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Home My Public Portal About07.02.19 City Council Complete Packet Posted 6/28/2019 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, July 2, 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 18, 2019 Council Work Session B. Minutes of the June 18, 2019 Regular Council Meeting V. CONSENT AGENDA A. Approve 2020 Contract for Assessing Services with Southwest Assessing B. Approve 2019 Trail Master Plan C. Appoint Terry Sharp as Alternate to the Elm Creek Watershed Commission D. Approve Second Amendment to T-Mobile Site Agreement E. Approve Agreement for Engineering Services with WSB for Chippewa Road VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENATIONS A. Resolution Recognizing Ivan Dingmann’s Years of Service to the City of Medina B. Senator Osmek – Legislative Update C. Municipal Park Fund Report VIII. NEW BUSINESS A. Munsell Wetland Buffer Vacation – Public Hearing B. Uptown Hamel Ordinance Amendment and Rezoning 1. Ordinance Amending the Requirements of the Uptown Hamel Zoning District; Amending Chapter 8 of the City Code a) Resolution Authorizing Publication of Ordinance by Title and Summary 2. Ordinance Amending the Official Zoning Map to Rezone Various Properties to the Uptown Hamel (UH) Zoning District a) Resolution Authorizing Publication of Ordinance by Title and Summary C. Presbyterian Homes Conduit Bond Request IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. CLOSED SESSION: Closed Session pursuant to Minn. Stat., section 13D.05, subd. 3 (b) to discuss threatened litigation involving zoning violations at the property at 2402 Highway 55 XIII. ADJOURN Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: June 27, 2019 DATE OF MEETING: July 2 , 2019 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve 2020 Contract for Assessing Services with Southwest Assessing – Staff recommends approval of the contract renewal with Rolf Erickson (Southwest Assessing) for 2020 assessing services. See attached memo and agreement. B. Approve 2019 Trail Master Plan – The Park Commission has updated the attached 2019 Trail Master Plan to align with the trails in the 2020 Comprehensive Plan. The plan examines the specific needs for each trail including surface and type. Staff recommends approval. See attached memo. C. Appoint Terry Sharp as Alternate to the Elm Creek Watershed Commission – The City currently does not have an alternate to the Elm Creek Watershed Commission. Park Commissioner Terry Sharp is interested in serving this role. Staff recommends approval. No attachments for this item. D. Approve Second Amendment to T-Mobile Site Agreement –Staff worked with Bob Vose from Kennedy & Graven to update the lease agreement with T-Mobile. The agreement had a few paragraphs that needed to be clarified. An explanation of the changes is included in the attached memo. Staff recommends approval. See attached memo. E. Approve Agreement for Engineering Services with WSB for Chippewa Road – WSB has updated the agreement per the direction given by the City Council at the June 18, 2019 Work Session. The primary items that we reduced or eliminated by WSB included: utilizing what information they can from the OSI traffic study that was completed recently, WSB tightened up some of the project management time, eliminated one council work session, and eliminated the roundabout justification analyses for the intersections. Staff recommends approval. See attached agreement. 2 VII. PRESENTATION A. Resolution Recognizing Ivan Dingmann’s Years of Service to the City of Medina – Public Works Foreman Ivan Dingmann has announced his retirement from his position at the City of Medina with an effective date of July 8, 2019. Staff recommends approval of the resolution and thanks Mr. Dingmann for his years of dedicated service to the City of Medina. See attached resolution. B. Senator Osmek – Legislative Update – Senator Osmek will be attending the meeting to provide an update on the 2019 Legislative Session and to answer questions. No attachments for this item. C. Municipal Park Fund Report – Park Commissioner Liz Weir will be at the July 2nd City Council meeting to provide an update on the Park Commission’s municipal park fund resident engagement events and support of the fund. No attachments for this item. VIII. NEW BUSINESS A. Munsell Wetland Buffer Vacation – Public Hearing – Daniel Munsell has requested that the City vacate the upland buffer easement located on his property at 3157 Wild Flower Trail and replace it with a smaller buffer easement. The original 35-foot wide buffer easement was around a small wetland located in adjacent open space owned by the City but extends into the property. Back in 2015, the owner requested, and the City approved, a vacation of the upland buffer easement under the condition that it be replaced with an easement slightly smaller. The applicant is now seeking a further reduction to provide a larger lawn between the rear of the home and the buffer. See attached report. Possible Motion: Move to adopt the resolution vacating upland buffer easement on 3157 Wild Flower Trail. B. 1. Uptown Hamel Ordinance Amendment – The City’s 2020-2040 Comprehensive Plan made certain changes to the Uptown Hamel land use. Staff has identified a series of changes which are necessary for the Uptown Hamel zoning district to make the regulations consistent with the Comprehensive Plan. The attached ordinance proposes limited changes to the Uptown Hamel zoning regulations. The primary change would update the allowed density of residential development to 4-15 units per acre. Staff has recommended a small amount of other technical changes. 3 See attached report, ordinance, and resolution. Recommended Motion # 1: Move to adopt the ordinance amending the requirements of the Uptown Hamel Zoning District. Recommended Motion # 2: Move to adopt the resolution authorizing publication by title and summary B. 2. Uptown Hamel Rezoning – Having two separate districts is no longer necessary and staff recommends that the property all be zoned into a single district, called “Uptown Hamel.” See attached report, ordinance, and resolution. Recommended Motion #1: Move to adopt the ordinance amending the official zoning map to rezone various properties to the Uptown Hamel Zoning District. Recommended Motion #2: Move to adopt the resolution authorizing publication by title and summary C. Presbyterian Homes Conduit Bond Request – Medina is currently eligible to issue conduit bonds because there has been no debt issuance in 2019. Mark Meyer of Presbyterian Homes reached out and indicated that he had two city issuers in place, each at 50 basis points bonding fee. Mr. Meyer would like to be consistent with bonding fees and inquired if the City of Medina would be willing to accept 50 basis points. He was appreciative of the City’s willingness to consider issuing bonds on their behalf and would like to be able to move forward with the City as an issuer. See attached memo. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005130E-005141E for $53,592.49 and order check numbers 048958-049025 for $223,946.72 and payroll EFT 0509524-0509553 for $54,379.83 XII. CLOSED SESSION: Attorney-Client Privileged Discussion - Closed Session pursuant to Minn. Stat., section 13D.05, subd. 3 (b) to discuss threatened litigation involving zoning violations at the property at 2402 Highway 55 INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Special Meeting Minutes 1 June 18, 2019 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF JUNE 18, 2019 The City Council of Medina, Minnesota met in work session on June 18, 2019 at 5:30 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Martin, Anderson, Albers (5:45 p.m.), DesLauriers, Pederson Members absent: Also present: City Administrator Scott Johnson, City Engineer Jim Stremel, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Ed Belland, Police Sergeant Jason Nelson and Planning Director Dusty Finke II. WSB Chippewa Road and Arrowhead Drive Corridors Proposal to Provide Engineering Services for Project Development/Visioning Discussion City Engineer Jim Stremel provided the City Council with a proposal for a plan that can be provided to property owners and developers to guide the transportation, right-of-way, public utilities, and other parameters for a future project. Council directed staff to work with Mr. Stremel to reduce the overall cost of the proposal and bring it back to the July 2nd Consent Agenda. III. 2020 Budget – General Fund Finance Director Erin Barnhart provided the City Council with the proposed budget for 2020. Staff provided a proposed budget that includes a 3.9% overall General Fund increase. Staff also proposed a total levy increase of 8.7%. The total levy increase included full funding of a municipal park replacement fund levy and a capital equipment fund levy. Barnhart discussed increases to annual contracts, building operation increases, a proposed cost of living increase of 2.5%, moving the Assistant City Administrator to pay grade 7 under the compensation plan, a decrease in revenue (court fines), and the proposed addition of a full-time police officer. A very preliminary estimation shows the tax rate would increase from 21.503% (2019) to 22.452% (2020) which is a 4.4% proposed increase. Council directed staff to move forward with the changes as discussed to the draft Capital Improvement Plan, bring draft talking points forward for the proposed budget, to bring forward an updated proposal for the municipal park replacement fund levy, and to bring back further information on the cost of bonding for equipment v. a cash payment to further discuss the capital equipment fund levy. Medina City Council Special Meeting Minutes 2 June 18, 2019 Adjournment Martin closed the meeting at 7:02 p.m. _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 June 18, 2019 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 18, 2019 3 4 The City Council of Medina, Minnesota met in regular session on June 18, 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 (7:01 p.m.) 23 24 A. Approval of the June 4, 2019 Regular City Council Meeting Minutes 25 Moved by Anderson, seconded by Pederson, to approve the June 4, 2019 regular City 26 Council meeting minutes as presented. Motion passed unanimously. 27 28 V. CONSENT AGENDA (7:01 p.m.) 29 30 A. Approve Court Resurfacing Agreement with Finley Bros. Inc. 31 B. Resolution No. 2019-37 Approving Off-Site Gambling Permit for the 32 Wayzata Youth Hockey District #284 to Conduct Lawful Charitable 33 Gambling at 3200 Mill Drive 34 C. Resolution No. 2019-38 Granting Lot Line Rearrangement Approval 35 between 1495 Medina Road and 1585 Media Road 36 D. Resolution No. 2019-39 Vacating Drainage and Utility Easements within 37 1495 Medina Road 38 E. Resolution No. 2019-40 Granting Wetland Setback Variance to Peter and 39 Laurie Maiser for an Individual Sewage Treatment System at 485 Medina 40 Road 41 Moved by Pederson, seconded by Albers, to approve the consent agenda. Motion 42 passed unanimously. 43 44 VI. COMMENTS (7:03 p.m.) 45 46 A. Comments from Citizens on Items not on the Agenda 47 There were none. 48 49 Medina City Council Meeting Minutes 2 June 18, 2019 B. Park Commission 1 Scherer reported that the Park Commission will meet the following night to have a 2 discussion with the Minnesota Cricket Association to determine if a cricket field could fit 3 within an existing park. He noted that the Commission will also discuss the Capital 4 Improvement Plan and Municipal Park funding, including ideas to engage residents. 5 6 C. Planning Commission 7 Planning Commissioner Amic reported that the Planning Commission met the previous 8 week to consider the Concept Plan for Charlie’s, which was well received. He noted that 9 traffic continued to garner the most discussion. He stated that the Commission also 10 considered the Ditter Concept Plan, which had no major concerns. He noted that the 11 Commission also recommended approval on the changes to the Uptown Hamel zoning 12 districts and rezonings. 13 14 VII. NEW BUSINESS 15 16 A. Charlie’s – 172 Hamel Road – Concept Plan Review (7:06 p.m.) 17 Finke stated that this is a review of the Concept Plan, noting that the applicant is no 18 longer considering a PUD and is instead planning to meet the requirements of the 19 Uptown Hamel zoning district. He noted that this would be a small restaurant. He noted 20 that the Council recently reviewed this plan and he would concentrate on the changes 21 that have been made. He advised that the location was shifted closer to the street with 22 parking to be provided behind the existing office building and restaurant. He noted that 23 the library would be shifted slightly. He noted that the request would meet the 24 dimensional standards. He reviewed the changes to the architectural design, noting that 25 the shipping containers would still be used but would be clad in the materials allowed in 26 the Uptown Hamel district. He stated that if the applicant proceeds forward with an 27 application that meets the standards, the Council would have less discretion. He noted 28 that the Uptown Hamel district requires a concept plan, with the idea to allow additional 29 public comment. He referenced the outdoor and rooftop dining, noting that the Uptown 30 Hamel district currently specifies that in order to have outdoor seating a restaurant must 31 have at least 20 inside seats and then the outdoor seating would be limited to half the 32 amount of inside seating. He noted that while this concept would not include 20 inside 33 seats, they would still desire outdoor seating. He stated that he encouraged the 34 Planning Commission, and encourages the Council, to provide feedback on that issue 35 noting that if desired there would need to be a change to the Uptown Hamel zoning 36 district. He reported that the Planning Commission recommended a change to the 37 zoning district to allow additional flexibility. He reviewed the proposed parking within the 38 plan and noted that the applicant is working with the adjacent church in an attempt to 39 have shared parking which would benefit both parties. He stated that there was 40 discussion by the Planning Commission regarding traffic circulation and noted that the 41 City Engineer recommended that a formal application include a traffic study that this use 42 would not intensify the existing use or include potential improvements. 43 44 Pederson stated that he attended the Planning Commission meeting the previous week, 45 noting that there was discussion regarding potential through access with the church and 46 asked for details. 47 48 Finke stated that the concept plan shows a connection between the parking lots. 49 50 Medina City Council Meeting Minutes 3 June 18, 2019 Pederson noted that if this moves forward, he would want to see a legal agreement 1 between the parties. 2 3 Finke confirmed that was included in the staff recommendations. 4 5 Martin asked if the shared parking/access should be a condition, or whether the Council 6 would support alternate parking if that agreement cannot be reached. She stated that 7 she would love to see the shared parking agreement with the church, with perhaps a 8 right-in to the restaurant and full curb access for the church. She stated that while she 9 would like to see the agreement, she would not feel an application would be dependent 10 upon that. 11 12 DesLauriers stated that he would not favor the shared parking/access agreement as 13 much for parking as he would for circulation of traffic on the site. He stated that the 14 traffic circulation would be improved in that format but believed that there would be 15 sufficient parking available. 16 17 Pederson noted that the applicant should be aware that if the use is intensified for the 18 restaurant use, the parking would be constrained for the existing office use. 19 20 Albers stated that he would agree that having a one direction flow for traffic would be 21 helpful if the shared access agreement could be gained. 22 23 Martin asked if the Council would support relaxing the limitations on outdoor seating. 24 She noted that she does not see a rational basis on the current limitation and would be 25 amenable to looking at outdoor seating on a case by case basis. 26 27 Finke stated that the Planning Commission and staff recommended allowing a certain 28 number as a baseline and then maximizing at half the indoor seating; specifically, a 29 baseline of 16 outdoor seats could be allowed, or up to half the inside seating, whichever 30 is greater. 31 32 Martin noted that seems to make sense. 33 34 Pederson agreed that would help to create an area for the community to come together 35 and also agreed. He suggested that a pedestrian crosswalk occur to the west, perhaps 36 on the west side of the church parking lot. He stated that perhaps a right-in, right-out 37 access be provided if the shared access is not obtained with the church. 38 39 Anderson agreed that there needs to be a firm agreement in writing between the 40 restaurant and church regarding access and parking. He agreed that there would be 41 difficulties with people attempting to turn left from the restaurant site. 42 43 Finke explained that Mill Drive is as much of a problem as this driveway location. 44 45 Anderson stated that he has a high degree of confidence that the operator would be 46 good, and this would be a good amenity for the neighborhood. 47 48 Albers asked if there would be opportunity to expand for additional indoor seating, 49 should this be successful. 50 51 Medina City Council Meeting Minutes 4 June 18, 2019 Grant Bender, 714 Aster Road, the applicant, stated that the traffic flow is first and 1 foremost for any business with activity at that location because of the tricky corner that 2 exists. He stated that as he moves forward, he has instructed the civil engineer to attach 3 the parking lot. He stated that this concept could expand but his goal is to develop other 4 properties in the Uptown Hamel area. He believes that the area needs a full sit-down 5 restaurant but noted that potential location is to be determined. He stated that another 6 shipping container could connect to the stairwell location to provide additional indoor 7 seating. He noted that they have taken a lot of the feedback from the previous review 8 from the Planning Commission, City Council and general public. He referenced the 9 pedestrian crosswalk and noted that his thought was that it would not make sense to 10 cross at the corner and instead move that down towards the church. He believed that a 11 crosswalk from the church to Argent Park would make the most sense. He stated that 12 he has spoken with officials from the church and discussed preliminary concerns 13 regarding liability but noted that both parties would like to reach an agreement for shared 14 parking and traffic flow. 15 16 DesLauriers asked for input on the library location, noting that the plans show it moving 17 to the west but there have been comments that there were plans to move the library 18 offsite. 19 20 Bender replied that the group was under the assumption that the library needed to be 21 moved without speaking to him. He stated that he has clarified that he would like it to 22 remain as it improves the character of the area and is a marker for Uptown Hamel. He 23 stated that the group is happy to keep the library on the property in the adjusted location. 24 25 Pederson stated that he is excited to see that something like this could happen in 26 Uptown Hamel. 27 28 Martin stated that she likes the grain elevator approach but noted that something strikes 29 her a bit more contemporary than Uptown Hamel. She stated that it could simply be the 30 coloration of the rendering. She referenced the coloring of other uses in the area and 31 asked if the architect could recast the colors with red or white to match similar colors in 32 the area. 33 34 Albers stated that it appears the applicant would use reclaimed wood. 35 36 Bender confirmed that he would be using reclaimed barnwood from the area and noted 37 that the colors in the rendering were inspirational and advised that when he brings the 38 formal application forward, he can provide more accurate coloring. 39 40 Martin asked if the front could be a bit more porch like as well. 41 42 Bender confirmed that he is on the same page with Martin and noted that a more refined 43 rendering would come forward in the formal application. He stated that he is concerned 44 with the crosswalks and traffic flow in terms of civil engineering. 45 46 B. Ditter Properties – 2032 to 2052 Holy Name Drive – Concept Plan Review 47 (7:40 p.m.) 48 Finke stated that this proposal was reviewed one year ago as a concept noting that this 49 concept reduces the previous request to subdivide four lots into five lots, rather than the 50 previous request for six lots. He noted that two of the four existing lots are proposed to 51 Medina City Council Meeting Minutes 5 June 18, 2019 be smaller lots and proposed to be rezoned to suburban residential and reguided as low 1 density residential under the Comprehensive Plan. He stated that those two properties 2 are connected to the City sewer system and the applicant would propose to shrink those 3 lots to better match the proposed rezoning standards, noting that the excess land would 4 be used to create the additional fifth lot. He provided additional information on the 5 Comprehensive Plan amendment that would be necessary and whether it would be 6 appropriate to reguide and rezone the two properties connected to municipal sewer. He 7 reported that the Planning Commission held a public hearing the previous week where 8 one resident spoke in favor of the requests and raised concern about drainage between 9 the properties which could be addressed through the subdivision. He noted that the 10 Planning Commission was supportive of the reguiding of the two properties to low 11 density residential and the creation of the additional lot. He provided background 12 information on the sewer bailout which occurred in the early 2000’s for the properties 13 along Holy Name Lake. He stated that the other properties that were connected to City 14 sewer were rezoned to suburban residential, with the exception of four properties. He 15 explained that perhaps the thought behind excluding those four properties is that they 16 exceeded 60,000 square feet and the intent was to prevent those lots from subdividing 17 into additional suburban residential lots. He explained that this request would not create 18 additional sewered lots but would shrink the two lots connected to City sewer and create 19 an additional rural residential lot. 20 21 Albers asked if there would be septic concerns for the new lots. 22 23 Finke explained that two septic sites would be required, similar to any other rural 24 residential lot. He noted that practically speaking, the two properties connected to sewer 25 could have probably installed new septic systems, but the cost would have been similar 26 to simply connect to the sewer that was made available. 27 28 Martin stated that both of the proposed suburban lots would be under 60,000 square feet 29 and therefore could not be subdivided further. She noted that the family has already 30 paid for the two sewer connections and should be able to utilize those connections. She 31 stated that this is a beautiful property and the ability to keep the two lots in front and 32 create three beautiful residential lots would fit with the intent of the City to preserve rural 33 residential areas when possible. She stated that she is comfortable with the requests. 34 35 Pederson stated that he also agrees with this request. He noted that this is adjacent to 36 the cemetery and this would create a great atmosphere in that area. 37 38 C. City of Independence Comprehensive Plan Update Review (7:51 p.m.) 39 Johnson noted that the next two items are similar, reviews of the Comprehensive Plan 40 updates for Independence and Maple Plain. 41 42 Finke provided a brief review of the Independence growth projections and respective 43 draft comments from Medina staff. 44 45 Martin noted that the draft Comprehensive Plan suggested that Independence may look 46 elsewhere for municipal water resources. She asked if Medina should make a comment 47 that it is not interested in sharing that resource, similar to a comment that Medina made 48 to Corcoran. 49 50 Medina City Council Meeting Minutes 6 June 18, 2019 Pederson stated that perhaps an additional comment should be made suggesting that 1 Independence not use its full sewer capacity along the lake as Medina does not have 2 additional capacity. 3 4 Finke stated that their plan does acknowledge that any amendment would require an 5 amendment to the current Tri-City Agreement by all parties. 