Disorderly Houses Over the years in Medina, we have had properties where we have continuous nuisance complaints on a regular basis. Last summer, we had a property that we had responded to over 10 times about noise complaints, drugs and other illegal activity. We worked with the property owner and we did gain compliance, which took over six months from the time the nuisance complaints started. I am proposing amendments to our current nuisance ordinance and adding section 365 “Disorderly House” which will give my officers one more tool to use in dealing with repeat offenders of our nuisance ordinance. The first is a repeat nuisance call section that would allow the City to charge a fee for repeat nuisance calls to the same property. The second section is a disorderly house section that holds a property owner criminally responsible for maintaining a property that is allowing illegal activity to take place. Such as gambling, prostitution, drugs and illegal weapons. Attached are the draft proposed changes to section 360 and the new draft section 365 Disorderly House. I would ask for the City Council’s feedback on the proposed changes. I would take any suggestions and incorporate them into the sections. I will bring back a final draft for approval at a later date. MEMORANDUM Agenda Item # 8A 1 CITY OF MEDINA ORDINANCE NO. ____ AN ORDINANCE ADDING A NEW SECTION 360 AND A NEW SECTION 365 TO THE MEDINA CITY CODE REGARDING REPEAT NUISANCE CALLS AND DISORDERLY HOUSES The city council of the city of Medina ordains as follows: Section I. The Medina city code is amended by adding a new section 360 as follows: 360. REPEAT NUISANCE CALLS. Section 360.01. Purpose. The purpose of this section is to protect the public health, safety, and welfare and to discourage repeat nuisance service calls by the city to the same property or location which interfere with providing police and public safety services to other residents of the city. It is the intent of the city to impose and collect service call fees from the owner of any property to which city officials must repeatedly respond to nuisance public safety service calls because such calls involve extraordinary costs to the city. The repeat nuisance service call fee is intended to reimburse the city of the cost of such calls which is over and above the cost of providing normal law enforcement services and police protection city-wide. Section 360.03. Scope and Application. This section applies to the owner of any private property which is the subject or location of repeat nuisance service calls by city officials. This section applies to any repeat nuisance service calls made by a city peace officer, part-time peace officer, community service officer, animal control, or other designated city official. Section 360.05. Definition. For purposes of this section, the term “nuisance” shall mean any activity, conduct, or condition occurring upon private property within the city that unreasonably annoys, injures, or endangers the health, safety, morals, comfort, or repose of any member of the public or will, or tend to, alarm, anger, or disturb others or provoke breach of the peace, to which the city is required to respond, including, but not limited to the following: (a) Any activity, conduct, or condition deemed as a public nuisance under any provision of the Medina City Code; or (b) Any conduct, activity, or condition constituting a violation of Minnesota Statutes, Chapter 609, as it may be amended from time to time. Section 360.07. Repeat Nuisance Service Call Fee. (a) The city hereby imposes a repeat nuisance service call fee upon the owner of any private property where the city has rendered services or responded to such property on three or more occasions within a period of 365 days in response to or for the abatement of a nuisance condition. 2 (b) The repeat nuisance service call fee for the third and each subsequent service call within a period of 365 days shall be in such amount as provided for in the city’s fee schedule, as it may be amended from time to time. The fee is intended to reimburse the city for, among other things, the salaries of city employees and officials who respond to or remain at the nuisance event, the pro rata cost of the equipment necessary to respond to such event, the cost of any repairs needed to such equipment based on the response, and the cost of any medical treatment which may be required to be provided to responding officers. (c) A repeat nuisance service call fee imposed under this section will be deemed delinquent if it is not paid within 30 days after the city mails the billing statement for the fee. The city will add a 10% late penalty to a delinquent payment. Section 360.09. Notice. The city shall send written notice to the record owner of any property which has had two repeat nuisance service calls within the preceding 365 day period. No repeat nuisance service call fee shall be imposed without first providing the owner with said written notice, which shall: (a) Identify the nuisance conduct that previously occurred on the property and the dates of the previous nuisance conduct; (b) State that the owner may be subject to a nuisance call service fee if a third nuisance service call is rendered to the property within the specified time