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Home My Public Portal About06.18.19 Complete Regular Meeting Packet Posted 6/13/2019 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 18, 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 June 4, 2019 Regular Council Meeting V. CONSENT AGENDA A. Approve Court Resurfacing Agreement with Finley Bros. Inc. B. Resolution Approving Off-Site Gambling Permit for the Wayzata Youth Hockey District # 284 to Conduct Lawful Charitable Gambling at 3200 Mill Drive C. Resolution Granting Lot Line Rearrangement Approval between 1495 Medina Road and 1585 Medina Road D. Resolution Vacating Drainage and Utility Easements within 1495 Medina Road E. Resolution Granting Wetland Setback Variance to Peter and Laurie Maiser for an Individual Sewage Treatment System at 485 Medina Road VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Charlie’s – 172 Hamel Road – Concept Plan Review B. Ditter Properties – 2032 to 2052 Holy Name Drive – Concept Plan Review C. City of Independence Comprehensive Plan Update Review D. City of Maple Plain Comprehensive Plan Update Review VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. CLOSED SESSION: Attorney-Client Privileged Discussion on Litigation Matter Specifically WW Farm and George Wessin v. City of Medina, Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b) XII. 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: June 13, 2019 DATE OF MEETING: June 18, 2019 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Court Resurfacing Agreement with Finley Bros. Inc. – Staff received two quotes to resurface the tennis court and basketball court at Hunter Lions Park. Staff recommends approval of the agreement with the low quote, Finely Bros. Inc. See attached memo and agreement. B. Resolution Approving Off-Site Gambling Permit for the Wayzata Youth Hockey District # 284 to Conduct Lawful Charitable Gambling at 3200 Mill Drive – The Hamel Lions have historically conducted the bingo at Medina Celebration Day, but have asked the city to utilize another charitable gambling organization for this event, as they are committed to many other community events throughout the year. The Wayzata Youth Hockey District #284 recently took over charitable gambling at Inn Kahoots and is happy to conduct bingo at Medina Celebration Day. Staff recommends approval of the off-site gambling permit to allow Wayzata Youth Hockey District #284 to conduct bingo on September 21, 2019. See attached resolution. C. Resolution Granting Lot Line Rearrangement Approval between 1495 Medina Road and 1585 Medina Road – The City Council reviewed this request at their June 4th meeting and directed staff to prepare the attached resolution granting the lot line rearrangement. Staff recommends approval. See attached resolution. D. Resolution Vacating Drainage and Utility Easements within 1495 Medina Road – The City Council held a public hearing at their June 4th meeting and directed staff to prepare the attached resolution vacating the drainage and utility easements within 1495 Medina Road. Staff recommends approval. See attached resolution. E. Resolution Granting Wetland Setback Variance to Peter and Laurie Maiser for an Individual Sewage Treatment System at 485 Medina Road – The City Council held a public hearing at their June 4th meeting and directed staff to prepare the attached resolution 2 granting wetland setback variance for an individual sewage treatment system at 485 Medina Road. Staff recommends approval. See attached resolution. VII. NEW BUSINESS A. Charlie’s – 172 Hamel Road – Concept Plan Review – Steve and Richard Andres have submitted an updated Concept Plan for installation of a small restaurant constructed with shipping containers at 172 Hamel Road. The updated concept plan design now meets the requirements of the Uptown Hamel district and a PUD would no longer be necessary. The proposed restaurant is still proposed to be constructed using shipping containers but is proposed to be cladded in a way which meets the requirements of Uptown Hamel. the City does not take formal action on a Concept Plan, but rather provides comments. However, staff recommends that the Planning Commission and City Council provide as frank feedback as possible on the proposal to help the applicant determine how to proceed. The staff report provides additional information on the review of the application along with staff and planning commission comments for consideration. See attached report. B. Ditter Properties – 2032 to 2052 Holy Name Drive – Concept Plan Review – Jim and Tom Ditter (Ditter Properties) have requested review of a concept plan for the potential subdivision of 4 parcels they own into 5 lots. The four existing parcels are a total of approximately 25 acres, and each range in size from 3-8.5 acres, located east of Holy Name Drive and north of Holy Name Cemetery. The attached staff report provides additional information on the review of the application along with staff and planning commission comments for consideration. See attached report. C. City of Independence Comprehensive Plan Update Review – The attached report summarizes information from the Independence Comprehensive Plan which staff believes are of interest. Staff has prepared draft comments for Independence, which are attached for review. Following review, staff will update the comments as directed by Council. A link to Independence’s full Comprehensive Plan Update can be found in the staff report. See attached report and draft letter. D. City of Maple Plain Comprehensive Plan Update Review – The attached report summarizes information from the Maple Plain Comprehensive Plan which staff believes are of interest. Staff has prepared draft comments for Maple Plain, which are attached for review. Following review, staff will update the comments as directed by 3 Council. A link to Maple Plain’s full Comprehensive Plan Update can be found in the staff report. See attached report. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005110E-005129E for $59,575.98 and order check numbers 048874-048957 for $181,870.75 and payroll EFT 0509490-0509523 for $54,413.61 XI. CLOSED SESSION: Attorney-Client Privileged Discussion on Litigation Matter Specifically WW Farm and George Wessin v. City of Medina, Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b) INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Meeting Minutes 1 June 4, 2019 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 4, 2019 3 4 The City Council of Medina, Minnesota met in regular session on June 4, 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, Public Works Director Steve Scherer, 15 and Chief of Police Ed Belland. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20 The agenda was approved as presented. 21 22 IV. APPROVAL OF MINUTES (7:00 p.m.) 23 24 A. Approval of the May 21, 2019 Special City Council Meeting Minutes 25 Martin noted that she provided comments to be incorporated. She also noted on page 1, 26 it should state, “…she…” 27 28 Moved by Anderson, seconded by Albers, to approve the May 21, 2019 special City 29 Council meeting minutes as amended. Motion passed unanimously. 30 31 B. Approval of the May 21, 2019 Regular City Council Meeting Minutes 32 On page three, line 27, it should state, “He asked if some cities could choose to wipe out 33 some of those out debts.” 34 35 Moved by Anderson, seconded by Albers, to approve the May 21, 2019 regular City 36 Council meeting minutes as amended. Motion passed unanimously. 37 38 V. CONSENT AGENDA (7:02 p.m.) 39 40 A. Approve 2019-2020 Liquor License Renewals 41 B. Approve Fireworks Display Contract Agreement with RES Pyro 42 C. Change Start Time for the June 18, 2019 Work Session from 6 p.m. to 5:30 43 p.m. 44 D. Resolution No. 2019-35 Accepting Donation from Darlyne Whitman 45 E. Resolution No. 2019-36 Accepting Donations for the 2019 Bike Safety 46 Rodeo 47 Johnson thanked the businesses and residents that volunteered and contributed to the 48 bike safety rodeo. 49 50 Medina City Council Meeting Minutes 2 June 4, 2019 Anderson asked if the liability insurance related to fireworks is standard for a city of 1 Medina’s size. 2 3 Johnson confirmed the standard. 4 5 Anderson stated that he agrees with the change of time for the worksession and asked 6 for confirmation on the details of the discussion that will occur at the worksession. He 7 suggested that the Council review the CIP in conjunction with the budget. 8 9 Johnson noted that the process typically includes a review of the general fund budget at 10 the June worksession with the CIP in July but confirmed that staff could bring both draft 11 items to the June worksession. 12 13 Moved by Pederson, seconded by DesLauriers, to approve the consent agenda. Motion 14 passed unanimously. 15 16 VI. COMMENTS (7:06 p.m.) 17 18 A. Comments from Citizens on Items not on the Agenda 19 There were none. 20 21 B. Park Commission 22 Scherer reported that the Park Commission has not met since the last update. He 23 stated that the new batting cages are installed at Hamel Legion Park and should be 24 functioning. He stated that mulching has also been completed in Hamel Legion Park. 25 26 C. Planning Commission 27 Finke reported that the Planning Commission will meet the following week to consider 28 four public hearings: Charlie’s Concept Plan, Ditter Concept Plan, and two hearings 29 related to ordinance changes in Uptown Hamel. 30 31 VII. NEW BUSINESS 32 33 A. Adam and Susan Marshall – 1495/1585 Medina Road – Lot Line 34 Rearrangement; Easement Vacation – Public Hearing (7:09 p.m.) 35 Finke stated that this request includes two applications, a lot line rearrangement and 36 easement vacation. He noted that the proposal would rearrange the lot line from the 37 existing location to convey about 4.3 acres from one property to the other. He noted that 38 the easements would be moved to match the new property line and therefore vacation of 39 the existing easements would need to occur. He noted that the property being conveyed 40 does not contain suitable soils and therefore would not impact the buildable lot size of 41 either property. He stated that staff recommends approval of the requests as proposed. 42 43 Martin opened the public hearing at 7:12 p.m. 44 45 No comments made. 46 47 Martin closed the public hearing at 7:12 p.m. 48 49 Medina City Council Meeting Minutes 3 June 4, 2019 Moved by Anderson, seconded by DesLauriers, to direct staff to prepare the resolution 1 granting approval of a lot line rearrangement between 1495 Medina Road and 1585 2 Medina Road. Motion passed unanimously. 3 4 Moved by Anderson, seconded by DesLauriers, to direct staff to present the resolution 5 vacating the drainage and utility easements for 1495 Medina Road on the consent 6 agenda in connection with the lot line rearrangement resolution. Motion passed 7 unanimously. 8 9 B. Peter and Laurie Maiser – PID #13-118-23-31-0009 – Septic Wetland Setback 10 Variance – Public Hearing (7:14 p.m.) 11 Finke stated that the septic designer had found that the only location for the septic is in 12 the highest spot of the property. He noted that even that location has such a high 13 groundwater level that a type three septic would be proposed. He stated that the septic 14 variance criteria are provided in the septic ordinance. He stated that the wetlands on the 15 site create a difficulty in locating the septic. He stated that staff recommends approval 16 as requested. 17 18 Anderson asked if the Planning Commission reviewed this request. 19 20 Finke replied that septic variances are not reviewed by the Planning Commission. 21 22 Albers asked the amount of treatment area within the setback area. 23 24 Finke replied that one third of the treatment area would lie within the setback. 25 26 Pederson asked if there are other type three septic systems in Medina, or in other cities. 27 28 Finke was unsure. He noted that type of system is allowed under City Code. 29 30 Martin opened the public hearing at 7:21 p.m. 31 32 Mike Dougherty, 2725 Cabaline Trail, asked if the correct people were notified as his 33 property did not appear to be accurately platted on the information sent out. He wanted 34 to know if this request would impact his property. 35 36 Finke stated that all properties within 1,000 feet of the property would have received 37 notification. He stated that the system as proposed would meet all relative state 38 requirements. He stated that the City received a written comment from the most 39 adjacent property owner to the west, who also met with staff, and ultimately supported 40 the request with the monitoring requirements as proposed by staff. 41 42 Martin closed the public hearing at 7:25 p.m. 43 44 Martin stated that she received a call from Mr. Conrad Miller, who voiced concern related 45 to potential wetland impacts. She stated that after reviewing the materials and drainage 46 of the standalone wetland, she does not share those same concerns. 47 48 DesLauriers asked the difference between a type three setback and holding tank in 49 functionality and cost. 50 51 Medina City Council Meeting Minutes 4 June 4, 2019 Finke stated that a type three would still have a mound. He explained that a holding 1 tank would need to be pumped and the material would need to be taken off site multiple 2 times per month, which would have a higher cost. 3 4 Moved by Anderson, seconded by Pederson, to direct staff to prepare a resolution 5 granting a variance from the 75-foot wetland setback for an ISTS subject to the 6 conditions noted in the staff report. Motion passed unanimously. 7 8 VIII. CITY ADMINISTRATOR REPORT (7:28 p.m.) 9 Belland provided an update on recent burglary activity in Loretto. He stated that the 10 group checked for unlocked vehicles and then used the garage door openers to access 11 the homes. He stated that police believe that this group is also responsible for 12 burglaries in Orono and Independence. He asked that all residents lock their vehicle 13 doors, homes, and out buildings. 14 15 IX. MAYOR & CITY COUNCIL REPORTS (7:32 p.m.) 16 No comments. 17 18 X. APPROVAL TO PAY THE BILLS (7:32 p.m.) 19 Moved by DesLauriers, seconded by Anderson, to approve the bills, EFT 005097E-20 005109E for $52,695.09 and order check numbers 048823-048873 for $137,200.82 and 21 payroll EFT 0509462-0509489 for $56,850.10. Motion passed unanimously. 22 23 XI. ADJOURN 24 Moved by Anderson, seconded by Pederson, to adjourn the meeting at 7:33 p.m. 25 Motion passed unanimously. 26 27 __________________________________ 28 Kathleen Martin, Mayor 29 Attest: 30 31 ____________________________________ 32 Jodi M. Gallup, City Clerk 33 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: June 13, 2019 MEETING: June 18, 2019 SUBJECT: Tennis and Basketball Court Resurfacing at Hunter Lions Park The City received the following two quotes for resurfacing the tennis courts and the basketball court at Hunter Lions Park: Total FINLEY BROS. INC. $7,080 C & H SPORT SURFACES, INC. $9,475 Staff is working on updating the quote from pickleball to youth regulation striping and anticipates minor, if any, change in cost from the original quote for this item. Staff is recommending approval of the Finley Bros. Inc. quote since they are the lower quote for the resurfacing at Hunter Lions Park. Agenda Item # 5A COURT RESURFACING AGREEMENT This Agreement is made this 18th day of June 2019, by and between Finley Bros. Inc., P.O. Box 677, 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 court resurfacing; and 2. The City has approved the contract for court resurfacing 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 court resurfacing for the City. “Court Resurfacing” will consist of power spray and hydro-wash, patch and blend low areas, clean fill and blend cracks to surface using acrylic patch filler, install a Laykold Color Surface System for existing acrylic/asphalt construction, and line stripe play areas on the basketball and tennis courts to USTA specifications, including youth regulation tennis court striping, at Hunter Lions Park in accordance with the attached Exhibit A. 2.0. TERM. The term of this contract will be from June 2019 to August 2019. 3.0 COMPENSATION. The City shall compensate the Contractor $7,080 for resurfacing of the tennis courts and basketball court at Hunter Lions Park, as defined in the Scope of Services above and approved by the Public Works Director. The Public Works Director will have discretion to approve additional compensation to adequately cover the cost of the youth striping instead of pickleball, if necessary. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost in accordance with the attached Exhibit A. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment, tools, and materials to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 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 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. The Contractor shall provide the City with copies of all contracts for assigned services. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By __________________________________ Kathleen Martin, Mayor By __________________________________ Jodi M. Gallup, City Clerk FINLEY BROS. INC. (CONTRACTOR) By ____________________________ Ray Finley Resolution No. 2019- June 18, 2019 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- RESOLUTION APPROVING OFF-SITE GAMBLING PERMIT FOR THE WAYZATA YOUTH HOCKEY DISTRICT # 284 TO CONDUCT LAWFUL CHARITABLE GAMBLING AT 3200 MILL DRIVE WHEREAS, the Wayzata Youth Hockey District # 284 (“Applicant”) has made application to the City of Medina for “Off-Site Gambling” to conduct charitable gambling activities under authority and regulation of Minnesota Statute 349.16; and WHEREAS, said premises permit will be for charitable gambling activities to be conducted at the Hamel Community Building located at 3200 Mill Drive within the city; and WHEREAS, Applicant understands that this license prohibits conducting charitable gambling activities at any other location not stated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of Medina, Minnesota that the Applicant’s request to conduct off-site gambling be granted, effective for the Medina Celebration Day single day event on September 21, 2019. Dated: June 18, 2019. _____________________________________ Kathleen Martin, Mayor ATTEST: _____________________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______ and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item # 5B Resolution No. 2019-## DATE Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-## RESOLUTION GRANTING LOT LINE REARRANGEMENT APPROVAL BETWEEN 1495 MEDINA ROAD AND 1585 MEDINA ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Adam Marshall and Susan Marshall (the “Marshalls) own property at 1495 Medina Road and Harry Schleeter and Molly Schleeter (the “Schleeters”) own property at 1585 Medina Road; and WHEREAS, the Schleeters intend to purchase approximately 4.2 acres of the land currently property owned by the Marshalls and to attach it to their property; and WHEREAS, the Marshalls and Schleeters (collectively, the “Owners”) have requested approval from the City of a lot line rearrangement to allow the conveyance; and WHEREAS, the Marshall property and Schleeter property prior to the rearrangement is described in Exhibit A, attached hereto; and WHEREAS, the City Council reviewed the requested lot line rearrangement at the June 4, 2019 meeting and reviewed testimony of interested parties; and WHEREAS, following such review the City Council made the following findings: 1)The proposed lot line rearrangement is not in conflict with the general and specific plans of the City and is not premature. 