6 7 Martin confirmed consensus of the Council with adding the statement regarding 8 Medina’s desire to not expand its water resources in that area. 9 10 D. City of Maple Plain Comprehensive Plan Update Review (7:56 p.m.) 11 Finke reviewed the Comprehensive Plan update from Maple Plain including growth 12 projections and related comments from Medina staff. He mentioned the additional cost 13 for Medina customers to connect to the Maple Plain water system and identified the 14 properties that utilize that connection. 15 16 Martin confirmed the consensus of the Council to make an additional comment regarding 17 that higher cost. 18 19 VIII. CITY ADMINISTRATOR REPORT (8:01 p.m.) 20 Johnson stated that Belland will provide an update on recent criminal activity in the area. 21 22 Belland provided an update on recent burglaries which continue to happen across the 23 metro area. He reminded all residents to lock their vehicles and garage doors. He 24 stated that this group is hitting unlocked vehicles and using the garage door opener to 25 access the home. 26 27 Martin stated that she wrote to a few people connected to homeowner’s associations to 28 advise them of the problem after the last update. She asked if the City has a list of 29 homeowner’s associations that could be used. 30 31 Belland noted that the City does not currently have an updated contact list of that nature. 32 33 Johnson stated that perhaps staff could write a paragraph that could be sent out to the 34 City e-mail contact list. 35 36 Martin stated that perhaps something could be mailed with water bills as well to help 37 communicate this issue. 38 39 IX. MAYOR & CITY COUNCIL REPORTS (8:05 p.m.) 40 Martin stated that she attended the West Metro Mayors Meeting and was provided an 41 update on recent legislative action. 42 43 X. APPROVAL TO PAY THE BILLS (8:07 p.m.) 44 Moved by Anderson, seconded by Albers, to approve the bills, EFT 005110E-005129E 45 for $59,575.98 and order check numbers 048874-048957 for $181,870.75 and payroll 46 EFT 0509490-0509523 for $54,413.61. Motion passed unanimously. 47 48 XI. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON 49 LITIGATION MATTER SPECIFICALLY WW FARM AND GEORGE WESSIN V. 50 CITY OF MEDINA, PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD. 3(b) 51 Medina City Council Meeting Minutes 7 June 18, 2019 Moved by Martin, seconded by Anderson, to adjourn the meeting to closed session at 1 8:08 p.m. to discussion attorney-client privileged litigation matter, specifically WW Farm 2 and George Wessin v. City of Medina. Motion passed unanimously. 3 4 The meeting returned to open session at 8:43 p.m. 5 6 XII. ADJOURN 7 Moved by Anderson, seconded by Albers, to adjourn the meeting at 8:44 p.m. Motion 8 passed unanimously. 9 10 11 12 __________________________________ 13 Kathy Martin, Mayor 14 Attest: 15 16 ____________________________________ 17 Scott Johnson, City Administrator 18 TO: Medina Mayor and City Council Members Scott Johnson, City Administrator Jodi Gallup, Administrative Assistant Erin Barnhart, Finance Director FROM: Rolf Erickson (763) 473-3978 DATE: June 17, 2019 RE: 2020 Assessment Proposal Contract Attached Term of Contract: September 1, 2019 through August 30, 2020 Current Contract amount: $92,340 Requested amount for 2019 Assessment: $96,816 Requested increase: $4,476 Number of New Houses during 2018 55 Total parcels May 2014 2,954 Total parcels May 2015 3,015 Total parcels May 2016 3,109 Total parcels May 2017 3,138 Total parcels April 2018 3,138 Total parcels May 2019 3,240 The requested increase breakdown: Cost for 102 new parcels $3,001 Cost of living and doing business $1,475 Expenses for supplies and postage should be approximately the same as last year. Please present this request at the next council meeting possible. Please make 2 copies of the contract and have them signed when approved. I will sign then. Agenda Item # 5A CONTRACT FOR ASSESSING SERVICES This contract is made this first day of September, 2019, by and between the City of Medina Hennepin County, Minnesota (hereinafter called the “Municipality”) and Rolf Erickson, 14520 12th Ave. North, Plymouth, Minnesota, 55447 DBA Southwest Assessing, a Minnesota Corporation (hereinafter called the “Contractor”) The Contractor represents that he is a Licensed Minnesota Assessors as required in Chapter 273 of Minnesota Statutes and that he is a qualified real estate appraiser. ASSESSING SERVICES: The Municipality hereby contracts for and the Contractor hereby agrees to cooperate with officials of the Municipality and the County of Hennepin in performing 2020 assessment services as defined in Minnesota Statutes. The Municipality agrees and acknowledges that the manner and the method used in the performance of the assessment duties will be under the control and direction of said Contractor. CONTRACT PRICE: In consideration of the services rendered by the Contractor, the Municipality shall pay to the Contractor at the above stated address, the sum of $96,816.00 payable in twelve (12) installments of $8,068 beginning September, 2019 and ending August, 2020. TERM OF CONTRACT: September 1, 2019 through August 31, 2020. The following services are to be billed separately on a one time basis. NONE. FURNISHING OF EQUIPMENT: The contractor shall provide all transportation necessary for the performance of the services contracted for. The Municipality shall furnish all equipment and supplies necessary for the performance of the services contracted for, including the Hennepin County data fee and Hennepin County computer equipment rental fees. ATTENDANCE AT COUNCIL MEETINGS: The Contractor shall attend the local board of review meeting on the date selected by the Municipality and the Contractor and not to exceed three other Municipality council meetings during the term of the contract. LEGAL STATUS: The parties agree that the Contractor is not required to maintain office hours, shall not receive retirement benefits, health insurance benefits, or any other fringe benefits offered to employees of the Municipality and shall, in all respects, be deemed an independent contractor. IN WITNESS WHEREOF, the Contractor and the Municipality have executed this Contract this day of 2019. City of Medina (Municipality) by Southwest Assessing (Contractor) by 1 TO: Medina City Council FROM: Jodi Gallup, Assistant City Administrator DATE: July 2, 2019 RE: 2019 Trail Master Plan Adoption Background The first trail plan/study was adopted by the Medina City Council in 2003 to study the trail needs in the city and set forth recommendations for each specific trail need. The plan is used as a tool to ensure trail priorities and opportunities are reviewed for all development plans submitted to the City. The Park Commission updated this plan in 2009, 2013, and now again in 2019 to align with the current trail plan in the 2020-2040 Comprehensive Plan. Trail Plan Guiding Principles The following principles were utilized by the Park Commission to identify trails. This list is based on goals and objectives stated in the 2020-2040 Comprehensive Plan for Open Spaces and the 2013 Trail Plan, updated to reflect the current concerns and opportunities present in 2019. 1. Secure access to high quality natural areas and areas of scenic beauty (meander off shoulder where possible). 2. Connect neighborhoods to natural infrastructure providing door-step recreational benefits and encouraging active lifestyles. 3. Develop trails that provide for multiple recreational uses. 4. Create trails for citizens to view and enjoy open space resources. 5. Link individual trails to larger network which connects all parts of the City with regional trails, resources, and neighboring cities’ trails and parks. 6. Prioritize creation of trails near current developments or for areas where development is planned in the near term. 7. Remain mindful of fiscal constraints within the City budget. 8. Create flexibility in the plan so Park Commission and City Council can take advantage of future opportunities as they arise. The success of this plan depends upon identifying funding sources and subsequently obtaining sufficient funding. Recommendation Adopt 2019 Trail Master Plan MEMORANDUM Agenda Item # 5B City of Medina TRAIL PLAN July 2 , 2019 - DRAFT Prepared by the Medina Park Commission: Steve Lee Ann Thies Jeff Rumsey John Jacob Mary Morrison Elizabeth Weir Terry Sharp With the Assistance of: John Anderson, City Council Liaison Steve Scherer, Public Works Director Jodi Gallup, Assistant City Administrator Dusty Finke, Planning Director 2 Table of Contents Chapter Page Executive Summary ...................................................................... 3 Trail Plan Purpose ........................................................................ 3 Trail Plan Guiding Principles ....................................................... 3 Definitions/Design Considerations ............................................... 4 1. Arrowhead Drive/County Road 118 ..................................... 5 2. Medina Lake Preserve Trail Connection .............................. 5 3. Hackamore Road: Arrowhead Drive to County Road 101 .. 5 4. Baker Southwest Trail ........................................................... 6 5. Chippewa/Mohawk Trail System ......................................... 6 6. Meander Road Trail .............................................................. 6 7. Hamel Road: Uptown Hamel to Pinto Drive ....................... 7 8. Hamel Road: Arrowhead Drive to Co Rd 116 ..................... 7 9. Hunter to Brockton Connection ........................................... 8 10. Tamarack North Trail .......................................................... 8 11. Navajo Trail ......................................................................... 8 12. Hidden Lake Trail ................................................................ 9 13. West Chippewa .................................................................... 9 14. Pioneer Trail ......................................................................... 9 15. Co Rd 115: Arrowhead Drive to Parkview Drive ............. 10 16. Parkview Drive Trail .......................................................... 10 17. Willow: Co Rd 24 to Co Rd 115 ........................................ 10 18. Blackfoot/Chestnut/Morgan Loop ..................................... 11 19. Pinto/Meadowwoods Trail ................................................. 11 20. Wolsfeld Trails .................................................................. 11 21. Homestead Willow Trails .................................................. 12 22. Deer Hill Baker Trail ......................................................... 12 23. Medina Morningside Southwest to Deer Hill Preserve ..... 12 Additional Considerations ........................................................ 13 Exhibit - Trail Map 3 Executive Summary This Trail Plan examines the proposed trail development plan for the City of Medina and sets forth recommendations. The plan examines the specific needs for each trail, including surface and type. These recommendations are being forwarded to the City Council for further consideration and implementation. The success of this plan depends upon identifying funding sources and subsequently obtaining sufficient funding. Trail Plan Purpose This Plan was commissioned by the Medina City Council for the purpose of examining the City’s current trail plan and recommending trails as development occurs. Furthermore, the City Council and the Park Commission wish to establish a process that ensures trail priorities and opportunities are reviewed for all development plans submitted to the City. Trail Plan Guiding Principles The following principles were utilized by the Park Commission to identify trails. This list is based on goals and objectives stated in the 2020-2040 Comprehensive Plan for Open Spaces and the 2013 Trail Plan, updated to reflect the current concerns and opportunities present in 2019. 1. Secure access to high quality natural areas and areas of scenic beauty (meander off shoulder where possible). 2. Connect neighborhoods to natural infrastructure providing door-step recreational benefits and encouraging active lifestyles. 3. Develop trails that provide for multiple recreational uses. 4. Create trails for citizens to view and enjoy open space resources. 5. Link individual trails to larger network which connects all parts of the City with regional trails, resources, and neighboring cities’ trails and parks. 6. Prioritize creation of trails near current developments or for areas where development is planned in the near term. 7. Remain mindful of fiscal constraints within the City budget. 8. Create flexibility in the plan so Park Commission and City Council can take advantage of future opportunities as they arise. 4 Definitions/Design Considerations Locations: Adjacent street trail – generally located adjacent to a street but separated by a curb and/or boulevard. Trails are generally 8-10 feet in width. Meandered off-street trail – generally located away from roadways, generally located to provide access or experience of natural resources or amenities. Trails are generally 8- 10 feet in width. Shoulder trail – widened shoulders to provide space for bicycles and pedestrians. Shoulder trails with a width of 5 feet or greater are preferred. Surface Types: Paved trail – bituminous or concrete. Unpaved trail – these trails could be turf, woodchip, or crushed rock. The base of the trail may be graded, stabilized, and strengthened as necessary. 5 1. Arrowhead Drive/County Road 118 Description – Beginning at Hamel Road (County Road 115), this trail continues north along Arrowhead Drive (County Road 118) and across Highway 55, connecting with the existing trail north of Highway 55 on Arrowhead Drive. Approximately ½ mile of gaps existing on this segment. Need – This trail is located near some of the largest employers in the City and connects with an existing north-south trail to the Bridgewater neighborhood and eventually with east-west trails along Hamel Road. Location – Adjacent to the street but separated by a curb and/or boulevard. Surface Type – paved. Opportunities & Contingencies – Much of this trail is already constructed and the City is seeking partnerships with large employers in the area to close the gaps. Considerations will need to be made for the railroad crossing and the crossing at Highway 55. 2. Medina Lake Preserve Trail Connection & Potential Park Expansion Area Description – This trail will run approximately 1/3 mile east from the Arrowhead Drive trail and connect Medina Lake Preserve. A trail head shall also be considered at the Medina Lake Preserve. Need – This trail will provide a connection to Medina Lake Preserve from the nearby Bridgewater and Fields of Medina neighborhoods and to large employers south along the Arrowhead Drive trail. Location – meandering off-street to the extent possible. Surface Type – paved. Opportunities & Contingencies – To be constructed as development occurs. A floating bridge connection may be considered across the large wetland for a more direct link to the Park at Fields of Medina. 3. Hackamore Road: Arrowhead Drive to County Road 101 Description – This trail will run south to north approx. 1 1/4 miles along Arrowhead Drive, then curve and continue east for approximately 1 mile along Hackamore Road to County Road 101. Need – This trail will serve the Bridgewater, Foxberry Farms, Reserve of Medina, and Wild Meadows neighborhoods in Medina as well as neighborhoods in the City of Corcoran. The trail connects to north-south trails along County Road 101, County Road 116 and Arrowhead Drive. Location – Adjacent to the street but separated by a curb and/or boulevard. 6 Surface Type – paved. Opportunities & Contingencies – The portion of this trail that runs south to north along Arrowhead Drive will be completed when Arrowhead Drive is finished. The remaining portion will be finished as development occurs in coordination with the City of Corcoran. 4. Baker Southwest Trail Description – This 1/3 mile trail will run through the future proposed development east of County Road 19 and north of Highway 12, connecting to the Regional County Road 19 Trail and Baker Park Reserve. Need – This trail will connect the future high-density residential development to Baker Park Reserve and the Regional County Road 19 trail. Location – Meandering off-street where possible. Surface Type – paved. Opportunities & Contingencies – As opportunity arises or development occurs. 5. Chippewa/Mohawk Trail System Description – These trails will run through the planned residential developments north of Chippewa Drive, west of Arrowhead Drive and east of Willow Drive. Distance and location of the trail system will be determined in connection with development plans. Need – Provide a trail system and connections to existing trails and future parks for the new residents in these future developments. Location – Meandering off-street as much as possible. Surface Type – paved. Opportunities & Contingencies – As development occurs. The trails shall connect to private trails of nearby senior housing projects and partnership opportunities shall be considered to provide public access to portions of these private trails. 6. Meander Road Trail Description – This trail segment will connect the Arrowhead Drive trail to the County Road 116 trail. The trail is mostly constructed along Meander Road but approximately 1/3 mile of gaps exist west of the Fields of Medina neighborhood and east of Meander Court. Need –– This trail is needed to complete the trail segment along Meander Road to keep pedestrians off the road. Location – Adjacent to the street but separated by a curb and/or boulevard. 7 Surface Type – paved. Opportunities & Contingencies – As development occurs (east) or the opportunity arises (west). 7. Hamel Road: Uptown Hamel to Pinto Drive Description – This trail connects the County Road 116 trail to Uptown Hamel. Approximately 1/10 mile gap exists in this segment to just west of Rainwater Park. The trail connects to existing sidewalks along Hamel Road in the area of Sioux Drive. Need – Uptown Hamel is a high-density area and is the subject of redevelopment plans. This trail will be an important connector from the County Road 116 and Hunter Road trail to the Uptown Hamel business area, Hamel Legion Park and to the trail going north along County Road 101. Location – Adjacent to the street but separated by a curb and/or boulevard. Surface Type – paved. Opportunities & Contingencies – Much of this trail gap will be completed as the adjacent property develops. Considerations will need to be made for crossing over Elm Creek. This trail is within the Lake Sarah Regional Trail Search Corridor, which may provide funding opportunities. 8. Hamel Road/Co Rd 115: Arrowhead Drive to Co Rd 116 Description – This trail will run approximately 1 mile along County Road 115 (Hamel Road) from Pinto Drive to Arrowhead Drive. Need – This trail will provide access to residents in the future residential area east of Arrowhead Drive to Uptown Hamel and West toward Baker Park Reserve. The trail will be used by pedestrians, bicyclists, and rollerbladers. Location – Adjacent to the street but separated by a curb and/or boulevard. Opportunities shall be considered to provide meandering off-street locations where possible. Surface Type – paved. Opportunities & Contingencies – This trail may be developed as the road is upgraded or is maintained. The City should seek funding partnerships with Hennepin County since it is adjacent to a County road. This stretch of trail is shown as a regional trail search area which may also provide opportunities for funding from Three Rivers Park District, Hennepin County, State of Minnesota, or federal grants. 8 9. Hunter to Brockton Connection Description – This trail is approximately ¾ of a mile, running east-west through future residential development between Hunter Drive and Brockton Lane and north to connect with trails in the Enclave neighborhood. Need – This trail is needed to provide the future developments access to the trail system and Hamel Legion Park and to create a loop with the Hunter Drive trail and the Plymouth trail along Brockton Lane. Location – Meandering off-street as much as possible. Surface Type – paved. Opportunities & Contingencies – This trail will be developed when the future neighborhood is developed. 10. Tamarack North Trail Description – This trail will run approximately 2/3 of a mile adjacent to the future road (mostly likely called Tamarack Drive) from the Park at Fields of Medina south across Highway 55 down to Hamel Road. An intersection at Highway 55 is planned for the future. Need – This trail will connect the future planned residential development south of Highway 55 to the commercial area, neighborhoods, and Fields of Medina Park north of Highway 55. Location – Meandering off-street as much as possible. Surface Type – paved. Opportunities & Contingencies – As opportunity arises or development occurs. 11. Navajo Trail Description – This turf trail runs along the former Navajo Road roadbed west of Hunter Drive. A gap of approximately 1/8 of a mile exists to the west to allow a connection with existing Navajo Road. Need – This trail serves as an off-road turf trail experience with the close proximity to wetland areas. Location – Meandering off-street. Surface Type – unpaved. Opportunities & Contingencies – The City has an easement to close this gap. A turf trail will be finished to Navajo Road as the opportunity arises. 9 12. Hidden Lake Trail Description – This trail will be an approximately 1/3 mile spur trail west of County Road 19 to an overlook on Hidden Lake. Need – This will be a spur connection to allow public viewing of a high-quality natural area from a Regional Trail. Location – Meandering off-street. Surface Type – A short section shall be paved near Co Rd 19 for easier access, but the remainder of the trail as it approaches Hidden Lake shall be unpaved. Opportunities & Contingencies – The Hidden Lake area has been identified as a possible future passive park, and the trail shall be constructed in connection with acquisition. 13. West Chippewa Description – This trail will run 1 1/3 mile along Chippewa Road from Pioneer Trail to County Road 19. Need – This area is heavily used for recreational biking and dedicated shoulders will provide improved safety. The trail also provides access to Loretto, and the Lake Independence Regional Trail along County Road 19. Location – Shoulder trail. Surface Type – The surface type will be determined based on timing and expected use. Opportunities & Contingencies – Shoulder widening shall be considered in connection with upgrades and maintenance of the roadway. 14. Pioneer Trail Description – The trail will run approximately 2 miles along Pioneer Trail starting at County Road 115 (Hamel Road) to Chippewa Road. Need –– This area is heavily used for recreational biking and dedicated shoulders will provide improved safety. This trail is part of the trail system to the northwest portion of the City and connects to Tomann Preserve. Location – Shoulder trail. Surface Type – The surface type will be determined based on timing and expected use. Opportunities & Contingencies – Shoulder widening shall be considered in connection with upgrades and maintenance of the roadway. 10 15. Co Rd 115/Hamel Road Trail: Arrowhead Drive to Parkview Drive Description – This 2 1/8 mile trail will run along County Road 115 (Hamel Road) from Arrowhead Drive to Parkview Drive. Need – This area is heavily used for recreational biking and dedicated shoulders will provide improved safety. This trail is needed to provide an east/west connection in the city from Baker Park Reserve to Hamel Legion Park and Uptown Hamel. Location – Shoulder trail. Surface Type – A large portion of this road (from Arrowhead to Parkview) already has a gravel shoulder for walking and riding, and it is expected to transition to a paved shoulder from east to west as horseback use reduces and population increases. Opportunities & Contingencies – This trail may be developed as the road is upgraded or is maintained. The City shall seek funding partnerships with Hennepin County since it is adjacent to a County road. This stretch of trail is shown as a regional trail search area which shall also provide opportunities for funding from Three Rivers Park District, Hennepin County, State of Minnesota, or federal grants. 16. Parkview Drive Trail Description – This 1 mile trail will run along Parkview Drive from County Road 24 to County Road 115 (Hamel Road). Need – This area is heavily used for recreational biking and dedicated shoulders will provide improved safety. This trail provides connection to an entrance of Baker Park and to connect Hamel Road with County Road 24. Location – Shoulder trail. Surface Type – The surface type will be determined based on timing and expected use. Opportunities & Contingencies –Parkview Drive is a County Road, so the City will need to work in partnership with the County. 