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HomeMy Public PortalAbout02.02.2021 Complete City Council Meeting Packet Posted 1/28/2021 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, February 2, 2021 7:00 P.M. Meeting to be held telephonically/virtually pursuant Minn. Stat. Sec. 13D.021 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the January 19, 2021 Work Session B. Minutes of the January 19, 2021 Regular Council Meeting V. CONSENT AGENDA A. Approve 2021 Work Plan Goals B. Approve SCADA Software Upgrade Agreement with Total Control Systems Inc C. Approve Public Works Maintenance Worker Joe Ende Wage Adjustment D. Approve Renewal of Consumption and Display Permit for American Legion Post 394 at 75 Hamel Road E. Resolution Accepting Donation from Memorial for Ruth Ostrem VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Resolution Approving Amendments to the Educational Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018, and Authorizing the Execution and Delivery of Documents Related Thereto – Public Hearing VIII. NEW BUSINESS A. Lothar and Mona Krinke – 2905 Willowood Farm Road – Conditional Use Permit for Addition to Accessory Structure B. Addison and Cynthia Piper – 1745 Hunter Drive – Lot Combination 1. Resolution Approving a Lot Combination of Lots 2 and 3, Block 1, Tally Ho Farm IX. OLD BUSINESS A. Ordinance Amending Chapter 1 and 3 of the City Code of Ordinances Pertaining to Penalties and Targeted Residential Picketing 1. Resolution Authorizing Publication of Ordinance by Title and Summary X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. ADJOURN Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122 Enter Conference ID: 972 865 157# MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: January 28, 2021 DATE OF MEETING: February 2, 2021 SUBJECT: City Council Meeting Report Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122; Enter Conference ID: 972 865 157# V. CONSENT AGENDA A. Approve 2021 Work Plan Goals – Staff has put together the list of 2021 Goals for City Council review and approval based on our January 19, 2021 Work Session discussion. Staff recommends approval. See attached work plan. B. Approve SCADA Software Upgrade Agreement with Total Control Systems Inc – Staff solicited quotes to replace and upgrade the existing SCADA computer hardware and software at the Water Treatment Plant. Responses were received from Total Control Systems Inc and Automatic Systems Co. Total Control Systems Inc is our current integrator. They have proven to have exceptional response time, both during normal and after-hours. Their bid includes security update(s) and is least expensive. Staff recommends approval. See attached memo and agreement. C. Approve Public Works Maintenance Worker Joe Ende Wage Adjustment – Joe Ende was hired at the very low end of his pay scale in 2015. Joe hit the ground running and continues to excel within Public Works. Joe’s contributions and work ethic have proven he should be at the top of his pay scale. Employees typically reach the top within five years of employment. Staff recommends advancing Joe Ende to Step 8 in his current pay grade. Finance Director Barnhart remarked there will be no impact to the 2021 budget because the vacant position has remained unfilled for the past two years. Staff recommends approval. See attached memo. D. Approve Renewal of Consumption and Display Permit for American Legion Post 394 at 75 Hamel Road – The American Legion has submitted the proper paperwork and fees for  2 their annual renewal of their Consumption and Display Permit at 75 Hamel Road. Staff recommends approval. No attachments for this item. E. Resolution Accepting Donation from Memorial for Ruth Ostrem – Staff is requesting the Medina City Council accept the donation for our police crime prevention programs and direct staff to respond with a thank you letter to the Memorial for Ruth Ostrem. Staff recommends approval. See attached memo and resolution. VII. PRESENTATIONS A. Resolution Approving Amendments to the Educational Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018, and Authorizing the Execution and Delivery of Documents Related Thereto – Public Hearing – On December 28, 2018, the City of Medina issued its Educational Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018, in the original aggregate principal amount of $7,000,000. The City loaned the proceeds of the Note to Yeshiva of Minneapolis, a Minnesota nonprofit corporation, to (i) refinance the acquisition of a building located at 4411 Minnetonka Boulevard, St. Louis Park, Minnesota, and to expand the Borrower’s school facilities located at 3115 Ottawa Avenue South, St. Louis Park, Minnesota, by constructing a new gymnasium and constructing new student dormitories; (ii) finance capitalized interest during the construction of the Project, if necessary; and (iii) pay costs of issuance of the Note. The Lender has agreed to amend certain terms of the Note, including lowering the annual interest rate on the Note and extending the maturity date of the Note. The Medina City Council must hold a public hearing and adopt a resolution approving the request for the requested refinancing to move forward. See attached memo and resolution. Recommended Motion: Move to adopt resolution approving amendments to the Educational Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018, and authorizing the execution and delivery of documents related thereto. VIII. NEW BUSINESS A. Lothar and Mona Krinke – 2905 Willowood Farm Road – Conditional Use Permit for Addition to Accessory Structure – Lothar and Mona Krinke have applied for a conditional use permit to add an approximately 12,000 square foot indoor riding arena to an existing barn at 2905 Willowood Farm Road. The subject property is located at the northwest corner of Willow Drive and Willowood Farm Road and is just under 25 acres in size. The property and all surrounding lands are zoned Rural Residential (RR). See attached report.  3 Potential Motion: Move to direct staff to prepare a resolution granting conditional use permit approval subject to the conditions noted in the staff report. B. Addison and Cynthia Piper – Lot Combination – 1745 Hunter Drive – Cynthia and Addison Piper have requested approval from the City to combine two parcels into a single lot. The existing parcels do not meet minimum lot size standards, and while the combination would not bring the parcels into full compliance, it does improve the situation.  The subject property is located at the southwest corner of County Road 24 and Hunter Drive. See attached report and resolution. Recommended Motion: Move to adopt resolution approving a lot combination of lots 2 and 3, block 1, Tally Ho Farm IX. OLD BUSINESS A. Ordinance Pertaining to Penalties and Targeted Residential Picketing – The Medina City Council discussed at their January 19, 2021 meeting an ordinance prohibiting targeted residential picketing, which a handful of cities throughout Minnesota have recently adopted. The ordinance is aimed at preventing protesting and related activities outside of residential dwellings. Public Safety Director Jason Nelson has worked closely with our City Attorney to draft the ordinance. Staff was directed to bring the ordinance to the February 2, 2021 City Council Meeting with no revisions. See attached memo and draft ordinance. Potential Motion # 1: Move to adopt ordinance amending chapter 1 and 3 of the city code of ordinances pertaining to penalties and targeted residential picketing. Potential Motion # 2: Move to adopt resolution authorizing publication of ordinance by title and summary. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005800E-005818E for $57,934.87 and order check numbers 051211-051253 for $181,716.88, and payroll EFT 0510772-0510799 for $54,030.73 and payroll check 020447 for $2,283.37. INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Special Meeting Minutes 1 January 19, 2021 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF JANUARY 19, 2021 The City Council of Medina, Minnesota met in work session on January 19, 2021 at 5:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Martin, Reid, Albers, Cavanaugh, and DesLauriers Members absent: Also present: City Administrator Scott Johnson, Planning Director Dusty Finke, Public Works Director Steve Scherer, Public Safety Director Jason Nelson, Assistant City Administrator Jodi Gallup, and Finance Director Erin Barnhart II. Introduction and Overview of Goal Setting Session Johnson provided a brief overview of the meeting purpose and facilitation. III. Overview of 2020 Work Plan Johnson provided an overview of the 2020 Work Plan which illustrated the accomplishment of goals by all departments. He provided information on the past year work plan and indicated that 26 goals have been completed and that 26 of the 2020 goals are on-going tasks or were not completed in 2020. The on-going goals from 2020 will be incorporated into the 2021 Goals. IV. Administration Department Johnson and Gallup provided background on the department’s functions and list of goals for 2021. The Council directed staff to provide Comprehensive Plan information to the City Council Members, update the police contract goal to reflect impact on non-union wages, identify a handful of businesses for Council Members to contact with a list of questions instead of business tours for 2021, and add future Work Sessions to discuss next steps for Uptown Hamel and Hackamore Road. V. Planning Department Finke provided background on the department’s functions and list of goals for 2021. The Council requested further information on the electric vehicle charging stations. Planning Director Dusty Finke informed the City Council that the goal is to make sure things are in place for this option in the future and may include requiring conduit for new projects. VI. Public Works Department Scherer provided background on the department’s functions and list of goals for 2021. Medina City Council Special Meeting Minutes 2 January 19, 2021 The Council