period for any further nuisance-related conduct; (c) State that the city has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and (d) Be served by U.S. mail upon the owner at their last known address, or by posting such notice upon the property. If notice is posted, it shall be posted for at least 10 days before a repeat nuisance service call fee is imposed. Section 360.11. Right to Appeal. (a) When the city mails the billing statement for the repeat nuisance service call fee, the city will also inform the owner of their right to request a hearing before the city council to appeal the imposition of such fee. (b) The owner of any property upon which the fee is imposed may request a hearing within 10 days of the date that notice was mailed or posted. In calculating 10 days, the date that the notice was mailed or posted shall not be counted. Any request for a hearing must be in writing and delivered to the city clerk. The hearing shall occur within 30 days of the date of receipt of the request by the city. If the owner fails to request a hearing within the time and in the manner required under this section, the right to appeal hereunder is waived. 3 (c) The hearing will be conducted by the city council. The hearing shall be informal and neither the Minnesota Rules of Civil Procedure nor the Rules of Evidence shall strictly apply. The owner shall be given an opportunity to speak at the hearing. Following the submission and consideration of all evidence presented, the city council shall make written findings of fact and conclusions regarding the nuisance conduct and the imposition of the repeat nuisance call service fee. The city council shall serve the findings of fact and conclusions upon the owner by U.S. mail within 10 days following the next regularly-scheduled meeting of the city council. (d) If the owner, or their representative, fails to appear at the scheduled hearing date, the right to a hearing is waived. (e) Upon waiver of the right to a hearing, or upon service of the city council’s findings of fact and conclusions that the repeat nuisance call service fee is warranted, the owner shall pay the fee imposed within 30 days. Section 360.13. Legal Remedies Nonexclusive. Nothing in this section shall be construed to limit the city’s available legal remedies, including criminal and civil action, or other available relief. Section 360.15. Applicability of Repeat Nuisance Service Call Fee. The city shall not impose a repeat nuisance service call fee for a police response relating to emergency assistance, including, but not limited to, domestic violence or child abuse, or for any other matter, in the city’s reasonable discretion, for which it would not be in the public interest to charge such a fee. Section 360.17. Assessment. On or before October 15 of each year, the city clerk shall calculate the total of unpaid nuisance service call fees attributable to each lot or property. After notice and hearing, the city council may levy the unpaid fees against the properties as special assessments and the city clerk shall certify the same to the county auditor for collection along with taxes payable the following year. Section 360.19. Severability. Every provision of this section is declared separate from every other provision. If any provision is held to be invalid by a court of competent jurisdiction, no other provision shall be invalid by such action or decision. Section II. The Medina city code is amended by adding a new section 365 as follows: 365. DISORDERLY HOUSES. Section 365.01. Definitions. For purposes of this section, the following terms have the meanings given: Subd. 1. “Disorderly house” means any residential property which due to the following nuisance conduct, events, characteristics or conditions is likely to disturb, injure or endanger the peace, comforts, health, welfare, safety or character of the neighborhood or community: 4 (a) Gambling or gambling-related activity committed on the property; (b) Prostitution or prostitution-related activity committed on the property; (c) The unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances on the property; (d) The unlawful use or possession of a dangerous weapon on the property; (e) The unlawful sale or consumption of alcoholic beverages on the property; or (f) Two or more documented instances of a public nuisance on the property, as prohibited in either state law or the Medina City Code, within a 365-day period; and Subd. 2. “Interested party” means any owner of the residential property; any known lessee or tenant of the residential property or the affected portion thereof; any known agent of an owner, lessee or tenant of the residential property; or, any other person in control of the residential property. Subd. 3. “Residential property” means any property that contains, in part, one or more dwelling units, as defined in Medina City Code, section 825.07, subd. 25. Section 365.03. General Prohibition. No person may own, lease, operate, manage, maintain, or conduct a disorderly house, or invite or attempt to invite others to visit or remain in a disorderly house. Section 365.05. Abatement Requirement. Any interested party who knows, or should know under the circumstances, that a residential property is being used as a disorderly house