17. Willow Drive: Co Rd 24 to Co Rd 115 (Hamel Road) Description – This 1 ¼ mile trail will run along Willow Drive from County Road 24 to County Road 115 (Hamel Road). Need – This area is heavily used for recreational biking and horseback riding, so dedicated shoulders will provide improved safety. The trail provides a North/South connection, especially to the bikeway along County Road 24. Location – Shoulder trail. Surface Type – The surface type will be determined based on timing and expected use. 11 Opportunities & Contingencies – This trail shall be considered in connection with roadway improvements and maintenance. 18. Blackfoot/Chestnut/Morgan Loop Description – This trail will create a 2 ¾ mile loop in the rural area of the city near various areas of moderate to high quality natural resources including the large wetland from which Elm Creek originates. The trail could potentially connect to Chestnut Road, Blackfoot Trail, and Morgan Road with an additional length of 1 ¼ miles. Need – This trail will complete an off-road trail which surrounds a large wetland, old- growth woodland, high quality natural areas, and open space corridor. Location – Meandering off-street. Surface Type – Unpaved. Opportunities & Contingencies – Easements shall be secured if subdivisions occur and as opportunity arises. 19. Pinto/Meadowwoods Trail Description – This proposed trail is approximately 2 1/8 miles in length and provides a north-south connection from Medina Road down to Tamarack Drive in the southern portion of the City. Need– This trail is proposed as the primary north-south corridor and provides a link between the denser population of the City north of Medina Road to County Road 24 and towards Wolsfeld Woods SNA. Location – Meandering off-street as much as possible. Surface Type – Paved. Opportunities & Contingencies – Much of this trail segment runs along the North-South Regional Trail Search Corridor, which shall provide opportunities for partnership and funding. Easements shall be acquired in connection with development along the corridor. 20. Wolsfeld Trails Description – The Wolsfeld Trails have two segments with a total approximate distance of 2 ¼ miles, starting at Tamarack Drive and heading west to Willow Drive. Segment A runs south connecting to Medina Morningside. Segment B runs north connecting to the Homestead-Willow Trail. Need – These trail segments will provide east/west trail routes to provide access to Wolsfeld Woods SNA. 12 Location – Meandering off-street as much as possible. Surface Type – Segment 20A shall be paved and Segment 20B shall be unpaved. Opportunities & Contingencies – As opportunity arises or subdivision occurs. Medina will need to look for opportunities to connect to Wolsfeld Woods SNA and be mindful of DNR regulations for trail use in developing these trails. 21. Homestead Willow Trails Description – This trail system is approximately 2 1/8 miles and connects Homestead Trail and Willow Drive running along high-quality natural areas of wetlands and woodlands. Segment 21B provides a spur trail creating a north/south connection from Segment 21A to the developments to the south. Need – To have an off-road trail along an open space corridor with high quality natural areas. A connection from Baker Park Reserve to Wolsfeld Woods SNA. Location – Meandering off-street. Surface Type – Unpaved. Opportunities & Contingencies – As opportunity arises or subdivision occurs. 22. Deer Hill Baker Trail Description – This trail is a short 1/8 mile segment of trail running west from the Deer Hill Preserve neighborhood to Baker Park Reserve. Need – This trail will connect the Deer Hill Preserve and Medina Morningside neighborhoods to Baker Park Reserve. Location – off-street. Surface Type – Unpaved. Opportunities & Contingencies – This trail connection could be constructed with subdivision in the area or when the opportunity arises. 23. Medina Morningside Southwest to Deer Hill Preserve Description – This trail is a short segment of trail connecting the Medina Morningside neighborhood to the paved trails within the Deer Hill Preserve neighborhood. Need – This trail will connect the Deer Hill Preserve and Medina Morningside neighborhoods as well as to the paved trail to Baker Park along County Road 6 and connect to the Orono schools. 13 Location – off-street. Surface Type – Paved. Opportunities & Contingencies – When the opportunity arises. Additional Considerations Highway 55 Crossings Options Description – A safe crossing will create access and connections over Highway 55. Need – A crossing to connect Uptown Hamel and parks with the Clydesdale Trail retail area and north/south residents. Location – Shoulder or walking bridge. Surface Type – Paved. Opportunities & Contingencies – This trail shall be built as the opportunity arises and funds are available. Not through city funds. When crossings go in, the stop lights shall be longer to allow for safe crossing. Tomahawk Trail Description – This trail will run along Tomahawk Trail for about 1 1/4 miles, from Hamel Road northeast to Pioneer Trail. It will also have a grassland nature trail spur to the old Woodlake Sanitary Landfill. Need – This will serve as a connection between Baker Park Reserve and Tomann Preserve. The spur will provide access to an open space priority area. Location – Shoulder trail along Tomahawk and meandering off-street within the Woodlake Sanitary Landfill. Type and Surface Recommendations – The surface type will be determined based on timing and expected use. Opportunities & Contingencies – The spur shall be coordinated with the Woodlake owner. The remaining portion of the trail as opportunity arises. HIGHWAY 55 ")55 ")24 ")19 ")101 ")116 ")11 ")24 ")19 £¤12 H A M E L R D M E D I N A R D PIONEER TRL TAMARACK DR WILLOW DR HACKAMORE RD ARROWHEAD DR H O M E S T E A D T R L CHIPPEWA RD HUNTER DR PARKVIEW DR BROCKTON LN N MEANDER RD EVERGREEN RD BROCKTON LN N CHIPPEWA RD WILLOW DR WILLOW DR HUNTER DR ")55 Medina Golf & Country Club Spring Hill Golf Club Baker Park Reserve Baker Park Reserve Wolsfeld Woods (SNA)23 3 15 3 20A 20B 5 17 18 21A 16 9 19 19 4 22 21B 1 8 11 18 1 9 8 14 513 12 7 66 2 1 10 Katrina Independence School Mooney Spurzem Holy Name Peter Wolsfeld Half Moon Krieg Miller Thies Ardmore Map Date: June 13, 2019 Scale: 1:32,000[0 0.5 10.25 Mile 2019 TrailMaster Plan Location of proposed trail segments are intended to identify connections and cooridors, not exact locations. Legend Surface Type Existing Paved Trail Existing Shoulder Trail Existing Turf Trail Existing Sidewalk Proposed Paved Trail Proposed Shoulder Trail Proposed Turf Trail Future Park Search Area Parks Existing Park Potential Park Expansion Existing or Planned Residential Unit Regional Trail Search Corridor MEMORANDUM TO: Mayor and City Council Members FROM: Scott Johnson, City Administrator DATE: June 25, 2019 SUBJ: T-Mobile Lease at 3574 Pinto Drive in Medina Background Staff worked with Bob Vose from Kennedy & Graven on the updated cell tower lease located at 3574 Pinto Drive. The original lease had a few paragraphs that needed to be clarified. Mr. Vose worked with T-Mobile’s Attorney to clean up the agreement and extend the terms. Below is the explanation of the changes from Mr. Vose: “We proposed giving the City a right to non-renew at the end of each 5-year term. That would match T-Mobile’s rights. Most wireless leases only give the tenant/wireless company this option. So we asked for something most leases don’t contain. T-Mobile has now countered with giving us that right, but requiring that any notice of non- renewal (by either party) be given 1 year in advance. I actually agree with T-Mobile’s rep, Mark, that this change actually also works to the City’s favor. It means that if T-Mobile misses a deadline for non-renewing they will remain obligated for another 5 years (and owe rent for that full period). So I’m ok with what they’ve proposed. Of course, this arrangement would mean that the City would need to know well in advance if a lease non-renewal is desired.” Attached is the updated agreement with T-Mobile. Staff recommends approval Council Action Requested: Approve the updated site agreement for the T-Mobile Lease at 3574 Pinto Drive in Medina. Agenda Item # 5D 1 Site Name: Hamel/Medina Site ID: A1O0038A SECOND AMENDMENT TO SITE AGREEMENT This Second Amendment to Site Agreement (the “Amendment”) is effective as of the date of execution by the last party to sign (the “Effective Date”) by and between City of Medina, a Minnesota municipal corporation (“City”) and T-Mobile Central LLC, a Delaware limited liability company (“T-Mobile”) (each a “Party”, or collectively, the “Parties”). City and T-Mobile (or their predecessors-in-interest) entered into that certain Site Agreement dated May 20, 1997, including that certain First Amendment to Site Agreement dated June 3, 1997 (including all amendments, collectively, the “Agreement”) regarding City’s leased areaproviding for the lease of a portion of the property located at (“Premises”) located at 3576 Pinto Drive, Medina, MN 55340 as described and depicted in the Agreement (the “Property”). For good and valuable consideration, City and T-Mobile agree as follows: 1. The Agreement is in full force and effect and neither City nor T-Mobile is in breach under the terms of the Agreement. 2. At the expiration of the Agreement, the Term of the Agreement will automatically be extended for four (4) additional and successive five (5) year terms (each a "Renewal Term"), provided, that T-Mobileeither party may elect not to renew by providing City thirty Twelve Months (3012) daysmonths’ notice to the other prior to the expiration of the then current Renewal Term. 3. At the commencement of the first Renewal Term provided for in this Amendment, T-Mobile shall pay City Forty Thousand and No/100 Dollars ($40,000.00) per year ("Rent") in advance, by the fifth (5th) day of each year. Any Rent previously paid from and after the commencement of the first Renewal Term provided for in this Amendment shall be offset against the new Rent. The Rent established by this paragraph 3 shall be payable during the first year of this Agreement. The annual Rent shall be adjusted each January 1 on the second and in each succeeding year by the greater of: (i) the Consumer Price Index (CPI) published by the United States Department of Labor, Metropolitan Area, All Urban Consumers Index (Commencement Date = 100) or (ii) four percent (4%). This new Rent and Rent adjustment shall supersede and replace any prior Rent or Rent adjustments. 4. Any charges payable under the Agreement other than Rent shall be billed by City to T-Mobile within twelve (12)twenty-four (24) months from the date in which the charges were incurred or due; otherwise the same shall be deemed time-barred and be forever waived and released by City. 4.5. Notwithstanding any provision in the Agreement or this Amendment to the contrary, neither party shall be liable or responsible to the other, or its affiliates or customers, for any special, incidental, indirect, punitive or consequential costs, liabilities or damages, whether foreseeable or not, including without limitation economic loss or lost business or profits, interruption of service damages, or any delay, error or loss of data or information arising in any manner out of, or in connection with use of the leased Premises. Nothing herein shall Formatted: Indent: Left: 0.25", No bullets ornumbering 2 Site Name: Hamel/Medina Site ID: A1O0038A change or otherwise affect the City’s liability limits established under applicable law including Minn. Stat. § 466.04, as amended. 5.6. All notices, requests, demands and other communications shall be in writing and shall be effective three (3) business days after deposit in the U.S. mail, certified, return receipt requested or upon receipt if personally delivered or sent via a nationally recognized courier to the addresses set forth below. City or T-Mobile may from time to time designate any other address for this purpose by providing written notice to the other Party. If to T-Mobile: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/ A1O0038A If to City: City of Medina 2052 County Road 24 Medina, MN 55340 6.7. T-Mobile and City will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Property. 7.8. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified. To the extent any provision contained in this Amendment conflicts with the terms of the Agreement, the terms and provisions of this Amendment shall control. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 8.9. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic copies of this Amendment will legally bind the Parties to the same extent as originals. 9.10. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. City represents and warrants to T-Mobile that the consent or approval of a third party has either been obtained or is not required with respect to the execution of this Amendment. 10.11. This Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns. 3 Site Name: Hamel/Medina Site ID: A1O0038A IN WITNESS, the Parties execute this Amendment as of the Effective Date. City: City of Medina, a Minnesota municipal corporation By: Print Name: Title: M ayor Date: T-Mobile: T-Mobile Central LLC, a Delaware limited liability company By: Print Name: Title: Date: T-Mobile Contract Attorney as to form By: Print Name: Title: City Clerk Date: Formatted: Font: (Default) Times New Roman, NotBold G:\Group Data\Municipal\Clients - Cities - Counties\Medina\Proposals\2019 Chippewa & Arrowhead Visioning\01 2019-06-26 Medina Chippewa Rd & Arrowhead Dr Project Devel_Visioning - WSB Proposal.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 5 5 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M June 26, 2019 Mr. Scott Johnson City Administrator City of Medina 2052 County Rd 24 Medina, MN 55340 Re: City of Medina – Chippewa Road and Arrowhead Drive Corridors Proposal to Provide Engineering Services for Project Development / Visioning Dear Mr. Johnson: We are pleased to present this proposal for professional engineering services to complete the project development / visioning for the Chippewa Road and Arrowhead Drive corridors. The following letter proposal represents our entire understanding of the project scope and level of engineering services requested. PROJECT UNDERSTANDING The City’s 2040 Comprehensive Plan identifies the need to extend Chippewa Road from Mohawk Drive to Arrowhead Drive. These improvements were identified in conjunction with the capacity and operations needs for TH 55. The plan indicates that “MnDOT and the City of Medina should work cooperatively, as redevelopment occurs, to close existing direct access driveways onto TH 55 and relocate direct access to a frontage/backage road system, consistent with the 2007 TH 55 design concept vision”. That concept vision included the idea of connecting Chippewa Road from Arrowhead Drive to Mohawk Drive, completing the roadway network in the area. The Comprehensive Plan anticipates residential and commercial growth within the Chippewa Road and Arrowhead Drive corridors north of TH 55. Staff has therefore asked WSB to prepare a Project Development Visioning Study for the Chippewa Road and Arrowhead Drive corridors, to document the roadway, intersection, public utility, and right-of-way needs. The primary goal of the City is to have a cohesive plan that can be provided to property owners and developers guiding the transportation needs, right-of-way, public utilities, and other parameters adjacent to their properties. In addition, the study will document preliminary costs for the anticipated improvements so that the City can plan funding mechanisms for the projects. The report prepared as a part of these services could be used by the City in the future as the basis for a feasibility study. The following Scope of Services outlines the tasks to complete the Project Development Visioning Study. SCOPE OF SERVICES Task 1 – Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets, and correspondence with the City of Medina. The project manager will provide technical direction on all aspects of the project review, all work products, and keep the City informed on the project progress. The project manager will serve a primary role in the analysis and preparation of the Study. Agenda Item # 5E City of Medina – Chippewa Rd & Arrowhead Dr Project Development / Visioning – Proposal for Engineering Services June 26, 2019 Page 2 G:\Group Data\Municipal\Clients - Cities - Counties\Medina\Proposals\2019 Chippewa & Arrowhead Visioning\01 2019-06-26 Medina Chippewa Rd & Arrowhead Dr Project Devel_Visioning - WSB Proposal.docx This task will consist of continued management and administration, project coordination and communication with the City. Also included in this task is billing preparation, invoicing, progress reports, and other non-technical work associated with this phase of the project. WSB will utilize the existing retainer contract as much as possible to reduce the time charged to this task. Task 2 – Data Collection Available data will be collected from the City of Medina, Hennepin County, MnDOT and other impacted agencies. This data will include but is not limited to: · Existing and historic traffic volume data · Updated crash history · Proposed and anticipated development plans · As built roadway plans · Survey/topographic data previously obtained or readily available · Wetland and floodplain locations from available mapping · OSI Traffic Study, other available studies It is assumed that existing traffic volume data will be used as the baseline to conduct the traffic analysis, and that no additional traffic counts would be required. Task 3 – Traffic Forecasts Projected 2040 ADT and turning movement counts will be developed for Chippewa Road, Arrowhead Drive and each of the primary intersections within the corridor, including the intersections of Chippewa Road at Mohawk Drive, Chippewa Road at Arrowhead Drive, Arrowhead Drive at Meander Road and Arrowhead Drive at TH 55. The projected traffic will be based on traffic generation for the proposed development and/or anticipated land use in the area, the historical traffic count trends for the area, or other assumptions that can be assembled from available data. Task 4 – Traffic Operations Analysis A traffic analysis will be completed evaluating the existing and projected traffic operations for Chippewa Road and Arrowhead Drive corridors, including the primary intersections listed in Task 3. The traffic operations will be evaluated using Synchro/SimTraffic software for the signal and stop sign analysis and RODEL software for the roundabout analysis. Output from Synchro is transferred to SimTraffic, a micro-simulation computer modeling software that simulates each individual vehicle’s characteristics and driver behavior in response to traffic volumes, intersection configuration, and signal operations. The model simulates drivers’ behaviors and responses to surrounding traffic flow as well as different vehicle types and speeds. Its outputs estimated vehicle delay and queue lengths at each intersection being analyzed. The capacity and level of service analysis will be conducted for the existing 2019 and projected 2040 traffic conditions. The analysis will document the corridor level of service, intersection level of service, any operational deficiencies and recommendation for intersection control and lane configuration improvements. The OSI Traffic Study recently completed will be used as a baseline for the traffic operations analysis. In addition, the analysis will include conducting a crash analysis and evaluating the physical characteristics of the corridors including right-of-way impacts. The preparation of a control evaluation and/or roundabout justification analyses for the intersection(s) has not been included. Task 5 – Preliminary Design/Concept Plan WSB will prepare up to two concept layouts based on the recommendations from the Traffic Operations Analysis, guidance from City Staff, and City Council (Task 4) that include the following features: City of Medina – Chippewa Rd & Arrowhead Dr Project Development / Visioning – Proposal for Engineering Services June 26, 2019 Page 3 G:\Group Data\Municipal\Clients - Cities - Counties\Medina\Proposals\2019 Chippewa & Arrowhead Visioning\01 2019-06-26 Medina Chippewa Rd & Arrowhead Dr Project Devel_Visioning - WSB Proposal.docx · Recommended roadway geometric improvements · Intersection signing and pavement markings · Preliminary intersection control design (stop condition or roundabout) · Preliminary construction limits · Right-of-way needs · Access recommendations for each corridor · Public utilities (watermain, sewer) · Environmental permitting analysis The proposed concept plans will be prepared based on the City, County and State Aid design standards. It is assumed that existing survey information and/or Lidar information will be used to develop the concept layouts on aerial base mapping. This task will include preparation of a preliminary project cost estimate for the recommended improvements (final concept option). A review of the environmental components of the project will also be performed to determine what permits will be required for the anticipated impacts with respect to wetlands and floodplains. Task 6 – Recommendation/Report Preparation WSB will prepare a summary report documenting the data collection, traffic projections, traffic operations analysis methodologies and recommendations, concept layouts and the estimated improvement costs with an anticipated timeline. WSB would submit a draft report to the City for their review. WSB would then prepare a final report to incorporate any comments received from the City and present the report to the City Council. An analysis of potential assessments has not been included with this scope of services, but the report could be used as the basis for a feasibility study if the City decides to proceed with the MN Chapter 429 special assessment process at a later date. Task 7 – Agency Coordination/Meetings WSB will coordinate the preparation of the traffic analysis and concept plans with the City of Medina and all other impacted agencies though use of phone and email correspondence. In addition, this task will include five meetings; three with City staff; one with the Medina City Council at a work session to present the study methodologies and discussion of preliminary concepts; and an open house to present the study and receive comments from the public. The final work session with the City Council to review and approve the final study and concept plan will be included as a part of WSB’s existing retainer contract. ANTICIPATED PROJECT SCHEDULE Based on the above Scope of Work WSB will complete the Project Development / Visioning Study based on the following schedule: City Councils Authorizes Study .............................................................................................. July 2, 2019 Project Kickoff Meeting with City Staff ..................................................................... Week of July 8, 2019 Draft Analysis and Preliminary Concept Plan .................................................................... August 6, 2019 City Council Work Session .............................................................................................. August 20, 2019 Meeting with City Staff ....................................................................................... Week of August 26, 2019 Public Information Meeting .............................................................................................. October 8, 2019 Final Analysis and Concept Plan ................................................................................... October 18, 2019 Meeting with City Staff ..................................................................................... Week of October 21, 2019 City Council Meeting to Review Final Analysis and Concept Plan .............................. November 5, 2019 City of Medina – Chippewa Rd & Arrowhead Dr Project Development / Visioning – Proposal for Engineering Services June 26, 2019 Page 4 G:\Group Data\Municipal\Clients - Cities - Counties\Medina\Proposals\2019 Chippewa & Arrowhead Visioning\01 2019-06-26 Medina Chippewa Rd & Arrowhead Dr Project Devel_Visioning - WSB Proposal.docx PROPOSED FEE The estimated cost to prepare the Project Development / Visioning Study is based on the above Scope of Work and is as follows: Task Amount Task 1 – Project Management $ 2,288 Task 2 – Data Collection $ 2,131 Task 3 – Traffic Forecasts $ 2,283 Task 4 – Traffic Operations Analysis $ 3,487 Task 5 – Preliminary Design/Concept Plan $ 9,935 Task 6 – Report Preparation $ 2,748 Task 7 – Agency Coordination $ 3,124 Total Cost $25,996 WSB would invoice the City of Medina for the actual hours worked at each employee classification with the current WSB hourly rates up to the maximum of $25,996. No work in excess of the $25,996 will be completed without prior written approval from the City of Medina. A copy of the project task hour budget is attached for your reference. This represents our complete understanding and scope of the project. We are available to begin work immediately upon authorization. WSB appreciates the opportunity to provide the City of Medina with this proposal. As always, we are looking forward to working with you and your staff toward the completion of the project. Please feel free to contact me with any questions or concerns you have. Sincerely, WSB Jim Stremel, P.E. Senior Project Manager City of Medina: _________________________________ Authorized signature _________________________________ Title _________________________________ Date ES T I M A T E O F H O U R S A N D C O S T S Ch i p p e w a R o a d a n d A r r o w h e a d D r i v e Pr o j e c t D e v e l o p m e n t / V i s i o n i n g Ci t y o f M e d i n a Es t i m a t e d H o u r s Pr i n c i p a l / C l i e n t R e p / T r a f f i c E n g i n e e r i n g T e c h E n g i n e e r i n g T e c h Sr P r o j e c t M a n a g e r / S r P r o j e c t M a n a g e r D e s i g n E n g i n e e r C o n c e p t P l a n s T r a f f i c P l a n s T ot a l Tr a f f i c E n g i n e e r Ch u c k R i c k a r t Ji m S t r e m e l Ma l l o r i F i t z p a t r i c k Mi k e M o l i t o r Ma r y S c h w a r t z Ho u r s Co s t Ta s k N o . 