directed staff to bring forward recommended changes to wages for Public Works Employee Joe Ende to make sure his pay is appropriate, Public Works Director Steve Scherer explained that the $250,000 land acquisition amount in the Capital Improvement Plan (CIP) is a place holder for future opportunities that is rarely used, and Mr. Scherer also explained that the $350,000 amount under the CIP for Hunter Lions Park is not enough for the whole project. The Hunter Lions Park project will need to be done in phases over several years. Roll call vote to recess the meeting until after the 7 p.m. City Council Meeting. Martin, Reid, Albers, Cavanaugh, and DesLauriers voted aye. Meeting was recessed at 6:28 p.m. Returned at 7:55 p.m. VII. Finance Barnhart provided background on the department’s functions and list of goals for 2021. The Council directed staff to continue to automate accounts payable and other electronic processes in the Finance Department, move the Accountant position to the next wage level in the 2022 Budget, and identifying resources for future fire service needs (future work session topic). VIII. Police Department Nelson provided background on the department’s functions and list of goals for 2021. The Council directed staff to research school liaison possibilities with a future school in the Wayzata School District (possible COPS grant), compare police wages during union negotiations, report back to Council on what Police Officers hear from residents at homeowner’s association meetings, and put together the 3rd party gift card ordinance after the squad/body cameras are implemented. Chief Nelson informed the City Council that 50% of our Police Officers have received COVID-19 inoculations. IX. Other Discussion Topics No further topics were discussed. Adjournment Martin closed the meeting at 8:55 p.m. _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 January 19, 2021 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JANUARY 19, 2021 3 4 The City Council of Medina, Minnesota met in regular session on January 19, 2021 at 5 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin read a statement explaining that meetings continue to be held virtually due to the 8 ongoing pandemic and reviewed instructions for participation by members of the public. 9 10 I. ROLL CALL 11 12 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 13 14 Members absent: None. 15 16 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 17 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 18 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 19 Chief of Police Jason Nelson. 20 21 II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 22 23 III. ADDITIONS TO THE AGENDA (7:04 p.m.) 24 The agenda was approved as presented. 25 26 IV. APPROVAL OF MINUTES (7:04 p.m.) 27 28 A. Approval of the January 5, 2021 Regular City Council Meeting Minutes 29 Martin noted that prior to the meeting Johnson distributed proposed corrections as 30 suggested by herself and Cavanaugh. 31 32 Moved by Martin, seconded by Albers, to approve the January 5, 2021 regular City 33 Council meeting minutes as amended. 34 35 A roll call vote was performed: 36 37 DesLauriers aye 38 Albers aye 39 Cavanaugh aye 40 Reid aye 41 Martin aye 42 43 Motion passed unanimously. 44 45 V. CONSENT AGENDA (7:05 p.m.) 46 47 A. Resolution 2021-05 Authorizing Resubmission of an Adjustment to the 48 Weston Woods of Medina Comprehensive Plan Amendment to the 49 Metropolitan Council for Review 50 Medina City Council Meeting Minutes 2 January 19, 2021 B. Resolution 2021-06 Accepting the Resignation of Police Officer Kaylen 1 Boeddeker 2 C. Approve Tennis Court Rental Agreement with Carrie Agre 3 D. Approve 2021 Tobacco License to Inn Kahoots 4 E. Approve Holy Name Estates Wetland Replacement Plan 5 Cavanaugh referenced Item C. He asked if information could be provided related to the 6 number of Medina residents taking lessons compared to non-residents. He also asked if 7 there could be clear signage that states the court is reserved and approved by the City. 8 9 Johnson stated that he could follow up on signage. 10 11 Gallup commented that she believes the majority are Medina residents taking tennis 12 lessons. She noted that there was a previous presentation to the City where residents 13 spoke in support of the lessons. 14 15 Martin stated that perhaps Gallup could circulate her previous memorandum related to 16 the private/public partnerships in Medina. 17 18 Johnson confirmed that staff could circulate that information as discussed. 19 20 Reid referenced the Weston Woods resolution, noting that several changes were 21 highlighted in red and asked if those changes only relate to Weston Woods and not the 22 entire Comprehensive Plan. 23 24 Finke replied that the redlines in Exhibit B would change the language within the 25 Comprehensive Plan because of the map changes. 26 27 Moved by Reid, seconded by Cavanaugh, to approve the consent agenda. 28 29 A roll call vote was performed: 30 31 DesLauriers aye 32 Albers aye 33 Cavanaugh aye 34 Reid aye 35 Martin aye 36 37 Motion passed unanimously. 38 39 VI. COMMENTS (7:11 p.m.) 40 41 A. Comments from Citizens on Items not on the Agenda 42 There were none. 43 44 B. Park Commission 45 Scherer commented that the Park Commission will meet the following night at which 46 time the new members of the Commission will be introduced, and the group will 47 brainstorm and set goals for the upcoming year. 48 49 Medina City Council Meeting Minutes 3 January 19, 2021 C. Planning Commission 1 Planning Commissioner Beth Nielsen reported that the Planning Commission met the 2 previous week and welcomed two new members. She advised that she was elected as 3 Chair and Commissioner Galzki as Vice Chair. She stated that the Commission 4 reviewed a request for a Conditional Use Permit to construct a 12,600 square foot 5 addition to an existing barn for an indoor riding arena and unanimously recommended 6 approval, with one abstention. She stated that the Commission also discussed the City’s 7 threshold related to stormwater management requirements as the threshold seems to be 8 triggered more than anticipated for rural residential lots. She noted that due to the 9 complexity of the topic and proposed changes, the issue was tabled and will come back 10 to the Commission at its February meeting. 11 12 VII. NEW BUSINESS 13 14 A. Discussion on Ordinance Pertaining to Penalties and Targeted Residential 15 Picketing (7:18 p.m.) 16 Johnson stated that the Council inquired about a potential ordinance pertaining to 17 targeted residential picketing in December and since that time Nelson and Gallup 18 worked with Batty’s office to create a draft ordinance for the Council to review. 19 20 Batty commented that the interest arose from newspaper reports of communities in the 21 east metro adopting or considering similar ordinances. He stated that the draft 22 ordinance is brief and straightforward. He referenced section two which prohibits 23 picketing in residential areas and describes that activity. He noted that raises first 24 amendment issues but noted that there is a US Supreme Court decision that upheld this 25 concept in 1988. He stated that the ordinance is narrowly drawn to prohibit picketing in 26 residential areas and is content neutral and therefore he believes would be upheld if 27 challenged. He referenced the first section of the ordinance, which is introductory, and 28 stated that the language brings the City’s Code up to date. 29 30 Martin complimented Batty on his fine drafting skills. 31 32 Batty commented that Dave Anderson drafted the staff report and ordinance and 33 therefore deserves that praise. 34 35 DesLauriers echoed the thoughts related to the clarity and updating to the current 36 standards. He believed that the Council should consider adopting this at a future 37 meeting. 38 39 Cavanaugh stated that he also supports the ordinance. He asked if the ordinance could 40 be adopted tonight or whether it would need to come back. 41 42 Johnson stated that this would have to come back to meet the publication timeline 43 requirements under statute. 44 45 Albers commented that he also supports the ordinance and agreed that it was easy and 46 understandable reading. 47 48 Reid stated that she supports the ordinance as she believes that picketing a residence is 49 not the proper form for protest. 50 51 Medina City Council Meeting Minutes 4 January 19, 2021 Martin stated that she supports the ordinance as well and confirmed the consensus of 1 the Council to bring the ordinance back at a future meeting as prepared. 2 3 Johnson stated that staff will follow the proper protocol and bring this back for adoption 4 on the Consent Agenda at a future meeting. 5 6 B. Public Works Position Recruitment (7:27 p.m.) 7 Johnson stated that public works is requesting authorization to recruit for the vacant 8 public works position. He stated that the position is budgeted for in the 2021 budget and 9 supports filling the position. 10 11 Scherer commented that this is not a new position and is a position that has been vacant 12 for the past two years. He noted that they have tried to fill the position twice during that 13 time but could not find a good fit. He hoped that there would be a qualified candidate 14 interested in the position at this time. He stated that they would like to move forward and 15 post the ad as soon as possible. He commented that based on the work session 16 discussion, they could create separate levels for the different maintenance technician 17 positions. 18 19 Martin commented that it seemed that the majority of the Council supported that concept 20 during the work session discussion. 21 22 DesLauriers stated that he is not a fan of changing the job title and would rather pay the 23 employee what they are worth. 24 25 Albers commented that he would be supportive of increasing the pay to the level it needs 26 to be as well. 27 28 Reid stated that she supports with proceeding with advertising the position and making 29 the pay adjustment as proposed by staff. 