shall immediately take action to abate the underlying illegal activity of the disorderly house. Section 365.07. Duty to Disperse. A peace officer may order all persons present at a disorderly house to immediately disperse. Any person, other than an interested party, must leave a disorderly house after being ordered to do so by a peace officer or any interested party. Section 365.09. Penalty. A person who violates this section shall be guilty of a misdemeanor which shall be punishable in accordance with state law. Section III. The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this _____ day of ________, 2019. ____________________________ Kathleen M. Martin, Mayor 5 ATTEST: ____________________________ Jodi M. Gallup City Clerk Published in the Crow River News the ___ day of _________, 2019. Resolution No. 2019-## May 21, 2019 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-## RESOLUTION GRANTING SITE PLAN REVIEW APPROVAL TO HIGHWAY 55 RENTAL PORTABLE STORAGE TO CONSTRUCT ONE MINI-STORAGE BUILDING AT 4790 ROLLING HILLS ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Highway 55 Rental Portable Storage, LLC (the “Owner”) owns approximately 18 acres of property within the City located at 4790 Rolling Hills Road (the “Property”), and WHEREAS, the property is legally described as: That part of Government Lot 1, Section 4, Township 118, Range 23, lying north of State Highway No. 55, except that part of the east 380 feet of the west 778 feet as measured at right angles of said Government Lot 1 lying south of the north 300 feet thereof, as measured at right angles. WHEREAS, the Property is currently occupied with four mini-storage buildings; and WHEREAS, in 1995 the City granted a conditional use permit for the use and construction of one mini-storage building which was subsequently amended in 1996; and WHEREAS, in 2015 the City granted a site plan review for the construction of three additional mini-storage buildings; and WHEREAS, the Owner has made an application for a site plan review for the construction of one additional building on the Property; and WHEREAS, the Planning Commission reviewed a site plan at the April 9, 2019 meeting and forwarded a recommendation of approval to the City Council; and WHEREAS, the City Council reviewed the requested site plan at the May 7, 2019 meeting and reviewed the Planning Commission recommendation; and WHEREAS, the City Council finds that the proposed site and building plans are generally consistent with the requirements and intent of the Rural Business Holding District, subject to certain terms and conditions which are noted herein. Agenda Item # 9A Resolution No. 2019-## 2 May 21, 2019 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants site plan review approval to the Owner, subject to the following terms and conditions: 1) The Owner shall construct improvements consistent with the civil plans received by the City on April 30, 2019, and Exterior Elevation plans dated April 10, 2019, except as modified by the conditions herein or as directed by City staff during the permit review process to achieve code compliance. 2) The Owner shall satisfy all outstanding items as noted in WSB memo dated 3/29/19. 3) The Owner shall extend storm sewer and grade the site to ensure that stormwater from the structure is conveyed to the existing pond. 4) The Owner shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the Site Plan Review application. Dated: May 21, 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. Planning Department Update Page 1 of 2 May 21, 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: May 16, 2019 SUBJ: Planning Department Updates – May 21, 2019 City Council Meeting Land Use Application Review A) 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. The Planning Commission held a public hearing at the April 9 meeting and recommended approval. The City Council reviewed on May 7 and directed staff to prepare a resolution of approval, which will be presented at the May 21 meeting. B) 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 held a public hearing at the April 9 meeting and recommended approval. The City Council reviewed on May 7 and directed staff to prepare a resolution of approval, which will be presented at the May 21 meeting. C) Marshall-Schleeter Lot Line Rearrangement and Easement Vacation – 1495/1585 Medina Road – Adam and Susan Marshall have requested a lot line rearrangement between their property at 1495 Medina Road and the parcel to the west at 1585 Medina Road. The Marshalls want to convey approximately 4.2 acres to the Schleeters. The applicant has also requested the vacation of the easements along the rearranged lot line, which will be replaced along the new line. Staff is conducting a preliminary review and will present to Council when complete, potentially at the June 4 meeting. D) Maiser Septic Variance – south of Medina Road, west of Hunter Drive – Norton Homes, on behalf of Pete Maiser, has requested a variance from the minimum 75’ setback for a septic system from a wetland. The septic designer stated that the only location for a septic is located approximately 55 feet from a small wetland on the lot. Staff is reviewing and will present to Council when complete, potentially at the June 4 