2)The lot area of each lot is not affected by the rearrangement because the area to be transferred does not contain suitable soils for a standard septic system as described in Subd. 5 of Section 820.29. 3) The lots resulting from the lot line rearrangement exceed other minimum lot standards, are suitable for the type of use contemplated, and are otherwise not in conflict with the findings noted in Subd. 10 of Section 820.21 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of a lot line rearrangement of the two parcels which results in them being legally described as in Exhibit B, attached hereto, subject to the following terms and conditions: 1)The Owners shall grant to the City drainage and utility easements five feet in width along each side of the newly rearranged lot line. Agenda Item # 5C Resolution No. 2019-## 2 DATE 2) The Owners shall abide by the recommendations of the City Attorney related to recording procedures and title documentation. 3)The Owners shall file necessary documents with Hennepin County to effectuate the lot line rearrangement within 180 days or the approval granted herein shall become null and void, unless an extension is granted by the City Council. 4)The Marshalls shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the lot line rearrangement. Dated: June 18, 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. Resolution No. 2019-## 3 DATE EXHIBIT A Legal Description of the Property Prior to Lot Line Rearrangement Marshall Property Lot 1, Block 1, WETTERSTROM ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Schleeter Property The West ¼ of the Northwest ¼ of Section 23, Township 118 North, Range 23, West of the 5th Principal Meridian, except the South 1320 feet thereof, Hennepin County, Minnesota Resolution No. 2019-## 4 DATE EXHIBIT B Legal Description of the Property After Lot Line Rearrangement Marshall Property Schleeter Property Resolution No. 2019-## DATE Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN 1495 MEDINA ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Adam and Susan Marshall (the “Applicants”) own property within the City at 1495 Medina Road (the “Property”) which is legally described as: Lot 1, Block 1, Wetterstrom Addition, Hennepin County, Minnesota; and WHEREAS, the Applicants have requested approval of a lot line rearrangement which would alter a portion of the common property boundary between the Property and the adjacent parcel to the west; and WHEREAS, drainage and utility easements were dedicated to the public upon certain portions of the Property on the plat of Wetterstrom Addition, Hennepin County, Minnesota, including adjacent to the western property boundary which is now proposed to be altered; and WHEREAS, the Applicants have requested that the City vacate a portion of the drainage and utility easement adjacent to the western property boundary which is proposed to be altered; and WHEREAS, the Applicants propose to grant replacement drainage and utility easements to the public adjacent to the updated property boundary; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing to consider the proposed vacation; and WHEREAS, notice of the public hearing was posted, published in the official newspaper and mailed to the owners of affected properties, all in accordance with law; and WHEREAS, the City Council held the public hearing on the proposed vacation on June 4, 2019, at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City Council determined that the replacement drainage and utility easements located adjacent to the altered lot line would better serve the public interest than portions of those originally dedicated adjacent to the western lot line of the Property as platted as Wetterstrom Addition; and Agenda Item # 5D Resolution No. 2019-## 2 DATE WHEREAS, upon such finding, the City Council determined that the vacation of a portion of the drainage and utility easement along the western property boundary of the Property is in the public interest, subject to the Applicants granting a replacement easement. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of M edina, Minnesota as follows: 1. Subject to the Applicant granting a replacement easement adjacent to the updated property boundary, the portion of the drainage and utility easement described in Exhibit A is vacated. 2. With the exception of the portion of the drainage and utility easement described in Exhibit A, all other drainage and utility easements dedicated to the public on the plat of Wetterstrom Addition shall remain dedicated for public use. 3. The city administrator or his designee is authorized and directed to prepare and present to the Hennepin County Auditor a notice that the City has completed these vacation proceedings and record with the Hennepin County Recorder the vacation of the easement described in Exhibit A only upon receipt of the replacement easement adjacent to the updated property boundary. Dated: ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________________ 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 DATE EXHIBIT A Legal Description of Vacated Drainage and Utility Easements Vacating only the 5.00 foot wide drainage and utility easement as dedicated over Lot 1, Block 1, WETTERSTROM ADDITION, according to the recorded plat thereof described as that easement abutting the west line of said Lot 1 which lies southerly of a point 765.48 feet north of the southwest corner of said Lot 1 as measured along said west line. Resolution No. 2019-### June 18, 2019 Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-### RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO PETER AND LAURIE MAISER FOR AN INDIVIDUAL SEWAGE TREATMENT SYSTEM AT 485 MEDINA ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Peter and Laurie Maiser (the “Owners”) own property located at 485 Medina Road, (the “Property”), which is legally described as: ;and WHEREAS, the Owners have requested approval of a variance to reduce the required 75-foot setback for an individual sewage treatment system (ISTS) from a wetland on the Property; and WHEREAS, the City Council held a public hearing and reviewed the requested variance on June 4, 2019, heard testimony from City staff, and any interested party; and WHEREAS, following such review the City Council made the following findings: 1) The granting of the variance is in harmony with the general purposes and intent of this Section, and is in in accordance with Minnesota Rules, Chapters 7080, 7081, and 7082. 2) The Owners have established that there are practical difficulties in meeting the strict letter of the ISTS ordinance. 3) The condition causing the demonstrated difficulty is unique to the property and was not caused by the actions of Owners. 4) The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons in the vicinity.” Agenda Item # 5E Resolution No. 2019-### 2 June 18, 2019 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves a variance to reduce the required 75-foot wetland setback for an ISTS on the Property, subject to the following terms and conditions: 1) The ISTS treatment and dispersal area shall be setback a minimum of 50 feet from the wetland on the Property. 2) The Owners shall establish an upland buffer with an average width of 25-feet from the wetland, with the area nearest Septic Site A to be reduced to 20-feet and wider in areas not near septic location. The buffer shall include appropriate vegetation, signage and documentation to be approved by City staff. 3) The ISTS shall be inspected annually by a certified MPCA septic designer for the first five years to verify it is functioning properly. The Owners shall implement any recommendations made by the designer to improve functioning and longevity. 4) The variance shall be valid for a period of one year following approval. Following such time, the approval shall expire and be considered null and void unless the City Council grants an extension. 5) The Owners shall pay to the City a fee in an amount sufficient to pay for the costs associated with review4ing the variance and other relevant documents. Dated: June 18, 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. Charlies – 172 Hamel Road Page 1 of 8 June 18, 2019 Concept Plan Review City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: June 13, 2019 MEETING: June 18, 2019 City Council SUBJ: Charlie’s – 172 Hamel Road – Concept Plan Review Summary of Request Steve and Richard Andres have requested that the City review a Concept Plan for installation of a small restaurant constructed with shipping containers at 172 Hamel Road. The applicant had previously submitted a PUD concept plan in order to allow flexibility for building materials and building design standards to allow use of the shipping containers in the building design. The Planning Commission and City Council provided comments this spring. Minutes from these previous discussions are attached for reference. The applicants have updated the concept plan so that the design meets the requirements of the Uptown Hamel district and a PUD would no longer be necessary. The proposed restaurant is still proposed to be constructed using shipping containers, but is proposed to be cladded in a way which meets the requirements of Uptown Hamel. The proposed restaurant is fairly small, just over 700 square feet, predominantly take-out and delivery with limited seating. The applicant would be interested in rooftop or patio seating in the future. The subject property is located at the northwest corner of Hamel Road and Sioux Drive in Uptown Hamel. The property currently contains a two-story office building and the Hamel Library. The restaurant is proposed in the northeast quadrant of the property. The site slopes down steeply north of the parking lot. St. Anne’s Catholic Church is located to the west of the site, Farmer’s State Bank to the southeast, and Argent Parc to the southwest. An aerial of the site can be found at the top of the following page. Purpose of Concept Plan Review According to Section 825.63 of the City Code: “Concept plan review serves as the basis for informal conceptual discussion between the city and the applicant regarding a specific land use proposal. It is designed to assist the applicant in preparing a formal land use application for the city’s consideration. The purpose of the concept plan review is to identify significant issues, suggest design considerations and discuss requirements of the city’s official controls.” Concept Plans are required for development in Uptown Hamel be approved. Concept plan review is for the purpose of discussion and comment only. Any opinions, comments or observations provided to the applicant by the city staff, planning commission or city council shall be considered advisory only and shall not constitute a binding decision on the Agenda Item # 7A Charlies – 172 Hamel Road Page 2 of 8 June 18, 2019 Concept Plan Review City Council Meeting proposed project. The applicant may not infer any future approval of a formally submitted land use application based upon the concept plan review and no vested rights shall accrue as a result thereof. Comprehensive Plan/Zoning The subject property is guided Uptown Hamel in the Comprehensive Plan and zoned Uptown Hamel-2 (UH-2). The City is proposing to rezone the subject property, along with all other parcels in Uptown Hamel, to a single Uptown Hamel (UH) district. Restaurants are a permitted use within the UH districts. The development standards of the district will be described later. Proposed Site Layout The restaurant is now proposed to be located in the southeast of the property, in the location of the historic library and parking. The library is proposed to be shifted slightly to the west on the site. A patio space is proposed between the restaurant and library. The existing two-story building is proposed to remain and includes approximately 4,000 gross square feet of office space. The applicant proposes to expand the parking lot to a total of 20 stalls and also to connect to and share parking with St. Anne’s parking lot to the west. The Uptown Hamel district requires buildings to be close to the street with parking behind the building. The applicant’s new concept plan pushes the restaurant closer to Hamel Road, and proposes to relocate the parking to the rear. Charlies – 172 Hamel Road Page 3 of 8 June 18, 2019 Concept Plan Review City Council Meeting The following table summarizes the dimensional standards of the Uptown Hamel district and the proposed concept plan. UH Requirement Proposed Minimum Lot Size N/A 22,772 s.f. Minimum Lot Width N/A 161 feet Minimum Lot Depth N/A 138 feet Min. Front Yard Setback 0 feet 5 foot (Sioux Dr.) 10 feet (Hamel Rd) Max. Front Yard Setback 10 feet 5 foot (Sioux Dr.) 10 feet (Hamel Rd) Rear Yard Setback As necessary 95 feet Side Yard Setback 0 or 8 feet 121 feet Max. Building Size 12,000 s.f. 704 square feet Max Height 50 feet 22 feet Max. Hardcover 90% 60% Architectural Design The applicant proposes to utilize four shipping containers to create the building for the restaurant. In their initial concept, the applicant proposed to use the metal of the shipping containers as the exterior material. In the updated concept, the applicant proposes to clad the containers with wood to mimic a wood grain elevator. Wood is a permitted material in Uptown Hamel: • “Materials. Exterior materials shall consist of one or more of the following: natural brick, stucco, stone, wood, glass, or commercial grade fiber cement lap siding with a wood appearance which is installed per manufacturer’s specifications. Treated or anodized metal may be used for trim.” The Uptown Hamel districts also include the following architectural requirements (in italics): • General. All new buildings, structures, expansions, remodeling, and development plans shall conform to these design standards and be compatible and complementary to the buildings proposed to be retained downtown. Elements of compatibility include, but are not limited to: building height, form, mass and bulk, fenestration, exterior material appearance, color, exterior material durability, detailing, setbacks, landscaping, exterior lighting and site improvements. • Building - Street. Building design shall make the street visually more interesting, functionally more enjoyable and useful and economically more viable. Buildings, porches, and plaza spaces shall be designed to bring the building and its activity more in contact with the street. • New Building and Major Expansions. New buildings… should be compatible with adjacent and nearby buildings. Buildings shall be designed and oriented consistent with this ordinance, proposed use of the property, uses on adjacent properties and nearby amenities. Buildings shall be designed and oriented so as not to detract from one another or vistas. Views from the residential areas should be protected. Where these views exist, partial Charlies – 172 Hamel Road Page 4 of 8 June 18, 2019 Concept Plan Review City Council Meeting loss of the view may be an unintended but justified result when development takes place consistent with other provisions of this ordinance. Entrances shall be placed for easy access from the street. Utilities shall be placed underground and meters and transformers shall be hidden from view. • Integrate – Coordinate. New buildings, structures, remodeling and expansion shall be integrated and coordinated with development on abutting property. Elements for integration and coordination include, but are not limited to, sidewalk and pedestrian ways and their continuity; site lighting; site access; building orientation; building entrances… The Planning Commission and Council should provide feedback on whether they find the new concept to be compatible and complementary with Uptown Hamel. The patio is proposed as a gathering space to connect with the sidewalk to Hamel Road. The proposed uses on the site are constructed to share the parking lot and proposed patio space. • Porches (Overhangs – Canopies – Arcades). Porches, which overhang into walks, are one of Uptown Hamel’s trademarks. These features should be preserved, enhanced, and improved. New commercial structures on Hamel Road and Sioux Drive are expected to be designed and constructed with these features. The proposed building design includes a small overhang on the south end of the structure. As the design continues forward, it would appear that this could be expanded to provide shade on the patio area. • Fenestration – Modulation. Windows and openings shall be generous, especially on the street side, and their placement and design shall express the pedestrian- friendly, livability of the town center. …Buildings shall be modulated a minimum of once per 40 feet in frontage to avoid long, monotonous building walls. This modulation may include varying building height, building setback, or building materials/design. At the street level, at least 30 percent of the façade should be glass in windows and doors. The building is not greater than 40 feet in frontage in either location, but modulation is provided with the vertical feature in the center. It appears that less than 30% of the façade facing Hamel Road include glass and no windows are proposed along the Sioux Drive elevation. Although the building will sit higher than