30 31 Cavanaugh confirmed that he is also supportive of advertising the position and 32 increasing the pay as staff recommends. 33 34 Martin confirmed the consensus of the Council to support the pay adjustment as 35 recommended by staff. She noted that if specific action is required to implement that 36 goal it could come back to the Council for formal approval. 37 38 Johnson stated that he will work with Scherer and Barnhart to draft a staff report related 39 to the wage change and bring that back to the Council. 40 41 Moved by Reid, seconded by Albers, to approve job description and authorize staff to 42 begin recruitment for the vacant Public Works Maintenance Technician position. 43 44 A roll call vote was performed: 45 46 Cavanaugh aye 47 Reid aye 48 DesLauriers aye 49 Albers aye 50 Martin aye 51 Medina City Council Meeting Minutes 5 January 19, 2021 1 Motion passed unanimously. 2 3 C. Police Officer Position Recruitment (7:33 p.m.) 4 Johnson stated that on Consent tonight the Council accepted the resignation of a Police 5 Officer and therefore staff is asking for the authorization to begin recruitment for the 6 position. 7 8 Nelson commented that this position is very important as it is meant to backfill for 9 vacation and alleviation scheduling issues. He stated that with COVID more vacation 10 time was allowed to be carried over and without this position there is not sufficient 11 staffing to allow for the Officers to take time off. He acknowledged the lengthy process 12 required for hiring, noting that if they began now the new recruit would not begin until 13 May with field training occurring throughout the summer. He stated that the department 14 will continue to work with the resources they have to accommodate some time off for 15 Officers. 16 17 Martin stated that the Council previously approved this position and therefore does not 18 see a need for discussion. 19 20 Moved by Martin, seconded by Albers, to approve job description and authorize staff to 21 begin recruitment for the vacant Police Officer position. 22 23 A roll call vote was performed: 24 25 Reid aye 26 Cavanaugh aye 27 Albers aye 28 DesLauriers aye 29 Martin aye 30 31 Motion passed unanimously. 32 33 VIII. CITY ADMINISTRATOR REPORT (7:38 p.m.) 34 Johnson had nothing further to report. 35 36 IX. MAYOR & CITY COUNCIL REPORTS (7:38 p.m.) 37 No comments. 38 39 X. APPROVAL TO PAY THE BILLS (7:39 p.m.) 40 Moved by DesLauriers, seconded by Cavanaugh, to approve the bills, EFT 005782E-41 005799E for $5,880,518.26, order check numbers 051151-051210 for $426,766.87, and 42 payroll EFT 0510739-0510771 for $56,265.77. 43 44 A roll call vote was performed: 45 46 Albers aye 47 Reid aye 48 DesLauriers aye 49 Cavanaugh aye 50 Martin aye 51 Medina City Council Meeting Minutes 6 January 19, 2021 1 Motion passed unanimously. 2 3 XI. ADJOURN 4 Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 7:42 p.m. 5 6 A roll call vote was performed: 7 8 Martin aye 9 Reid aye 10 Cavanaugh aye 11 Albers aye 12 DesLauriers aye 13 14 Motion passed unanimously. 15 16 17 18 19 __________________________________ 20 Kathleen Martin, Mayor 21 Attest: 22 23 ____________________________________ 24 Jodi M. Gallup, City Clerk 25 Agenda Item # 5A Goal/Initiative Responsible Facilitator(s) Timeline for Completion Priority Completion Notes Public Works Goals 1.Move forward with Arrowhead Drive Intersection Improvement Public Works Director 3rd Quarter High 2.Chippewa Road Connection Public Works Director 4th Quarter High 3.Manage the Tower Drive West and Shire Drive overlay projects Public Works Director 3rd Quarter High 4.Complete Stormwater Maintenance Policy and Procedure in 2021 Public Works Director 4th Quarter High 5.Wolsfeld Woods Ravine Project Public Works Director 4th Quarter High 6.Complete application submittal/implement plan for next 5-year MS-4 permit Public Works Director 4th Quarter High 7.Look for opportunities within city projects to improve water quality Public Works Director On-going High 8.Oversee installation of control software upgrade at water treatment plant Public Works Director 3rd Quarter High 9.Assess/determine if it is necessary to replace filter media at the water treatment plant Public Works Director 3rd Quarter High 10.Complete sewer lining project Public Works Director 1st Quarter High 11.Work through start-up of Loretto's sewer connection to Medina Public Works Director 3rd Quarter High 12.Work (in phases) on Hunter Lions Park renovation/upgrade project Public Works Director On-going Moderate 13.Launch reforestation project at the Enclave Harriet's Woods, encourage neighborhood involvement through "Friends of the Park"Public Works Director On-going Moderate 14.Utilize Public Works crew to complete Loram trail South of Hwy 55 connection Public Works Director 3rd Quarter High 15.Begin shoulder/bike lane project along North shoulder of Medina Road, starting at Brockton Lane Public Works Director 3rd Quarter High 16.Begin community outreach for creating Lakeshore Park Master Plan Public Works Director 4th Quarter Moderate 17.Negotiate Ballfield Rental Agreement with Hamel Athletic Club and create Ball Field Lighting strategy Public Works Director 1st Quarter High 18.Update Safety Manual and finalize process to assure employee OSHA compliancy requirements are met Public Works Director 3rd Quarter High 19.Finalize plan of operation for brush/compost pile security gates located at City Hall Public Works Director 1st Quarter High Public Safety Goals 1.Provide quality public safety services for our citizens, businesses and visitors by working professionally Police Chief On-going High 2.Body/Squad Camera Implementation Police Chief 1st Quarter High 3.Part Time Administrative Assistant Police Chief 1st Quarter High 4.Officer Wellness Program Police Chief 1st Quarter High 5.Lexipol Policy Manual Police Chief 2nd Quarter High 6.Replace Drug Task Force Agent Police Chief 2nd Quarter Moderate 7.All Personnel Trained in Mobile Field Force Police Chief 1st Quarter High 8.Squad Purchases (2 squads)Police Chief 2nd Quarter Moderate 9.Review Third Party Gift Card Procurement Ordinance Police Chief 2nd Quarter High 10.Union Contract Police Chief 2nd Quarter High 11.Digital Speed Sign Police Chief 3rd Quarter Moderate 12.Compensation study on how we compare to our competition Police Chief 2nd Quarter High 13.Evaluate 2nd Sgt. Position Police Chief 3rd Quarter High 14.Evaluate hiring practices and personnel recruitment Police Chief 4th Quarter Moderate 15.Replace Criminal Investigator Police Chief 4th Quarter High 16.Evaluate Staffing Levels for future growth of the Wayzata School District (possible COPS Grant?)Police Chief 4th Quarter Moderate 17.Officers to attend HOA meetings and report back to the City Council Police Chief On-going Moderate Goal Setting Session Work Plan to Accomplish 2021 City Goals and Initiatives Agenda Item # 5A Finance Department Goals 1.Implement more ACH vendor payments and less paper checks Finance Director On-going High 2.Continue paperless environment implementation Finance Director On-going High 3.New GASB (Government Accounting Standards Board) mandates Finance Director 1st Quarter High 4.Final grade change for Accountant position Finance Director 4th Quarter High 5.Identify resources for future fire service needs (future work session)Finance Director 3rd Quarter High Planning/Zoning Department Goals 1.Chippewa Road Permitting Planning Director 1st Quarter High 2.Stormwater Inventory Planning Director 1st Quarter High 3.Records Management Planning Director 2nd Quarter High 4.Workforce and Affordable Housing Strategy Planning Director 3rd Quarter High 5.Electric Vehicle charging requirements Planning Director 3rd Quarter Moderate 6.Stormwater Maintenance Policy Planning Director 4th Quarter High 7.Developer's Handbook updates Planning Director 4th Quarter Moderate 8.Hackamore Road - implementation plan Planning Director 4th Quarter High 9.Business-guided land - analyze/discuss additional Planning Director 4th Quarter High Administration/General Goals 1.Work with Council and Staff to try and attract campus business users on Highway 55 City Administrator On-going High 2.Continue planning process for Hackamore Road project with the City of Corcoran (future work session)City Administrator 4th Quarter High 3.Switch the address database away from Microsoft Access to a new system that is functional in the cloud (e-mail notification system and e-newsletter)City Administrator 4th Quarter High 4.Negotiate new police union contract and determine future police union/non-union employee compensation City Administrator 2nd Quarter High 5.Complete hiring process for vacant police/public works positions City Administrator 1st Quarter High 6.Implement electronic packets for the City Council City Administrator 1st Quarter High 7.Identify a handful of businesses for Council Members to contact with a list of questions (instead of business tours for 2021)City Administrator 3rd Quarter High 8.Discuss next steps with Uptown Hamel Area (future work session)City Administrator 3rd Quarter High 9.Work with Council and Fire Departments to implement a fire services district/JPA for services City Administrator On-going High MEMORANDUM TO: Mayor Martin and City Council FROM: Steve Scherer, Public Works Director DATE: January 25, 2021 MEETING DATE: February 2, 2021 SUBJECT: SCADA Software & Hardware Upgrade Background Staff solicited quotes to replace and upgrade the existing SCADA computer hardware and software at the Water Treatment Plant. Responses were received from Total Control Systems Inc and Automatic Systems Co. Total Control Systems Inc (TCI) responded with a quote for $28,578.00 for SCADA Software and Hardware, and $2,033.00 for Network Security Software and updates for 3 years. The total quotes for Total Control Systems Inc is $30,611.00. Automatic Systems Co responded with a quote for $19,203.00 for SCADA Software and Hardware, $9,253.00 to convert existing software to Rockwell FactoryTalk View Site, and $2,425.00 for Microsoft Excel based Reporting Software. The total bid for Automatic Systems Co is $30,881.00. Staff Recommendation Total Control Systems Inc is our current integrator. They have proven to have exceptional response time, both during normal and after-hours. Their bid includes security update(s) and is least expensive. Staff recommends moving forward with the Total Control Systems Inc quote. Agenda Item # 5B 1 SCADA SOFTWARE UPGRADE AGREEMENT This Agreement is made this 2nd day of February 2021, by and between Total Control Systems, Inc, 38841 Nyman Drive NE, PO Box 40, Stanchfield, MN 55080-0040, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for SCADA Software & PC Upgrade; and 2. The City has approved the contract for SCADA Software & PC Upgrade with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform SCADA Software & Hardware and Network Security Software Upgrade as detailed in the proposal dated December 21, 2020. 