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 applicant has updated the concept following comments from the Planning Commission and City Council. Staff has tentatively scheduled a hearing on the updated concept plan at the June 11 Planning Commission meeting. F) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park – Staff is conducting a preliminary review and will schedule when complete for review, potentially at the June 11 or July 9 meeting. G) 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 Planning Department Update Page 2 of 2 May 21, 2019 City Council Meeting acres into five lots. The Planning Commission and Council has previously provided comments on a six-lot concept. Staff has tentatively scheduled a hearing on the updated concept plan at the June 11 Planning Commission meeting H) 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 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. I) 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. J) School Lake Nature Preserve 2nd Addn Final Plat and 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. The Council reviewed and adopted a resolution of approval at the April 16 meeting. Staff will work with the applicant on conditions prior to recording the plat. K) School Lake Nature Preserve Easement Vacation – Wally and Bridget Marx have requested that the City vacate the drainage and utility easements within the lot being re-platted in the 2nd Addition plat. New easements will be granted on the new plat. The City Council held a public hearing at the April 16 City Council meeting and adopted a resolution approving the vacation. The vacation will be finalized with the recording of the 2nd addition plat. L) Maxxon Variance/Site Plan Review – 920 Hamel Road – The City Council approved a site plan review for an addition at Maxxon back in 2018. 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 City Council granted approval on May 7. Staff will work with the applicant to finalize conditions of approval prior to construction M) 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. N) 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) Uptown Hamel – the group of students from the Humphrey School of Public Affairs have provided their final report, which can be viewed at: https://medinamn.us/citygov/departments/planning- zoning/uptown-hamel-project/ Staff discussed the report with the Planning Commission and is preparing amendments to the Uptown Hamel regulations related to density to make the requirements consistent with the updated Comp Plan. Staff intends to continue public engagement and work on design guidelines and other matters for future amendments. B) County Road 19 sewer – staff prepared a draft of the “Quad-City Agreement” between Medina, Independence, Greenfield, and Loretto related to Loretto’s connection to the Tri-City sewer system. The agreement is being reviewed by staff, including the City Attorney before distribution. C) Zoning Enforcement – staff is undertaking two zoning enforcement investigations. D) Long Lake Subwatershed Partnership – staff met with the other partners and received an update on the Subwatershed Assessment and also discussed communication strategies. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: May 17, 2019 RE: Police Department Updates Interview Panel On April 30th I sat on the interview panel for the City of Rogers to assist in the selection of their next Police Chief. Through their interview process, we moved on the top three candidates to the next round of interviews with their City Council. 2019 Medina Bike Rodeo On Saturday May 18th at 11:00 a.m. we will be holding our Medina Bike Rodeo at 600 Clydesdale Trail. We have expanded the event to tours of the Police Department and fun activities for the kids with jump houses, hotdogs and ice cream. If you are around, please stop in to the event. We are hoping for the rain to hold off. Body Camera Consortium On May 3rd we held our second meeting with the body camera consortium with the Hennepin County Justice Information Project, (HJIP ) and the western Hennepin County Police Departments. There was good discussion and we came to a consensus to move forward with the project. We decided on a system that would work for body cameras and squad cameras. A HJIP representative checked in to the possibility of a DOJ grant and the combination of squad and body cams do not qualify for the grant. We will keep working with the group on this project. Emergency Management Exercise / Real Bomb Threat On May 7th Sgt. Nelson and I attended an emergency management training at the Hennepin County Public Works facility in our city. Half way through the training we were notified that a bomb threat was called into the facility, not related to the training. Working with Hennepin County Sheriff’s Command Staff we assessed the threat and identified the suspect. It was determined that the threat was not credible. The suspect was located later that night and arrested and is facing terroristic threats charges. Officer Scharf Nominated for Outstanding Rookie of the Year On May 14th Sgt. Nelson and I attended the MADD Statewide Recognition awards program at the Earle Brown Center. Officer Andrew Scharf was nominated for rookie of the year for 2018. He was not