Sioux Drive, it will still be visible. Staff recommends architectural elements and, if possible, windows to be incorporated into the eastern building front as well. • Plazas. Plazas or small extensions of the sidewalk into or on private property are encouraged especially at key focal points and selected locations. Plazas will serve as a unifying link between businesses and sidewalks. The design and form of the plazas shall accommodate social and business interaction, provide a setting for buildings, sidewalks and other plazas, and should accommodate sitting, watching and in some instances outdoor food services. Plazas shall include special pavements (for example, concrete brick pavers or exposed aggregate), decorative lights and decorative trees, shrubs and flowers with emphasis on providing a variety of color, texture, and form throughout the year. … Decorative fences and walls will be used to delineate spaces and to accommodate grade changes. Plaza furniture is encouraged including benches, drinking fountains, bike racks, waste containers, kiosks, and decorative signs and plaques. Monuments and sculpture will be encouraged e.g. clock towers, gazebos, water fountains, etc. …” The applicant proposes a large patio area in front of the restaurant, as is encouraged in the Uptown Hamel requirements. Design of this patio should account for the items listed above. Charlies – 172 Hamel Road Page 5 of 8 June 18, 2019 Concept Plan Review City Council Meeting Outdoor/Rooftop Dining The applicant has shown patio seating and a future possibility of additional rooftop dining. The scale of the proposed outdoor area is fairly small, perhaps 12 seats on the patio, with the rooftop area potentially having a similar amount. Uptown Hamel allows outdoor dining areas with the following requirements: • Shall be allowed only in connection with a restaurant or bar which has inside seating for at least 20 people. Roof-top dining is encouraged and must have suitable access and safety measures for patrons and employees. • The outdoor dining/drinking/entertainment area shall not be larger than one- half of the inside seating area. • The outdoor dining/drinking/entertainment area shall be delineated by decorative fencing, landscaping, building walls or some combination of these or similar features, and may be included in the green space areas with the use of pervious surface materials. • If the sale of intoxicating liquor is inside, the outside area may be required to have all access to the space from only inside the principal building. • The establishment’s hours of operation may be limited and noise reduction measures may be required in order to minimize impact on surrounding land uses. As proposed, the restaurant would not have sufficient inside seating to allow outdoor dining. The current regulations would prohibit a small restaurant from having outdoor seating. Staff also could see this being limiting for a coffee or, especially, an ice cream shop. Staff’s impression is that the rationale of the regulations may be to limit the intensity of the patio area or perhaps to prevent a bar or restaurant from needing to rely on the outdoor seating, especially during times of poor weather. It should also be noted that these regulations apply to the property and are not intended to permit seating on the public sidewalk or right-of-way. If the City is open to sidewalk seating, it would need to be addressed separately. If the primary interest is to limit the intensity of the patio, it seems like there could be an exception for smaller outdoor areas and the requirement for 20 inside seats does not serve the purpose. For example, the limitation could be: “The outdoor dining/drinking/entertainment area shall not exceed the larger of the following: 1) 16 seats; or 2) one- half of the inside seating area.” The Planning Commission discussed the limitations on outdoor seating during their review of Charlie’s and the Uptown Hamel regulations on June 11. Following discussion, the Planning Commission recommended that the language be updated in this way, and will be presented to Council on July 2. Parking The concept plan shows the parking lot to the north of the buildings being expanded to include 20 parking spaces, and has shown the lot connecting to St. Anne’s lot to the west for shared parking. Uptown Hamel allows flexibility for parking requirements as follows: “Flexibility in the number of required off-street parking spaces and loading facilities is allowed in [Uptown Hamel] because: 1) many parcels were developed prior to enactment of parking and loading requirements; 2) some parcels are small; 3) some parcels have little open space; and 4) Charlies – 172 Hamel Road Page 6 of 8 June 18, 2019 Concept Plan Review City Council Meeting there is a need to retain continuity of buildings fronting on Hamel Road and in the future on Sioux Drive, and there is a preference for “infill” on Hamel Road to be buildings, not parking lots or structures. In providing this flexibility, the city will consider the use and need for parking, the amount of off- street parking that is being provided, the amount of nearby on- street parking, any nearby public parking lots, peak parking demands for the use, joint use of parking facilities, and other relevant factors. In granting a parking reduction, concern for the overall benefits to the Uptown Hamel district will be considered as well as use and enjoyment of adjacent properties and economic impacts. The city council may establish and allow a fee in lieu of required parking to be paid towards the full number of off-street parking spaces required by the zoning ordinance. The proceeds of this fee shall be utilized by the city to achieve alternative parking solutions in the Uptown Hamel Districts. This fee shall be established under the then-current city fee schedule.” The standard parking requirements are: The existing office would require 16 parking spaces. The City’s regulations do not account for a takeout style restaurant with limited seating. Staff reviewed requirements in other communities and found a range of 100-200 s.f. per stall. This would result in 3-7 stalls for the takeout and 4 stalls for patio dining. This would result in a parking requirement of 25 parking stalls with the potential for more parking if rooftop dining is added. The applicant has indicated that they are working on an agreement with St. Anne’s to share parking. The City also operates a parking lot one block to the south. With even a small amount of shared parking, staff believes the parking needs of the site could be accommodated. Access/Transportation/Loading The existing driveway is located approximately 90 feet west of Sioux Drive and 25 feet west of Mill Drive. The offset of these access points may cause circulation concerns, especially for vehicles turning left out of the site. Stacking from the stop sign at east-bound Hamel Road may extend in front of the driveway location, forcing a vehicle leaving the site to wait to turn left onto Hamel Road. The City Engineer has recommended that applicant provide evidence that the intensification of use on the site will not cause turning issues. An alternative may be to utilize the shared access with St. Anne’s for traffic leaving the site, and restricting the existing driveway to “in” only. Loading from the site rather than public streets is strongly encouraged in the Uptown Hamel area. While loading may temporarily block some parking, it appears that loading could occur from the parking lot. Office 1 stall per 250 s.f. Restaurant 1 stall per 3 seats Charlies – 172 Hamel Road Page 7 of 8 June 18, 2019 Concept Plan Review City Council Meeting Stormwater/LID Review/Grading Review The concept plan does not include grading and drainage plans. Stormwater management is provided for the Uptown Hamel area in Rainwater Park. The applicant will need to provide plans for how stormwater from the area of new impervious surface will be conveyed to the system without impacting adjoining properties. The northeast corner of the proposed parking lot slopes about 8 feet to the north and east. The grading plan will need to show how this can be accommodated without negatively impacting other property or the right-of-way. Sewer/Water An additional water service stub was provided for the property with the Hamel Road reconstruction. The applicant will either need to show that the existing sewer service will suffice for both the office building and the restaurant or will need to connect in Hamel Road and reconstruct the street when complete. Landscaping and Tree Preservation It appears that a couple of trees would need to be removed in the proposed location of the building and parking. Removal of two trees is exempt from tree preservation and the removal of 20% of the significant trees is allowed without replacement. The applicant has shown landscaping along the patio, but a full landscaping plan will be provided upon formal application. Review of Uptown Hamel Standards The City is currently reviewing the standards of the Uptown Hamel area. The City engaged community members through the spring working with a group of students from the Humphrey School at the University of Minnesota. A summary of the public engagement is available on the City’s website. Staff has recommended continuing these discussions over the year to determine what changes should be made to the standards. During discussion so far, there has been a lot of interest in encouraging restaurant uses in Hamel. Interest has been for cafes and casual dining. Opinions on architectural design have been mixed but favored traditional architecture. Preference has been towards a diversity of design rather than uniformity. It will be a fairly long time until the standards of Uptown Hamel are adjusted. On one hand, it may be preferable for at least the public engagement feedback summarized to inform this decision. On the other hand, the proposed restaurant is comparatively small in scale and the design standards in Hamel have evolved over time. Staff Comments As noted above, the City does not take formal action on a Concept Plan, but rather provides comments. However, staff recommends that the Planning Commission and City Council provide as frank feedback as possible on the proposal to help the applicant determine how to proceed. Charlies – 172 Hamel Road Page 8 of 8 June 18, 2019 Concept Plan Review City Council Meeting Specifically, it would be helpful to receive feedback on whether the Council may support altering the code to allow outside seating for establishments with little or no inside seating. Staff has provided the following comments for consideration during a future formal application: 1. Proposed construction shall comply with relevant standards of the City Code. 2. An analysis shall be provided to show that increased intensity will not cause circulation problems at the intersections of the driveway/Hamel Road/Mill Drive/Sioux Drive. 3. Additional architectural elements, including windows, should be provided along the street façades. 4. Additional windows should be provided along the street façades 5. The grading and drainage plan shall be designed to prevent impacts on adjoining property and, at the least, to convey stormwater from new impervious surfaces to the Uptown Hamel storm sewer system. 6. Civil plans shall be provided for review and approval of the City Engineer. 7. Conditions related to the outdoor dining area shall be determined at time of application to limit impacts on other property. 8. Provisions for shared parking should be submitted for review by City staff. 9. Provisions for snow removal which does not impact adjacent property shall be provided at time of application. Planning Commission Comments The Planning Commission held a Public Hearing on the Concept Plan at their June 11 meeting. An excerpt from the draft meeting minutes is attached for review. Two residents spoke at the hearing. A resident of Argent Parc, speaking on behalf of 14 of the 18 residents of the building, raised concern related to the traffic circulation of a take-out restaurant in this location. Another resident spoke in favor of the concept but also stated that pedestrian and traffic safety should be reviewed. Planning Commissioners generally spoke in favor of the concept plan. Commissioners concurred that traffic and pedestrian safety should be analyzed and spoke in favor of updating the Hamel regulations to allow outdoor seating for small restaurants. Commissioners also thanked the applicant for their willingness to address the City’s comments. Attachments 1. List of Documents 2. Excerpt from draft 6/11/2019 Planning Commission minutes 3. Applicant Narrative 4. Concept Plan Set 6/13/2019 Project: LR-19-246 – Charlies (172 Hamel) Concept The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 3/11/2019 3/11/2019 3 Application Y Deposit 3/11/2019 3/11/2019 1 Deposit Y $2000 Narrative 3/11/2019 7 Narrative Y Concept Plan 3/11/2019 3/6/2019 9 Concept Y Concept Plan-Updated 3/21/2019 3/21/2019 9 Concept-3-21-2019 Y Concept Plan-Updated 3/25/2019 3/22/2019 9 Concept-3-25-2019 Y Topographical Overlay 3/25/2019 3/21/2019 1 Topo Y Concept Plan-Updated 5/10/2019 5/8/2019 9 Concept-5-10-2019 Y Narrative-Updated 5/10/2019 5 Narrative-5-10-2019 Y <over> 6/13/2019 Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Notice 2/22/2019 12 Notice 15 pages w/ affidavit and list Engineering Comments 3/20/2019 2 EngComments-3-20 Engineering Comments 3/29/2019 2 EngCommetns-3-29 Engineering Comments 5/23/2019 2 EngComments-5-23 Legal Comments 3/18/2019 1 LegalComments Legal Comments 5/17/2019 1 Legalcomments-5-17 Building Official Comments 3/13/2019 1 BuiildingComments Preliminary Comments 3/20/2019 2 Incomplete-3-20-2019 5 pages w/ enclosures Planning Commission Report 4/5/2019 9 PCReport 26 pages w/ attachments City Council Report 4/10/2019 9 CouncilReport Notice 5/31/2019 7 Notice-5-31 10 pages w/ affidavit and list Planning Commission Report 6/5/2019 8 PCReport-6-11-2019 28 pages w/attachments City Council report 6/13/2019 8 CouncilReport-6-18-2019 27 pages w/attachments Public Comments Document Date Electronic Notes Bilski Email 4/5/2019 Y Schubbe Letter 4/9/2019 Y Planning Commission minutes 4/9/2019 Y City Council minutes 4/16/2019 Y Planning Commission minutes 6/11/2019 Y Medina Planning Commission Excerpt from DRAFT 6/11/2019 Meeting Minutes 1 Public Hearing – 172 Hamel Road – Steve Andres – Updated Concept Plan Review for Charlie’s Restaurant Finke presented a request for a concept plan related to Charlie’s restaurant, noting that the Commission reviewed a slightly different application two months ago. He stated that the previous request was under the context of a PUD while the applicant is no longer pursuing a PUD. He explained that the updated concept plan mimics a wood grain elevator, noting that wood is an allowed building material. He reviewed the current zoning of the property and allowed uses. He stated that the City is currently reviewing the Uptown Hamel regulations, but will continue to operate under the current regulations until those updates become effective. He highlighted the changes that have been made to the concept plan in response to the comments received from the first review noting that the building would be closer to the roadway with more parking provided in the back of the building. He stated that the primary change in this concept is the architectural design. He stated that staff suggested some comments related to porches, overhangs, and increased windows should the application move forward. He stated that the restaurant is small inside with the idea for mostly take-out, or patio seating. He stated that in Uptown Hamel outdoor seating is only permitted if there are 20 spaces inside, which would not be the case in this application and therefore would not be permitted. He stated that the plan increases parking to 20 more functional stalls and provided additional opportunities for shared parking, noting that the applicant is working with the church to the west to develop a shared parking agreement. He noted that engineering has stated that they would like a traffic study to ensure that stacking would not cause a problem. He noted that previously the applicant was going to request a PUD which would have given the City more discretion. He noted that if the applicant meets the underlying zoning requirements, the City would have less discretion. He asked for input from the Commission on the submitted concept plan, specifically the outdoor seating. Grant Bender, applicant, stated that there was a lot of good feedback from the Commission, City Council, residents and Uptown Hamel meetings following the review of the first concept plan. He noted that those comments were used to create this second concept plan for a little restaurant, which would be about 700 square feet. He noted that this would be the first restaurant in Uptown Hamel and the first independently owned restaurant in Medina. He stated that this is an opportunity for them to bring something good to the community. He noted that there has been a lot of feedback on the menu but noted that they have only released preliminary ideas thus far. He welcomed additional comments, noting that nothing on the menu is fried and there will not be a lot of smoking of meats. He stated that they have also incorporated the library into the design in attempt to create a more public space. Amic asked for details on the possible shared parking with the church. Bender stated that they sent the new concept plan to the church and have discussed shared parking, which would also be a benefit to the church patrons. He noted that they will continue to discuss the details with the church as this moves forward. Amic asked if alcohol would be served. Bender stated that they have asked staff to look into licensing for the opening or a possibility for the future. Reid asked and received confirmation that the library would be moved to the left of the building. She asked why the door would be painted black. Bender noted that the door would be painted congruent with the rest of the design. He noted that the building would use local barnwood. He stated that there would be a live way along the walkway, noting Medina Planning Commission Excerpt from DRAFT 6/11/2019 Meeting Minutes 2 that the panel would be removed in the winter months. He explained that the panel would be propagated indoors in the spring and then brought to the site in the summer for installation. Reid