2.0. TERM. The term and prices of this contract shall remain in effect from January, 2021 until November, 2023, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. The City shall compensate the Contractor $28,578.00 for SCADA Software & Hardware and $2,033.00 for Network Security Software, as detailed in the proposal dated December 21, 2020. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. If it is determined by the Public Works Director that additional traffic control is needed, it will be provided by the City. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 2 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. 3 CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Scott T. Johnson, City Administrator Total Control Systems, Inc (CONTRACTOR) By ______________________________ totalcontrol SYSTEMS INC December 21st, 2020 Total Control Systems, Inc 38841 Nyman Drive NE PO Box 40 Stanchfield, MN 55080-0040 Phone 320-396-4442 / Fax 320-396-4443 To: Steve Scherer Re: Median, MN. — SCADA Software &PC Upgrade Quote Total Control Systems, Inc. (TCS) proposes the following equipment for the City of Medina SCADA system. Project includes supplying 1 new Dell SCADA computer with Windows 10 operating system & Office 2019 H&B for SCADA system. TCS is providing Rockwell Software pricing as an alternative because we utilize their software in more of our SCADA systems and are more familiar with the functions provided. While the Wonderware Intouch is a good product, TCS recommends switching to the Rockwell Software. Win91l Alarm & Notification will be updated to current version and 1 year of support and updates is included. Report application software for the SCADA system will utilize Microsoft Excel instead of the specialized software currently implemented. This will result in a significant cost savings in software packages and future updates. This will also keep the reporting on a more standardized platform. A new UPS and 2100 Joule surge strip will also be provided for electrical surge protection. Setup, Installation and Verifying all operations is included. Dell OptiPlex 7070 MFF BTX - Intel® CoreTM i7 -9700T - Windows 10 Pro 16GB 1X16GB DDR4 2666MHz Non-ECC Ram - M.2 256GB PCIe NVMe Class 40 Solid State Drive Intel® Wireless -AC 9560, Dual -band 2x2 802.11ac Wi-Fi with MU-MIMO + Bluetooth 5 Black Dell KM636 Wireless Keyboard & Mouse - Microsoft® Office Home and Business 2019 1 TB Internal Solid -State Hard Drive For Storage - 3 Years Hardware Service with Onsite/In-Home Service After Remote Diagnosis HMI Software with Internal Ante Rockwell FTView SE SCADA HMI , Win911 V7.17 Alarm Notification Software Updates & Microsoft Word & Excel SCADA Software & Hardware Cost: $28,578.00 (No Tax Included) Sonicwall Firewall Software - 24X7 MAINTENANCE FOR SONICWALL SOHO SERIES,Software and Firmware Updates 3YR - Hardware Warranty 3YR - COMPREHENSIVE GATEWAY SECURITY SUITE BUNDLE FOR SONICWALL SOHO SERIES 3YR Network Security Software Cost: $2,033.00 (No Tax, Included) Does not include: - Sales tax exempt, City to supply exemption certificate - Terms are Net 30 days from invoice date. No retainage allowed. A 1.5% charge per month added to any past due balance. Price may be dependent on past credit history. - This quote/proposal valid for 60 days. - Work to commence after receipt of an acceptable written purchase order acknowledging acceptance of our terms. - F.O.B. job -site. - Start-up service/training, documentation and equipment adjustment is included as specified. - TCSI does not accept any liquidated damages. If you have any questions regarding our proposal, please contact our office. We look forward to working with you on this project. Sincerely, TOTAL CONTROL SYSTEMS, INC. Kraig LaFreniere 4,ulomalic Systems Co. Tuesday, January 05, 2021 Mr. Steve Scherer Public Works Director City of Medina, MN 2052 County Road 24 Medina, MN 55340 AUTOMATIC SYSTEMS CO. Reference: WTP SCADA Computer Hardware & Software Upgrades Dear Steve, We are pleased to offer the following proposal to replace and upgrade the existing SCADA computer hardware and software at the Medina, MN Water Treatment Plant. This proposal includes: A One (1) Windows 10 Professional 64 -bit SCADA Computer, complete with: > OptiPlex 7080 SFF Chassis > Intel Core i7-10700 processor (8 -Core, 16MB Cache, 2.9-4.8GHz, 65w) > 16GB DDR4 memory > 256GB solid-state hard drive for O/S and programs > 1 TB solid state hard drive for storage > Dell KM636 wireless keyboard and mouse > Uninterruptible Power Supply (UPS) > Grandstream VoIP PBX Gateway modem > 3 -Years hardware service with onsite service after remote diagnosis B Software for the above referenced SCADA computer to include: > Software and license upgrade for the city's existing HMI software to Windows 10 compatible AVEVA InTouch HMI 2020 Workstation 2K Tag with I/O. > Software and license upgrade for the city's existing alarm notification software to Windows 10 compatible WIN -911 Interactive. > Microsoft Office 2019 Professional (Outlook, Word, Excel, PowerPoint). C Professional services to configure and setup the above referenced SCADA computer including: MANUFACTURERS REPRESENTITIVES SYSTEMS INTEGRATION • INSTRUMENTATION ® MAIN OFFICE P.O. BOX 120359 ST. PAUL, MINNESOTA 55112 PHONE 651-631-9005 FAX (651) 631-0027 ❑ BRANCH OFFICE P.O. BOX 787 AMES, IOWA 50010 PHONE 515-232-4770 FAX (515) 232-0795 O BRANCH OFFICE CHICAGO, ILLINOIS PHONE 815-927-3386 FAX (651) 631-0027 January 5, 2020 Page 2 > Setting up Windows 10 and Microsoft Office 2019 Professional. ➢ Installation and setup of new updated HMI and alarm notification software and licenses. > Install the city's existing Hach WIMS Information Management software and SCADA Interface on the above referenced SCADA computer. > Recover and install all historical data from old computer. ➢ System operation and checkout. > Operator training. Your price for items A through C, FOB factory with freight allowed to jobsite including one (1) year warranty ...$19,203.00 (plus tax unless ST -3 form on file). HMI Software conversion to Rockwell FactoryTalk View Site Edition ADDER D Rockwell FactoryTalk View SE SCADA HMI software and license, to replace the city's existing Wonderware Intouch HMI software and license. E Professional services to configure and setup the above referenced HMI software include: > Development and testing of new HMI screens similar to existing Wonderware HMI screens. > Operator training. Your ADDER for items D through E, FOB factory with freight allowed to jobsite including one (1) year warranty ...$9253.00 (plus tax unless ST -3 form on file). Microsoft Excel based Reporting Software ADDER F G Replacement of existing Hach WIIVIS Information Management software and license with Microsoft Excel based reporting package. Professional services to configure and setup the above referenced Microsoft Excel based reporting package include: ➢ Installation, customization, and testing of reports. > Operator training. January 5, 2020 Page 3 Your ADDER for items F through G, FOB factory with freight allowed to jobsite including one (1) year warranty ...$2425.00 (plus tax unless ST -3 form on file). The above prices for items A through G do not include any: ➢ Sales or use tax. ➢ Printers (existing to be reused). ➢ Monitors (reuse existing). ➢ Network switches or firewalls (existing to be reused). Thank you very much for the opportunity of providing you with the above proposal, should you wish to proceed with an order please sign on the space provided below and return a copy to this office. Look forward to hearing from you, should you have any questions please do not hesitate to give me a call. Sincerely, Toht E. RA/ Todd E. Riley Automatic Systems Company Items A through C: WTP SCADA Computer Hardware & Software Upgrades Accepted by: Date: Adder Items D & E: Replacement of Wonderware Intouch HMI software with Rockwell FTView SE HMI Software Accepted by: Date: Adder Items F & G: Replacement of Hach WIMS Information Management Software with Excel based reporting Accepted by: Date: cc: Ms. Jane Kramer Mr. Ryan Willis MEMORANDUM TO: Mayor Martin and City Council Members FROM: Steve Scherer, Public Works Director DATE: January 27, 2021 MEETING: February 2, 2021 SUBJECT: Wage Increase – Public Works Maintenance Worker Joe Ende Public Works Maintenance Worker Joe Ende started employment with the City of Medina on February 2, 2015 - six years to the date of this meeting! Joe has held a Class A Driver’s License, a Class D Water Operator’s License, and is enrolled to take the Wastewater Operator Exam in March of 2021 (the 2020 exam was canceled due to the pandemic). Joe has been part of the on-call rotation for years and has an excellent understanding of all Public Works activities and responsibilities. Back in 2015 Joe was hired at the very low end of his pay scale. Joe hit the ground running and continues to excel within Public Works. Joe’s contributions and work ethic have proven he should be at the top of his pay scale. Employees typically reach the top within five years of employment. Knowing we may need to extend an