selected for the award, but he does deserve the recognition for his outstanding performance in his first year as a Medina Officer. MEMORANDUM Patrol Update For the dates of May 2 to May 15, 2019, our officers issued 52 citations and 157 warnings for various traffic infractions. There was a total of 2 traffic accidents, 7 medicals, 10 alarms and 3 DWI’s. Training From May 7 to 10, Officer Boecker attended leadership training at Camp Ripley. Road restrictions have been lifted and the officers did a fantastic job with overweight enforcement protecting the cities roads. Overall 44 trucks were stopped, and 17 criminal citations were issued and 23 administration citations resulting in over $20,600 in fines. There are still two outstanding unpaid civil fines to date. On 5-4, Officer Scharf stopped a vehicle for a stop sign violation. The driver was found to be intoxicated and was subsequently arrested. The driver test was a .12. The case has been forwarded to the city attorney for prosecution. On 05-05, Officer Scharf stopped a vehicle for running a red light. Officer Scharf noticed that the driver appeared to be under the influence and with his new training as Drug Recognition Expert (DRE) he conducted an evaluation on the driver and subsequently arrested him for driving while impaired. An area K-9 came to search the vehicle for contraband and did indicate that there were narcotics inside the vehicle. Numerous hypodermic needles were located inside. A search warrant was drafted for the driver’s blood and after receiving the blood sample the driver was released pending the blood results. On 05-10, Officer Scharf stopped a vehicle for a stop sign violation. The driver was found to have been drinking and after running the driver through field sobriety tests he was arrested. The driver was processed at the police department and released to a sober party. The case was forwarded to the city attorney for prosecution. Investigation Update Received information from St. Louis Park PD that a trailer stolen from our city was located at an apartment building complex in their city. The suspect who stole the trailer sold it on the website “Offer up.com”. The person who bought the trailer, took a picture of the suspects driver’s license and truck. It was later learned that the suspect was involved with numerous thefts in the metro area. The suspect will be charged with possession of stolen property. Received information that a stolen trailer and snowmobiles were in a storage unit in the city of Annandale. The trailer and snowmobiles were stolen from a business in Medina a few weeks prior. I then drafted a search warrant and executed that warrant at the storage unit. The stolen trailer and snowmobiles were located inside. The suspect will be charged with theft and possession of stolen property. Attended Reserve Officers training on 05/15. Assisted with planning scenarios for the training. Attended Coffee with A Cop on Thursday May 16th at the Medina Ridge Condos. Helped with the Bike Safety Rodeo / Open House at the Police Department on 05/18. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: May 15, 2019 MEETING: May 21, 2019 SUBJECT: Public Works Update STREETS • Spring weight restrictions have been lifted within Medina. Non-truck route signs will remain posted throughout the rest of the year. • We have been coordinating the railroad crossing rehab project at Sioux Dr. The milling has been completed and the track replacement begins on May 16th, which will require the road be closed to through traffic. Sioux Dr will remain open from Highway 55 to Westfalen Trail during the construction. Advance notice signs have been in place and staff posted this information on our web site and Facebook. Emergency services were notified. • Public Works has been patching pot holes throughout the city. WATER/SEWER/STORMWATER • Public Works is working closely with Toll Bros to get the inflow and infiltration (I/I) under control in the sanitary manholes throughout the development. We are negotiating with Toll to complete their portion of the project with a warranty guarantee as Pulte takes over. • The Brockton Lane project began on May 13th. Milling has been completed and the contractor is working on storm sewer. • The transfer switch at the treatment plant had some kind of power surge and caused major damage. The problem has been repaired. I will be looking to our insurance or Xcel Energy to cover the costs. • Public Works has one water service and one sewer service to dig and repair. The water leak is in the Elm creek development and the sewer issue is in Cherry Hill. • We have had many drainage complaints in the past few weeks. We have had to make some repairs and will continue to investigate those that are infrastructure related, but many will resolve themselves with time as things dry out. PARKS/TRAILS • The Eagle Scout completed the installation of the dug outs at Hamel Legion Park the weekend of April 27th. He came in last week for final sign off on the project. MISCELLANEOUS • We hired a seasonal Maintenance Technician that will focus on the parks. Tyler started on May 13th and will be with us until he returns to school in the fall. Page 2 of 2 • We are recommending approval of the appointment of Austin Roerick for the full time Public Works Maintenance Technician position in this packet. We believe that Austin has the skills and experience to be able to succeed in this position and grow within the City. We are looking forward to having him onboard. ORDER CHECKS MAY 8, 2019 – MAY 21, 2019 048761 EGAN, EDWARD/ANTOINETTE ................................................ $810.00 048762 KHAMAR, RAVIKUMAR ............................................................ $250.00 048763 RODBERG, JILL ........................................................................ $500.00 048764 BURNET TITLE ........................................................................... $29.55 048765 CENTERPOINT ENERGY ...................................................... $1,233.19 048766 COMMERCIAL ASPHALT CO. .................................................. $558.40 048767 HAMEL VOLUNTEER FIRE DEPT ....................................... $82,625.00 REPL-LOST IN MAIL CK #48671 048768 HUSAIN, SABAH ....................................................................... $250.00 048769 KUPPILI, VIJAYSRIDH .............................................................. $250.00 048770 VADAPALLI, VENKATA ............................................................. $250.00 048771 VIBHAKAR, GIRA ...................................................................... $250.00 048772 WATERMARK TITLE AGENCY ................................................... $50.00 048773 ADAM'S PEST CONTROL INC .................................................... $79.50 048774 ASPEN MILLS INC ................................................................. $1,048.00 048775 BAILEY NURSERIES, INC. ..................................................... $6,498.00 048776 BATTERIES + BULBS ................................................................. $82.96 048777 BEAUDRY OIL & PROPANE .................................................. $1,524.60 048778 BLUE CROSS BLUE SHIELD OF MN ................................... $33,431.30 048779 CANVAS SOLUTIONS, INC ....................................................... $530.00 048780 CONTEMPORARY IMAGES ...................................................... $291.58 048781 CORE & MAIN LP ...................................................................... $241.76 048782 DINIUS FENCE LLC ............................................................... $2,770.00 048783 DITTER INC ............................................................................ $2,379.00 048784 DODGE OF BURNSVILLE .................................................... $24,074.00 048785 ECM PUBLISHERS INC .............................................................. $39.58 048786 ELECTRONIC & APPLIANCE ................................................. $2,099.75 048787 GALLAGHER BENEFIT SERVICES INC ................................ $2,000.00 048788 GOPHER STATE ONE CALL .................................................... $321.30 048789 GRAINGER................................................................................ $250.42 048790 HAKANSON ANDERSON ASSOCIATES I ............................. $1,571.25 048791 HAMEL LIONS CLUB ................................................................ $565.00 048792 HENN COUNTY INFO TECH .................................................. $2,164.58 048793 HENN COUNTY SHERIFF........................................................... $75.00 048794 HENN CTY RECORDER/REGISTRAR ........................................ $70.50 048795 MATTHEW E HUNZ .................................................................... $95.20 048796 JIMMY'S JOHNNYS INC ............................................................ $810.69 048797 KD & COMPANY RECYCLING INC ........................................ $2,084.49 048798 JOSEPH M KITTOK ................................................................ $1,235.00 048799 LEXISNEXIS RISK DATA MGMT INC .......................................... $44.00 048800 LUNSKI, INC ....................................................................... $296,752.50 048801 CITY OF MAPLE PLAIN ....................................................... $13,278.00 048802 CITY OF MAPLE PLAIN ............................................................ $642.13 048803 MARCO (LEASE) ....................................................................... $699.46 048804 METROPOLITAN COUNCIL ................................................... $2,460.15 048805 METROPOLITAN COUNCIL ................................................. $32,076.54 048806 METRO WEST INSPECTION ............................................... $10,339.77 048807 MN DEPT OF LABOR/INDUSTRY ............................................. $100.00 048808 MUNICIPAL CLERKS & FINANCE OFF ...................................... $45.00 048809 NAPA OF CORCORAN INC ...................................................... $185.49 048810 NORTH MEMORIAL .................................................................... $70.00 048811 OFFICE DEPOT ........................................................................ $517.22 048812 CITY OF ORONO ...................................................................... $874.14 048813 PERRY'S TRUCK REPAIR ........................................................ $465.00 048814 POSITIVE PROMOTIONS INC .................................................. $564.26 048815 SENSUS USA INC .................................................................. $1,949.94 048816 JAMIE R WIOME .................................................................... $6,804.00 048817 STREICHER'S ........................................................................... $300.94 048818 TALLEN & BAERTSCHI .......................................................... $4,672.00 048819 TIMESAVER OFFSITE .............................................................. $325.00 048820 TWIN CITY STRIPING ............................................................ $1,204.67 048821 VIRIDIAN WEAPON TECHNOLOGIES ................................... $6,755.00 048822 WESTSIDE WHOLESALE TIRE ................................................ $226.00 Total Checks $554,740.81 ELECTRONIC PAYMENTS MAY 8, 2019 – MAY 21, 2019 005080E FURTHER ................................................................................. $218.00 005081E PR PERA .............................................................................. $15,839.91 005082E PR FED/FICA ....................................................................... $16,405.46 005083E PR MN Deferred Comp ........................................................... $2,330.00 005084E PR STATE OF MINNESOTA .................................................. $3,805.34 005085E CITY OF MEDINA ........................................................................ $20.00 005086E FURTHER .............................................................................. $1,402.52 005087E VERIZON WIRELESS ............................................................. $1,170.32 005088E FRONTIER .................................................................................. $56.75 005089E CULLIGAN-METRO ..................................................................... $33.70 005090E XCEL ENERGY .................................................................... $10,799.07 005091E CENTURYLINK.......................................................................... $233.26 005092E CIPHER LABORATORIES INC. .............................................. $5,914.12 005093E FURTHER ................................................................................. $377.91 005094E MEDIACOM OF MN LLC ........................................................... $445.89 005095E PAYMENT SERVICE NETWORK INC ....................................... $878.10 005096E PITNEY BOWES POSTAGE BY PHONE ............................... $1,000.00 Total Electronic Checks $60,930.35 PAYROLL DIRECT DEPOSIT MAY 15, 2019 0509435 JOHNSON, PATRICK M. ........................................................... $563.57 0509436 ALTENDORF, JENNIFER L. ................................................... $1,430.55 0509437 BARNHART, ERIN A. ............................................................. $2,385.48 0509438 BELLAND, EDGAR J. ............................................................. $2,820.58 0509439 BOECKER, KEVIN D. ............................................................. $2,289.92 0509440 CONVERSE, KEITH A. ........................................................... $2,200.01 0509441 DINGMANN, IVAN W. ............................................................. $1,801.06 0509442 ENDE, JOSEPH...................................................................... $1,893.68 0509443 FINKE, DUSTIN D. ................................................................. $2,402.99 0509444 GALLUP, JODI M. ................................................................... $1,799.74 0509445 GLEASON, JOHN M. .............................................................. $1,870.77 0509446 GREGORY, THOMAS ............................................................ $1,944.73 0509447 HALL, DAVID M. ..................................................................... $2,016.29 0509448 JACOBSON, NICOLE ................................................................ $852.79 0509449 JESSEN, JEREMIAH S. .......................................................... $2,440.71 0509450 JOHNSON, SCOTT T. ............................................................ $2,206.31 0509451 JONES, KATRINA M............................................................... $1,403.86 0509452 KLAERS, ANNE M. ................................................................. $1,370.93 0509453 LEUER, GREGORY J. ............................................................ $2,241.20 0509454 MCGILL, CHRISTOPHER R. .................................................. $1,524.52 0509455 MCKINLEY, JOSHUA D .......................................................... $1,973.74 0509456 NELSON, JASON ................................................................... $2,323.69 0509457 PETERSON, DEBRA A. .......................................................... $2,020.16 0509458 REINKING, DEREK M ............................................................ $1,859.28 0509459 ROBBINS, MELISSA ................................................................. $691.61 0509460 SCHARF, ANDREW ............................................................... $2,309.80 0509461 SCHERER, STEVEN T. .......................................................... $2,327.00 Total Payroll Direct Deposit $50,964.97