1 P r o j e c t M a n a g e m e n t 4 1 0 14 2 , 2 8 8 . 0 0 $ 2 D a t a C o l l e c t i o n 1 4 5 6 1 6 2 , 1 3 1 . 0 0 $ 3 T r a f f i c F o r e c a s t s 4 1 1 2 1 1 8 2 , 2 8 3 . 0 0 $ 4 T r a f f i c O p e r a t i o n s A n a l y s i s 6 1 2 0 1 2 8 3 , 4 8 7 . 0 0 $ 5 P r e l i m i n a r y D e s i g n / C o n c e p t P l a n 8 8 4 4 1 8 6 9 9 , 9 3 5 . 0 0 $ 6 R e c o m m e n d a t i o n / R e p o r t P r e p a r a t i o n 4 4 8 2 2 2 0 2 , 7 4 8 . 0 0 $ 7 A g e n c y C o o r d i n a t i o n / M e e t i n g s 8 8 4 20 3 , 1 2 4 . 0 0 $ To t a l H o u r s 35 32 52 48 18 18 5 Ho u r l y C o s t s 18 2 . 0 0 1 5 6 . 0 0 1 0 5 . 0 0 1 3 9 . 0 0 1 3 9 . 0 0 De t a i l e d D e s i g n L a b o r C o s t s $6 , 3 7 0 . 0 0 $4 , 9 9 2 . 0 0 $5 , 4 6 0 . 0 0 $6 , 6 7 2 . 0 0 $2 , 5 0 2 . 0 0 25 , 9 9 6 . 0 0 $ Ch i p p e w a R d a n d A r r o w h e a d D r P r o j D e v e l _ V i s i o n i n g C o s t R e v i s e d 6/ 2 6 / 2 0 1 9 W_—___—_�_ Pro posed Ex tension Issue Location Issue Lo ca tion Lake Sarah Trail Extension MN TH55 & Hennepin Co unty Key Issues TH55 Access & Frontage/Backage Road Plan- 2007 Study Sa fety/Operatio ns at CSAH 19, Willow Dr, Mohawak Dr, Tamarack Dr, CR 116 & CSAH 101 Traffic Volumes- CSAH 19, CR 116, CSAH 101 Upgrade CR 116 from 8 to A Mino r Arterial Medina Key Issues Safety/O peratio ns at CSAH 18/CSAH 24, Sioux Dr/Hamel Rd, CSAH 19 Railroad Cro ssin g Downgra de Willow Dr from B minor arterial to a collector Upgrade from Local Street to Collector- Medina Rd, Hun te r R d, B rockton Ln , Chippewa Rd, Hackamo re Rd, Arro whea d Dr Bro ckton Ln Future Design Visio n with Plymo uth Hackamore Rd Future Design vision with Co rcoran Trails- Lake Sara East/West extension & CR 116 North/South Trail Intersection Improveme nts alo ng Bro ckton Ln between Hamel Rd & M edina Rd Intersection Impro veme nts at Meander Rd & Arrowhead Dr Data Source I Met Council 2015I M edina 2015 J Lake Ardmore Mo rris TB ake, rina La ke Spu me'? 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WSB Resolution No. Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-XX RECOGNIZING IVAN DINGMANN FOR SIXTEEN YEARS OF DEDICATED SERVICE TO THE CITY OF MEDINA IN THE PUBLIC WORKS DEPARTMENT AS HE RETIRES WHEREAS, Ivan Dingmann is retiring as of July 8, 2019 after serving the City of Medina as a highly valued Public Works employee; and WHEREAS, Ivan has been a full-time City of Medina employee in the Public Works Department for 16 years; and WHEREAS, Ivan Dingmann served the City in the Public Works Department as the Public Works Foreman for 11 years; and WHEREAS, Ivan has excelled as the Public Works Foreman, overseeing several large projects, such as the: Hamel Legion Park parking lot, Elm Creek trail crossing, Ardmore Ave and stormwater cleanup, and Fields of Medina volleyball court; and WHEREAS, Ivan’s strong leadership skills, his knowledge of infrastructure, his ability to read as-builts, training, and initiative, has kept the utility departments operating flawlessly, and WHEREAS, Ivan’s involvement in the park design, and maintenance has brought the city park and trail standards to a new level; and WHEREAS, Ivan has led the Public Works department for the common good of the City of Medina and residents have embraced him and his dedication to the community; and WHEREAS, the City of Medina expresses sincere gratitude for Ivan’s dedication and many years of service to the Medina community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges, thanks and wishes Ivan Dingmann the best of luck in his retirement. Agenda Item # 7A Resolution No. 2018- 2 Dated: July 2, 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 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. Daniel Munsell Page 1 of 2 July 2, 2019 Upland Buffer Easement Vacation 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 26, 2019 MEETING: July 2, 2019 City Council SUBJ: Daniel Munsell–Easement Vacation–3157 Wild Flower Trail–Public Hearing Summary of Request Daniel Munsell has requested that the City vacate the upland buffer easement located on his property at 3157 Wild Flower Trail and replace it with a smaller buffer easement. The original 35-foot wide buffer easement was around a small wetland located in adjacent open space owned by the City but extends into the property. Back in 2015, the owner requested, and the City approved, a vacation of the upland buffer easement under the condition that it be replaced with an easement slightly smaller. The reduction at that time was approximately 142 square feet, and the buffer remained 31 feet wide at the narrowest point, and was 35 feet wide for much of the buffer. This reduction allowed the applicant to leave a patio area which had been inadvertently constructed 4 feet into the buffer. The applicant is now seeking a further reduction to provide a larger lawn between the rear of the home and the buffer, which cannot be mowed. There is currently between 15 and 30 feet of space between the home and the buffer. The applicant argues, as they did in 2015, that City regulations would have permitted the buffer to be averaged so that it was narrower adjacent to the home site and wider in the open space, but it was not. The survey to the right shows the existing easement line in blue and the replacement easement line in pink. The applicant proposes to reduce the area of the easement from 1385 s.f. to 914 s.f. With the 142 s.f. reduction granted in 2015, the proposed easement would be approximately 60% of the original size. The proposed buffer would be reduced by 10 feet where the reduction is the largest and would be between 25 and 30 feet in width. Agenda Item # 8A Daniel Munsell Page 2 of 2 July 2, 2019 Upland Buffer Easement Vacation City Council Meeting Analysis According to Minnesota Statutes: “The council may by resolution vacate any [easement]…. or any part thereof, on its own motion or on petition of a majority of the owners of land abutting [the easement]…, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing…” As noted above, the City’s wetland protection ordinance allows the averaging of the width of upland buffers upon establishment. It is common for a developer or property owner to narrow the buffers in some locations and make up the difference in another location around the wetland. In this case, the developer did not average the buffer, and it was 35 feet around the entire small wetland. The wetland, and most of the adjoining buffer, is located in property which is owned by the City. Staff believes that, had the developer requested to do so in the first place, the City would have likely permitted wider buffers in the City property and reduced width on the subject site. As part of the review, staff reviewed whether it was possible to accommodate similar requests if other owners around the same wetland would make similar arguments for reduction. There is an existing trail on the City property which would prevent the buffer from being widened around some portion of the wetland. In this case, the buffer for this wetland is only adjacent to one other residential lot, and only touches the corner of the lot. As such, it does not appear that the current request would “use up” any other owner’s ability to request a similar reduction. Widening the buffer within the adjacent open space, although it would have been permitted at the time of subdivision, would not have much practical benefit. This area would have already been planned to remain undeveloped. Staff does not believe it is necessary for the City to grant itself an easement on the City-owned property if this vacation is approved. As a result, it is fair to say that approving the vacation would result in a net reduction of area protected around the wetland. However, staff believes it is likely that the averaging would have been approved if requested at the original time of subdivision. Potential Action Staff recommends that the Council first hold the Public Hearing which was noticed for the July 2, 2019 meeting. It could be argued that the vacation should be found to be in the public interest because the ordinance would have allowed this type of buffer width averaging at the time of subdivision. If the City Council concurs, the following motion could be made: Move to adopt the resolution vacating upland buffer easement on 3157 Wild Flower Trail. Attachments 1. DRAFT resolution 2. Survey showing location of existing and proposed easement Resolution No. 2019-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION VACATING UPLAND BUFFER EASEMENT ON 3157 WILD FLOWER TRAIL WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Daniel Munsell (the “Applicant”) owns property within the City at 3157 Wild Flower Trail (the “Property”) which is legally described as: Lot 1, Block 4, The Enclave at Medina 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, there exists on a portion of the Property an easement for Upland Buffer purposes; and WHEREAS, the Applicant has requested that the City vacate a portion of the easement on the Property; and WHEREAS, the Applicant has agreed to dedicate a replacement easement which is smaller than the existing easement; and WHEREAS, City regulations would have permitted the narrower width of the Upland Buffer when originally established; 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 held the public hearing on the proposed vacation on July 2, 2019, at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City determined that the vacation of the portion of the Easement on the Property is in the public interest, subject to acquisition of the replacement easement agreed to by the Applicant. Resolution No. 2019-## 2 DATE NOW, THEREFORE, BE IT RESOLVED by the city council of the city of M edina, Minnesota as follows: 1. Subject to the condition described below being satisfied, the City hereby declares that the portion of the easement described in Exhibit A to be vacated. 2. 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 Hennepin County Recorder the vacation of the easement only upon recording of the replacement easement. Dated: ______________________________ 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 vote being taken thereon, the following voted in favor thereof: And the following voted against same: (Absent:) Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019-## 3 DATE EXHIBIT A That Upland Buffer Easement which is located on property legally described as Lot 1, Block 4, The Enclave at Medina 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota; such Upland Buffer Easement being recorded in the office of the Hennepin County Recorder on March 12, 2015 with doc. No. A10170943. • co WETLAND BUFFER: Existing Buffer Existing Buffer to be removed Existing Buffer to remain Proposed Buffer to be added Total Proposed Buffer Area \ = 1,385 S.F. = 471 S.F. = 914 S.F. = 471 S.F. = 1,385 S.F. FDP O 't /_ WETLAND SE'LY LINE OF LOT 1, ss BLOCK 4 --'E'LY LINE OF LOT 1, BLOCK 4 HE* sEIBACK SEA TO BE ADDED - 471 SF / i NETLAND SETBACK 0 °A) MOST SE'LY CORNER OF ,/ LOT 1, BLOCK 4 -- \ J__ � —MOST S'LY CORNER OF LOT 1, BLOCK 4 Existing Drainage and Utility Easement Area 30 15 0 15 30 60 SCALE IN FEET Proposed Wetland Buffer Easement Area I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 6th day of February, 2015. SATHRE-BERGQUIST, INC. David B. Pemberton, PLS Minnesota License No. 40344 Pemberton@sathre.com SATHRE—BERGQUIST, INC. 150 South Broadway Ave. Wayzata, MN. 55391 (952) 476-6000 www.sathre.com Easement Exhibit Prepared For Daniel Munsell Date: 02/06/15 Revision Date: 01/09/15 Prepared By: DBP Check By: DBP Layout Sheet: WB ESMT EXHIBIT Project Number: 62905-001 Uptown Hamel Page 1 of 5 July 2, 2019 Zoning District Amendments 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 27, 2019 MEETING: July 2, 2019 City Council SUBJ: Uptown Hamel Ordinance Amendment Background The City’s 2020-2040 Comprehensive Plan made certain changes to the Uptown Hamel land use. Staff has identified a series of changes which are necessary for the Uptown Hamel zoning district to make the regulations consistent with the Comprehensive Plan. The attached ordinance proposes limited changes to the Uptown Hamel zoning regulations. The primary change would update the allowed density of residential development to 4-15 units per acre. Staff has recommended a small amount of other technical changes. The City intends to complete a broader review of the Uptown Hamel regulations as part of the public engagement, visioning, and discussions which began this winter. This process will continue with additional outreach in the coming months and will likely result in additional changes to the regulations. However, staff recommends adoption of the attached ordinance in the meantime to achieve consistency with the density described in the Comp Plan. Comprehensive Plan Information The Uptown Hamel land use applies to property along Hamel Road east of Hunter Drive to the eastern City border at Brockton Lane. The land use also applies to the property at 492/500 Hamel Road, which is located north of Hamel Road and west of Hunter Drive. A map of the area guided Uptown Hamel can be found at the top of the following page, shown in dark purple. The Comprehensive Plan describes the Uptown Hamel land use as: “Uptown Hamel (UH) the Uptown Hamel land use allows residential and commercial uses to be mixed on adjacent sites and to be mixed within the same building or property. Residential development in this designation may be between 4.0 and 15.0 units per acre. The Uptown Hamel area is served by urban services.” (page 5-7) The Plan establishes the following objectives for the Uptown Hamel land use: “The Uptown Hamel land use allows for a mix of residential and commercial uses to create a vibrant, walkable, and attractive place; a place to shop, work and live. Objectives: 1. Allow a mix of residential and commercial uses to co-exist on adjacent parcels as well as within the same structure or on the same parcel. Uptown Hamel is intended to provide flexibility in terms of residential and commercial uses. As a result, it is difficult to project Agenda Item # 8B-1 Uptown Hamel Page 2 of 5 July 2, 2019 Zoning District Amendments City Council Meeting future uses in the area, but it is estimated that approximately 40% of the land will be utilized for residential purposes, 40% for commercial uses, and 20% for office uses. 2. Consider alternatives for meeting parking requirements including parking in the rear of buildings, shared parking, on-street, underground, or ramp parking. 3. Use building standards that enhance and maintain the small town heritage and traditional small-town look including brick facades, traditional street lighting, and overhangs over the sidewalk, boardwalks, and the like. Establishment of design guidelines to support this objective. 4. Involve residents, businesses, community groups and other stakeholders in the planning of these areas. 5. Create master plans for mixed-use areas to ensure integration of uses and responsiveness to adjacent land uses. 6. Establish design criteria for platting and developing site plans which will be compatible with surrounding physical features, existing land uses and the preservation of ecologically significant natural resources. 7. Encourage underground or structured parking through flexibility to standards, including increased residential density up to 20 units per acre. 8. Emphasize resident and pedestrian safety. 9. Require utilities to be placed underground wherever possible for reasons of aesthetic enhancement and safety. 10. Regulate noise, illumination, and odors as needed to maintain public health and safety.” Uptown Hamel Page 3 of 5 July 2, 2019 Zoning District Amendments City Council Meeting Proposed Amendments Elimination of Two Subdistricts Uptown Hamel is currently zoned either Uptown Hamel-1 (UH-1) or Uptown Hamel-2 (UH-2). The difference between the two districts was that UH-1 required residential development in excess of 10 units/acre. This was intended to provide at least a minimum amount of higher density housing which was required under the previous Comprehensive Plan. The updated Comprehensive Plan intends to “provide flexibility in terms of residential and commercial uses” and lowers the allowed residential density to 4-15 units/acre (up to 20 with underground parking). To provide the flexibility described in the Plan, staff recommends removing the requirement that certain parcels include residential developments. If this requirement is removed, there would no longer be a reason to have two separate districts. As proposed, any parcel would be permitted to be developed with commercial or residential uses (within the full density range). This would include the possibility of mixing residential and commercial uses within a single parcel or building. Pages 1-14 and 26-30 of the attached ordinance delete the two subdistricts. The common set of requirements which would remain are included on pages 15-26. The City would then need to rezone all of the parcels into this single district. Staff has prepared the rezoning ordinance, a separate hearing for which will be held later in the meeting. Residential Density Under the previous Comprehensive Plan, a minimum amount of residential development was required in Uptown Hamel and the allowed density range was higher (7-40 units/acre). The proposed amendment adjusts the allowed density to 4-15 units per acre, with up to 20 units/acre if underground parking is provided. The density regulation is achieved through a minimum and maximum “lot area per dwelling unit” in the middle of page 17. The minimum of 2,904 square feet per dwelling unit is equivalent to 15 units/acre (43,560/15=2,904) and the maximum of 10,890 square feet per dwelling unit is equivalent to 4 units/acre (43,560/4=10,890). The section allows a reduction to 2,178 square feet per dwelling unit (20 units/acre) if at least one underground parking stall per unit is provided. The ordinance also allows residential units within mixed use developments to be at lower density, intended to allow an upstairs apartment above a commercial use. Removal of Sauna Manufacturing as Interim Use Current regulations include this use as an Interim Use. A sauna manufacturer was previously located in the building at 52 Hamel Road, and staff believes the intent was not to cause the use to become nonconforming, even though the use may not have fit with the vision of Uptown Hamel as a mixed use area. Now that the use is no longer on the property, nonconformity is no longer a concern. Uptown Hamel Page 4 of 5 July 2, 2019 Zoning District Amendments City Council Meeting Zero Lot Line Setbacks Uptown Hamel currently allows a zero side lot line setback. The intent is to allow buildings to be constructed with a continuous frontage. Staff has recommended language clarifying that the setback is 8 feet unless constructed with a zero setback. Review Process The Uptown Hamel district requires more public review than other zoning districts in the City. Staff believes these processes have the potential of adding cost and time and deterring improvements on property. All “development, expansion, remodeling, or redevelopment” require review of a concept plan review. This extra step would add an additional $1000 cost and an additional 45-60 days to the process. Staff has suggested language which would state that the concept plan is “recommended” rather than “required.” Staff also recommends removing remodeling from the concept plan. Similarly, the district has a lower threshold for when an owner is required to obtain formal Site Plan Review approval, including review by the Planning Commission and City Council. For example, Site Plan Review would be required if an owner wanted to install a different material of siding on a building. This process would, again, add additional cost and time to the process. Outdoor Dining The Uptown Hamel districts currently include the following requirements for Outdoor Dining/Drinking/Entertainment Areas: i) 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. ii) The outdoor dining/drinking/entertainment area shall not be larger than one- half of the inside seating area. iii) 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. iv) 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. v) 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. The first two limitations were recently discussed in relation to Charlie’s Restaurant. 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. 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 Uptown Hamel Page 5 of 5 July 2, 2019 Zoning District Amendments City Council Meeting 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.” 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. Planning Commission Recommendation The Planning Commission held a public hearing on the ordinance at the June 11 meeting. No one spoke at the hearing. Minutes from the meeting are attached for reference. Planning Commissioners supported the changes related to residential density, removing the requirement that certain parcels develop with residential, and eliminating the two districts. The Planning Commission also recommended making the review process more streamlined and removing the requirement for 20 inside seats in order to allow outdoor seating. Following discussion, the Planning Commission recommended approval of the attached ordinance. Potential Action After the City Council has completed its review, the following motion could be made: 1. Move to adopt the ordinance amending the requirements of the Uptown Hamel Zoning District. 