asked if the planters shown would be an accurate representation. Bender replied that he would be leaning towards more natural landscaping in the front, noting that the planters were most likely a filler for the design. Reid asked the white item is sticking up from the roof. Bender explained that would depict a vent hood, noting that would be shielded from both sides and advised that the sketch is not an accurate depiction of the hood. Nielsen applauded the applicant for incorporating comments and bringing back another concept. She stated that she is excited to see this move forward. Amic commented that in his time on the Commission he has never seen an applicant bring back a concept plan twice to ask for input. He stated that this shows that the applicant would be an amazing neighbor that cares about the community. Bender commented that he is an open door and welcomes any comments from residents. He stated that he likes to have ideas and input from the community as this would be a community restaurant. Reid opened the public hearing at 7:28 p.m. David Shubbe, Argent Park resident, stated that he distributed a document expressing his concerns at the April 9th meeting. He noted that document was also signed by 14 of the 18 owners at Argent Park. He noted that he continues to be concerned by traffic impacts of this restaurant use and provided an example of a traffic scenario that could occur. Nielsen commented that it would appear that problem could already exist with the massage business and would not be unique to this business. Amic asked how the resident would feel their residential building adds to the traffic concerns in that area. Shubbe replied that he does not believe his building causes problems. Amic stated that he would guarantee that when the Argent Park building came through the approval process, there were most likely more concerns about traffic from the public. He noted that traffic is always a concern when a new building is constructed. He stated that he is impressed that this applicant has begin to address the problem even before bringing a formal application. He asked if the Argent Park residents are opposed to the concept as a whole. Shubbe replied that he is not opposed to the concept and believes it is a unique concept. Marilyn Forten, 365 Comanche Trail, stated that she owns property along Hamel Road and likes this concept. She stated that she is involved in the Uptown Hamel group and noted that the Hamel library is willing to move to another site to provide additional space on the west end of the church property. She stated that if the applicant wants to keep the library in that space, that is fine. She referenced a crosswalk that has never been marked and noted that needs to be marked to provide additional safety for pedestrian Medina Planning Commission Excerpt from DRAFT 6/11/2019 Meeting Minutes 3 crossings. She stated that she likes the idea of a shared parking lot. She asked if the speed on Hamel Road between Brockton and Hunter could be reduced to 20 mph. Finke noted that a speed study would need to be completed in order to investigate that option, noting that speeds typically increase following a study. Forten stated that perhaps a stop sign at Hunter or Brockton would be helpful. Finke replied that there will be a three-way stop at Brockton. Forten stated that the Uptown Hamel group is in favor of a restaurant in Uptown Hamel. Reid closed the public hearing at 7:40 p.m. Galzki stated that he appreciates the whole change in theme. He asked if there had been any thought in a traffic study to alleviate some of the concerns. He stated that he was happy to see the connection and shared parking opportunity with the church. He stated that he does like the idea and looks forward to this moving forward. Nester agreed that it seems the applicant has gone the extra mile. Amic commented that the traffic concern is the part that will matter the most if this moves forward. He stated that the applicant has come twice for input and that shows that they care. He stated that this would be a business with a local owner, which is a great fit for Uptown Hamel. He stated that the City could wait and wait for the perfect fit on Hamel Road, but this is an ideal option to have a local business owner. He believed that this should move forward. He stated that in regard to outdoor seating he does not see why that would be an issue. Finke explained that the outdoor seating regulation has been in place since the Uptown Hamel district was created but did not believe that exists in other zoning districts. He noted that outdoor seating will be a part of the discussion tonight relating to the Uptown Hamel regulations. Amic stated that he likes outdoor seating and believes that it is a good fit. He agreed with clockwise parking circulation, if that could be worked out. Nielsen stated that this is a fabulous idea. She noted that the shared parking with the church would also provide an improved situation for church patrons, helping some of those folks to avoid crossing the road. Reid stated that a takeout restaurant will have people coming and going and agrees that there should be an entrance and exit with a clear traffic pattern to avoid conflicts. She stated that she likes the building materials. She stated that if Uptown Hamel is going to be developed, there will be more traffic. She noted that her concern with this request is that there would be peak demand times and a clear traffic pattern would be helpful. She noted that perhaps there could be an employee that runs orders out to vehicles as well. Finke noted that this will move forward for City Council review the following week. 11 We are proposing to develop a new restaurant in Uptown Hamel. The restaurant will focus on Alsatian style rotisserie chicken (proprietary method), pizza and side items to provide a take-home family dining experience. Local MN ingredients will be utilized in many preparations such as Hamel maple syrup and locally brewed sodas and ice cream. The menu, created by Chef/Restauranteur Grant Bender, will feature, among other signature items, his General Foods/Seventeen Magazine award winning flourless chocolate cake and hot fudge sauce. The building’s main structure is to be designed using cargo shipping containers as the framework for a structure that will emulate a historical grain elevator (a structure common to rural communities). The adjacent Historical Hamel library on the location is proposed to be moved to the west of Charlie’s and provide a focal point and community gathering space with historical preservation intentions. The restaurant is to focus on to-go or carry out services but maintain a small number of seats and a plaza for guests to stay and enjoy their dining experience on site. Some potential features include a simple foundation for ease of construction, a green roof/wall for aesthetic as well as a sustainable approach to the site, and a simple yet modern approach to the interior design. This would include reused architectural elements, barnwood, copper and core 10 steel elements. The project is to be modern, but respect the nature of Hamel and the surrounding areas. The vertical tower feature of the design is intended to drive awareness of downtown Hamel to Highway 55 traffic. 80+% of the exterior will by clad in locally reclaimed barn wood. 2 Main building will use high cube 40’ container for back of the house kitchen, 3x 20’ containers will each be used for a display kitchen, cue, order and dine open space and an architectural focal point tower emulating a grain elevator. 80+% will be clad in locally reclaimed barnwood. The building will sit at the corner of Sioux and Hamel Rd. as to keep in the character of Uptown Hamel. Designed by Studio M Architects www.studiomarchitects.net in conjunction with ABConcepts-Richard and Steve Andres (Property Owners) and Grant Bender (Hospitality and Restaurant Professional) To be built by Chameleon Concessions (created Cargo Food Authority, Food Truck Hall in MSP Terminal and many other food trucks) as a “modular design which will the first of its kind in Minnesota www.buildmeafoodtruck.com Foundation will be graded slab with utility hock-ups. The parking lot will be expanded behind the building and shared parking will egress into the adjacent lot. Close attention will be paid to grading at the back to ensure proper drainages and preserve the wooded area to the north. Green concept design Planted rooftop and live wall at entrance Reclaimed local woods as exterior face- keeping Uptown Hamel style, barn-woods interior with iron (local ironwork form a talented blacksmith in our area). The exterior will feature a grain elevator look as to rekindle the community meeting space that was the local grain depositories throughout Minnesota (see pic page 5) Interior of the entry “tower” will look just like an old grain tower and have reclaimed surfaces Community Gathering Area-Outdoor Fireplace on patio with sustainable hardscape and landscape Solar power 0% waste initiatives Interior live cooking features- Rotisol Rotisserie oven, Turbo-Chef Pizza Ovens, bottled and draft non-alcoholic beverages, ice cream and pies. Featuring many local producers. 90% carry-out menu concept 3 4 Modifications to design; the plans and proposed use of the property conform to the design and development standards for Uptown Hamel. Changes made to original Concept Review submission include: Building shall be located within 10 feet of the front lot line; new design will locate the building within 10 feet of Hamel and Sioux Dr. Patio area and new location of the Historic Library will provide a small plaza area at the corner. The design and form shall accommodate social and business interaction, provide a setting for the restaurant and will accommodate sitting, watching and in some instances outdoor dining. A new overhang/awning at the street facing the corner of the building to provide a porch-like facade 80+% of the structure will be clad in reclaimed locally salvaged barnwood with the esthetic design to emulate a traditional community grain elevator building. This will satisfy the exterior surfaces requirement. Paved walkways will connect the library, restaurant, parking and directly access the sidewalk. The flow to be pleasant and encourage community interactions with multi-seasonal landscaping for color throughout the year. Over 10% of proposed site will be landscaped. The utilitarian functions will be totally screened from view and located at the rear of the building. Over 30% of the façade facing the Hamel Rd. will be glass (see design renderings) All parking will be expanded and located at the rear of the building keeping in compliance of Uptown Hamel specifications. 5 The Historic Library PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.21.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 03.22.19PUD REV. 05.08.19PUD REV. NOT TO SCALE CHARLIES - PROPOSED SITE PLAN1 A1.1 SITE PLAN LOCATION AREA % OF AREA BITUMINOUS AREA: 8,484 SQ. FT.37.7% CONCRETE AREA:1,770 SQ. FT. 7.9% HISTORIC BUILDING AREA:148 SQ. FT.>1% PROPOSED BUILDING AREA:710 SQ. FT.3.2% EXISTING BUILDING AREA:2,434 SQ. FT.10.8% GREENSPACE AREA:8,968 SQ. FT.39.9% TOTAL SITE AREA: 22,514 SQ. FT. K-3438WELLWORTHTOILETSVITREOUS CHINA PIZZA PREP TABLE TU R B O C H E F VACCUM PACKAGER JACKETED KETTLE RO T I S S E R I E TU R B O C H E F 8'-0"16'-0" 8' - 6 " 40'-0" VESTIBULE 1 A1.3 KITCHEN OR D E R I N G A R E A RESTROOM 1 A1.4 KITCHEN 27 ' - 1 0 12" 1 A1.6 1 A1.5 FUTURE STAIR TO ROOF TOP DINING PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.21.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 03.22.19PUD REV. Scale: 1/8" = 1'-0" CHARLIES - PROPOSED FLOOR PLAN1 A1.2 FLOOR PLAN PUD REV.05.08.19 GRADE 0'-0" A.F.F. T.O. STRUCTURE 25'-0" A.F.F. OPERABLE DOORS H/M DOOR PAINTED BLACK FUTURE ROOF TOP CANOPY GLAZING FUTURE GUARDRAIL T.O. CONTAINER 8'-6" A.F.F. T.O. CANOPY STRUCT. 16'-6" A.F.F. WOOD PLANK GLAZING INTERIOR LIT LED SIGNAGE T.O. GLAZING - TYP. 7'-2" A.F.F. BTM. OF SIGNAGE 18'-0" A.F.F. 4" LIVE WALL GLAZING AWNING PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.21.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 03.22.19PUD REV. 05.08.19PUD REV. Scale: 1/8" = 1'-0" CHARLIES - NORTHWEST ELEVATION1 A1.3 ELEVATIONS HAMEL ROAD ELEVATION GLAZING TOP OF STRUCTURE 25'-0" A.F.F. T.O. CONTAINER 8'-6" A.F.F. FUTURE CANOPY SUPPORTS 4" T.O. CANOPY STRUCTURE 16'-6" A.F.F. GRADE 0'-0" A.F.F. PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.21.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 03.22.19PUD REV. 05.08.19PUD REV. Scale: 1/8" = 1'-0" CHARLIES - SOUTHEAST ELEVATION1 A1.4 ELEVATIONS WEST ELEVATION T.O. CONTAINER 8'-6" A.F.F. H/M DOOR PAINTED BLACK 4" GRADE 0'-0" A.F.F. T.O. CANOPY STRUCTURE 16'-6" A.F.F. T.O. STRUCTURE 25'-0" A.F.F. PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.21.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 03.22.19PUD REV. 05.08.19PUD REV. Scale: 1/8" = 1'-0" CHARLIES - SOUTHWEST ELEVATION1 A1.5 ELEVATIONS PUD REV.05.08.19 NORTH ELEVATION T.O. CONTAINER 8'-6" A.F.F. FIXED DOORS WELDED IN PLACE GRADE 0'-0" A.F.F. T.O. STRUCTURE 25'-0" A.F.F. PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.21.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 03.22.19PUD REV. 05.08.19PUD REV. Scale: 1/8" = 1'-0" CHARLIES - NORTHEAST ELEVATION1 A1.6 ELEVATIONS PUD REV.05.08.19 SOUIX DRIVE ELEVATION T.O. CONTAINER 8'-6" A.F.F. FIXED DOORS WELDED IN PLACE GRADE 0'-0" A.F.F. T.O. CONTAINER 20'-0" A.F.F. PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.06.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 Scale: 1/8" = 1'-0" CHARLIES - NORTHEAST ELEVATION1 A1.6 ELEVATIONS 7 03.21.19 PUD REV.03.22.19 PUD REV.05.08.19 T.O. CONTAINER 8'-6" A.F.F. FIXED DOORS WELDED IN PLACE GRADE 0'-0" A.F.F. T.O. CONTAINER 20'-0" A.F.F. PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.06.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 Scale: 1/8" = 1'-0" CHARLIES - NORTHEAST ELEVATION1 A1.6 ELEVATIONS 8 03.21.19 PUD REV.03.22.19 PUD REV.05.08.19 T.O. CONTAINER 8'-6" A.F.F. FIXED DOORS WELDED IN PLACE GRADE 0'-0" A.F.F. T.O. CONTAINER 20'-0" A.F.F. PROJECT #: DRAWN BY: CHECKED BY: ISSUE: DATE: p. 6 1 2 . 5 2 4 . 5 3 7 5 53 0 N O R T H 3 R D S T R E E T # 2 3 0 mi n n e a p o l i s , m i n n e s o t a 5 5 4 0 1 WW W . S T U D I O M A R C H I T E C T S . N E T ST U D I O M A R C H I T E C T S , I N C . C 2013 STUDIO M ARCHITECTS f. 6 1 2 . 8 4 4 . 1 2 4 0 SHEET TITLE: 1592 SMA AM 03.06.19PUD SUB. CH A R L I E ' S 17 2 H A M E L R O A D HA M E L , M N 5 5 3 4 0 Scale: 1/8" = 1'-0" CHARLIES - NORTHEAST ELEVATION1 A1.6 ELEVATIONS 9 03.21.19 PUD REV.03.22.19 PUD REV.05.08.19 Ditter Properties Page 1 of 8 June 18, 2019 Concept Plan Review City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: June 13, 2019 MEETING: June 18, 2018 City Council SUBJ: Ditter Properties – Concept Plan Review – 2032-2052 Holy Name Drive Review Deadline Complete Application Received: May 9, 2019 60-day Review Deadline: July 8, 2019 Summary of Request Jim and Tom Ditter (Ditter Properties) have requested review of a concept plan for the potential subdivision of 4 parcels they own into 5 lots. The four existing parcels are a total of approximately 25 acres, and each range in size from 3-8.5 acres, located east of Holy Name Drive and north of Holy Name Cemetery. The applicants previously submitted a 6-lot concept, which was reviewed by the Planning Commission, Park Commission, and City Council a year ago. Minutes from the Council’s review in 2018 are attached for reference. The applicants subsequently completed a wetland delineation and found there was not sufficient upland for 6 lots. Three existing homes and a number of outbuildings exist on the four parcels today and the parcels share a driveway off Holy Name Drive. Much of the remaining property is wooded. Holy Name Cemetery is located to the south, the Churchill Farms neighborhood in Plymouth is immediately to the east, and Holy Name Lake is located to the west of Holy Name Drive. An aerial of the site can be found at the top of the following page. Two of the existing parcels are served by City sewer and are included within the urban service area, but all the property is zoned rural residential. The applicants are requesting that the City consider rezoning the two parcels served by city sewer to Suburban Residential, allowing the parcels to be reduced in size to create additional rural lots. According to section 825.63 of the City Code: “concept plan review serves as the basis for informal conceptual discussion between the city and the applicant regarding a specific land use proposal. It is designed to assist the applicant in preparing a formal land use application for the city’s consideration. The purpose of the concept plan review is to identify significant issues, suggest design considerations, and discuss requirements of the city’s official controls. Concept plan review is optional, not mandatory, for qualified applicants. It is generally limited to those involving the exercise of legislative discretion by the city council, requiring public expenditures, or likely to have community-wide significance.” Some examples include Comprehensive Plan Amendments and Rezoning applications, which would both be likely in this case. Agenda Item # 7B Ditter Properties Page 2 of 8 June 18, 2019 Concept Plan Review City Council Meeting The concept plan appears to contemplate the following formal requests: 1) Comprehensive Plan Amendment. This amendment would change the future land use of proposed Lots 1 and 4 from Rural Residential to Low Density Residential and reduce the Metropolitan Urban Service Area (MUSA) to match reduced size of the sewered lots. 2) Rezoning of Lots 1 and 4 from Rural Residential to Suburban Residential 3) Preliminary Plat for the subdivision 4) Interim use permit to allow two homes on Lot 1 through life estate (no construction on Lot 4 until 2nd home is demolished). Two of the existing four lots are connected to municipal sanitary sewer, having connected when sewer was extended to Lakeview Drive to bail-out failing septic systems along Holy Name Lake around 2000. These lots are approximately 4.3 and 3.2 acres in size and are guided and zoned Rural Residential. Essentially, the applicants propose to rezone two sewered lots to Suburban Residential and shrink the lots. This additional land would allow an additional rural lot to be created. Ditter Properties Page 3 of 8 June 18, 2019 