offer on the higher end of the pay scale to fill the vacant position in Public Works, I recommend advancing Joe Ende to Step 8 in his current pay grade. Finance Director Barnhart remarked there will be no impact to the 2021 budget because the vacant position has remained unfilled for the past two years. Recommendation Move Joe Ende to a Step 8, at a rate of $34.43 in his current pay grade, beginning with the current pay period. Agenda Item # 5C TO: Mayor Martin and City Council Members FROM: Director Jason Nelson DATE: January 28, 2021 RE: Ruth Ostrem Donation On January 26, 2021, the police department received a check from Memorial for Ruth Ostrem for $50.00 thanking us for our service. I would ask the Medina City Council to accept the donation for our crime prevention programs and direct staff to respond with a thank you letter to the Memorial for Ruth Ostrem. MEMORANDUM Agenda Item # 5E Resolution No. 2021- February 2, 2021 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION ACCEPTING DONATION FROM MEMORIAL FOR RUTH OSTREM WHEREAS, the Memorial for Ruth Ostrem has generously offered to donate a check in the amount of $50 (the “Donation”) to the city of Medina (the “City”); and WHEREAS, the Donation will be dedicated to the City’s Crime Prevention Programs; and WHEREAS, the City wishes to accept the Donation and express its gratitude to the Memorial for Ruth Ostrem for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that the City accepts the Donation and thanks the Memorial for Ruth Ostrem. Dated: February 2, 2021. ____________________________________ 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. Offices in Minneapolis Saint Paul St. Cloud Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax kennedy-graven.com Affirmative Action, Equal Opportunity Employer JULIE A. EDDINGTON Attorney at Law Direct Dial (612) 337-9213 Email: jeddington@kennedy-graven.com January 25, 2021 Erin Barnhart, Finance Director City of Medina 2052 County Road 24 Medina, MN 55340 Re: Resolution approving the reissuance of the Educational Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018 Dear Erin, On December 28, 2018, the City of Medina (the “City”) issued its Educational Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018 (the “Note”), in the original aggregate principal amount of $7,000,000. The City loaned the proceeds of the Note to Yeshiva of Minneapolis, a Minnesota nonprofit corporation (the “Borrower”), to (i) refinance the acquisition of a building located at 4411 Minnetonka Boulevard, St. Louis Park, Minnesota, and to expand the Borrower’s school facilities located at 3115 Ottawa Avenue South, St. Louis Park, Minnesota, by constructing a new gymnasium and constructing new student dormitories (the “Project”); (ii) finance capitalized interest during the construction of the Project, if necessary; and (iii) pay costs of issuance of the Note. With the permission of Bremer Bank, National Association, a national banking association, as the purchaser of the Note (the “Lender”), the Project may also include the renovation of the building located at 4411 Minnetonka Boulevard, St. Louis Park, Minnesota, to provide faculty housing. The Lender has agreed to amend certain terms of the Note, including lowering the annual interest rate on the Note and extending the maturity date of the Note (the “Amendments”). Such Amendments are considered to be a significant modification of the Note and will result in a “reissuance” of the Note for tax purposes pursuant to Section 1.1001-3 of the Treasury Regulations promulgated under the Internal Revenue Code of 1986, as amended (the “Code”). For tax purposes, the Note will be treated as being refunded on the effective date of the Amendments. In accordance with Section 147(f) of the Code, the City is required to hold a public hearing to approve the reissuance of the Note. Enclosed is a resolution to be considered by the City Council following the public hearing on February 2, 2021. The resolution approves the Amendments to the Note and the reissuance of the Note as well as the execution and delivery of an amended and restated Note, incorporating the Amendments, and an information return to be filed with the Internal Revenue Service. The Note will continue to be secured solely by the revenues derived from the Loan Agreement, dated as of December 1, 2018 (the “Loan Agreement”), between the City and the Borrower and from other security originally provided by the Borrower in connection with the original issuance of the Note. The Note will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City (other than the interests of the City in the Loan Agenda Item # 7A Agreement) and will not be secured by any taxing power of the City. The Note will not be subject to any debt limitation imposed on the City. The reissuance of the Note will not adversely affect the City’s ability to issue bonds in 2021 or to designate any such bonds as bank-qualified bonds under Section 265(b)(3) of the Code. I will attend the City Council meeting on February 2, 2021 and can answer any questions that may arise during the meeting. Please contact me with any questions you may have prior to the City Council meeting. KENNEDY & GRAVEN, CHARTERED Julie Eddington ME230-683 (JAE) 699325v1 Resolution No. 2021- February 2, 2021 Member ______ introduced the following resolution and moved its adoption. CITY OF MEDINA, MINNESOTA RESOLUTION NO. 2021- RESOLUTION APPROVING AMENDMENTS TO THE EDUCATIONAL FACILITIES REVENUE NOTE (YESHIVA OF MINNEAPOLIS PROJECT), SERIES 2018, AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO BE IT RESOLVED by the City Council (the “City Council”) of the City of Medina, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. On December 28, 2018, the City issued its Educational Facilities Revenue Note (Yeshiva of Minneapolis Project), Series 2018 (the “Note”), in the original aggregate principal amount of $7,000,000, pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended, Minnesota Statutes, Section 471.656, as amended, and a resolution adopted by the City Council on December 4, 2018 (the “Note Resolution”). The City loaned the proceeds of the Note (the “Loan”) to Yeshiva of Minneapolis, a Minnesota nonprofit corporation (the “Borrower”), pursuant to the terms of a Loan Agreement, dated as of December 1, 2018 (the “Loan Agreement”), between the City and the Borrower. The City assigned its rights to the basic payments and certain other rights under the Loan Agreement to Bremer Bank, National Association, a national banking association (the “Lender”), pursuant to a Pledge Agreement, dated as of December 1, 2018 (the “Pledge Agreement”), between the City and the Lender. The Borrower secured its obligations with respect to the repayment of the Loan pursuant to a Combination Mortgage, Security Agreement, and Fixture Financing Statement, dated as of December 1, 2018 (the “Mortgage”), by the Borrower in favor of the Lender, and an Assignment of Leases and Rents, dated as of December 1, 2018 (the “Assignment of Leases and Rents”), by the Borrower in favor of the Lender. 1.02. The proceeds of the Note were used to (i) refinance the acquisition of a building located at 4411 Minnetonka Boulevard, St. Louis Park, Minnesota, and to expand the Borrower’s school facilities located at 3115 Ottawa Avenue South, St. Louis Park, Minnesota, by constructing a new gymnasium and constructing new student dormitories (the “Project”); (ii) finance capitalized interest during the construction of the Project, if necessary; and (iii) pay costs of issuance of the Note. With the permission of Bremer Bank, National Association, a national banking association, as the purchaser of the Note, the Project may also include the renovation of the building located at 4411 Minnetonka Boulevard, St. Louis Park, Minnesota, to provide faculty housing. 1.03. The Lender has agreed to amend certain terms of the Note (the “Amendments”), including lowering the interest rate payable on the Note and extending the maturity date of the Note. 1.04. The City has been advised by Kennedy & Graven, Chartered, acting as bond counsel (“Bond Counsel”), that the proposed Amendments constitute a significant modification of the Note and will cause a “reissuance” of the Note for tax purposes pursuant to Section 1.1001-3 of the Treasury Regulations promulgated under the Internal Revenue Code of 1986, as amended (the “Code”). For tax purposes, the Note will be treated as being refunded on the effective date of the Amendments. 1.05. On the date hereof, the City Council held a duly noticed public hearing regarding the approval of the Amendments, where all persons interested were given the opportunity to be heard. Resolution No. 2021- 2 February 2, 2021 1.06. There has been presented before the City Council (i) an amended and restated form of the Note, which incorporates the Amendments; and (ii) an amendment to the Mortgage between the Borrower and the Lender, which extends the maturity date set forth in the Mortgage. Section 2. Findings; Authorizations and Approvals. 2.01. The City Council hereby consents to and approves the Amendments to the Note and authorizes and directs the Mayor and the City Administrator to execute the amended and restated Note substantially in the form on file with the City on the date hereof, which is hereby approved, with such changes as shall be approved by the Mayor and the City Administrator; provided that the execution thereof by the Mayor and the City Administrator shall be conclusive evidence of such approval. 2.02. The Mayor and the City Administrator are hereby designated as the representatives of the City with respect to the Amendments to the Note. The Mayor, the City Administrator, and other officers of the City are authorized and directed to execute and deliver any and all certificates, agreements, or other documents which are required by the Loan Agreement, or any other agreements, certificates, or documents which are deemed necessary by Bond Counsel to documents as are necessary, customary, or appropriate in connection with the reissuance of the Note, or are required by Bond Counsel to complete the Amendments to the Note and establish the validity or enforceability of the Note or the exclusion from gross income of interest on the Note for purposes of federal income taxation and State of Minnesota taxation (including but not limited to the execution of an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038). 