2. Move to adopt the resolution authorizing publication by title and summary Attachment 1. Ordinance 2. Resolution to Publish by Title and Summary 3. Excerpt from draft 6/11 Planning Commission minutes Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING THE REQUIREMENTS OF THE UPTOWN HAMEL ZONING DISTRICT; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 834 of the code of ordinances of the City of Medina is deleting in its entirety as follows CHAPTER 8 LAND AND BUILDING REGULATIONS 834. ZONING – UPTOWN HAMEL DISTRICT Section 834.01. Purpose. To create a distinctive Uptown Hamel district that is an attractive, pedestrian-friendly, mixed use town center, by using building facades, porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail, office, housing, specialty shops, and gathering spots into a unified and viable community. Section 834.02. Permitted Uses. Within the Uptown Hamel Zoning District the following shall be permitted uses subject to site plan approval and other provisions of this district. A combination of the following uses is allowed. Public Uses. 1. Park and Open Space 2. Library 3. Post Office 4. Fire Station 5. Other Public Buildings Residential Uses and Related Uses. 6. Detached Single-Family Dwellings 7. Two-Family Dwellings 8. Apartment Units 9. Multiple Family Dwellings/Condominiums 10. Bed and Breakfast Inns 11. Hotel – Motel 12. Day Care and Day Nursery Office, Retail, Services Uses. 13. Antique or Gift Shop 14. Appliance Store 15. Art and School Supply 16. Art Dealers 17. Artists’ Studios 18. Auto and Marine Sales (indoor only) 19. Bakery or Pastry Shop 20. Banks and Financial Institutions 21. Bicycle Sales and Repair Shop 22. Bowling Alley 23. Building Material and Garden Equipment and Supply Dealers 24. Business, Commercial, or Trade Schools 25. Camera, or Photographic Supply Store 26. Candy, Ice Cream, Soft Drinks, or Confectionery Stores, Excluding Drive-In Type of Service 27. Canvas and Canvas Products 28. Carpet and Rug Stores 29. Clothing and Clothing Accessories Stores 30. Clubs and Lodges 31. Coin Store Ordinance No. ### 2 DATE 32. Computer Stores 33. Costume Rental 34. Craft Shop, including products made on-site 35. Dance Studio and Dance School 36. Delicatessen 37. Dairy Store 38. Discount Store 39. Drug Store 40. Dry Cleaning and Laundry Services 41. Electrical Appliance Store 42. Electronic Shopping and Mail-Order Establishment 43. Electronics Stores 44. Florists 45. Food and Beverage Stores 46. Furniture and Home Furnishings Stores 47. Game Store 48. Gift Shop 49. General Merchandise Stores 50. Grocery Store 51. Hair, Nail and Skin Care Services 52. Hardware Store 53. Health and Personal Care Stores 54. Hobby Store 55. Ice Cream-Frozen Dessert Sales 56. Interior Decorating Studio 57. Jewelry Store 58. Launderettes or Self-Service Laundries 59. Leather Goods and Leather Shop, but not Tanning 60. Liquor Store, On and Off Sale 61. Loan and Finance Companies (but not a Pawn Shop) 62. Locksmith 63. Meat Market, for Retail Sales on Premises Only 64. Medical Offices 65. Medical Supply Store 66. Motor Vehicle and Parts Dealers 67. Museums and Cultural Centers 68. Music Store 69. Music Studios 70. Newsstand 71. Office 72. Office Supplies, Stationery 73. Optical Laboratory 74. Other Personal and Household Goods Repair and Maintenance (Tailor Shop) 75. Pet Supplies Stores 76. Philatelic Store 77. Photography Studio 78. Picture Framing Shop 79. Plumbing 80. Pottery and China Sales 81. Print Shop 82. Printing and Publishing 83. Repair of Household Goods 84. Restaurants, but not Drive-In Type 85. Sauna Sales 86. Secretarial and Word Processing Services. 87. Sewing Machine Sales and Service Shop 88. Shoe Store 89. Shoe and Leather Goods Repair Shop 90. Sporting Goods Store 91. Sports and Health Clubs 92. Taxidermy Shop 93. Telephone Booth (Outside) 94. Television and Radio Store and Repair Store 95. Theater, Excluding Drive-In Type of Service 96. Tobacco Stores 97. Toy Store 98. Transit Station 99. Travel Services 100. Upholstery Shop 101. Used Merchandise Stores 102. Variety Store 103. Video Store Section 834.03. Conditional Uses. Within the Uptown Hamel Zoning District, no structure or land shall be allowed for the following uses except by conditional use permit and subject to other provisions of this district. (1) Drive-In Service Businesses (2) Mortuary or Funeral Home Ordinance No. ### 3 DATE (3) Pet Shop (4) Auto Repair, Minor (5) Tire, Battery, and Muffler Stores (6) Electronic and Computer Manufacturing (7) Essential Public Utility and Service Structures (8) Religious Institutions - Including an Existing Cemetery (9) Wholesale Showroom (10) Sauna Manufacturing and Assembly (11) Outdoor Dining - Drinking Containing More than 200 Square Feet (12) Small Scale Light Manufacturing of Products for On-Site Retail Sales (13) Electrical and Other Skill Trades Provided there is no Outside Storage (14) Off-Street Parking Lot or Ramp Section 834.04. Accessory Uses. Within the Uptown Hamel Planned Unit Development District the following accessory uses shall be allowed subject to site plan approval and other provisions of this district. (1) Off-Street Parking and Loading (2) Signs (3) Home Occupation (4) Temporary outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use, provided that the goods are not outdoors overnight and the storage or display area does not exceed 100 square feet. (5) Outdoor Eating and Refreshments, Provided the Area Contains 200 Square Feet or Less. (6) Outdoor Recreational Sport Courts. Section 834.05. Lot, Setback and Building Size Requirements. The following requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 1. Minimum Lot Area: No Minimum. Subd. 2. Minimum Lot Width: No Minimum. Subd. 3. Minimum Front Yard Setback: None, unless an easement or other similar dedication/area is needed for pedestrians, utilities, street, or similar purpose which may be shown on the Uptown Hamel Concept Plan for the area or for the block in which the property is located. Subd. 4. Maximum Front Yard Setback: All principal buildings shall be located within 10 feet of the front lot line, unless the parcel has more than two acres and more than one principal building. Subd. 5. Minimum Side Yard Setback: None, if the outside wall has no openings. An eight foot setback is required, if there are openings, windows and doors, in the side wall Ordinance No. ### 4 DATE and where appropriate to provide pedestrian – plaza space to link buildings, sidewalks, plazas, parking, and similar functions. Subd. 6. Minimum Rear Yard Setback: Twelve feet or a lesser or greater amount to provide access and loading for people and goods, fire access/control or to meet other ordinance requirements. Subd. 7. Building Size: No business building or business use shall have a ground floor area greater than 20,000 square feet. Subd. 8. Minimum Lot Size per Dwelling: The minimum lot area per dwelling unit shall meet the following requirements: Subd. 9. Impervious Cover. Impervious cover must be consistent with the following table, provided that parcels larger than two acres may be required to provide on-site ponding to accommodate run-off from proposed development on the site. Land Use Designation in Uptown Hamel Concept Plan Maximum Percentage of Impervious Cover Allowed Single Family 40 Multi-Family Residential 90 Retail/Business 90 Railroad 20 Institutional 20 Section 834.06. Uptown Hamel Concept Plan. In general, the regulations governing the Uptown Hamel Zoning District consist of all the provisions in this ordinance and the Uptown Hamel Concept Plan, which is hereby made a part of this ordinance to provide guidance in preparing, evaluating, reviewing and approving plans in this district. The following maps and illustrations are included Uptown Hamel Concept Plan Map Uptown Hamel Concept Plan Illustrative Map Uptown Hamel Concept Plan Illustrations Section 834.07. Design and Development Standards. Design and developments standards are established for this district to achieve an attractive, liveable and viable town center consistent Land Use/Density Designated on Uptown Hamel Guide Plan Minimum Lot Area per Dwelling Unit Single-Family 5,000 square feet Multi-Family 1,000 square feet Ordinance No. ### 5 DATE with the purpose of this district and to assure that land uses, buildings and functions are compatible within the district. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. The plans and proposed use of a property shall conform to the design and development standards prior to approval of a construction or land use permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Public Places: (a) Plazas. Plazas or small extensions of the sidewalk into or on private property are encouraged especially at key focal points and selected locations as shown in the Uptown Hamel Concept Plan. 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 (the same as or compatible with the lights in the Uptown Hamel Concept Plan), and decorative trees, shrubs and flowers with emphasis on providing a variety of color, texture, and form throughout the year. Electrical services and other utilities within the plaza shall be underground. Outlets for decorative/festive lighting and for other social and business activities shall be provided, and rain gardens (any slight depression containing deep-rooted perennial plants that captures and holds runoff) are encouraged. 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 tower, gazebo, water fountain, etc. Water spigots for cleaning and watering trees and plants should be conveniently and discretely provided. (b) Hamel Legion Park. This park has an important complementary role. The park brings in many people for active and passive recreation who might not otherwise be exposed to Uptown Hamel. Joint use of Uptown Hamel parking lots during festivals and park events is encouraged. Trail facilities in the park will link to the pedestrian system in Uptown Hamel. Community buildings or other principal buildings in the park shall conform with the Building – Architectural Standards for this district. (c) Monuments. Monuments, sculpture and similar art works are encouraged in public and private plazas to enhance the setting and to contribute to the pedestrian- friendly, livability of the town center. Subd. 2. Buildings - Architectural Standards: (a) 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 as shown on Ordinance No. ### 6 DATE the Uptown Hamel Concept Plan and in the Uptown Hamel Illustrations. Elements of compatibility include, but are not limited to, building height; form; mass and bulk; fenestration; exterior materials including appearance, color, durability, character and detailing; setback; landscaping; exterior lighting and site improvements. (b) 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. (c) New Building and Major Expansions. New buildings and major expansions of existing buildings should be compatible with adjacent and nearby buildings. Buildings shall be designed and oriented consistent with the Uptown Hamel 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 loss of the view may be an unintended but justified result when development takes place consistent with other provisions of the Uptown Hamel Zoning 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. (d) Integrate – Coordinate. New buildings, structures, remodeling and expansion shall be consistent with the Uptown Hamel Concept Plan and 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; and utilitarian functions which are to be totally screened from view or which are contained within the building and which include loading, trash, and mechanical and electrical equipment. (e) 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. New porches, arcades or similar structures which overhang or extend into the right-of- way may be allowed by the City through approval of the plan. The property owner may be required to obtain a license from the City or to execute an agreement with the City governing its use, maintenance and other factors. Design criteria/guidelines include: Height: If it projects into the public right of way, a pedestrian clearance of at least 7.5 feet and a height consistent with the architecture of the building shall be provided. Ordinance No. ### 7 DATE Width: At least 6 feet. Columns: Shall be traditional in design and made from durable materials such as finished anodize metal, wrought iron or wood in a color compatible with the building. Wood columns must be cedar or redwood lumber, at least 6 inches by 6 inches, which may be stained or painted. Roof: Shall be durable and meet the wind and snow loads required by code. Slopes should be to the street and away from the pedestrian. (f) Height. New Building height shall not exceed three stories, except on some sites, a fourth story may be allowed. Along all street frontages and park property lines, building heights exceeding two stories shall have the third story set back at least six feet from the front line of the building, and the fourth story shall be set back 12 feet from the front line of the building. Basement levels shall not be considered a story, so long as more than 50 percent of the basement structure is below grade at the average of all areas around the building. Total building height shall not exceed 50 feet, except structures such as belfries, chimneys, flues, monuments, cupolas and domes which do not contain living space, are permitted, provided they are not higher than 10 feet above the height of the building. (g) Materials. Exterior materials shall consist of one or more of the following: natural brick, stucco, stone, wood and glass. Treated or anodized metal may be used for trim. (h) Roofs. Roofs may be pitched, mansard, or flat. Flat roofs shall have an architectural treatment (a “cap”) of an acceptable design. On pitched roofs, materials and colors must be compatible with the district. All roof run-off must drain onto the property that creates the run-off. Rain gardens (any slight depression containing deep-rooted perennial plants that captures and holds runoff) are encouraged. (i) Equipment. Equipment shall not be mounted on the roof unless it can be demonstrated that there is no other reasonable alternative. If allowed, rooftop equipment shall be screened using the architectural elements and material from the building provided they are consistent with these design standards. (j) Fenestration – Modulation. Windows and openings shall be generous especially on the street side and their placement and design shall express pedestrian-friendly, livability of the town center. To this end, third stories or higher will be tiered back from the street a minimum of six feet per story. Building faces and layout shall be modulated to avoid long building walls without breaks and monotony. At the street level, at least 30 percent of the façade should be glass in windows (including glass in doors.) Ordinance No. ### 8 DATE (k) Landscaping and Setbacks. At least 5 percent of the site shall be plaza or landscaped. Landscaping shall consist of a combination of: decorative deciduous and coniferous trees, shrubs, flowers, ground covers and rain gardens (any slight depression containing deep-rooted perennial plants that captures and holds runoff). Landscaped areas and pockets shall be delineated and separated by any of the following: curbing, decorative fencing, decorative walls, planter boxes, containers, “cut outs” in a plaza, or by similar means. An approved plaza in which at least 20% of the plaza is open to the ground allowing full penetration of water into the ground can be counted to meet this requirement. All that part of the site not taken up by buildings, walks, or plazas or approved parking and loading shall be landscaped. Grades and drainage must meet City requirements. (l) Fences and Walls. Fences and walls shall be decorative using a traditional design and may be used to delineate and separate spaces and to protect topographic change. Fence material shall be wrought iron, anodized steel or aluminum, or wood. Walls shall be made of brick, concrete brick, decorative block, cedar or redwood or stucco on concrete. Fences and walls shall not be located to prevent desirable access through areas and shall be located consistent with the Uptown Hamel Concept Plan. (m) (Reserved – Deleted by Ordinance 410) (n) Utilities. All utilities serving the buildings and facilities shall be underground. (o) Recycling and Trash Facilities. All materials and facilities for recycling and trash shall be kept inside the principal buildings or within a completely screened area. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building, and 2) meet the architectural and development standards of the district. (p) Hazardous Material. Provisions for storage of hazardous materials must be included in the building and be identified on the plans. (q) Other Materials. All storage of other materials shall be stored inside the building in a suitable area in accordance with the approved plan. (r) Off – Street Parking. 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. 4) A need to retain continuity of buildings fronting on Hamel Road and in the future on Sioux Drive and a preference for “infill” on Hamel Road to be buildings, not parking. In providing this flexibility, the City will consider the use and need for parking, amount of off-street parking provided, the amount of nearby on-street parking, public parking lots, if any, peak parking demands for the use, joint use of parking, and Ordinance No. ### 9 DATE other relevant factors. In granting a parking reduction, concern for the overall benefits to Uptown Hamel will be considered as well as use and enjoyment of adjacent properties and economic impacts. (s) Parking Lots in Front of Buildings are Prohibited. Except for parcels containing two or more acres and having more than one principal building, there shall be no parking between the principal building and 1) the front property line and 2) the side lot line abutting a street. (t) Loading Docks. Due to the age, scale of development, and the limitation on building bulk, providing a loading dock is optional. However, access to adequately handle goods and materials must be provided on the site. A rear entrance for loading is favored over loading from the side or front. Loading docks shall have a 9-ton capacity, dustless, all-weather surface. (u) Outdoor Storage of Commercial Vehicles. Outside storage of one commercial vehicle not to exceed 12,000 lb. of gross vehicle weight and not more than 24 feet in length shall be permitted for each 5,000 square feet of gross floor area in the principal structure provided such vehicle has a current and valid license, is in operable condition, is for use on the public streets, is actively used for the approved use on the site and is moved on a daily basis when the use is open for business. (v) There shall be no outdoor storage of trash, trash containers, or debris of any kind. Subd. 3. Townhouses, Apartments, and Condominium Units. (a) Preservation. Natural features and site amenities such as the wooded area called The Preserve in the Uptown Hamel Concept plan shall be encouraged to be preserved. (b) Building Placement. To the extent possible, buildings shall be located consistent with the results of a site analysis and the existing grades of the land and the location of trees and other environmental features. (c) Grades. The grade of a private roadway, driveways and parking lots shall that exceed 5 percent, must be approved by the city engineer. (d) Fire Lanes. Lanes for fire access shall be provided as determined necessary by the City Fire Code. (e) Underground Parking. For efficiency, benefit of the residents, and to conserve land, buildings shall provide for inside parking at a ratio of at least one space per dwelling unit. (f) Parking. Parking lots shall have landscaping including berming where appropriate along the outside edge. Parking bays shall, where appropriate, have landscaped islands and decorative lighting. Small-scale parking lots are preferred over large Ordinance No. ### 10 DATE lots. Parking of more than 20 passenger vehicles in a row shall be broken up by a landscaped island or a landscape feature. (i) Screening – Screening shall be required where: (1) Any off -street parking area contains more than six parking places and is within 30 feet of an adjoining residential zone. (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone or a single-family development. (ii) Sidewalks shall be provided from parking areas, loading zones and recreation areas to the building entrances. (g) Outside Storage of Trash, Boats or Special Vehicles. There shall be no outside storage of trash or debris except when stored in trash containers and fully screened from view. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building, and 2) meet the architectural and development standards of the district. All special vehicles including, but not limited to, unlicensed vehicles, recreational vehicles, motor homes, camping trailers, other trailers, boats, jet skis, snowmobiles, lawn tractors, and all terrain vehicles shall be stored in a building. (h) Sidewalks and Trails. Complete plans shall be provided for proposed sidewalks and trails to serve parking, recreation and to serve areas within the proposed development and to link the City’s system. Subd. 4. Public and Private Parking Lots and Ramps: (a) Surfacing. Surfacing shall be a minimum of 7-ton capacity. Parking areas for infrequent parking such as for special events or for infrequent use, for example fewer than 20 times per year, may use grasscrete or similar materials or techniques and remain in conformance with this provision. Such materials shall not be considered impervious if at least 50 percent is exposed grass or similar landscaping. (b) Aisles. Aisles shall be at least 20 feet wide, grades shall not exceed 4 percent. (c) Landscaping. At least 3 percent of the lot shall be landscaped. (d) Concrete Curbing. For protection and separation, the perimeter of the lot shall have poured in place concrete curbing (or the equivalent) measuring at least 4 inches above grade and 6 inches below grade. (e) Striping. Parking lots shall be striped to provide at least 9 feet of width and 18 feet of depth for each vehicle for 90 degree parking. (f) Driveways. Driveways shall be designed to match the sidewalk grade. Ordinance No. ### 11 DATE (g) Allowable Car Overhang. Cars may overhang into a portion of the landscape area but the design shall not allow for cars to overhang into the public street or sidewalk. (h) Landscape Watering. Provisions for watering the landscaped areas shall be considered in the design. (i) Pedestrian Movement. Provisions for pedestrian movement into and through parking lots where required shall be included. Patterned pavement, decorative lighting and associated facilities shall be provided as may be appropriate. (j) Handicapped parking and ADA requirements shall be met. (k) Parking Ramps. Up to two levels of parking above grade may be allowed provided it is consistent with the scale of the development in the area and provided it meets the architecture standards including materials and other design standards of the district. Subd. 5. Other: (a) Buffers. Buffers may be required between different land uses or different functions such as commercial abutting residential or a loading dock/area abutting an office. Buffers are to be achieved by using any of the following: landscaping, decorative walls, decorative fencing, or landscaped berms. (b) Outdoor Speakers. All forms of outdoor speakers are prohibited, except for financial institutions. Subd. 6. Additional Design and Development Standards – Conditional Uses: The following additional design and development standards are identified for the uses listed below. Standards in addition to those listed below may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Drive-In Service Businesses. (i) No drive-in service shall be provided between the hours of 10:00 p.m.and 6 a.m. (ii) All trash and debris shall be stored inside the building in an appropriately designed area preferably at or near the loading-unloading area. (iii) No new drive-in service shall have a drive way within: (1) 100 feet of an improved intersecting street (2) 300 feet of State Highway 55 (3) 100 feet of an active railroad track (4) 100 feet of an area designated as Single-Family Transitional Area. (b) Mortuary or Funeral Home. (i) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. Ordinance No. ### 12 DATE (c) Pet Shop. i) No outside space shall be used for showing or keeping animals. ii) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. (d) Auto Repair, Minor and Tire, Battery, and Muffler Stores. i) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the City. (e) Electronic and Computer Manufacturing. i) Equipment specifications and impact information such as vibration and noise reduction may be required by the City. ii) At least some portion of the ground floor, adjacent or oriented to the street shall be considered for retail sales or service. (f) Essential Public Utility and Service Structures. i) Such uses shall not be of an industrial nature unless it can be demonstrated to the City’s satisfaction that such uses cannot be located in a more suitable location and the function of the use must be to serve Uptown Hamel. ii) Building placement, designs, materials, and architectural treatments, must be consistent with this ordinance including the Uptown Hamel Concept Plan. (g) Religious Institutions – Including an Existing Cemetery. i) Shared parking options shall be considered when a proposed expansion requires more off-street parking. ii) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. (h) Wholesale Showroom. i) No additional standards (i) Sauna Manufacturing and Assembly. i) No additional standards (j) Outdoor Dining/Drinking Areas Containing More than 200 Square Feet. i) Shall be allowed only in connection with a restaurant or bar which has inside seating for at least 20 people. ii) The outdoor dining/drinking areas shall not be larger than one-third of the inside seating area. iii) The outdoor dining/drinking areas shall be delineated by decorative fencing, landscaping, building walls or some combination of these or similar features. iv) 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. Ordinance No. ### 13 DATE (k) Small Scale Light Manufacturing of Products for On-Site Retail Sales. i) No additional standards (l) Electrical and Other Skill Trades Provided there is no Outside Storage. i) There shall be no outdoor storage of supplies, equipment, salvage, reusable or recycling material or trash. Section 834.08. Review