Concept Plan Review City Council Meeting Comprehensive Plan The subject properties are all guided Rural Residential in the City’s Comprehensive Plan, but the two parcels connected to sewer are shown within the metropolitan urban service area. The City has no watermains in the area and the properties are all served by individual wells. Although the two properties were connected to the sanitary sewer, the land use and zoning of the parcels remained rural residential. After the sewer was extended, parcels along Lakeview Drive and one parcel east of Holy Name Drive were rezoned to Suburban Residential, but larger rural properties east of Holy Name Lake that were connected were not rezoned. Staff believes the reason the larger properties were not rezoned was because doing so would have resulted in a minimum lot size of 30,000 square feet, allowing the lots to be further subdivided. However, the sewer was not installed with the intent to allowing more sewered development in the area. The applicants propose to rezone the two sewered lots to Suburban Residential (SR) and to reduce their size closer to the minimum lot size of the SR district, 30,000 square feet. This change would require a reduction of the size of the MUSA area to match the smaller lots. Staff also believes a change of land use in the Comprehensive Plan from Rural Residential to Low Density Residential (LDR) would be necessary to support a rezoning to SR. The Land Use Principles, policies, and objectives of the relevant land uses from the Plan should provide guidance as the Planning Commission and City Council consider requests to amend the Comprehensive Plan. Staff has attached excerpts from the land use chapter of the 2020-2040 Comp Plan update for reference. Staff believes it could reasonably be argued that a LDR designation for the areas served by City sewer is not inconsistent with the objectives of the Comp Plan. The definition of RR states that the area is not intended to be served by urban services, while the LDR land use is intended to be served. On its face, it would appear logical that the properties which are connected to the sewer be designated LDR, similar to the other parcels which were connected along Lakeview Drive. Staff believes it could also be reasonably argued that the sewer was extended as a “bail-out” rather than to change the land use so that the RR guiding better serves objectives of the plan, despite the peculiar situation of having rural property connected to sewer. One of the objectives of the RR land use is to maintain a maximum density of one unit per ten acres for new development. However, the City has historically recognized that the 5 acres of contiguous suitable soils requirement can result in some cases in lots smaller than 10 acres, and in other cases can require lots to be much larger than 10 acres. It should be noted that there is one additional similarly situated property to the northwest which is just over 6 acres in size and connected to the sewer system. This property owner may have similar arguments to reduce the size of the lot served by sewer and have enough land to meet the RR standard on a second lot. Ditter Properties Page 4 of 8 June 18, 2019 Concept Plan Review City Council Meeting Proposed Site Layout The applicant proposes a total of 5 lots, two of which would be zoned SR and served by City sewer, and three lots which would be zoned RR. The lots are proposed to be served by a private road in the location of the existing shared driveway. The following table summarizes the proposed SR lots compared to the requirements of the district. SR Requirement Proposed Lots 1 and 4 Minimum Lot Size 30,000 s.f. 57,376 s.f. and 45,036 s.f Minimum Lot Width 100 feet 139 feet, 125 feet Minimum Lot Depth 125 feet 408 feet, 279 feet Front Yard Setback 35 feet 35 feet (new structures) 1 foot (existing home from ROW) Side Yard Setback 15 feet 15 feet Rear Yard Setback 40 feet 40 feet Max. Hardcover 60% The following table summarizes the proposed RR lots compared to the requirements of the district. RR Requirement Proposed Lots 2, 3, and 5 Minimum Lot Size 5 acres contiguous suitable soils 7.6 acres, 5.64 acres, 5.13 acres Gross Area None 9.71 acres, 6.44 acres, 5.13 acres Minimum Lot Width 300 feet 200 feet, 210 feet, 240 feet Minimum Lot Depth 200 feet 1180 feet, 1000 feet, 630 feet Front Yard Setback 50 feet 50 feet Side Yard Setback 50 feet 50 feet Rear Yard Setback 50 feet 50 feet Max. Hardcover 40% It appears that the proposed lots would meet the minimum lot size standards of the SR and RR zoning district. It appears that there is sufficient width for three rural lots, but their orientation will need to be adjusted a bit to meet the minimum lot width as it is required to be measured. The existing home on Lot 1 does not meet the minimum front setback from Holy Name Drive right-of-way (existing 1-foot setback) or the side setback from the north (existing 10 foot setback), but the subdivision does not affect this situation because these are existing exterior property lines. Three existing outbuildings on site would be too close to proposed property lines and will need to be relocated or demolished. The private road is proposed to be constructed in Outlot B. The width of Outlot B will need to be determined based upon the design of the street. It is likely that a minimum of 60 feet in width will be required. Ditter Properties Page 5 of 8 June 18, 2019 Concept Plan Review City Council Meeting Tree Preservation An extensive grove of trees covers much of the subject property. The applicants’ families have planted most of these trees in recent decades. Aerial photos show these plantings over time. It appears that the installation of improvements is likely to require the removal of a number of these existing trees. The tree preservation ordinance would permit the removal of 10% of the trees upon initial site development (installation of street, storm water, etc.) and an additional 15% of trees for the construction on each lot. The tree preservation ordinance allows credit for planted trees, which will significantly reduce or potentially eliminate the need for replacement. Wetlands/Floodplain/Shoreland A large wetland is partially located along the northeastern portion of the site, and a separate small wetland is located within the woods in the same area. The subdivision would be subject to the City’s wetland buffer requirements. The subject property extends west of Holy Name Drive. The applicant proposes to plat this portion of the property into a separate outlot. Most of this outlot is located within the floodplain adjacent to Holy Name Lake and would be subject to relevant regulations. Lots 1 and 4 and much of lots 3 and 5 are located within 1000 feet of Holy Name Lake and subject to the Shoreland Overlay District regulations. These lots would be limited to 25% hardcover. The required front setback exceeds required setbacks from Holy Name Lake, and the lot width and size requirements of the SR district exceed the requirements of the shoreland overlay district. Transportation The applicants propose to construct a private road in the location of the existing shared driveway to serve the subdivision, shown as Outlot B on the concept plan. The private road would extend approximately 350 feet and terminate in a hammerhead. Lots 2 and 3 would then share a driveway off the hammerhead. The City Engineer has not raised concerns regarding the impact of the subdivision on the broader transportation network. Sewer/Water As noted above, Lots 1 and 4 are proposed to be connected to the City’s sanitary sewer system, but would be served with individual wells. Lots 2, 3, and 5 are proposed to be served by septic and wells. Soils and percolation information will be required to confirm a primary and secondary septic location for each proposed rural lot upon preliminary plat application. Stormwater/LID Review/Grading Review The concept plan does not include information related to grading and stormwater improvements. The City Engineer has noted relevant stormwater management requirements which will need to be met upon preliminary plat application. Ditter Properties Page 6 of 8 June 18, 2019 Concept Plan Review City Council Meeting Park Dedication A future subdivision of the property would provide opportunity to secure park dedication according to the subdivision ordinance. The City’s subdivision regulations allow the City to require park dedication as follows: 1) Land – Up to 10% of the buildable property to be dedicated for park purposes – estimated to be approximately 2.4 acres in this case. 2) Cash-in-lieu – The City may also choose to accept cash in-lieu of all or a portion of this land dedication in an amount equal to 8% of the pre-developed market value, with a minimum of $3500 and a maximum of $8000 per home. This would likely be $8,000 in this case (for the new lot). 3) Combination of the above. The City’s decision on required park dedication is guided by its Comprehensive Park, Trail, and open space plan as well as the Master Plan. Map 6-1 from the Park, Trail, and Open Space Plan is attached for reference. These documents do not identify any need for park land in this area of the City. The documents also do not identify any trails specifically on the subject properties. The plans do identify a north-south trail between Medina Road and County Road 24 to the east of Holy Name Lake. The Plan does not identify the precise location of off-street trail corridors. The subject property may provide an alternative north-south location. A large wetland on the property to the north would prevent connecting to Medina Road. As such, it appears this alternative may not be preferred to the connection west of Holy Name Lake. As a result, staff does not recommend land dedication for parks or trails if the subdivision moves forward. The Park Commission reviewed the concept plan at their April 18, 2018 meeting and concurred with staff’s recommendation that cash be accepted in lieu of land dedication. Review Criteria The purpose of a concept plan is to provide feedback to an applicant to consider prior to a formal application. Such feedback does not imply any future approval by the City and the Planning Commission and Council do not take any formal action at this time. As noted above, the concept plan appears to contemplate the following formal requests: 1) Comprehensive Plan Amendment. This amendment would reduce the size of the MUSA to match the size of the reduced lots. The amendment would also change the future land use of these parcels from Rural Residential to Low Density Residential. 2) Rezoning of Lots 1 and 2 from Rural Residential to Suburban Residential. 3) Preliminary Plat for the subdivision. 4) Interim use permit to allow two homes on Lot 1 through life estate (no construction on Lot 4 until 2nd home is demolished). The City would have a great deal of discretion when considering the Comprehensive Plan Amendment. The Council can review the land use descriptions, principles, and objectives to determine if the proposed amendment is appropriate. Ditter Properties Page 7 of 8 June 18, 2019 Concept Plan Review City Council Meeting The Rezoning would ultimately be contingent upon the decision on the Comprehensive Plan Amendment. Section 825.35 of the City Code states that zoning amendments: “shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Plan or changes in conditions in the City.” If the Comprehensive Plan is approved, a rezoning would seem appropriate. The City would have relatively low level of discretion on the preliminary plat, provided the plat meets relevant requirements. In this case, a plat arranged as shown in the concept plan would be contingent upon approval of the above requests. Staff Comments Staff believes that, on its face, it seems logical to guide property served by municipal sewer to a land use which anticipates urban services, such as Low Density Residential. However, the objectives of the Comp Plan it is understandable that the City did not reguide or rezone the 4.3 and 3.2 acre parcels previously because this could have created the potential of further urban development on the larger lots. In this case, the applicant is proposing additional rural development, not urban. There are very few examples of similar situations which may make similar requests. One additional parcel adjacent to this subject site may have enough acreage to create a separate rural lot in addition a parcel connected to the sewer system. The City had identified potential septic concerns and the potential of extending service to the Wichita Trail neighborhood, but a number of these systems have subsequently been upgraded. In addition, none of these parcels would appear large enough to divide an additional rural lot. The Council should weigh out the various principals and objectives of the Comprehensive Plan to determine if the proposed amendment is appropriate. Staff believes it could reasonably be found that the amendment is supported by the descriptions and objectives described in this report and does not have concerns related to the potential Comprehensive Plan Amendment. If the applicant proceeds with a formal application, staff has provided comments throughout this report, the most significant of which are summarized below: 1) Any future application shall be subject to all relevant City regulations and policies. 2) The private road shall be designed such that slope in minimized. Any slope greater than 10% shall be reviewed by the Fire Chief and subject to necessary conditions. 3) The width of Outlot B shall be reviewed based upon design and location of private road. 4) Lot lines should be oriented to provide a minimum of 300 feet of width for each rural lot at the front setback. 5) The applicant shall provide the private road easement/agreement and shared driveway easement/agreement for review and approval by the City attorney prior to final plat. 6) Provisions shall be provided for removal of the three accessory structures which would not meet setbacks from proposed property lines. 7) If the City approves an interim use permit for two homes on Lot 1 through the life estate, no building may occur on Lot 4 until the second home on Lot 1 is removed. 8) The applicant shall submit soil and percolation information to identify a potential primary and secondary septic site on each rural lot. Ditter Properties Page 8 of 8 June 18, 2019 Concept Plan Review City Council Meeting Planning Commission Comments The Planning Commission held a public hearing on the concept plan on June 11, 2019. An excerpt from their draft minutes is attached for reference. One resident appeared at the hearing and spoke in favor of the subdivision and suggested that there may be some drainage concerns which could be addressed in any future subdivision. Planning Commissioners generally spoke in favor of allowing the lots which are connected to sewer to be reguided to Low Density Residential and zoned Suburban Residential, provided it was in connection with the lots being reduced in size so that it wouldn’t allow further sewered connections. Attachments 1. Document List 2. Comprehensive Plan Information 3. Excerpt from 6/11/2019 Planning Commission minutes 4. Excerpt from 6/19/2018 City Council minutes 5. Narrative 6. Concept Plan 6/13/2019 Project: LF-18-226 – Ditter Concept Plan The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 3/30/2018 3/30/2018 3 Application Y Signed by owner 4/9 Fee 3/30/2018 3/30/2018 1 Fee Y $1000 Narrative 4/22/2018 4/20/2018 1 Narrative Y Concept Plan 4/6/2018 4/6/2018 1 Concept Plan Y Concept Plan 5/9/2019 4/30/2019 1 Concept Plan-05-09-2019 Y Narrative 5/9/2019 5/9/2019 1 Narrative-05-09-2019 Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineer Comments 4/27/2018 2 Engineering Engineer Comments 5/23/2019 2 Engineering-05-23-2019 Legal Comments 4/25/2018 1 Legal Legal Comments 5/20/2019 1 Legal-05-20-2019 Preliminary Review/Incomplete 4/19/2018 2 Incomplete Legal Notice 4/27/2018 3 Notice 7 pages w/ affidavit and labels Legal Notice 5/31/2019 3 Notice-5-31-2019 6 pages w/ affidavit and labels Park Commission Report 4/12/2018 3 Park Report 5 pages w/ attachments Planning Commission Report 5/3/2018 7 Planning Report 18 pages w/ attachments City Council Report 6/13/2018 7 City Council Report 21 pages w/ attachments Planning Commission Report 6/5/2019 8 PCReport 24 pages w/attachments City Council Report 6/13/2019 8 CouncilReport 24 pages w/attachments [OVER] 6/13/2019 Public Comments Document Date Electronic Notes Park Commission Minutes 4/18/2018 Park Excerpt Planning Commission Minutes 5/8/2018 PCExcerpt City Council Minutes 6/19/2018 CouncilMinutes Planning Commission Minutes 6/11/2019 PCMinutes Medina Planning Commission Excerpt from DRAFT 6/11/2019 Meeting Minutes 1 Public Hearing – 2032-2052 Holy Name Drive – Tom and Jim Ditter – Concept Plan Review for Subdivision of 4 Lots into 5 Lots Finke stated that the Commission and Council reviewed a concept the previous summer for six lots but following the wetland delineation it was determined that there was not sufficient acreage for six lots and therefore the concept has been amended to five lots. He stated that the concept plan is coming forward as there is a unique set of requirements under the Comprehensive Plan and zoning which would require a Comprehensive Plan amendment and rezoning. He stated that there are four existing lots with a total of 25 acres on the subject site, which are zoned rural residential. He noted that two of the properties already have sewer connections allocated. He stated that currently the lots have an odd layout, which is how this process arose. He displayed the proposed subdivision, noting that lots one and four are have connections to the sewer system and the applicant would propose to shrink those lots to a suburban lot size. He noted that the extra land would then create an additional rural lot. He stated that a private road would be needed off Holy Name Drive to access the five lots. He stated that the property is guided rural residential but two lots are currently included in the MUSA. He stated that general feedback is requested tonight prior to the applicant determining whether to submit a formal application for a Comprehensive Plan amendment and rezoning request. Nielsen stated that she is a house on the lake connected to the sewer. She asked if this would add two additional homes to the sewer. Finke stated that two homes are already connected to the sewer and this would not add to