2.03. As provided in the Loan Agreement and the Note Resolution, the Note shall not be payable from nor charged upon any funds other than the revenues pledged to its payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Note shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Note or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder, which have been assigned to the Lender pursuant to the Pledge Agreement. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreement, and the revenues and assets thereunder, which have been assigned to the Lender pursuant to the Pledge Agreement. Section 3. Effective Date. This resolution shall be in full force and effect from and after its passage. Dated: February 2, 2021. Mayor Attest: 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. Krinke – 2905 Willowood Farm Rd. Page 1 of 6 February 2, 2021 CUP City Council MEMORANDUM TO: Honorable Mayor and City Council FROM: Dusty Finke, Planning Director DATE: January 28, 2021 MEETING: February 2, 2021 City Council Meeting SUBJ: Lothar and Mona Krinke – 2905 Willowood Farm Rd - CUP for addition to accessory structure Review Deadline Application received: December 11, 2020 120-day review deadline: April 9, 2021 Summary of Request Lothar and Mona Krinke have applied for a conditional use permit to add an approximately 12,000 square foot indoor riding arena to an existing barn at 2905 Willowood Farm Road. The subject property is located at the northwest corner of Willow Drive and Willowood Farm Road and is just under 25 acres in size. The property and all surrounding lands are zoned Rural Residential (RR). School Lake is located west of the subject property, and the western approximately ½ of the subject property is located within the 1000’ shoreland overlay district. There is a wetland adjacent to the lake in the western portion of the site and most of the property is pasture. Existing improvements include the home, barn, and several loafing sheds within the pasture. An aerial of the site is provided at the top of the following page. The City’s zoning code include regulations on the maximum size of accessory structures on residential properties. Properties over 5-acre in size are permitted accessory structures up to 5000 square feet and larger structure with approval of a conditional use permit (CUP). A CUP for larger accessory structures requires certain standards which are discussed later in the report. The following table summarizes the proposed addition in relation to the requirements of RR district: RR Requirement Proposed Animal Structure Setback 150 feet Willow Drive 150 feet 546 feet North 150 feet 150 feet South 150 feet 450 feet West 150 feet 565 feet (existing barn) Lake Setback 150 feet 600 feet (existing barn) Hardcover 25% max w/in 1000 feet 12% Total Lot 40% 8% w/in 1000 feet of lake 25% 12% Building Height 30 feet (average grade to midpoint of roof) 22.25 feet (midpoint) 29 feet to peak Agenda Item # 8A Krinke – 2905 Willowood Farm Rd. Page 2 of 6 February 2, 2021 CUP City Council Analysis In addition to the general requirements of the RR district, the CUP is subject to additional standards. These include a set of standards specific to larger accessory structures and a set of standards which apply to all conditional uses. CUP for Accessory Structures in Excess of 5,000 SF According to Section 825.19 of the City Code, properties over 5 acres in size are permitted to include a maximum of two accessory structures with a maximum aggregate footprint of 5000 s.f. Accessory structures which exceed these limitations are conditional uses subject to the following additional standards described in Section 826.98. Staff has described compliance with each standard below each in italics: (i) The accessory building’s design shall include architectural interest through the appropriate use of the following elements: cupolas, dormers, windows, porches, overhangs, varied building foundation, or other design treatments which the city council determines create a quality architectural design that enhances the appearance of the accessory building and complements the principal dwelling and the rural residential character or residential neighborhood in which the building is to be constructed; The proposed riding arena addition is proposed to include three vertical elements along the peak of the roof with cupolas. An overhang is proposed over the door on the eastern end, facing Krinke – 2905 Willowood Farm Rd. Page 3 of 6 February 2, 2021 CUP City Council Willow Drive. Windows are proposed along each façade. The existing barn also includes various architectural elements including dormers and overhangs. The northern façade is proposed on a single horizontal plane, although each there are different vertical planes. There is some vegetation along the northern property line to the north of the existing barn and proposed addition. The Planning Commission and Council can discuss whether the architectural design is consistent with this requirement. (ii) At least two colors or textures shall be used in the accessory building’s exterior design, including contrasting trim or fascia; The applicant proposes white metal as the primary color, which would match the existing structure. The applicant now proposes blue along the lower portion of the metal panels. The proposed roof panels are taupe. The applicant also proposes blue trim and shutters on the addition. (iii) Any metal exterior materials on the accessory building shall be warranted to resist fading for a period of at least 15 years; and The proposed metal exterior includes a 30-year fade warranty. (iv) The accessory building shall have an infiltration basin, rain garden, rain barrel or other similar best management practice used to capture storm water runoff from the building and to improve water quality. Said best management practice must be reviewed and approved by the city council. The applicant proposes to construct a filtration basin to the south of the proposed addition. Staff recommends a condition that the applicant provide additional detail on grading, drainage, and design of the basin consistent with City standards. Staff also recommends that the drainage from the structure be designed to direct runoff towards the basin and minimize drainage from hard surfaces across paddocks and dry lots. General Conditional Use Permit Standards Section 825.39 of the City Code includes more general standards for reviewing any conditional use permit: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff does not believe this structure will be injurious to nearby property nor impair property values. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. Staff does not believe this structure will impede the normal and orderly development of surrounding vacant property. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. As noted above, the applicant will be required to provide stormwater management as a condition of approval. The Applicant has provided a manure plan, and staff recommends a condition that the plan be implemented and monitored. The application triggers the City’s wetland protection Krinke – 2905 Willowood Farm Rd. Page 4 of 6 February 2, 2021 CUP City Council ordinance, and buffers with an average width of 20 feet will be required adjacent to the large wetland downslope from the structure. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Staff does not believe this use causes parking or loading concerns. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff recommends a condition for implementation of a manure plan and pasture management to reduce impacts of manure and prevent overgrazing and erosion. Section 826.25, Subd. 8 provides standards for animal density. There may be one animal unit for the first two grazeable acres of a property and one additional animal unit for each grazeable acre of land thereafter. The subject property includes more than 15 grazable acres, but the applicant proposes to house a maximum of 8 horses. The manure storage and management plan is sufficient for eight horses, but would need to be adjusted for more animals. Staff recommends a condition limiting the number of horses to 8 unless the manure management plan is updated. If the owner updates the manure management plan, horses could be increased to the amount permitted by code. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. City Code allows for this size accessory structure as a conditional use. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Staff believes an accessory barn and riding arena is consistent with rural residential lots. 8. The use is not in conflict with the policies of the City. Staff does not believe the proposed use is in conflict with the policies of the City. 9. The use will not cause traffic hazard or congestion. Staff does not believe the CUP would cause traffic or congestion concerns. Staff recommends a condition that the structure is used for private use only and not for commercial purposes. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff does not believe the use would cause these concerns. 11. The developer shall submit a time schedule for completion of the project. The applicant proposes to construct the addition during 2021. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The applicant has provided a copy of the deed for the property. Krinke – 2905 Willowood Farm Rd. Page 5 of 6 February 2, 2021 CUP City Council Review Criteria When reviewing a conditional use permit request, the Planning Commission and City Council should review the specific and general criteria described above. Review of a CUP is a quasi- judicial review, so if the criteria are met, the CUP should be approved. As described in Section 825.41 of the City Code: “In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified in this Ordinance, additional conditions which the City Council considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited, to the following: 1. Increasing the required lot size or yard dimensions. 