and Approval Process. Subd. 1. Concept Plan: Although submittal of a concept plan is not required, the City will accept a concept plan for development, expansion, remodeling, or redevelopment of property in Uptown Hamel. The purpose of such plans and review thereof is to provide the applicant with preliminary review and comment regarding the proposal. Concept plans should include property data, existing and proposed structures, the location and nature of the proposed change, nearby conditions, and other information appropriate for this level of review. The concept plan will be submitted to the planning commission for its informal review. Review by the planning commission shall be non-binding and shall not be a substitution in whole or part for any other review or action required by this Ordinance. Subd. 2. Minor Changes to Permitted Uses and Accessory Uses: The following changes can be approved by City staff upon a written finding and filing the report in the property file that the proposal meets the requirements of the district. (1) Change in the use of the property if the use is less intense and a more restrictive use, except to convert a use to a residential use or a residential related use. (2) Expansion of an existing building by less than 500 square feet of floor area in a single year. (3) Changes of less than 500 square feet to the exterior walls or surface of the building. (4) Expansion of the parking lot by less than 4 spaces or less than 2,000 square feet, whichever is less. (5) Outdoor lighting changes involving 2 or fewer light poles or wall mounted fixtures without changing the type of lighting. (6) Changes to the topography involving less than 1 foot in elevation or less than 5,000 square feet of lot area. (7) An addition to an exposed piece of rooftop equipment if the addition is less than 64 cubic feet. (8) Signs containing 24 square feet of sign area or less. The decision and action taken by the City staff may be appealed by the applicant seeking approval under this section. The City Council shall consider appeals filed under this section. Action taken by the City Council shall be considered final. Ordinance No. ### 14 DATE Subd. 3. Changes Which are not Minor to a Permitted or Accessory Use – Site Plan Review Procedure: Site Plan. A site plan shall be prepared for development, expansion or change in use of the property. Buildings shall be designed and oriented consistent with the Uptown Hamel Zoning Ordinance. All changes shall be reviewed pursuant to the site plan review procedures specified in Section 825.55 of the Zoning Ordinance. Subd. 4. Conditional Uses: Conditional uses and any changes to conditional uses shall follow the conditional use permit procedure specified in Section 825.39 of the Zoning Ordinance. Section 834.09. Implementation. Implementation shall be accomplished by adhering to the provision of this ordinance and the Comprehensive Plan. In addition, the City intends to encourage and foster implementation through pursuing one or more of the following: (1) Promotion of the Uptown Hamel Concept Plan to the public. (2) Through design and scheduling of capital improvements which help achieve the spirit and intent of this ordinance. (3) Through encouragement of changes along Trunk Highway 55 and the railroad right- of-way consistent with the Uptown Hamel Concept Plan. (4) By considering a wide range of funding methods, options, and alternatives to assist the City and property owners in implementing the Uptown Hamel Concept Plan. (5) Providing design assistance to owners proposing or contemplating new construction on their property. (6) Providing assistance to owners and tenants in changing, using, expanding, remodeling, and undertaking new construction of their property in a manner which meets or exceeds the spirit and intent of this ordinance. Ordinance No. ### 15 DATE SECTION II. Section 834.01 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: CHAPTER 8 LAND AND BUILDING REGULATIONS 834.1. 834. ZONING – UPTOWN HAMEL – 1 DISTRICT Section 834.1.01. Purpose. The purpose of this Section is to create a distinctive Uptown Hamel area that is an attractive, pedestrian-friendly, mixed-use town center, by using building facades, porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail, office, higher-density housing, specialty shops, and gathering spots into a unified and viable community. All new development within the Uptown Hamel-1 district shall include at least 10 residential units per net acre in order to achieve the density described by the Mixed Use-Business land use described with the city’s Comprehensive Plan. Section 834.1.02. Permitted Uses. Within the Uptown Hamel-1 district the following shall be permitted uses subject to site plan approval and other provisions of this district. A combination of the following uses is allowed on a particular parcel but not required. All new development must include a residential component with a density of at least 10 residential units per net acre. Uses which are not specifically listed but are determined by the city to be substantially similar to a use that is excluded below shall not be permitted. (1) Residential Dwellings, subject to minimum and maximum lot area per unit requirements contained herein with a density of greater than 10 and up to 45 units per net acre (2) Office Uses (3) Retail Uses, except Pawn Shops and Adult Establishments (4) Service Uses, except Rental Centers, Hospitals, Animal Hospitals, Adult Establishments, Services delivered off-site, including but not limited to, building/lawn contractors, electrical and other skills trades and pest control, and Services related to automobiles (5) Public Off Street Parking Lot or Ramps, subject to the standards established under Section 834.1.07. Subd. 2. (6) Public Services (7) Parks and Open Space Section 834.1.03. Conditional Uses. The following uses are allowed in the Uptown Hamel -1 district by conditional use permit. A conditional use must include a residential component that has a density of 10 – 45 units per net acre. (1) Drive-In Service Businesses (2) Pet Shop (3) Veterinary Clinic (4) Nursing Home, Assisted Living, or Memory Care Facility, if it meets the residential density requirements of the UH-1 district (5) Essential Public Utility and Service Structures (6) Outdoor Dining, Drinking or Entertainment area Formatted: Left, Indent: Left: 0.42", No bullets ornumbering Ordinance No. ### 16 DATE Section 834.1.04. Accessory Uses. Within the Uptown Hamel-1 district the following accessory uses shall be allowed subject to site plan approval and other provisions of this district. (1) Off-Street Parking and Loading (2) Signs (3) Home Occupations (4) Temporary Outdoor Display of Goods used in conjunction with and on the same site as the permitted use or conditional use, provided that the goods are not outdoors overnight and the storage or display area does not exceed 100 square feet. (5) Outdoor Recreational Sport Courts, which are only permitted as accessory uses with conditions. (6) Solar Equipment, if affixed to a structure, and in compliance with Section 828.09 subd. 1 of the City Code. (7) Brewing, Distilling, and Similar Uses, provided such production does not exceed 50% of the floor area and provided such activities are accessory to on-site sales or consumption. Section 834.1.05. Interim Uses. Within the Uptown Hamel-1 district, the following interim uses, if existing prior to the effective date of this ordinance, shall be allowed without obtaining an interim use permit until such time as the property is redeveloped. If an interim use is damaged or destroyed by fire, storm, or other hazard, it may be reconstructed without obtaining an interim use permit, if a building permit is applied for within 180 days of the event causing the damage. Expansion of the use or improvement of the property in an amount greater than 50 percent of its current value shall be permitted only by interim use permit. (1) Residential dwellings which do not meet the minimum density requirements of the Uptown Hamel-1 district. (2) Minor Auto Repair. (3) Electrical and other Skill Trades provided there is no outside storage. (4) Sauna Manufacturing and Assembly. Section 834.1.06. Lot, Setback and Building Size Requirements. The following requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 1. Minimum Lot Area: No Minimum. If proposing a reduction in lot area, the applicant must be able to demonstrate a viable use for the lot. Subd. 2. Minimum Lot Width: No Minimum. If proposing a reduction in lot width, the applicant must be able to demonstrate a viable use for the lot. Subd. 3. Minimum Front Yard Setback: None, unless an easement or other similar dedication is needed for pedestrians, utilities, street, or similar purpose for the area or for the block in which the property is located. Ordinance No. ### 17 DATE Subd. 4. Maximum Front Yard Setback: All principal buildings shall be located within 10 feet of the front lot line, unless the parcel has more than two acres and more than one principal building. Subd. 5. Minimum Side Yard Setback: NoneEight feet, unless the building is constructed with zero lot line setbacks and if the outside wall has no openings and is constructed to meet the requirements for zero lot line setbacks in compliance with the Building Code. An eight foot setback is required, if there are openings, windows orand doors, in the side wall or if the structure is not constructed to meet the requirements for zero lot line setbacks and where appropriate to provide pedestrian plaza space to link buildings, sidewalks, plazas, parking, and similar functions. Subd. 6. Minimum Rear Yard Setback: An amount determined by the city which is necessary to provide adequate parking, access and loading for people and goods, fire access/control or to meet other ordinance requirements. Subd. 7. Building Size: No individual commercial use or tenant space shall have a ground floor area greater than 12,000 square feet. Subd. 8. Minimum Lot Size Area per Dwelling Unit (Single Family or Multi- Family):968 square feet (a) Minimum Lot Area per dwelling unit: 2,904 square feet. The minimum lot area per dwelling unit shall be reduced to 2,178 square feet if underground parking of at least one stall per dwelling unit is provided. (a)(b) Maximum Lot Area per dwelling unit: 10,890 square feet. Dwelling units within a mixed-use building may be developed at lower densities. Subd. 9. Impervious Cover. The maximum percentage of impervious surface cover shall be no more than 90 percent so long as the site was part of the 2005 city stormwater improvement project, or is larger than two acres and has been required to provide on-site ponding to accommodate run-off. If the site was not part of the 2005 city stormwater improvement project or if the site is larger than two acres and has not been required to provide on-site ponding, the maximum percentage of impervious cover shall be limited to 20 percent. A site may exceed this 20 percent limit if the development incorporates various Low Impact Design (LID) features and/or Best Management Practices (BMPs) such that no net increase in runoff occurs from the site, as determined by the City Engineer. Section 834.1.07. Design and Development Standards. Design and developments standards are established for this district to achieve an attractive, liveable and viable town center consistent with the purpose of this district and to assure that land uses, buildings and functions are compatible within the district. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. The plans and proposed use of a property shall conform to the design and development standards prior to approval of a construction or land use permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Commented [DF1]: Equivalent to 15 units/acre, Comp Plan describes Uptown Hamel with density range of 4-15 units/acre Commented [DF2]: Equivalent to 20 units/acre. Bonus density to encourage underground parking Commented [DF3]: Equivalent to 4 units/acre, Comp Plan describes Uptown Hamel with density range of 4-15 units/acre Ordinance No. ### 18 DATE Subd. 1. Buildings - Architectural Standards: (w) 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. (x) 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. (y) New Building and Major Expansions. New buildings and major expansions of existing 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 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. (z) 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; and utilitarian functions which are to be totally screened from view or which are contained within the building and which include loading, trash, and mechanical and electrical equipment. (aa) 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. New porches, arcades or similar structures which overhang or extend into the right-of- way may be allowed by the city through approval of the plan, but must be supported in a way which does not obstruct the traveled portion of the right-of-way. The property owner may be required to obtain a license from the city or to execute an agreement with the city governing its use, maintenance and other factors. Porch/Overhang/Canopy/Arcade Design criteria/guidelines are as follows: Ordinance No. ### 19 DATE i. Height: If projecting into the public right-of-way, a pedestrian clearance of at least eight feet and a height consistent with the architecture of the building shall be provided. ii. Width: At least six feet. iii. Columns: Shall be traditional in design and made from durable materials such as finished anodized metal, wrought iron or wood in a color compatible with the building. Wood columns must be cedar or redwood lumber, at least six inches by six inches, which may be stained or painted. Columns are not allowed to be affixed to the ground within the right-of-way. iv. Roof: Shall be durable and meet the wind and snow loads required by code. Slopes should be to the street and away from pedestrians. (bb) Height. New building heights shall not exceed three stories, except as described herein. Along all street frontages and park property lines, building heights exceeding two stories shall have the third story set back at least six feet from the front line of the building, and the fourth story shall be set back 12 feet from the front line of the building. Basement levels shall not be considered a story, so long as more than 50 percent of the basement structure is below grade at the average of all areas around the building. Total building height shall not exceed 50 feet, except structures such as belfries, chimneys, flues, monuments, cupolas and domes which do not contain living space, are permitted, provided they are not higher than 10 feet above the height of the building. In the case that the distance from grade to the eave (or top corner of a flat roof) of a structure exceeds 30 feet, additional fire suppression apparatuses may be required by the city. A fourth story may be allowed if ten percent of residential units are dedicated affordable housing units. (cc) 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. (dd) Roofs. Roofs may be pitched, mansard, flat, or planted “green roofs.” Flat roofs shall have an architectural treatment (a “cap”) of an acceptable design. On pitched roofs, materials and colors must be compatible with the district. All roof run-off must drain onto the property that creates the run-off. Rain gardens are encouraged. (ee) Equipment. Equipment shall not be mounted on the roof unless it can be demonstrated that there is no other reasonable alternative. If allowed, rooftop equipment shall be screened using the architectural elements and material from the building, provided they are consistent with these design standards. (ff) 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. To this end, third stories or higher must be tiered back from the street a minimum of six feet per story. Buildings shall be modulated a minimum of once per 40 feet in frontage to avoid long, monotonous building walls. Ordinance No. ### 20 DATE 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. (gg) Landscaping and Setbacks. At least 5 percent of the site shall be plaza or landscaped. Landscaping shall consist of a combination of: decorative deciduous and coniferous trees, shrubs, flowers, ground covers and rain gardens. Landscaped areas and pockets shall be delineated and separated by any of the following: curbing, decorative fencing, decorative walls, planter boxes, containers, “cut outs” in a plaza, or by similar means. An approved plaza in which at least 20 percent of the plaza is open to the ground allowing full penetration of water into the ground can be counted to meet this requirement. All that part of the site not taken up by buildings, walks, or plazas or approved parking and loading shall be landscaped. Grades and drainage must meet city requirements. (hh) Fences and Walls. Fences and walls shall be decorative using a traditional design and may be used to delineate and separate spaces and to protect topographic change. Fence material shall be wrought iron, anodized steel or aluminum, or wood. Walls shall be made of brick, concrete brick, decorative block, cedar or redwood or stucco on concrete. Fences and walls shall not be located to prevent desirable access through areas. (ii) Utilities. All utilities serving the buildings and facilities shall be underground. (jj) Recycling and Trash Facilities. All materials and facilities for recycling and trash shall be kept inside the principal buildings or within a completely screened area. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building, and 2) meet the architectural and development standards of the district. (kk) Hazardous Materials. Provisions for storage of hazardous materials must be included in the building and be identified on the plans. (ll) Other Materials. All storage of other materials shall be stored inside the building in a suitable area in accordance with the approved plan. Subd. 2. Parking and Loading Areas. (a) Off – Street Parking. Flexibility in the number of required off-street parking spaces and loading facilities is allowed in the Uptown Hamel-1 district 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) 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. Ordinance No. ### 21 DATE 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. (b) Flexibility to engineering standards. Because of the reasons described in Subd. 2(q) above, reasonable flexibility may be allowed to the city’s engineering standards with regard to parking lots. (c) Surfacing. Asphalt or concrete surface for parking and driveways shall be required in the Uptown Hamel district. Porous asphalt or other similar pervious material shall be encouraged. Parking areas for infrequent parking such as for special events or for infrequent use, for example fewer than 20 times per year, may use grasscrete or similar materials or techniques and remain in conformance with this provision. (d) Driveways. Driveways shall be designed to match the sidewalk grade. (e) Landscaping and Lighting. Parking lots shall, where appropriate, have landscaped features capable of infiltrating storm water from the parking area and decorative lighting. The outer edges of the parking lot shall, where appropriate, have berms with landscaping consisting of decorative or ornamental deciduous and coniferous trees, shrubs and flowers. Small-scale parking lots are preferred over large lots. Parking of more than 20 passenger vehicles in a row shall be broken up by landscaped features. (f) Landscape Watering. Provisions for watering the landscaped areas shall be encouraged and dependent upon the design, species and variety of the plantings. (g) Screening. Screening shall be required where: (1) Any off-street parking area contains more than six parking places and is within 30 feet of an adjoining residential zone. (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone or a single-family development. (h) Parking Lots in Front of Buildings are Prohibited. Except for parcels containing two or more acres and having more than one principal building, there shall be no parking between the principal building and 1) the front property line or 2) the side lot line abutting a street. Ordinance No. ### 22 DATE (i) Pedestrian Movement. Provisions for pedestrian movement into and through parking lots where required shall be included. Patterned pavement, decorative lighting and associated facilities shall be provided as may be appropriate. (j) Parking Ramps. Up to two levels of parking above grade may be allowed provided it is consistent with the scale of the development in the area and provided it meets the architecture standards including materials and other design standards of the district. (k) Loading Docks and Areas. Due to the age, scale of development, and the limitation on building bulk, providing a loading dock is optional. However, access to adequately handle goods and materials must be provided on the site. A rear entrance for loading area is favored over loading area from the side or front. Loading docks, if provided, shall have a nine-ton capacity, dustless, all-weather surface and shall not be located on the street side of a building. (l) Outdoor Storage of Commercial Vehicles. Outside off-street storage of one commercial vehicle not to exceed 12,000 lb. of gross vehicle weight and not more than 24 feet in length shall be permitted for each 5,000 square feet of gross floor area in the principal structure. Vehicles shall have a current and valid license, and shall be in operable condition, for use on the public streets, actively used for the approved use on the site and moved on a daily basis when the use is open for business. Subd. 3. Residential Dwellings. (a) Preservation. Natural features and site amenities such as the wooded area called The Preserve shall be encouraged to be preserved. (b) Building Placement. To the extent possible, buildings shall be located consistent with the results of a site analysis and the existing grades of the land and the location of trees and other environmental features. (c) Grades. The grade of a private roadway, driveways and parking lots that exceed five percent, must be approved by the city engineer. (d) Fire Lanes. Lanes for fire access shall be provided as determined necessary by the city fire code. (e) Underground Parking. For efficiency, benefit and safety of the residents, and to conserve land, buildings shall provide for inside parking at a ratio of at least one space per dwelling unit. (f) Outside Storage of Trash, Boats or Special Vehicles. There shall be no outside storage of trash or debris except when stored in trash containers and fully screened from view. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building, and 2) meet the architectural and development standards of the Uptown Hamel-1 district. Ordinance No. ### 23 DATE All special vehicles including, but not limited to, unlicensed vehicles, recreational vehicles, motor homes, camping trailers, other trailers, boats, jet skis, snowmobiles, lawn tractors, and all terrain vehicles shall be stored in a building. (g) Sidewalks and Trails. Complete plans shall be provided for proposed sidewalks and trails to serve parking and recreation areas, and to serve areas within the proposed development to link the city’s trail system. Subd. 4. Places Open to the Public: (a) 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. Electrical services and other utilities within the plaza shall be underground. Outlets for decorative/festive lighting and for other social and business activities shall be provided, and rain gardens are encouraged. 