that, no additional homes would be connected to the sewer. He explained that one of the lots is in a life estate and therefore that connection may be delayed until the life estate expires. He stated that even though the lots would not have municipal water, they would have municipal sewer. He provided background information on the previous rezoning that occurred with the lots along the lake that were rezoned suburban residential after the sewer connections occurred. He stated that this request would actually reduce the MUSA because the two lot sizes would be shrunk to two acres rather than the existing seven acres. Amic asked if this would be applicable to other properties. Finke stated that there are some properties zoned rural residential that exceed 30,000 square feet. He noted that there is one property that has the 30,000 square feet plus an additional five acres, which would be a similar situation. He noted that each application would need to stand on its own merit and no additional sewer entitlements would be given. Nielsen asked how many lots are similarly situated. Finke replied that there is one other property that would be similar. Reid stated that property would need to justify their request, should that be desired in the future. Jim Ditter, 2052 Holy Name Drive, stated that he, his mother and his brother live in three of the lots on the property. He stated that property has been in his family for many years and is served by one driveway. He noted that this request would replat to provide separate driveways for each of the lots. He explained that it is difficult to sell or market a lot with a shared driveway for all the properties. He stated that they brought a concept forward the previous summer but there was not enough property to create six lots following the delineation. He noted that this would add one additional lot to the four existing lots. He noted that the adjacent property has been rezoned suburban residential and therefore Medina Planning Commission Excerpt from DRAFT 6/11/2019 Meeting Minutes 2 their two sewer lots would not be an island and would be similarly zoned to adjacent property. He appreciated the input from the Commission. Reid opened the public hearing at 8:08 p.m. Tom Ditter stated that they have already been through the concept plan process previously but stalled out with the delineation. He stated that they have been working with staff since that time in attempt to make the request work. He stated that the Ditters are longtime Medina residents and are not trying to make a killing off this request. He stated that they will still remain in Medina. Suzie Sween, 2112 Holy Name Drive, stated that she has lived on the same street as the Ditters for her entire life. She stated that the Ditters have been in Medina for their entire lives and have relatives that date back 100 years. She stated that she enjoys having them as her neighbors and support their application to divide their property. She noted that she would have even approved six lots. She stated that she is not concerned with the number of lots, she simply wants them to remain her neighbors. She noted that there is a considerable amount of runoff that comes to her property from a culvert on the Ditter property. She asked that the issue be mitigated during this process as there have been issues on her property. Finke confirmed that stormwater management would be triggered during the subdivision process. Reid closed the public hearing at 8:13 p.m. Nielsen stated that she supports the request. Amic stated that he also supports the request. He noted that once the lots would be developed the stormwater concerns would be addressed as well. Nester asked how the lots would need to change to meet the width requirements. Finke explained that there are multiple options that could be utilized to provide the necessary width. Galzki stated that as long as the lot size standards are met, he would support the request. Reid stated that there is adjacent low density residential and therefore it would make sense to rezone those lots. She stated that she would also be happy to see lots two, three and five preserved as rural residential. She stated that they are beautiful lots, and this would preserve that. Finke stated that the intent would be to move this forward for City Council review the following week. Medina City Council Excerpt from June 19, 2018 Meeting Minutes 1 Ditter Properties – Concept Plan Review – 2023 – 2052 Holy Name Drive (7:06 p.m.) Finke stated that this is a concept plan review and therefore formal action is not required. He stated that the concept would entail rearrangement and division of the four parcels into 6 total parcels. He noted that two of the properties are connected to the City’s sewer system but remain guided and zoned as rural residential. He noted that a number of similar properties that were connected to sanitary sewer along Holy Name Drive have been rezoned to suburban residential. He stated that the applicant is proposing to reduce the size of the properties served by sanitary sewer to match the requirements of the suburban residential zoning district and then redistribute the remainder of those lots with the remaining parcels to create four additional lots. He stated that the southern portion of the site contains the two lots proposed for suburban residential and the four lots that would remain rural residential. He noted that all the properties would be served by a private road in the location of the driveway that currently serves the properties. He provided additional details on the sanitary sewer connection. He asked Council to consider rezoning the properties served by sewer to suburban residential, similar to the other properties along Holy Name Drive. He noted that there may be one other property that could be in a similar situation. He stated that if the concept were to come forward as a formal request, there would be a Comprehensive Plan amendment, rezoning, and subdivision. He stated that the Planning Commission held a public hearing on May 8th and there were no public comments made. He stated that the Commission believed that this would make sense and expressed support of the concept. Martin referenced the wetland to the northeast of the site and asked for details. Finke replied that there is some wet property in the center eastern and northeastern portions of the property. Martin referenced the two lots that would be proposed for suburban residential and asked for details on the amount of contiguous suitable soils. Finke replied that he would need to look into it and noted that but for the wetlands on the site, most of the parcels contain suitable soils. Pederson asked why the suburban residential lots would not be connected to water and if there are other similar lots in the City. Finke stated that there is no water infrastructure in the area, estimating that the closest connection would be 1.5 miles away. He provided examples of other developments that are similar with only sanitary sewer connection and not water. Martin asked for additional details on the bail outs that were done, to connect lots to sanitary sewer. Scherer explained that the Lakeview properties are small lots and were right on the lake with septic systems and that is why the bail outs were done to connect those to the City sanitary sewer. Martin asked if there would be a disadvantage to disconnect the properties from the sanitary sewer. Finke replied that the infrastructure is already in place and the properties were already assessed 100 percent of the cost. Jim Ditter, 2052 Holy Name Drive, stated that he already paid for the sewer and the connections are already there for the two homes. He stated that he lives in the original Ditter homestead. He stated that they purchased the properties from their uncle’s years ago and have brought forward this concept plan as an idea. He hoped to work with the City to develop a plan that will work. Medina City Council Excerpt from June 19, 2018 Meeting Minutes 2 Finke stated that staff had not considered disconnecting the properties. He explained that the question at hand is that when the lots were connected it was not intended to shrink the size of the lots. He explained that the Council should weigh the land use principles of the Comprehensive Plan to determine if the request is in character. Mitchell asked if the easterly lot line is the border with Plymouth. Finke confirmed that is true. Mitchell stated that if Plymouth continues to build up to the border, the four lots may be back. Finke stated that the property to the east has already been developed. Mitchell acknowledged that the bailouts created some awkward situations and the Council must consider what to do now. Martin noted that the Comprehensive Plan identifies this area as rural residential and therefore she does not understand why a portion would be rezoned to suburban residential. Finke stated that the most obvious issue is that the two parcels are served by sanitary sewer and generally speaking, the other properties within the MUSA are guided and zoned by a district that is intended to be served. He stated that the other properties that were bailed out were all rezoned and therefore these properties are outliers. Martin stated that having two properties zoned suburban residential but surrounded by rural residential would seem out of character. She stated that these comments are not personal against the Ditter family, because they are great members of the community and explained that there must be a consistent basis for the decision. Mitchell stated that he understands that it does not track. He stated that his concern would be that this would create four rural residential lots surrounded by suburban residential lots and therefore that could bring future requests to subdivide the rural residential lots. Tom Ditter stated that he and his Brother, Jim, are making the request. He stated that the rural residential has to have five acres of suitable soils for septic. He noted that the two lots connected to City sewer no longer need the extra land for septic. He stated that the family has been in the community for years and has paid property taxes and asked the City to give the request consideration. Chris Clennon, 2425 Holy Name Drive, referenced the comment made by Mitchell with the concern that there would be a future request to subdivide the four rural residential lots. He referenced the draft Comprehensive Plan which designates the land as rural residential and requires at least five acres of land for lots. Martin explained that rural residential lots must have a minimum of five acres of suitable soils. Finke stated that the property to the north and west is guided for rural residential land uses under the draft Comprehensive Plan for the next 20 years. He stated that all the land in this area is included in the Metropolitan Council’s long-term sewered area for the potential consideration for extension of the sewer services. Medina City Council Excerpt from June 19, 2018 Meeting Minutes 3 Mitchell stated that a future request to subdivide the four rural residential lots could be denied because the land is guided for rural residential. He noted that the Council would simply need to be prepared to say no. Martin asked if the Council would also have to be prepared to say no tonight. Finke stated that properties that are zoned rural residential are not to be connected to City sewer and properties guided for low density residential are to be connected to City sewer. He stated that definitionally there is an obvious objective. He stated that if there are other bailouts in the future this could perhaps set a precedent. Martin asked if the planning ordinance allows a piece of property to be platted with two different zoning districts. Finke confirmed that there could be multiple zoning designations within the plat. He noted that the approvals would be lined up in a method that makes that possible. Martin suggested perhaps combining the two sewered lots into one lot. She recognized the history of the site that would be the entrance to rural residential. She stated that the two sewered lots would then be one lot 1.8 acres in size that is connected to sewer but not water. She stated that the lot would still need to be rezoned which would require a Comprehensive Plan amendment that would have to go before the Metropolitan Council. Finke stated that the draft Comprehensive Plan would be approved by the Met Council before this request would move forward. Pederson asked about the zoning for the other cases in which bailouts were done. Finke stated that the other properties along Lakeview, all the properties that were connected to the sanitary sewer were rezoned to suburban residential. He stated that these properties were not rezoned at that point, noting that there is no good record on why that was done. He stated that perhaps the justification was that the lots exceeded the minimum lot size and they did not want to allow future subdivision that would require additional sewer connections. He stated that it was never considered that the lots be shrunk to fit the requirements of the suburban residential zoning district. Mitchell referenced the adjacent property uses, stating that perhaps the four properties would be suitable as rural residential lots. Pederson noted that in the past there was opposition from existing homeowners for the cemetery use but, in this case, the new property owners would know about the cemetery before purchasing the property. He stated that this is a unique property because it is between the cemetery and the City of Plymouth. Finke stated that there may be an argument to this being a transition between rural residential and the City of Plymouth. He noted that currently there are four lots, two of which are served by City sewer. Martin asked for details on the existing lot lines. Finke highlighted the existing lot lines, which are shown in yellow. He stated that the discussion on this began years ago because of the misshapen lot. He stated that it is an odd shaped lot and regardless, a lot line rearrangement would still probably move forward. Medina City Council Excerpt from June 19, 2018 Meeting Minutes 4 Conrad Miller, 2475 Holy Name Drive, stated that with all this talking he believes that it would be a good idea to talk to Plymouth and negotiate with them to put Brockton all the way from Hamel Road to 24, which would make more sense. He stated that the City could then negotiate with the Ditters. He stated that would make more sense than this discussion. Martin noted that the road would then need to go through a lake. Mitchell stated that it may be awkward, but he does not object to the request. Martin stated that her objection stems from the existing and draft Comprehensive Plan. She was concerned with precedent that could be set. Pederson stated that staff should work with the Ditters further to determine if the lot lines could be rearranged further. He stated that there would be a benefit to having a private road. He referenced the sewer line, which may have been changed. Finke provided additional details and noted that if this were to move forward, the line for the Metropolitan Council’s long-term sewer service area that encompasses the two sewered lots would be shrunken to match the smaller lot sizes. Pederson stated that he would support the request as long as precedent is not set. Anderson stated that he was concerned about tempting fate with the Metropolitan Council, given the issues the City has had with the Met Council. He encouraged the Ditters continue to work with staff, noting that a lot line rearrangement would still be a good idea. Cousineau echoed the comments of Martin, stating that it would be a little difficult to make this work. She also agreed that perhaps a lot line rearrangement would be a better option. She was hesitant to ask the Metropolitan Council for anything additional at this time. Pederson asked the expectations on timing from the Ditters. Ditter replied that it would be at least one year from now but would like direction on whether to move forward. Mitchell stated that it would seem the best thing to do is to continue to work with staff to determine if there are better ways to reach the desired outcome as this proposal has question marks. Martin referenced Outlot A and asked why that is an outlot. Finke replied that it is part of the odd shaped lot and generally there is a tendency to not have a lot straddling a roadway. Martin stated that if that were combined with lots one and two, that would be perhaps closer to two acres in size if those were combined into one lot. She stated that there are issues because there is not a water connection. Mitchell encouraged the Ditters to continue to work with staff. Ditter asked why the water would be important. Martin stated that the definition of suburban residential includes water and sewer service. Independence Comp Plan Update Page 1 of 7 June 18, 2019 Review City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: June 13, 2019 MEETING: June 18, 2019 City Council SUBJ: City of Independence Comprehensive Plan Update Review Background Communities are provided up to six months to review and comment on Comprehensive Plan updates of other affected jurisdictions prior to submission to the Comprehensive Plan. Medina received Independence’s Comprehensive Plan Update on December 29, 2018. The plan is available for review at: https://www.ci.independence.mn.us/files/388/6/266/IND-2040-Draft- Comprehensive-Plan-12.2018-red.pdf The following report summarizes information from the Independence Plan which staff believes are of interest. Staff has prepared draft comments for Independence, which are attached for review. Following review, staff will update the comments as directed by Council. Land Use and Growth Independence forecasts to grow by approximately 30% by 2040, expanding by approximately 400 households and growing from a population around 3,750 to 4,290. Independence’s Future Land Use Map is attached for reference. Generally, the western 60% of the city is proposed to remain Agricultural (1 unit per 40 acres) and the eastern 40% of the city is proposed to remain Rural (1 unit per 5 acres) with the exception of the following: 1) Approximately 200 acres of Sewered Residential (2.7-4 units/acre) is proposed along the Medina border west of County Road 19 and south of Perkinsville Road 2) Approximately 200 acres of Sewered Residential is proposed just to the south