2. Limiting the height, size or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. 5. Increasing the number of required off-street parking spaces. 6. Limiting the number, size, location or lighting of signs. 7. Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space.” Planning Commission Recommendation The Planning Commission held a public hearing at the January 12 meeting. An excerpt from the meeting minutes is attached for reference. The neighbor adjacent to the north spoke at the hearing and was generally supportive of the request. The City also received written comment from this neighbor and one additional resident, which are attached for reference. The original plans proposed white metal for all of the walls of the addition, without contrasting trim, shutters, or colors. The Planning Commission recommended that the architecture of the addition be improved. The applicant has proposed shutters and contrasting color for trim and the bottom of the wall panels. The City Council can discuss whether the architectural features are sufficient. Beyond the request for improved architectural elements, the Planning Commission recommended approval of the CUP subject to the following conditions: 1. The Applicants shall install improvements as indicated on the civil plans received by the City on 12/11/2020 and architectural plans received by the City on 1/25/2021, except as modified by the conditions herein. 2. The Applicant shall address comments made by the City Engineer. 3. The Applicant shall update plans to provide additional detail on proposed grading, drainage and design of the filtration basin. Plans shall maximize runoff from impervious surface to the filtration basin and direct runoff away from the paddock area. 4. The accessory structure shall only be used for private purposes and no commercial boarding or other activity shall be permitted. 5. The Applicant shall meet the requirements of the wetland protection ordinance, including provisions for recordation of easements, planting of appropriate vegetation and installation of required signs. 6. The Applicant shall execute a stormwater maintenance agreement and maintain stormwater management practices as described in the agreement. Krinke – 2905 Willowood Farm Rd. Page 6 of 6 February 2, 2021 CUP City Council 7. Manure shall be managed in a manner which prevents nuisance and protects water quality. The applicant shall implement manure management plan submitted to the City, and management shall be subject to periodic review by city staff. 8. The Applicant shall manage the use of pasture in a manner which prevents overgrazing and erosion. 9. The number of animal units shall not exceed eight unless manure and pasture management plans are approved by City staff for additional animals. In any event, animal density on the Property shall not exceed the amount permitted in the RR district (grazable acres minus 1). 10. The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for the conditional use permit. Potential Action Following review, if the Council finds that the proposal meets the general and specific criteria noted above, the following action can be considered: Move to direct staff to prepare a resolution granting conditional use permit approval subject to the conditions noted in the staff report. Attachments 1. Document List 2. Excerpt from draft 1/12/2021 Planning Commission minutes 3. Emails received (Nunn, Edlund) 4. City Engineer Comments 5. Manure Management Plan 6. Plans 7. Original elevations (for reference) 1/28/2021 Project: LR-20-283– Krinke CUP The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Document Date Pages Electronic Paper Copy? Notes Application 12/11/2020 12/11/2020 3 Yes Yes Deposit 12/11/2020 12/11/2020 1 Yes Yes $1000 Plans 12/11/2020 12/10/2020 4 Yes Yes 3 site; 1 arch Existing survey 12/11/2020 2/4/2011 1 Yes Yes Manure management contract 12/11/2020 12/7/2020 1 Yes Yes Metal panel specs and warranty 12/11/2020 NA 4 Yes Yes Updated Elevations 1/25/2020 NA 1 Yes No Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineer Comments 12/30/2020 1 Y Building Comments 12/14/2020 1 Y Legal Comments 12/21/2020 1 Y No Comments Minnehaha Creek 12/15/2020 1 Y ESC only Notice 12/22/2020 4 Y 7 page with affidavit, map, list Planning Commission Report 11/6/2020 6 Y 12 pages with attachments City Council Report 1/28/2021 6 Y OVER 1/28/2021 Public Comments Document Date Electronic Notes Nunn Email 1/10/2021 Y Edlund email 1/12/2021 Y Medina Planning Commission Excerpt from Draft 1/12/2021 Minutes 1 Public Hearing – Lothar and Mona Krinke – 2905 Willowood Farm Road – Conditional Use Permit for Construction of Approximately 12,600 Square Foot Addition to Existing Barn for Indoor Riding Arena Finke presented a request for the Conditional Use Permit (CUP) for the property located at 2905 Willowood Farm Road to construct a 12,600 square foot addition to the existing barn on the property. He stated that accessory structures in excess of 5,000 are allowed on properties over five acres in size through a CUP. He reviewed the other structures that exist on the property which is zoned rural residential. He displayed the site plan with the proposed arena on the east side of the existing barn and reviewed details on the topography of the site. He displayed the proposed elevation of the addition and noted that the proposed construction would meet all the dimensional standards of the zoning district. He stated that the CUP has a list of standards that apply to all CUP requests along with additional architectural and stormwater standards. He noted that the proposed addition would be taller than the existing barn, which provide a variation in the façade of the structure. He stated that staff would recommend an additional color or accent material on the addition. He stated that the applicant has shown a filtration basin/rain garden in order to provide the stormwater treatment and noted that staff would like additional details on that improvement to show the necessary treatment. He stated that staff recommends approval contingent upon the conditions noted in the staff report. Popp referenced the general CUP standard related to traffic, where staff recommends that this be used for private use and not commercial use. He asked for input from staff noting that a nearby arena has commercial use and asked if this would then be inconsistent. Finke replied that within the rural residential zoning district the City does not allow commercial horse facilities, although there are commercial horse facilities throughout the City that are non-conforming and have been grandfathered in. He stated that the current regulations would not allow for a new commercial horse facility within this zoning district. He stated that commercial horse facilities must be located on arterial roadways because of the traffic that would come from that type of use. Sedabres asked for input on the elevation change from Willow to the property and whether there would be visual impact from Willow. Finke replied that the east end of the structure would be visible from Willow, even though it is setback from the road quite a ways. He commented that there is vegetation immediately north of the addition which would make it less visible from that direction. Galzki asked for details on one of the elevation markers and whether that is shown incorrectly. Finke replied that there is a steep slope from Willow Drive to the structure and provided additional details, noting that the structure sits quite a bit lower from Willow Drive. He stated that the elevation of Willowood Farm Road is more accurately aligned with the floor of the structure. Eric Finch, contractor for the applicant, stated that he will follow up to correct any incorrect elevations shown. Nielsen opened the public hearing at 7:31 p.m. Finke stated that staff received two email comments: one from the property owner to the north of this site and one from Skyrock Farm. He stated that the emails were distributed to the Commission prior to the meeting and both parties were generally in favor of the request as proposed. Medina Planning Commission Excerpt from Draft 1/12/2021 Minutes 2 Nielsen closed the public hearing at 7:33 p.m. Galzki commented that in reviewing the information this appears to be a great project and is fitting for the area and surrounding uses. He stated that it appears that the setback requirements and general CUP standards would be met through this request. He stated that in general the community supports this type of development and it adds to the rural character of the community. Grajczyk agreed that this looks to be a good project and fitting to the community. Piper stated that she would be recusing herself from this discussion as she sold this property to the applicant. Popp commented that that he supports the conditions proposed by staff related to architectural design. He stated that this seems to be a basic design and believed that the existing barn has more architectural interest. He commented that this could be a long wall of white metal and suggested that additional trim be added. He referenced the landscaping and stated that he did not see anything proposed. He stated that he would like to see natural landscaping such as trees or rocks to offset this large manmade structure. Rhem stated that he echoed the comments of support as this project meets the requirements and also supports the additional recommendations of staff. Sedabres stated that he also supports the request subject to the conditions recommended by staff. Nielsen stated that she also supports the project and agrees it would be nice to have an additional design element to break up the long wall. Motion by Sedabres, seconded by Grajczyk, to recommend approval of the Conditional Use Permit subject to the conditions noted in the staff report. A roll call vote was performed: Galzki aye Grajczyk aye Piper abstain Popp aye Rhem aye Sedabres aye Nielsen aye Motion carried. Finke commented that the intent is to present this to the City Council at its February 2, 2021 meeting. 