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. Water spigots for cleaning and for watering trees and plants will be conveniently and discretely provided. (b) Monuments. Monuments, sculpture and similar art works are encouraged in public and private plazas to enhance the setting and to contribute to the pedestrian- friendly, livability of the town center. Subd. 5. Other: (a) Buffers. Buffers may be required between different land uses or different functions such as commercial abutting residential or a loading dock/area abutting an office. Buffers are to be achieved by using any of the following: landscaping, decorative walls, decorative fencing, or landscaped berms. (b) Outdoor Speakers. All forms of outdoor speakers are prohibited, except for financial institutions. (c) There shall be no outdoor storage of trash, trash containers, or debris of any kind. Subd. 6. Additional Design and Development Standards – Conditional and Interim Uses: The following additional design and development standards are identified for the uses listed below. Standards in addition to those listed below may be identified during the Ordinance No. ### 24 DATE review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Drive-In Service Businesses. i) No drive-in service shall be provided between the hours of 10:00 p.m. and 6:00 a.m. ii) All trash and debris shall be stored inside the building in an appropriately designed area preferably at or near the loading-unloading area. iii) No new drive-in service shall have a drive way within: (1) 100 feet of an improved intersecting street (2) 100 feet of a zoning district that is exclusively residential (b) Pet Shop. i) No outside space shall be used for showing or keeping animals. ii) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. (c) Veterinary Clinic i) No large outside animal pens, cages or runs shall be allowed, except an enclosed area no larger than 10’ x 10’ (100 sq. ft. or less) shall be permitted for animals to relieve themselves or to be observed by veterinary staff. All animal wastes shall be properly removed and disposed of on a daily basis. ii) No long-term or overnight kennel operations shall be permitted, unless the animal is held for observation for specific medical conditions or reasons. iii) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. (d) Assisted Living Facility. i) A sufficient quantity of the units shall qualify as dwelling units to meet the residential density requirements of the UH-1 district. ii) Sufficient parking shall be provided for residents, guests, and employees. (e) Essential Public Utility and Service Structures. i) Such uses shall not be of an industrial nature unless it can be demonstrated to the city’s satisfaction that such uses cannot be located in a more suitable location and the function of the use must be to serve Uptown Hamel. ii) Building placement, designs, materials, and architectural treatments, must be consistent with this ordinance. (f) Outdoor Dining, Drinking, and Entertainment Areas. i) 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. ii) The outdoor dining/drinking/entertainment area shall not be larger than one- half of the inside seating area. The outdoor dining/drinking/entertainment area Ordinance No. ### 25 DATE shall not exceed the larger of the following: 1) 16 seats; or 2) one- half of the area of the inside seating area. iii) 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. iiiv) 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. iv) 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. (g) Minor Auto Repair i) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. (h) Skill Trades Provided there is no Outside Storage. i) There shall be no outdoor storage of supplies, equipment, salvage, reusable or recycling material or trash. ii) The building’s design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. iii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. (i) Sauna Manufacturing and Assembly. i) The building’s design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. iii) Loading areas must be sufficient for deliveries of supplies and products. Section 834.1.08. Review and Approval Process. Subd. 1. Concept Plan: A concept plan must beis recommended to be prepared for development, expansion, remodeling or redevelopment of property in the Uptown Hamel- 1 district pursuant to the concept plan review procedures specified in Section 827.33 of the zoning ordinance. Subd. 2. Site Plan Review: All development, redevelopment, expansion and changes of use shall be subject to the Site Plan Review and Administrative Site Plan Review provisions of City Code section 825.55 et. seq. (a) Any change of use of property shall be subject to Administrative Site Plan Review as noted to determine compliance of the new use with relevant requirements. Ordinance No. ### 26 DATE (b) Flexibility for required off-street parking as described in this Section shall require review and approval of a Site Plan Review by the Planning Commission and Council as described in section 825.55 et. seq. Minor Changes to Permitted Uses and Accessory Uses: The following changes may be approved by city staff upon a written finding and filing the report in the property file that the proposal meets the requirements of the Uptown Hamel-1 district. (1) Change in the use of the property if the use is less intense and a more restrictive use, except to convert a use to a residential use or a residential related use. (2) Expansion of an existing building by less than 500 square feet of floor area in a single year. (3) Changes of less than 500 square feet to the exterior walls or surface of the building. (4) Expansion of the parking lot by less than four spaces or less than 2,000 square feet, whichever is less. (5) Outdoor lighting changes involving two or fewer light poles or wall mounted fixtures without changing the type of lighting. (6) Changes to the topography involving less than one foot in elevation or less than 5,000 square feet of lot area. (7) An addition to an exposed piece of rooftop equipment if the addition is less than 64 cubic feet. The decision and action taken by the city staff may be appealed in writing to the city council by the applicant seeking approval under this section. Appeal must be taken within 30 days of the date of city staff’s decision. Action taken by the city council shall be considered final. Subd. 3. Changes Which are not Minor to a Permitted or Accessory Use – Site Plan Review Procedure: Site Plan. A site plan shall be prepared for development, expansion or change in use of the property. Buildings shall be designed and oriented consistent with this ordinance and other applicable city code provisions. All changes shall be reviewed pursuant to the site plan review procedures specified in Section 825.55 of the zoning ordinance. Subd. 4. Conditional Uses: Conditional uses and any changes to conditional uses shall follow the conditional use permit procedure specified in Section 825.39 of the zoning ordinance. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Outline numbered + Level:5 + Numbering Style: a, b, c, … + Start at: 1 +Alignment: Left + Aligned at: 1" + Tab after: 1.25" +Indent at: 1.25" Commented [DF4]: Currently, all other districts allow higher thresholds for Administrative review: Allows review of changes to exterior walls administratively; Expansions at 10%/1000 s.f.; parking lots at 25%/10,000 s.f. Option: match requirements for all other districts Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.31", Hanging: 0.19", Tabstops: Not at 0.5" Formatted: Indent: Hanging: 0.19", Tab stops: Not at 0.75" Formatted: Indent: Left: 0.31", Hanging: 0.19", Nobullets or numbering, Tab stops: Not at 0.75" Formatted: Indent: Left: 0.31", Hanging: 0.19" Ordinance No. ### 27 DATE SECTION III. Section 834.2 of the code of ordinances of the City of Medina is deleting in its entirety as follows CHAPTER 8 LAND AND BUILDING REGULATIONS 834.2. ZONING – UPTOWN HAMEL – 2 DISTRICT Section 834.2.01. Purpose. The purpose of this Section is to create a distinctive Uptown Hamel area that is an attractive, pedestrian-friendly, mixed-use town center, by using building facades, porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail, office, higher-density housing, specialty shops, and gathering spots into a unified and viable community. Section 834.2.02. Permitted Uses. Within the Uptown Hamel-2 district the following shall be permitted uses subject to site plan approval and other provisions of this district. A combination of the following uses is allowed on a particular parcel, but is not required. Uses which are not specifically listed but are determined by the city to be substantially similar to a use excluded below shall not be permitted. (1) Residential Dwellings with a density of greater than 10 and up to 45 units per net acre (2) Residential Dwellings with a density less than 10 units per net acre, if combined with another use allowed in the UH-2 district (3) Office Uses (4) Retail Uses, except Pawn Shops and Adult Establishments (5) Service Uses, except Rental Centers, Hospitals, Nursing Homes, Animal Hospitals, Adult Establishments, Services delivered off-site, including, but not limited to, building/lawn contractors, electrical and other skills trades and pest control, and Services related to automobiles (6) Public Off Street Parking Lot or Ramps, subject to the standards established under Section 834.1.07. Subd. 2. (7) Public Services (8) Parks and Open Space Section 834.2.03. Conditional Uses. The following uses are allowed in the Uptown Hamel - 2 district by conditional use permit. (1) Drive-In Service Businesses (2) Mortuary or Funeral Home (3) Pet Shop (4) Veterinary Clinic. (5) Essential Public Utility and Service Structures (6) Religious Institutions - Including an Existing Cemetery (7) Outdoor Dining, Drinking or Entertainment area Ordinance No. ### 28 DATE Section 834.2.04. Accessory Uses. Within the Uptown Hamel - 2 district the following accessory uses shall be allowed subject to site plan approval and other provisions of this district. (1) Off-Street Parking and Loading (2) Signs (3) Home Occupations (4) Temporary Outdoor Display of Goods used in conjunction with and on the same site as the permitted use or conditional use, provided that the goods are not outdoors overnight and the storage or display area does not exceed 100 square feet. (5) Outdoor Recreational Sports Courts, which are only permitted as accessory uses with conditions. (6) Solar Equipment, if affixed to a structure, and in compliance with Section 828.09 subd.1 of the City Code. (7) Brewing, Distilling, and Similar Uses, provided such production does not exceed 50% of the floor area and provided such activities are accessory to on-site sales or consumption. Section 834.2.05. Interim Uses. Within the Uptown Hamel-2 district, the following interim uses, if existing prior to the effective date of this ordinance, shall be allowed without obtaining an interim use permit until such time as the property is redeveloped. If an interim use is damaged or destroyed by fire, storm, or other hazard, it may be reconstructed without obtaining interim use permit, if a building permit is applied for within 180 days of the event causing the damage. Expansion of the use or improvement of the property in an amount greater than 50 percent of its current value shall be permitted only by interim use permit. (1) Residential dwellings which do not meet the minimum density requirements of the Uptown Hamel - 2 district. (2) Minor Auto Repair. (3) Electronic and Computer Manufacturing. (4) Electrical and other Skill Trades, provided there is no Outside Storage. (5) Small Scale Light Manufacturing of Products for On-Site Retail Sales. (6) Tire, Battery, and Muffler Stores. Section 834.2.06. Lot, Setback and Building Size Requirements. The lot, setback and building size requirements of the Uptown Hamel-1 district shall apply, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. All new retail/commercial and service use buildings, including major modifications to existing buildings are encouraged to have at least a two story design. Section 834.2.07. Design and Development Standards. Subd. 1. The design and development standards of the Uptown Hamel - 1 district shall apply, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 2. Additional Design and Development Standards – Conditional and Interim Uses: The following additional design and development standards are identified for the uses listed below. Standards in addition to those listed below may be identified during the review and Ordinance No. ### 29 DATE approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Drive-In Service Businesses. i) No drive-in service shall be provided between the hours of 10:00 p.m. and 6:00 a.m. ii) All trash and debris shall be stored inside the building in an appropriately designed area preferably at or near the loading-unloading area. iii) No new drive-in service shall have a drive way within: (1) 100 feet of an improved intersecting street. (2) 100 feet of a zoning district which is exclusively residential. (b) Mortuary or Funeral Home. i) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. (c) Pet Shop. i) No outside space shall be used for showing or keeping animals. ii) The building’s design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. (d) Veterinary Clinic i) No large outside animal pens, cages or runs shall be allowed, except an enclosed area no larger than 10’ x 10’ (100 sq. ft. or less) shall be permitted for animals to relieve themselves or to be observed by veterinary staff. All animal wastes shall be properly removed and disposed of on a daily basis. ii) No long-term or overnight kennel operations shall be permitted, unless the animal is held for observation for specific medical conditions or reasons. iii) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. (e) Minor Auto Repair and Tire, Battery, and Muffler Stores. i) The building’s design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. (f) Electronic and Computer Manufacturing. i) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. ii) At least some portion of the ground floor, adjacent or oriented to the street shall be considered for retail sales or service. (g) Essential Public Utility and Service Structures. Ordinance No. ### 30 DATE i) Such uses shall not be of an industrial nature unless it can be demonstrated to the city’s satisfaction that such uses cannot be located in a more suitable location and the function of the use must be to serve Uptown Hamel. ii) Building placement, designs, materials, and architectural treatments, must be consistent with this ordinance. (h) Religious Institutions – Including an Existing Cemetery. i) Shared parking options shall be considered when a proposed expansion requires more off-street parking. ii) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. (i) Outdoor Dining, Drinking, and Entertainment Areas i) 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. ii) The outdoor dining/drinking/entertainment area shall not be larger than one- half of the inside seating area. iii) 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. iv) 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. v) 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. (j) Small Scale Light Manufacturing of Products for On-Site Retail Sales. i) The building’s design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. iii) Loading areas must be sufficient for deliveries of supply and product. (k) Skill Trades Provided there is no Outside Storage. i)There shall be no outdoor storage of supplies, equipment, salvage, reusable or recycling material or trash. ii)The building’s design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. iii)Equipment specifications and impact information such as vibration and noise reduction may be required by the city. Section 834.2.08. Review and Approval Process. The review and application process set forth in the Uptown Hamel-1 district ordinance shall be utilized with regard to development in the Uptown Hamel - 2 district. Ordinance No. ### 31 DATE SECTION IV. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this _____ day of _________, 2019. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on the ____ day of _________, 2019. Resolution No. 2019-## DATE Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an ordinance amending the requirements of the Uptown Hamel zoning district; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is thirty-one pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, an ordinance amending the requirements of the Uptown Hamel (UH) zoning district. The ordinance combines the requirements of the Uptown Hamel-1 and Uptown Hamel-2 zoning district into a single UH district. The ordinance also adjusts the required density for residential development to 4-15 units/acre, consistent with the City’s 2040 Comprehensive Plan. The ordinance also changes the requirements for outdoor dining areas, reduces the amount of process for reviewing site and building improvements, and changes some of the uses permitted in the district. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2019-## 2 DATE Dated: DATE. ______________________________ 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. Medina Planning Commission Excerpt from DRAFT June 11, 2019 Meeting Minutes 1 Public Hearing – Ordinance Amendment – Chapter 8 of the City Code Related to Regulations of the Uptown Hamel Zoning District Reid asked and confirmed that the public hearing for Item Seven and Item Eight could be combined into one public hearing. Finke stated that there are two ordinances for consideration tonight related to the Uptown Hamel area. He noted that this would be one of the last actions to make the zoning regulations consistent with the Comprehensive Plan. He noted that staff will continue to look at Uptown Hamel to determine what additionally could be done to support development. He provided additional information related to density, noting that staff would suggest eliminating two of the zoning districts and rezoning all of the properties in Uptown Hamel into this zoning district. He noted that this would allow the full range of density specified in the Comprehensive Plan to occur throughout Uptown Hamel. He identified the properties that would be proposed to be rezoned. He stated that staff also reviewed a few other noncontroversial items for the district. He noted that the intent would be to allow builds to be continuous, with separate ownership, and have a zero-lot line setback which would be in line with a downtown character. He stated that sauna manufacturing is proposed to be removed as an allowed use. He provided background information noting that there was a previous business that existed on an interim basis, but that business has left and should be removed from the allowed uses. He referenced the outdoor dining element and noted that changes could be made if directed by the Commission and Council. Reid opened the public hearing for both Items Seven and Eight at 8:29 p.m. No comments made. Reid closed the public hearing at 8:30 p.m. Nester stated that she agrees as presented noted that she likes the language suggested by staff for outdoor seating. Reid confirmed the consensus of the Commission to agree with the staff suggestions related to the review process. Amic asked for input on the language related to breweries. Finke provided additional information noting that production would not be the primary desire, the adjoining taproom would be desired. Reid asked the intention of the Comprehensive Plan Steering Committee to add the two additional properties to this district. Finke explained that it was viewed as a continuation of Hamel from the east. Motion by Nester, seconded by Nielsen, to recommend adoption of the ordinance amending the requirements of the Uptown Hamel Zoning District, with the changes noted by the Commission: updating outdoor seating language per staff report and increasing review process threshold. Motion carries unanimously. (Absent: Piper and Williams) Uptown Hamel Page 1 of 2 July 2, 2019 Rezoning 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 27, 2019 MEETING: July 2, 2019 Planning Commission SUBJ: Uptown Hamel Rezoning Background As described in the staff report related to the amendment to the Uptown Hamel Zoning District, property within Uptown Hamel is currently included in one of two zoning districts, UH-1 or UH- 2. Staff has recommended that having two separate districts is no longer necessary and recommends that the property all be zoned into a single district, called “Uptown Hamel.” For more information, please refer to the previous staff report. In addition, two parcels north of Hamel Road and west of Hunter Drive were added to the Uptown Hamel land use in the updated Comprehensive Plan. Staff recommends that these parcels also be rezoned to Uptown Hamel. If the City Council adopts the ordinance amending Uptown Hamel as recommended by staff, the UH-1 and UH-2 districts will effectively be eliminated, and all of the property would need to be rezoned in some way. Agenda Item # 8B-2 Uptown Hamel Page 2 of 2 July 2, 2019 Rezoning City Council Meeting Planning Commission Recommendation The Planning Commission held a public hearing on the rezoning at the June 11 meeting. An excerpt from the draft minutes are attached. No one spoke at the hearing. The Planning Commission unanimously recommended approval of the rezoning ordinance following the hearing. Potential Action After the Council has finalized review of the ordinance, staff would recommend the following actions: 1. Move to adopt the ordinance amending the official zoning map to rezone various properties to the Uptown Hamel Zoning District. 2. Move to adopt the resolution authorizing publication by title and summary Attachment 1. Ordinance 2. Resolution authorizing publication by title and summary 3. Excerpt from draft 6/11 meeting minutes Ordinance No. ### 1 DATE Map ID PID_NO BLDG #Street Unit Zoning Prior to Rezoning Map ID PID_NO BLDG #Street Unit Zoning Prior to Rezoning 1 1211823310046 492 HAMEL RD Mixed Use (MU)50 1211823410073 185 HAMEL RD 101 Uptown Hamel-1 (UH-1) 2 1211823410035 155 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410074 185 HAMEL RD 102 Uptown Hamel-1 (UH-1) 3 1211823410036 165 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410075 185 HAMEL RD 103 Uptown Hamel-1 (UH-1) 4 1211823410066 122 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410076 185 HAMEL RD 104 Uptown Hamel-1 (UH-1) 5 1211823420002 235 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410077 185 HAMEL RD 105 Uptown Hamel-1 (UH-1) 6 1211823420007 200 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410078 185 HAMEL RD 106 Uptown Hamel-1 (UH-1) 7 1211823420003 242 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410079 185 HAMEL RD 201 Uptown Hamel-1 (UH-1) 8 1211823410067 102 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410080 185 HAMEL RD 202 Uptown Hamel-1 (UH-1) 9 1211823420001 215 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410081 185 HAMEL RD 203 Uptown Hamel-1 (UH-1) 10 1211823410016 62 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410082 185 HAMEL RD 204 Uptown Hamel-1 (UH-1) 11 1211823410065 172 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410083 185 HAMEL RD 205 Uptown Hamel-1 (UH-1) 12 1211823410022 3482 SIOUX DR Uptown Hamel-2 (UH-2)50 1211823410084 185 HAMEL RD 206 Uptown Hamel-1 (UH-1) 13 1211823420008 252 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410085 185 HAMEL RD 301 Uptown Hamel-1 (UH-1) 14 1211823420009 262 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410086 185 HAMEL RD 302 Uptown Hamel-1 (UH-1) 15 1211823410026 92 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410087 185 HAMEL RD 303 Uptown Hamel-1 (UH-1) 15 1211823410025 92 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410088 185 HAMEL RD 304 Uptown Hamel-1 (UH-1) 16 1211823420004 200 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410089 185 HAMEL RD 305 Uptown Hamel-1 (UH-1) 17 1211823420013 200 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410090 185 HAMEL RD 306 Uptown Hamel-1 (UH-1) 18 1211823420038 302 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410091 185 HAMEL RD 1 Uptown Hamel-1 (UH-1) 19 1211823410018 200 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410092 185 HAMEL RD 2 Uptown Hamel-1 (UH-1) 20 1211823410021 80 ADDRESS UNASSIGNED Uptown Hamel-2 (UH-2)50 1211823410093 185 HAMEL RD 3 Uptown Hamel-1 (UH-1) 21 1211823410031 3485 SIOUX DR Uptown Hamel-2 (UH-2)50 1211823410094 185 HAMEL RD 4 Uptown Hamel-1 (UH-1) 22 1211823420037 282 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410095 185 HAMEL RD 5 Uptown Hamel-1 (UH-1) 23 1211823420011 200 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410096 185 HAMEL RD 6 Uptown Hamel-1 (UH-1) 24 1211823310047 80 ADDRESS UNASSIGNED Mixed Use (MU)50 1211823410097 185 HAMEL RD 7 Uptown Hamel-1 (UH-1) 25 1211823410024 80 ADDRESS UNASSIGNED Uptown Hamel-2 (UH-2)50 1211823410098 185 HAMEL RD 8 Uptown Hamel-1 (UH-1) 26 1211823410023 3482 SIOUX DR Uptown Hamel-2 (UH-2)50 1211823410099 185 HAMEL RD 9 Uptown Hamel-1 (UH-1) 27 1211823420010 272 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410100 185 HAMEL RD 10 Uptown Hamel-1 (UH-1) 28 1211823420016 80 ADDRESS UNASSIGNED Uptown Hamel-1 (UH-1)50 1211823410101 185 HAMEL RD 11 Uptown Hamel-1 (UH-1) 29 1211823420015 342 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410102 185 HAMEL RD 12 Uptown Hamel-1 (UH-1) 30 1211823410071 145 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410103 185 HAMEL RD 13 Uptown Hamel-1 (UH-1) 31 1211823410063 25 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410104 185 HAMEL RD 14 Uptown Hamel-1 (UH-1) 32 1211823410048 3375 MILL DR Uptown Hamel-1 (UH-1)50 1211823410105 185 HAMEL RD 15 Uptown Hamel-1 (UH-1) 33 1211823410038 195 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410106 185 HAMEL RD 16 Uptown Hamel-1 (UH-1) 34 1211823410039 201 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410107 