and west of Maple Plain along County Road 83/Turner Road 3) Approximately 20 acres of Sewered Residential is proposed south of Maple Plain along County Road 19. Agenda Item # 7C Independence Comp Plan Update Page 2 of 7 June 18, 2019 Review City Council Meeting 4) Approximately 60 acres Commercial and 12 acres High-Density Residential (12-30 units/acre) adjacent to Delano along Highway 12/County Line Road in the far west of the city. The 200 acres of residential proposed at County Road 19/Perkinsville Road is proposed to connect to the sanitary sewer maintained by Medina along County Road 19. The area proposed for development is larger than proposed in Independence’s 2030 Comp Plan, but the density is proposed to be reduced from 3-8 units/acre to 2.7-4 units/acre. Independence’s plan notes that an amendment to the Tri-City sewer agreement would be necessary to accommodate this development, as well as an agreement with the City of Maple Plain for water service. Staff noted that the “Otten property” north of Perkinsville Road on Lake Independence which was discussed approximately a year ago was not included within the MUSA for development. Although Independence projects 400 new households over the next 20 years, staff noted that the acreage proposed for Residential and Urban Residential would have significantly higher capacity if developed. These planned uses could accommodate 750-1,240 new residential units. Staff was not able to discern the staging/growth management plan within the draft Plan, so staff has recommended a comment requesting information on the growth management strategy. Transportation Independence has advocated with MnDOT and Hennepin County for safety improvements along Highway 12 at County Road 90 and County Road 92. These improvements are identified in the 2040 Comp Plan and show concepts with roundabouts at each intersection (along with an overpass at County Road 92). Independence does not identify any other transportation improvements. Staff recommends a comment that requests that Independence work with Hennepin County on improvements at the curve at County Road 19 and Perkinsville Road to support proposed development in this area. Sewer/Water Most of Independence will continue to be served by individual sewage treatment systems. Currently, there are approximately 1,180 ISTS in the city, which is projected to increase to 1,511. The city operates one Community Sewage Treatment System (CSTS) and the plan states that additional CSTS may be an option in the future. Through the existing Tri-City Agreement, Independence has the ability to connect 289 homes to the sanitary sewer system along County Road 19. The plan references the Tri-City Agreement and notes that amendments would be necessary to accommodate the development at County Road 19/Perkinsville Road. The plan does not reference Loretto’s potential connection to the sanitary sewer system. Staff recommends a comment requesting that this reference be added to the plan and requesting that Independence work diligently on necessary agreements related to Loretto’s connection to the system. Staff recommends a comment requesting additional details on proposed investments in Inflow and Infiltration (I&I) which can affect the Tri-City Sanitary Sewer System. Independence Comp Plan Update Page 3 of 7 June 18, 2019 Review City Council Meeting All property within Independence is served with individual wells and the city does not operate a municipal water system, The Plan includes the following statement related to how water will be supplied for urban development: “In the future, the City may work with surrounding jurisdictions to secure municipal water for property developed as sewered residential.” Parks, Trails, and Open Space Independence currently operates three parks. No map was included in the plan to identify the location of these parks. The City plans significant expansions for their community park west of City Hall along County Road 90. Staff recommends a comment recommending consideration of a park for the development at County Road 19/Perkinsville Road, as this may provide an additional opportunity for future residents of the High Density Residential development planned in the southwest corner of Medina. Independence does not propose local trails. The Luce Line state trail travels through the south of the City. The Lake Sarah regional trail search corridor extends from Medina at County Road 19 through Independence and they identify this corridor as well as a regional corridor connecting Maple Plain to the Luce Line. Council Action Requested Staff has prepared the attached draft comments for Council’s review. Staff will incorporate any changes or additions requested by Council and then route to Independence staff. Attachment 1. Draft comments 2. Future Land Use map Independence Comp Plan Update Page 4 of 7 June 18, 2019 Review City Council Meeting Independence Comp Plan Update Page 5 of 7 June 18, 2019 Review City Council Meeting June 19, 2019 City of Independence Attn: Mark Kaltsas, City Administrator 1920 County Road 90 Independence, MN 55359 Dear Mark: The City of Medina has the following comments on the draft City of Independence 2040 Comprehensive Plan (the “Plan”) which was routed on December 31, 2018. Thank you for your time and effort in considering and addressing the comments as appropriate. • While Independence projects growth of approximate 400 additional households by 2040, it appears that the property guided “Residential” and “Urban Residential” in the Plan would provide capacity for substantially more potential development. Medina recommends that additional detail be provided related to how Independence intends to manage growth. • Improvements may be necessary at County Road 19 and Perkinsville Road to support development proposed in this area. Medina requests that Independence work with Hennepin County to provide necessary improvements prior to or in connection with development. • Additional park amenities may be advantageous for the proposed development west of County Road 19 along Perkinsville Road. • Excess Inflow and Infiltration (I & I) has been discharged to the Tri City sanitary sewer system. Medina recommends additional detail on planned expenditures to correct I &I. • Discussions are ongoing related to Loretto’s potential connection to the regional wastewater system via the Tri City sanitary sewer system. Medina requests that Independence continue to work diligently towards resolving necessary agreements related to this connection. Independence Comp Plan Update Page 6 of 7 June 18, 2019 Review City Council Meeting Sincerely, Dusty Finke, AICP Planning Director Independence Comp Plan Update Page 7 of 7 June 18, 2019 Review City Council Meeting Maple Plan Comp Plan Update Page 1 of 5 June 18, 2019 Review City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: June 13, 2019 MEETING: June 18, 2019 City Council SUBJ: City of Maple Plain Comprehensive Plan Update Review Background Communities are provided up to six months to review and comment on Comprehensive Plan updates of other affected jurisdictions prior to submission to the Comprehensive Plan. Medina received Maple Plain’s Comprehensive Plan Update on December 31, 2018. The plan is available for review at: https://www.dropbox.com/sh/vpqxbuiogx0mjhk/AACKswAmgEyDR- s0w3btwaOXa?dl=0 The following report summarizes information from the Maple Plain Plan which staff believes are of interest. Staff has prepared draft comments for Independence, which are attached for review. Following review, staff will update the comments as directed by Council. Land Use and Growth Maple Plain has a relatively small land area (approximatly 600 buildable acres) and there is little vacant property within the city. Maple Plain has identified approximatly 100 acres for mixed- use redevelopment, including: 1) The “Gateway” area, which includes the area adjacent to Medina, between Highway 12 and Main Street 2) The “Budd Street” area, which includes the area north of Highway 12 and west of Budd Street 3) The “Downtown” area, which includes the area south of Highway 12 to Main Street and also the area along County Road 19 to the southern city boundary. Maple Plain’s proposed land use plan is attached for reference. The proposed redevelopment areas are planned for mixed-use development, including retail, services, retail, and residential. The Gateway and Budd Street areas are guided for residential densities from 5-20 units/acre and the Downtown area for 3-15 units/acre. Much of the redevelopment property consists of existing single-family homes or commercial buildings. As a result, larger redevelopments will likely need to assemble multiple properties before they can proceed. Maple Plain projects to grow by approximately 250 households by the year 2040 from an existing population around 1800 to 2320. Agenda Item # 7D Maple Plan Comp Plan Update Page 2 of 5 June 18, 2019 Review City Council Meeting Transportation Maple Plain identifies safety along Highway 12 through the city as primary importance. This includes a high priority on pedestrians and vehicle turning movements. Staff recommends a comment which urges Maple Plain to collaborate with Hennepin County and Medina on improvements to County Road 29, especially related to coordinating access locations. Medina has planned a frontage road north of 1400 Baker Park Road to serve property on the east of County Road 29 and it is important that access to Maple Plain property not interfere with this planned location. Water/Sewer Maple Plain provides water for property in the southwest corner of Medina. Staff was not able to discern this service within the language of the water supply plan. Staff recommends a comment requesting clarification. Currently, Maple Plain charges Medina residents a higher rate per gallon of water and also charges a higher connection rate for Medina property. Staff recommends a comment requesting that Maple Plain review these fees. Medina and Maple Plain both discharges sanitary sewer to Met Council lift station L63, but staff did not have any comments on the wastewater plan. Parks, Trails, and Open Space Maple Plain is currently served by three parks. No new parks are planned, although open spaces and plazas are anticipated in the Gateway and Downtown redevelopment areas. Maple Plain plans a fairly expansive sidewalk and trail to allow pedestrian circulation throughout the redevelopment areas, and also from the redevelopment areas to the existing parks. Maple Plain has identified the search corridor for a regional trail from Baker Park in Medina east of County Road 19, through Maple Plain and south on County Road 19. Council Action Requested Staff has prepared the attached draft comments for Council’s review. Staff will incorporate any changes or additions requested by Council and then route to Maple Plain staff. Attachment 1. Draft comments 2. Future Land Use map Maple Plan Comp Plan Update Page 3 of 5 June 18, 2019 Review City Council Meeting June 19, 2019 City of Maple Plain Attn: Mark Kaltsas, City Planner 5050 Independence Street Maple Plain, MN 55359 Dear Mark: The City of Medina has the following comments on the draft City of Maple Plain 2040 Comprehensive Plan (the “Plan”) which was routed on December 31, 2018. Thank you for your time and effort in considering and addressing the comments as appropriate. • Please consider a goal in the transportation plan to coordinate with Hennepin County and the City of Medina on improvements and access locations to County Road 29. • Medina was unable to locate reference within the Water Supply Plan to Maple Plain’s provision of water to properties in Medina. Please provide information on the location of this information. • Within the financial analysis of the Water Supply capital plan, please consider adjusting connection fees and user rates for Medina property owners to not be substantially higher than those for Maple Plain property owners. Sincerely, Dusty Finke, AICP Planning Director Maple Plan Comp Plan Update Page 4 of 5 June 18, 2019 Review City Council Meeting Maple Plan Comp Plan Update Page 5 of 5 June 18, 2019 Review City Council Meeting Planning Department Update Page 1 of 2 June 18, 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: June 13, 2019 SUBJ: Planning Department Updates – June 18, 2019 City Council Meeting Land Use Application Review A) 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. The Council held a public hearing at the June 4 City Council meeting and directed staff to prepare resolutions of approval, which will be presented on June 18. B) 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. A public hearing was held at the June 4 City Council meeting and the Council directed staff to prepare resolutions of approval, which will be presented on June 18. C) 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. A hearing on the updated concept plan was held at the June 11 Planning Commission meeting. Staff intends to present to the Council on June 18. D) Ditter Concept Plan – Jim Ditter, Tom Ditter, and Ditter Properties have requested review of a concept plan related to the potential subdivision of four existing parcels totaling approximately 25 acres into five lots. The Planning Commission and Council has previously provided comments on a six-lot concept. A hearing on the updated concept plan was held at the June 11 Planning Commission meeting. Staff intends to present to the Council on June 18. E) Munsell Wetland Buffer Vacation – 3157 Wild Flower Trail – Daniel Munsell has requested that the City vacate a portion of the wetland buffer easement in the back of their property in The Enclave. The applicant argues that the developer could have “averaged” the width of the buffer into adjacent open space owned by the City and proposes to narrow it upon their property. Staff is conducting a preliminary review and a hearing may be held at the July 2 City Council meeting. F) R2 Collector Road Setback Amendment – Matt and Nikki Cole have requested that the City amend the required setback from a collector roadway within the R2 zoning district from 35 feet to 30 feet. Staff is conducting a preliminary review and will schedule a public hearing when complete, potentially at the July 9 meeting. G) 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 Planning Department Update Page 2 of 2 June 18, 2019 City Council Meeting 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 August 13 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) 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 City Council granted preliminary approval at the May 21 meeting. The applicant has now requested final plat application, which will be presented to the Council when complete. K) 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 adopted a resolution of approval at the May 21 meeting. L) School Lake 2nd Final Plat, School Lake 2nd Easement Vacation, Johnson ADU CUP, Maxxon, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. M) Woods of Medina, Hamel Haven subdivisions – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plats are recorded. Other Projects A) Uptown Hamel – Staff met with the Uptown Hamel Business Group and discussed the student project and continued the outreach on what the City can do to support activities in Uptown Hamel. Staff has also drafted an ordinance to update the density requirements for residential development in Uptown Hamel consistent with the updated Comp Plan. The ordinance also deletes the two “subdistricts” in Uptown Hamel and replaces with a single district. Public hearings were held on the ordinance amendment and rezoning at the June 11 Planning Commission meeting and the Commission recommended approval. The ordinances are tentatively scheduled to be presented to the City Council on July 2. B) Independence and Maple Plain Comp Plans – staff prepared comments on cities of Independence and Maple Plain draft Comprehensive Plans. The comments will be presented to the Council on June 18. C) Zoning Enforcement – two correction notices are pending for zoning violations. Staff intends to present one to the Council at the July 2 meeting for potential legal action. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: June 13, 2019 RE: Police Department Updates Cars and Coffee On June 8th the Auto-Moto-Plex held there June Cars and Coffee event. Our department staffed up for the event. The attendance was larger than ever before. By 9 am there were several 100 cars and spectators on site. We put our traffic plan in place where all traffic leaving the event was required to leave to the north. We had two traffic cars working the area. We had no complaints from the event or as the spectators left the event. We will continue to work with the organizers of these events to ensure they continue to be peaceful. Squads and Equipment Last week we took delivery of the second squad that had been ordered in January. It should be on the streets shortly. We will have two other squads that are on backorder, with arrival sometime in the fall. The new squad computers that were ordered in February are still backordered. The current computers are 2012s and 2013s. We continue to have problems with them, we have two loaners from Hennepin County until ours are delivered. Burglary Ring We continue to work with other metro departments on the burglary ring working the suburbs. There have been several search warrants executed and several arrests. We have recovered property from the suspects and from stolen cars that have been returned to the homeowners of our burglaries. Patrol Update: For the dates of May 29 to June 12, 2019, our officers issued 53 citations and 131 warnings for various traffic infractions. There was a total of 9 traffic accidents, 14 medicals, 11 alarms and 1 DWI. Training – On June 4th, I attended Emergency Preparedness Training at Hennepin County Public Works Facility. This was a tabletop exercise with metro area police, fire and EMS personal. MEMORANDUM On 05-29-19 Officer Hall took at theft from auto report at Polaris. Employee found that their vehicle had been rummaged through and a pair of sunglasses were missing. Case forwarded to investigations. On 05-31-19, Officer Hall, Investigator McKinley and I responded to numerous burglaries in the Loretto area. It was found that several vehicles, garages and houses had been entered. This is part of a large crew who have been committing burglaries all over the seven-county metro. Suspects have been identified and the case is ongoing. On 06-01-19, I was contacted by Chief Belland to respond to a train vs pedestrian fatality that occurred on our border with Plymouth. Upon my arrival, I contacted the victim’s mother who was in the area looking for her 14-year-old son. It was learned that the case occurred just in the city of Plymouth so Officer Hall, Investigator McKinley and I assisted Plymouth officers with the investigation. On 06-01-19, while clearing the train vs pedestrian fatality, Plymouth Police had located a vehicle that was traveling west on HWY 55 and that the occupant had felony warrants for his arrest. Officers Hall, Gregory and I assisted with a felony stop and took the suspect into custody without incident. On 06-02-19, Officer Gregory and Scharf responded to a traffic complaint where the driver of a Jeep was harassing a female in the Independence Beach neighborhood. The driver was located driving a golf cart and found to be intoxicated. The driver was subsequently arrested for DWI and his golf cart and Jeep were seized because of multiple DWI violations. On 06-04-19, Officer Boecker located a vehicle and a subject who had earlier in the evening fled from the Plymouth Police Department. The subject was considered suicidal and when Officer Boecker tried to stop it, the vehicle intentionally drove his truck into a guardrail twice before turning the other way across traffic and went into the ditch and rolled the vehicle. The driver admitted to Officer Boecker that he was trying to kill himself. The driver was transported to a local hospital. On 06-09-19, Officer McGill responded to Peg’s Countryside Catering for one down for an unknown problem. Upon arrival, Officer McGill located a female down that was unconscious but breathing. A short time later Hamel Fire and Rescue arrived and while working on the female their carbon dioxide detector went off indicating carbon dioxide issues inside the building. All personnel immediately left the building and suited up with their SCBA gear and then removed the female from the building. It was learned that the female had been overcome by carbon dioxide poisoning and she and the original reporting party were both transported to a local hospital where there were placed in a hyperbaric chamber for recovery. Officer McGill also went to West Health to be checked out and was ok to return to duty. Had it not been for the carbon dioxide detectors attached to the medical kit of Hamel Fire we could have had several people including police and fire personnel critically injured. On 06-10-19, Officer Converse responded to a shooting in the City of Corcoran. Upon arrival, it was determined that an adult male had tried to commit suicide by shooting himself in the head with a shotgun. The male was found to be alive but having trouble breathing. Lifesaving measures were taken by Officer Converse and the male was airlifted to a hospital where is still alive today. Investigation Update Responded to multiple theft from automobiles and burglaries in the city of Loretto. The cities of Maple Plain and Orono were also hit the same evening. It was determined that the same suspects are involved in Loretto, Orono and Maple Plain. The suspects are involved in multiple thefts in the metro area. Suspects used credit cards at businesses in the metro area. I am waiting on video surveillance from those businesses. Investigation is ongoing. Assisted Plymouth PD with a train vs pedestrian incident on 06/01. The incident occurred on the border of Medina and Plymouth. I worked with the Plymouth Investigators in locating evidence and interviewing family members. I was out of the office from 05/31 until 6/10. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: June 13, 2019 MEETING: June 18, 2019 SUBJECT: Public Works Update STREETS • WSB and Public Works have been working together to get our as-builts in order and electronically available to all city staff. As we move forward, we plan to have all as-builts available electronically in our service truck through a laptop and hope to make this feasible by the end of the year. • Public Works has been patching potholes throughout the city. We still have curbs to be repaired and some watermain patches to complete. • Public Works has begun its early summer right-of-way mowing; this improves visibility and keeps the brush back. 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. • Public Works has been repairing several stormwater structures and pipes throughout the city. • The drainage complaints have drastically reduced with the drier weather we have had in the past few weeks. • The annual MS4 report has been completed and was turned into the MPCA last week. • Dusty and Steve are working with the other cities on the quad city sewer agreement. PARKS/TRAILS • Public Works has been placing mulch in all the parks and all the city building entrance signs have been stained. • The parks have been fertilized and sprayed for weeds. • We received two quotes for Hunter Lions Park to resurface the tennis and basketball courts. We have prepared a memo for approval in the packet. MISCELLANEOUS • Austin Roerick started in Public Works on Monday June 10th. ORDER CHECKS JUNE 5, 2019 – JUNE 18, 2019 048874 AHLUWALIA, ANUP OR ROHINI ............................................... $600.00 048875 BARNETT, CINDY ..................................................................... $250.00 048876 BREDESON, TIFFANY .............................................................. $250.00 048877 BROLIN, CRAIG & ERICA ......................................................... $550.00 048878 BUCK, MEGAN .......................................................................... $250.00 048879 CEDAR HOLLOW HOA ............................................................. $250.00 048880 CENTRAL LAND TITLE GUARANTEE ........................................ $84.54 048881 COMMERCIAL ASPHALT CO. ............................................... $1,516.32 048882 EDGEWATER TITLE GROUP LLC .............................................. $94.23 048883 GOUX, JASON OR JILL ............................................................ $250.00 048884 GRUELL, NINA .......................................................................... $200.00 048885 HEDTKE, DARLENE.................................................................... $99.75 048886 JACOBSON, STEPHANIE/JOHN ............................................... $550.00 048887 KOPP, DEBBIE .......................................................................... $250.00 048888 MANIYAN, SONA ...................................................................... $250.00 048889 MARCO (LEASE) ....................................................................... $283.34 048890 MN DVS ....................................................................................... $30.00 048891 PENSHORN, JOHN OR TERRI ................................................. $250.00 048892 WEIGMAN, DAVID/LISA .............................................................. $55.93 048893 WISNEWSKI, PAUL OR LORI ................................................... $500.00 048894 BANSAL, KRISHNA/YOGENDRA .............................................. $250.00 048895 BURNET TITLE ........................................................................... $86.61 048896 HALVERSON, KARA ................................................................. $250.00 048897 KENNEDY, STEPHANIE/SCOTT ............................................... $250.00 048898 KOEHLER, ELIZABETH ............................................................ $250.00 048899 RAUDA MAHFOUZ .................................................................... $250.00 048900 MIRVISS, JILL ........................................................................... $250.00 048901 SINGH, MADHWI ....................................................................... $250.00 048902 COLLEEN SIVETS .................................................................... $250.00 048903 WALCZAK, NANCY ................................................................... $250.00 048904 ACME TOOLS ............................................................................. $34.99 048905 ALLINA HEALTH SYSTEM .......................................................... $70.00 048906 APPLIED CONCEPTS INC ........................................................ $365.00 048907 BEAUDRY OIL & PROPANE .................................................. $1,416.43 048908 BLUE CROSS BLUE SHIELD OF MN ................................... $33,431.30 048909 BOYER FORD TRUCKS INC ....................................................... $16.91 048910 BROCK WHITE............................................................................ $82.22 048911 BURDAS TOWING .................................................................... $364.00 048912 BURSCHVILLE CONSTRUCTION INC ................................... $5,638.00 048913 CENTERPOINT ENERGY ......................................................... $476.05 048914 CONTEMPORARY IMAGES ................................................... $2,200.06 048915 CORE & MAIN LP ...................................................................... $736.17 048916 DINIUS FENCE LLC ............................................................. $11,610.00 048917 DODGE OF BURNSVILLE .................................................... $23,587.00 048918 ECM PUBLISHERS INC ............................................................ $245.37 048919 FERGUSON ENTERPRISES INC ................................................ $52.20 048920 GOODIN COMPANY ................................................................. $155.89 048921 GOPHER STATE ONE CALL .................................................... $604.80 048922 GROVE NURSERY CENTER INC ............................................... $87.00 048923 HACH COMPANY ...................................................................... $533.02 048924 HAKANSON ANDERSON ASSOCIATES I ................................ $558.00 048925 HAMEL LUMBER INC .................................................................. $94.98 048926 HAMEL LIONS CLUB ................................................................ $605.00 048927 HENN COUNTY INFO TECH .................................................. $2,164.58 048928 HENN COUNTY PUBLIC WORKS ............................................. $255.00 048929 HENN CTY RECORDER/REGISTRAR ........................................ $75.00 048930 HIRSHFIELDS ............................................................................. $79.96 048931 JIMMY'S JOHNNYS INC ............................................................ $825.00 048932 KD & COMPANY RECYCLING INC ........................................... $894.54 048933 LEAGUE OF MINNESOTA CITIES ............................................ $640.00 048934 LEXISNEXIS RISK DATA MGMT INC .......................................... $37.00 048935 CITY OF LONG LAKE ........................................................... $11,582.50 048936 LUTHER BROOKDALE CHRYSLER ......................................... $194.63 048937 CITY OF MAPLE PLAIN ......................................................... $1,025.91 048938 MCMA-MN CTY/CO MGMT ASSOC .......................................... $135.76 048939 MEDTOX LABS ......................................................................... $100.66 048940 METROPOLITAN COUNCIL ................................................. $32,076.54 048941 MN SAFETY COUNCIL INC ...................................................... $600.00 048942 MORRIS ELECTRONICS INC. ............................................... $2,139.02 048943 MOTLEY AUTO SERVICE LLC ................................................. $759.00 048944 NAPA OF CORCORAN INC ...................................................... $164.03 048945 NITRO GREEN LAWN & TREE CARE ................................. $10,557.00 048946 OFFICE DEPOT ........................................................................ $149.41 048947 CITY OF ORONO ................................................................... $1,356.08 048948 PITNEY BOWES........................................................................ $380.94 048949 STEVEN RUCHTI ...................................................................... $595.00 048950 JAMIE R WIOME .................................................................... $6,804.00 048951 STREICHER'S ........................................................................ $3,729.96 048952 TACTICAL ADVANTAGE ........................................................... $520.00 048953 TALLEN & BAERTSCHI .......................................................... $1,980.42 048954 TEGRETE CORP ....................................................................... $304.52 048955 TIMESAVER OFFSITE .............................................................. $325.00 048956 WESTSIDE WHOLESALE TIRE ................................................ $223.88 048957 ZIEGLER INC ......................................................................... $9,330.30 Total Checks $181,870.75 ELECTRONIC PAYMENTS JUNE 5, 2019 – JUNE 18, 2019 005110E AFLAC ....................................................................................... $375.36 005111E FARMERS STATE BANK OF HAMEL ....................................... $150.00 005112E PR PERA .............................................................................. $16,257.76 005113E PR FED/FICA ....................................................................... $17,217.60 005114E PR MN Deferred Comp ........................................................... $1,940.00 005115E PR STATE OF MINNESOTA .................................................. $3,964.15 005116E CITY OF MEDINA ........................................................................ $21.00 005117E FURTHER .............................................................................. $1,402.52 005118E AFLAC ....................................................................................... $375.36 005119E CENTURYLINK.......................................................................... $233.26 005120E CIPHER LABORATORIES INC. .............................................. $5,892.60 005121E CULLIGAN-METRO ................................................................... $103.25 005122E FURTHER .............................................................................. $1,654.41 005123E MEDIACOM OF MN LLC ........................................................... $445.89 005124E PAYMENT SERVICE NETWORK INC ....................................... $896.30 005125E PITNEY BOWES POSTAGE BY PHONE ............................... $1,000.00 005126E VERIZON WIRELESS ............................................................. $1,268.18 005127E XCEL ENERGY ...................................................................... $6,130.16 005128E FRONTIER .................................................................................. $56.75 005129E VALVOLINE FLEET SERVICES ................................................ $191.43 Total Electronic Checks $59,575.98 PAYROLL DIRECT DEPOSIT JUNE 12, 2019 0509490 DINGMANN, TYLER .................................................................. $939.63 0509491 JOHNSON, PATRICK M. ........................................................... $474.45 0509492 ALBERS, TODD M. .................................................................... $230.87 0509493 ALTENDORF, JENNIFER L. ................................................... $1,430.55 0509494 ANDERSON, JOHN G. .............................................................. $230.87 0509495 BARNHART, ERIN A. ............................................................. $2,456.42 0509496 BELLAND, EDGAR J. ............................................................. $2,790.57 0509497 BOECKER, KEVIN D. ............................................................. $2,599.56 0509498 CONVERSE, KEITH A. ........................................................... $2,077.51 0509499 DESLAURIES, DEAN ................................................................ $230.87 0509500 DINGMANN, IVAN W. ............................................................. $1,985.76 0509501 ENDE, JOSEPH...................................................................... $1,836.54 0509502 FINKE, DUSTIN D. ................................................................. $2,637.75 0509503 GALLUP, JODI M. ................................................................... $1,799.74 0509504 GLEASON, JOHN M. .............................................................. $1,870.77 0509505 GREGORY, THOMAS ............................................................ $2,332.65 0509506 HALL, DAVID M. ..................................................................... $2,173.81 0509507 JACOBSON, NICOLE ................................................................ $902.65 0509508 JESSEN, JEREMIAH S. .......................................................... $2,318.21 0509509 JOHNSON, SCOTT T. ............................................................ $2,206.31 0509510 JONES, KATRINA M............................................................... $1,403.85 0509511 KLAERS, ANNE M. ................................................................. $1,379.62 0509512 LEUER, GREGORY J. ............................................................ $2,028.52 0509513 MARTIN, KATHLEEN M ............................................................ $327.07 0509514 MCGILL, CHRISTOPHER R. .................................................. $1,524.51 0509515 MCKINLEY, JOSHUA D .......................................................... $2,131.22 0509516 NELSON, JASON ................................................................... $2,880.36 0509517 PEDERSON, JEFF .................................................................... $227.97 0509518 PETERSON, DEBRA A. .......................................................... $2,020.16 0509519 REINKING, DEREK M ............................................................ $1,712.89 0509520 ROBBINS, MELISSA ................................................................. $785.74 0509521 SCHARF, ANDREW ............................................................... $1,759.56 0509522 SCHERER, STEVEN T. .......................................................... $2,292.82 0509523 SCHNEIDER, BENJAMIN .......................................................... $413.83 Total Payroll Direct Deposit $54,413.61