185 HAMEL RD 17 Uptown Hamel-1 (UH-1) 35 1211823410051 29 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410108 185 HAMEL RD 18 Uptown Hamel-1 (UH-1) 36 1211823410059 95 HAMEL RD Uptown Hamel-2 (UH-2)50 1211823410109 185 HAMEL RD 19 Uptown Hamel-1 (UH-1) 37 1211823410045 3365 MILL DR Uptown Hamel-1 (UH-1)50 1211823410110 185 HAMEL RD 20 Uptown Hamel-1 (UH-1) 38 1211823410047 80 ADDRESS UNASSIGNED Uptown Hamel-1 (UH-1)50 1211823410111 185 HAMEL RD 21 Uptown Hamel-1 (UH-1) 39 1211823410040 205 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410112 185 HAMEL RD 22 Uptown Hamel-1 (UH-1) 40 1211823410019 195 HAMEL RD Uptown Hamel-1 (UH-1)50 1211823410113 185 HAMEL RD 23 Uptown Hamel-1 (UH-1) 41 1211823410056 75 HAMEL RD Uptown Hamel-2 (UH-2) 42 1211823410053 35 HAMEL RD Uptown Hamel-1 (UH-1) 43 1211823410064 45 HAMEL RD Uptown Hamel-2 (UH-2) 44 1211823410057 75 HAMEL RD Uptown Hamel-2 (UH-2) 45 1211823410058 95 HAMEL RD Uptown Hamel-2 (UH-2) 46 1211823410042 105 HAMEL RD Uptown Hamel-2 (UH-2) 47 1211823410070 52 HAMEL RD Uptown Hamel-2 (UH-2) 48 1211823410120 32 HAMEL RD Uptown Hamel-2 (UH-2) 49 1211823410011 22 HAMEL RD Uptown Hamel-2 (UH-2) CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REZONE VARIOUS PROPERTIES TO THE UPTOWN HAMEL (UH) ZONING DISTRICT THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The following properties are hereby rezoned to the Uptown Hamel (UH) zoning district: Ordinance No. ### 2 DATE Section 2. The properties rezoned are displayed on Exhibit A, attached hereto. Section 3. A copy of this Ordinance and the updated map shall be kept on file at the Medina City Hall. Section 4. The City of Medina Zoning Administrator is hereby directed to make the appropriate changes to the official zoning map of the City of Medina to reflect the change in zoning classifications as set forth above. Section 5. This Ordinance shall be effective immediately upon its passage and publication. Adopted by the Medina City Council this ______day of ________, 2019. CITY OF MEDINA By: Kathleen Martin, Mayor Attest: By: Jodi M. Gallup, City Clerk Published in the Crow River News on this ____ day of _________, 2019. Ordinance No. ### 3 DATE EXHIBIT A Map of Properties Rezoned to Uptown Hamel Resolution No. 2019-## DATE Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the City of Medina has adopted Ordinance No. ### an ordinance amending the official zoning map to rezone properties to the Uptown Hamel (UH) zoning district; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is three pages in length and contains a map; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, an ordinance which rezone properties to the Uptown Hamel (UH) zoning district. The ordinance rezones the following parcels to UH: • Properties in the address range of 22 Hamel Road through 302 Hamel Road • 342 Hamel Road • 492 Hamel Road • 3365 Mill Drive • 3375 Mill Drive • 3482 Sioux Drive • 3485 Sioux Drive • PIDs 12 -118-23-41-0021, 12-118-23-31-0047, 12-118-23-41-0024, 12-118-23-42-0016, 12-118-23-41-0047 The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2019-## 2 DATE Dated: DATE. ______________________________ 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. Medina Planning Commission Excerpt from DRAFT June 11, 2019 Meeting Minutes 1 Public Hearing – Rezoning of 50 Parcels to the Uptown Hamel Zoning District Motion by Nielsen, seconded by Amic, to recommend adoption of the ordinance amending the official zoning map to rezone various properties to the Uptown Hamel Zoning District. Motion carries unanimously. (Absent: Piper and Williams) Finke noted that these ordinances will move forward to the City Council at the July 2nd meeting. MEMORANDUM TO: Mayor Martin and City Council Members FROM: Erin Barnhart, Finance Director DATE: June 26, 2019 SUBJ: Presbyterian Homes Conduit Bond Request Background In May, Kennedy & Graven reached out to Medina to inquire if there was any interest in issuing a conduit bond for the City of Bloomington on behalf of Presbyterian Homes for a senior housing project. A total of four issuers are needed for the bond to go forward. Medina is currently eligible to issue conduit bonds because there has been no debt issuance in 2019. Mark Meyer of Presbyterian Homes reached out and indicated that he had two issuers in place, each at 50 basis points for the bonding fee. Mr. Meyer would like to be consistent with bonding fees and inquired if the City of Medina would be willing to accept 50 basis points. He was appreciative of the City’s willingness to consider issuing bonds on their behalf and would like to be able to move forward with the City as an issuer. Action Council direction requested. Staff recommends accepting 50 basis points and moving forward as an issuer. Agenda Item # 8C Planning Department Update Page 1 of 2 July 2, 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 27, 2019 SUBJ: Planning Department Updates – July 2, 2019 City Council Meeting Land Use Application Review A) 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. A hearing will be held at the July 2 City Council meeting. B) 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. C) 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, potentially at the July 16 meeting. D) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. Staff is conducting a preliminary review and will schedule when complete for review, potentially at the August 13 meeting. E) 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. F) 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. G) 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 Planning Department Update Page 2 of 2 July 2, 2019 City Council Meeting requested the vacation of the easements along the rearranged lot line, which will be replaced along the new line. The Council adopted resolutions of approval on June 18. Staff will work with the applicant to get documents prepared for recording. H) 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. The City Council granted approval on June 18. The project will now be closed. I) 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. The Council provided comments on June 18 and the project will now be closed. J) 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. The Council provided comments on June 18 and the project will now be closed. K) 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. L) 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 scheduled to be presented to the City Council on July 2. B) Quad City Agreement – staff met with the cities of Loretto, Independence, and Greenfield related to updating the Tri-City Agreement to allow Loretto to connect to the sanitary sewer system along County Road 19. The intent is to have an agreement for approval of the 4 city councils by early August. Staff is finalizing our comments to route to other communities. 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. D) Hickory Drive Stormwater - Elm Creek Funding – I attended the Hennepin County Board Budget Committee where the 2020 capital levy for Elm Creek Watershed was discussed. Elm Creek’s share of $72,000 for Hickory Drive stormwater improvements was included in the levy. The Committee approved of the inclusion of the levy in the preliminary levy to be discussed this fall. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: June 27, 2019 RE: Police Department Updates Auto-Motor-Plex Event On June 24th the Medina Auto-Motor-Plex held a fundraiser for the Miracle League which supports the handicapped children baseball league. The event had over 700 attendees and it went off without incident. I was onsite and walked the grounds. The event was well planned, and it appeared that everyone enjoyed the event. Sgt. Nelson out on Medical On June 21st Sgt. Jason Nelson notified me that he was at the hospital for emergency gallbladder surgery. He will be out of work for the near future, with a return sometime in early July. WMDT Continued Success I was notified by our agent in the West Metro Drug Taskforce that in one of their latest cases they seized multiple pounds of meth. This has been an ongoing investigation with two large seizures totaling over 80 pounds. All Day Training On June 24th we held our all-day training session covering officer wellness, firearms using shields and scenario-based use of force training. We partner with the Corcoran Police Department using their range and our facility. The training put our officers in real life situations, under stress and prepares them to think critically under pressure. It was excellent training. We had one down side, during one of the scenarios an actor unintentionally scratched two cars being used in the training. Hamel Rodeo We are planning for the Hamel Rodeo events. We will have an extra challenge with the road construction on Brockton Lane. Both the Hamel Rodeo Dance and Parade will be affected by the Brockton project. Parking will be limited, and the parade route will change slightly to accommodate the construction. We will have extra officers working the details. MEMORANDUM CO2 Detectors Ordered While on a medical call, one of our officers was unknowingly exposed to carbon monoxide gas being released in the building. He was sent to the hospital, checked out and released. Due to this incident, I have ordered CO gas detectors for each officer’s medical bag which will alert them to the existence of CO gas in the area. 4th of July Fireworks We have approved a special event permit for the Medina Country Club to hold a fireworks show at their golf club. It is always a good show, if you are looking for something to do for the 4th of July stop by. They launch them just behind the Police and Public Works Facility. Patrol Update: For the dates of June 13 to June 24, 2019, our officers issued 18 citations and 90 warnings for various traffic infractions. There was a total of 0 traffic accidents, 6 medicals, 6 alarms and 0 DWI. Investigation Update: Continuing to investigate the burglaries and theft from motor vehicles in the city of Loretto. Hennepin County Crime Lab processed the vehicles the day of the theft. I received information today (06/26) that a fingerprint lifted from the vehicle matches a known suspect. Several search warrants were executed in the city of Minneapolis during the week of June 3rd – June 10th. One suspect has been identified in using a stolen credit card at a business in Minneapolis. This group continues to be active in the metro area. Investigation is ongoing. Interviewed a victim and a suspect of a sexual offense in the city of Loretto. After investigating, I am not anticipating any charges. Our office received a report of a counterfeit $20 bill from a local business. The bill was sent to the United States Secret Service for review. A possible suspect who passed the bill was identified and I will be attempting to interview them soon. Received a report of a fraudulent use of a credit card at Target. I sent a crime alert out to other Police Departments with a picture of the suspect. Investigation is ongoing. Participated in a joint training with the Corcoran Police Department on 06/24. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: June 26, 2019 MEETING: July 2, 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. 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. • We are applying dust control to Willow Dr. North and Hackamore. They are two of the most traveled gravel roads in Medina. • A few streets have been added to the CIP for overlays and will be in the July 16th budget packet for your review. • Public Works began its early summer right-of-way mowing. The tractor for mowing is now in the shop with a hydraulic problem. We are hoping to get this back and mowing soon. WATER/SEWER/STORMWATER • Public Works replaced several sections of pipe in the Lakeview Drive area near Holy Name Lake. The pipe was rusted through and tree roots had entered the pipe which was blocking the flow. • Well #6 is being repaired. We received two quotes for the repair. It is believed to be a bad motor, but we took some time to diagnose and review the quotes because of the expense to pull the pump. If it is the motor, it will be a costly repair. • Public Works has repaired several stormwater structures and pipes throughout the city in the urban area. Most of them have been pipes moving and creating a space for soil to enter the pipe. • The irrigation season has begun, and flows are picking up on the water system. • The quad city group met June 26th and set goals to bring the agreement to councils in early August. We are getting very close to the deadline that Loretto needs to meet. There is some negotiating to be done on future connections, but it appears to still be a feasible schedule. PARKS/TRAILS • The parks are in good shape and the tennis courts at the Hunter Lions Park are being repaired. The contractor pressure washed them this week. MISCELLANEOUS • Ivan Dingmann will be retiring on July 8th and a resolution is in this packet to recognize Ivan for his service. Please let him know what a great asset he has been to the city when you see him. ORDER CHECKS JUNE 19, 2019 – JULY 2, 2019 048958 BANSAL, KRISHNA/YOGENDRA .............................................. $250.00 048959 BRUNO, LISA ............................................................................ $250.00 048960 CATAPANO, ROZANNE ............................................................ $250.00 048961 FOX, THOMAS/PEGGE ............................................................. $500.00 048962 MACK, CATHERINE .................................................................... $50.00 048963 MCLAUGHLIN, MEAGHAN ........................................................ $250.00 048964 MN BUREAU OF CRIMINAL ................................................... $1,000.00 048965 TIM AND STACEY NELSON ..................................................... $250.00 048966 OSTER, TIM & CORI ................................................................. $250.00 048967 DAN OR PAM PATNODE .......................................................... $250.00 048968 RESCHENBERG, THOMAS ...................................................... $250.00 048969 STEWART, GRANT ................................................................... $250.00 048970 CHARLIES AUTOBODY ......................................................... $1,402.01 048971 COLE, KAYE ............................................................................. $250.00 048972 COMMERCIAL ASPHALT CO. ............................................... $1,137.25 048973 IGBANUGO PARTNERS INTL LAW .......................................... $250.00 048974 KYLLO, LAURA ......................................................................... $250.00 048975 LAND TITLE ................................................................................ $26.14 048976 METROPOLITAN COUNCIL ................................................. $29,521.80 048977 MIDWEST ASPHALT SERVICES LLC .................................. $49,507.34 048978 MOOSE REAL ESTATE SERVICES INC .............................. $10,000.00 048979 PATANKAR, VAIBHAV .............................................................. $250.00 048980 PERIAKARUPPAN, PAPPU/MUTHU ......................................... $250.00 048981 RATHORE ROOMA ................................................................... $250.00 048982 RESULTS TITLE........................................................................ $100.74 048983 STEWART TITLE COMPANY .................................................... $188.26 048984 TITLESMART, INC .................................................................... $457.48 048985 TITLESMART, INC ...................................................................... $96.82 048986 TOLL BROS.- RESERVE OF MEDINA .......................................... $9.37 048987 ADVANCED DRAINAGE SYSTEMS ....................................... $2,434.75 048988 ASPEN MILLS INC ...................................................................... $56.95 048989 BEAUDRY OIL & PROPANE .................................................. $1,799.20 048990 BOYER FORD TRUCKS INC .................................................. $1,323.77 048991 COMMERCIAL DOOR SYSTEMS INC ...................................... $214.00 048992 CORCORAN LOCKER .............................................................. $416.79 048993 CORE & MAIN LP ...................................................................... $363.62 048994 EARL F ANDERSEN INC .......................................................... $174.85 048995 ESS BROS. & SONS, INC. ........................................................ $926.00 048996 FIRST STUDENT LOC 1399 ..................................................... $226.80 048997 GRAFIX SHOPPE ...................................................................... $490.00 048998 GRAINGER................................................................................ $206.78 048999 HAKANSON ANDERSON ASSOCIATES I ................................ $674.00 049000 KD & COMPANY RECYCLING INC ........................................ $1,334.29 049001 KENNEDY & GRAVEN CHARTERED .................................. $13,757.84 049002 LAW ENFORCEMENT LABOR .................................................. $408.00 049003 LONG LAKE GLASS .................................................................. $375.00 049004 LORETTO VOL FIRE DEPT INC .......................................... $23,595.75 049005 CITY OF MAPLE PLAIN ....................................................... $15,000.00 049006 MCMA-MN CTY/CO MGMT ASSOC .......................................... $150.00 049007 METRO ELEVATOR INC ........................................................... $185.00 049008 METRO WEST INSPECTION ................................................. $9,553.67 049009 MOTLEY AUTO SERVICE LLC ................................................... $60.00 049010 NAPA OF CORCORAN INC ........................................................ $14.18 049011 NELSON ELECTRIC MOTOR REPAIR ..................................... $756.00 049012 OFFICE DEPOT ........................................................................ $154.03 049013 PREMIUM WATERS INC ............................................................. $44.34 049014 ROLF ERICKSON ENTERPRISES INC .................................. $7,748.07 049015 RUSSELL SECURITY RESOURCE INC .................................... $140.90 049016 SHI INTERNATIONAL CORP .............................................. $35,777.00 049017 SITEONE LANDSCAPE SUPPLY LLC ...................................... $592.40 049018 STREICHER'S ........................................................................... $156.98 049019 SUN LIFE FINANCIAL ............................................................ $1,322.96 049020 TEGRETE CORP .................................................................... $1,314.00 049021 TIMESAVER OFFSITE .............................................................. $360.00 049022 VIEAU, CEC .............................................................................. $780.80 049023 VIRIDIAN WEAPON TECHNOLOGIES ...................................... $390.00 049024 WESTERN ELECTRIC ........................................................... $1,986.00 049025 ZIEGLER INC ............................................................................ $934.79 Total Checks $223,946.72 ELECTRONIC PAYMENTS JUNE 19, 2019 – JULY 2, 2019 005130E MINNESOTA, STATE OF ....................................................... $1,428.00 005131E MARCO (LEASE) .................................................................... $1,211.05 005132E PR PERA .............................................................................. $16,154.33 005133E PR FED/FICA ....................................................................... $17,488.17 005134E PR MN Deferred Comp ........................................................... $1,940.00 005135E PR STATE OF MINNESOTA .................................................. $4,028.14 005136E FURTHER .............................................................................. $1,402.52 005137E CITY OF MEDINA ........................................................................ $21.00 005138E ELAN FINANCIAL SERVICE .................................................. $5,821.24 005139E FURTHER .............................................................................. $1,206.29 005140E CITY OF PLYMOUTH ................................................................ $937.48 005141E WRIGHT HENN COOP ELEC ASSN ...................................... $1,954.27 Total Electronic Checks $53,592.49 PAYROLL DIRECT DEPOSIT JUNE 26, 2019 0509524 DINGMANN, TYLER ............................................................... $1,162.46 0509525 JOHNSON, PATRICK M. ........................................................... $563.57 0509526 ALTENDORF, JENNIFER L. ................................................... $1,430.55 0509527 BARNHART, ERIN A. ............................................................. $2,456.42 0509528 BELLAND, EDGAR J. ............................................................. $2,790.58 0509529 BOECKER, KEVIN D. ............................................................. $2,199.09 0509530 CONVERSE, KEITH A. ........................................................... $1,937.51 0509531 DINGMANN, IVAN W. ............................................................. $1,721.91 0509532 ENDE, JOSEPH...................................................................... $1,644.66 0509533 FINKE, DUSTIN D. ................................................................. $2,637.75 0509534 GALLUP, JODI M. ................................................................... $1,799.74 0509535 GLEASON, JOHN M. .............................................................. $2,437.89 0509536 GREGORY, THOMAS ............................................................ $2,364.73 0509537 HALL, DAVID M. ..................................................................... $2,016.29 0509538 JACOBSON, NICOLE ................................................................ $890.11 0509539 JESSEN, JEREMIAH S. .......................................................... $2,405.71 0509540 JOHNSON, SCOTT T. ............................................................ $2,206.31 0509541 JONES, KATRINA M............................................................... $1,403.87 0509542 KLAERS, ANNE M. ................................................................. $1,370.94 0509543 LEUER, GREGORY J. ............................................................ $2,028.52 0509544 MCGILL, CHRISTOPHER R. .................................................. $1,524.52 0509545 MCKINLEY, JOSHUA D .......................................................... $2,042.70 0509546 NELSON, JASON ................................................................... $2,269.10 0509547 PETERSON, DEBRA A. .......................................................... $2,020.16 0509548 REINKING, DEREK M ............................................................ $1,712.89 0509549 ROBBINS, MELISSA ................................................................. $732.98 0509550 ROERICK, AUSTIN ................................................................ $1,388.51 0509551 SCHARF, ANDREW ............................................................... $1,940.47 0509552 SCHERER, STEVEN T. .......................................................... $2,292.82 0509553 SCHNEIDER, BENJAMIN .......................................................... $987.07 Total Payroll Direct Deposit $54,379.83 C CRIME ALERT Burglars Working the Area Over the past three months we have had a group of individuals burglarizing neighborhoods across the Twin Cities area, specifically the outer suburbs - they have been in the Medina area. These individuals work in groups of 5 to 10 people. They pick a residential neighborhood and run through checking all the vehicles to see if they are unlocked. If they find an unlocked vehicle, they go into the vehicle and take anything of value. If there is a garage door opener, they gain entry into the garage and take anything of value. If they find that the door from the garage to the house is also unlocked, they enter the house. We are working with a large taskforce to arrest these suspects. We are asking everyone to please lock your vehicles, garage and house. Don't be a victim — LOCK UP. If you see or hear anything suspicious, call 911 immediately. We need everyone's help to stop these thieves. If you have questions, please call the Medina Police Department at 763-473-9209. rBecome a Firefighter! HAMEL: Become a community hero - Hamel Fire is hiring! Visit: www.hamelfire.org LORETTO: Loretto Fire is hiring! Apply online at: www.lorettofire.org LONG LAKE: Paid Volunteers Needed! Call Long Lake Fire at: 952-367-6447 06.26.19