1 Dusty Finke From:Bill Nunn <skyrockfarm@gmail.com> Sent:Sunday, January 10, 2021 8:08 PM To:Dusty Finke; Dusty Finke Subject:Jan 12 council meeting I have no objection to the planned building at 2905 Willowood Farm Rd.  Thanks,  Bill Nunn.    1 Dusty Finke From:Scott Johnson Sent:Tuesday, January 12, 2021 2:27 PM To:Dusty Finke; Debra Peterson Subject:FW: Public Hearing 01/12/2021 Hi Dusty and Deb,    I received the following public comment for the PC meeting tonight.    Scott    From: Website Inquiries <city@medinamn.gov>   Sent: Tuesday, January 12, 2021 2:26 PM  To: Scott Johnson <scott.johnson@medinamn.gov>  Subject: FW: Public Hearing 01/12/2021        From: Patricia Edlund <trish.edlund@gmail.com>   Sent: Tuesday, January 12, 2021 8:00 AM  To: Website Inquiries <city@medinamn.gov>  Cc: Lothar Krinke, Ph.D. <Lothar.Krinke@magstim.com>; Todd Edlund <todd.edlund@entegris.com>  Subject: Public Hearing 01/12/2021    Dear Members of the Medina Planning Commission,    We support Lothar and Mona's decision to build an indoor riding arena.  We are their immediate neighbors to the north.    Best regards,    Trish and Todd Edlund  3155 Willow Drive  Medina, MN 55340      1 Dusty Finke From:Jim Stremel <JStremel@wsbeng.com> Sent:Wednesday, December 30, 2020 11:40 AM To:Dusty Finke Cc:Debra Peterson; Steve Scherer; Batty, Ronald H.; Anderson, David T.; Heather Nelson; Alison Harwood Subject:RE: New Land Use Application: LR-20-283 Krinke CUP Dusty,    Here are our engineering comments on this plan:    ‐  Site/Grading Plan Comments:  1. Provide a more detailed grading plan showing existing/proposed contouring and spot elevations in and around  the proposed building and driveway/walkway areas.  2. Note finished floor elevations of existing/proposed buildings.  3. Provide grade percentages with the grading arrows.  4. Confirm whether or not there will be water/sewer service to the building.  Show any existing well locations that  maybe nearby (within the plan view).  5. Provide more detail/spot elevations for the proposed rain garden.  Soils in Medina are not conducive to  infiltration, a perforated underdrain will be required. Note the size/type of underdrain pipe, a cleanout will also  be needed at the upstream end.  6. Note roof gutter system and downspout locations, if applicable.  ‐ There are no wetlands in the area of the proposed riding arena (Alison reviewed this property last fall). There is a  wetland identified in the SE corner of the property that is classified as a Manage 3. This wetland will require an average  20‐foot buffer (minimum 15‐feet). This wetland is not shown on the site plan. They had a delineation completed for the  development site itself, but they did not include the wetland in the SE in that plan. They can complete a Level 1  delineation for that wetland in order to set the buffer, or the city can provide an estimate of the boundary (Dusty can  provide the fee information for that).  ‐ Stormwater Management:   7. The total site impervious amounts to appx 2.5 acres. This exceeds the amount allowed under the single‐family  residential project exemption from stormwater management.    8. Provide the amount of impervious surface proposed for this site plan.  9. Provide calculations for sizing proposed rain garden.   10. Provide pretreatment from arena runoff to rain garden.  11. Provide erosion/erosion control on site/grading plan.    Let us know if you have any questions or further comments to add.    Jim Stremel , PE Sr. Project Manager 763.287.8532 (o) | 612.419.1549 (m) WSB | wsbeng.com This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. Manure Hauling Contract December 7, 2020 Lothar and Mona Krinke 2905 Willowood Farm Rd. Medina, MN 55359 • RAM Buildings, Inc. will load, haul away and dispose of all horse manure at the above address at a minimum of every 3 months or as an on -call notice when the manure storage area is at 75% capacity. • Disposal fee is $600 per End Dump load, approx. 25 cubic yards. Mona Krinke 592 Industrial Drive • P.O. Box 660 • Winsted, MN 55395 • Toll Free (800) 710-4726 • Office (320) 485-2844 • Fax (320) 485-3625 www.ramexcavating.com GSPublisherEngine 2383.50.51.100 70 ' X 18 0 ' X 16 ' OF © ALL DRAWINGS AND CONTENT COPYRIGHT RAM GENERAL CONTRACTING INC. CALL RAM GENERAL CONTRACTING INC. TO OBTAIN COPIES OF THIS PLAN. UNAUTHORIZED REPRODUCTION OF THESE PLANS IS A VIOLATION OF FEDERAL LAW. A R M Ge n e r a l C o n t r a c t i n g , In c . CO N S T R U C T I O N SE R V I C E S R.S. DR A W N B Y : KR I N K E A R E N A A D D I T I O N ME D I N A , MN 59 2 In d u s t r i a l D r i v e P.O. Bo x 66 0 Wi n s t e d , Mi n n e s o t a 55 3 9 5 32 0 -48 5 -28 4 4 8 0 0 -71 0 -47 2 6 Fa x 32 0 -48 5 -36 2 5 ww w .ra m b u i l d i n g s .co m Co n t r a c t o r L i c e n s e N u m b e r 20 1 7 1 9 7 6 PR O J E C T N A M E : BU I L D I N G D E S C R I P T I O N : PR O J E C T N U M B E R : DE S I G N N U M B E R : P20 3 9 3 DA T E : SH E E T 12 /10 /20 2 0Krinke Created on 11/24/2020 0 0.04 0.08 0.120.02 Miles The State of Minnesota and the Minnesota Department of Natural Resources makes no representations or warranties expressed or implied, with respect to the use of maps or geographic data provided herewith regardless of its format or the means of its transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability, or reliability of this data for any purpose. The user accepts the data “as is." The State of Minnesota assumes no responsibility for loss or damage incurred as a result of any user reliance on this data. All maps and other material provided herein are protected by copyright. Extreme care was used during the compilation of this product. However, due to changes in ownership and the need to rely on outside information, errors or omissions may exist. If you should discover an oversight, we encourage you to let us know by calling the DNR at 1-888-646-6367 or by e-mail at info.dnr@state.mn.us. Note: Elevation images and contours were generated from LiDAR derived elevation surfaces acquired 2007-2012. ³1:3,934Scale: 0 50'100'200' SITE PLAN WITH TOPO E L E V . 1 0 0 0 E L E V . 1 0 1 0 ELE V . 102 0 ELE V . 1020 EL E V . 1010 PROPERTY LINES NORTH SEE ENLARGED BUILDING SITE PLAN ARENAEXISTING 3 1 12/10/2020 3:14 PM; Krinke Addn Topo, Enlarged Site Plans, Rain Garden Details GSPublisherEngine 2383.50.51.100 70 ' X 18 0 ' X 16 ' OF © ALL DRAWINGS AND CONTENT COPYRIGHT RAM GENERAL CONTRACTING INC. CALL RAM GENERAL CONTRACTING INC. TO OBTAIN COPIES OF THIS PLAN. UNAUTHORIZED REPRODUCTION OF THESE PLANS IS A VIOLATION OF FEDERAL LAW. A R M Ge n e r a l C o n t r a c t i n g , In c . CO N S T R U C T I O N SE R V I C E S R.S. DR A W N B Y : KR I N K E A R E N A A D D I T I O N ME D I N A , MN 59 2 In d u s t r i a l D r i v e P.O. Bo x 66 0 Wi n s t e d , Mi n n e s o t a 55 3 9 5 32 0 -48 5 -28 4 4 8 0 0 -71 0 -47 2 6 Fa x 32 0 -48 5 -36 2 5 ww w .ra m b u i l d i n g s .co m Co n t r a c t o r L i c e n s e N u m b e r 20 1 7 1 9 7 6 PR O J E C T N A M E : BU I L D I N G D E S C R I P T I O N : PR O J E C T N U M B E R : DE S I G N N U M B E R : P20 3 9 3 DA T E : SH E E T 12 /10 /20 2 0 ©2020 Hennepin County — All Rights Reserved Disclaimer +– 0 50 100ft Map layersProperty Go to Property links Clear results PID: 1611823110007 2905 Willowood Farm Rd Medina, MN 55340 Owner/Taxpayer Owner: A L P i p e r & C S P i p e r Taxpayer: ADDISON L PIPER CYNTHIA S PIPER 2905 WILLOWOOD FARM RD HAMEL MN 55340 Tax Parcel Parcel Area:24.91 acres 1,084,888 sq ft Torrens/Abstract: A b s t r a c t Addition: W i l l o w o o d F a r m Lot:001 Block:001 Metes & Bounds: Lot 1, Block 1, Willowood Farm, And The East 134.00 Feet Of That Part Of Lot 1, Block 1, Fox Run Farm, Which Lies Southerly Of The Westerly Note: This Is A Partial Metes & Bounds Description. Tax Data (Assessed 2019, Payable 2020) Market Value: $ 2 , 8 1 5 , 2 0 0 Total Tax: $ 3 7 , 0 3 5 . 5 4 Property Type: R e s i d e n t i a l Homestead: H o m e s t e a d Year Built: 1 9 8 8 Tax Data (Assessed 2020, Payable 2021) Market Value: $ 2 , 4 8 9 , 0 0 0 Property Type: R e s i d e n t i a l Homestead: H o m e s t e a d Year Built: 1 9 8 8 Sales Sale Code: W a r r a n t y D e e d Go to... Interactive MapsType an address or a property ID (PID)Search help2905 Willowood Farm Road, Medina Tools Legend Print Share Help 4' 17 ' 4' 4'17'4'4' 12 ' 4' 136'16'11 6 ' NEW ARENA EXISTING EXISTING HOLDING POND EXISTING OUTDOOR ARENA PROPOSED RAIN GARDEN CULVERT DL #1 DL #2 LEGEND EXISTING WATERERS (RELOCATED) MARK DESCRIPTION DRAINAGE ARROWS DL DRY LOT NORTH 3 2 ENLARGED BUILDING SITE PLAN 1" = 50'-0" 12/10/2020 3:14 PM; Krinke Addn Topo, Enlarged Site Plans, Rain Garden Details 0 8' 16' 24' 0 8' 16' 24' 0 8' 16' 24' 29 ' - 0 " 5' - 2 " 16 ' - 0 " TAUPE (#74) ROOF PANELS WHITE (#30) WALL PANELS WHITE (#30) WALL PANELS TAUPE (#74) ROOF PANELS CUPOLAS WHITEWINDOWS WHITEWINDOWS CUPOLAS RIDGE EAST ELEVATION SOUTH ELEVATION NORTH ELEVATION 70 ' X 18 0 ' X 16 ' 1 OF © ALL DRAWINGS AND CONTENT COPYRIGHT RAM GENERAL CONTRACTING INC. CALL RAM GENERAL CONTRACTING INC. TO OBTAIN COPIES OF THIS PLAN. UNAUTHORIZED REPRODUCTION OF THESE PLANS IS A VIOLATION OF FEDERAL LAW. A R M Ge n e r a l Co n t r a c t i n g , In c . CO N S T R U C T I O N SE R V I C E S R.S. DR A W N BY : KR I N K E AR E N A AD D I T I O N ME D I N A , MN 59 2 In d u s t r i a l Dr i v e P.O. Bo x 66 0 Wi n s t e d , Mi n n e s o t a 55 3 9 5 32 0 -48 5 -28 4 4 80 0 -71 0 -47 2 6 Fa x 32 0 -48 5 -36 2 5 ww w .ra m b u i l d i n g s .co m Co n t r a c t o r Li c e n s e Nu m b e r 20 1 7 1 9 7 6 PR O J E C T NA M E : BU I L D I N G DE S C R I P T I O N : PR O J E C T NU M B E R : DE S I G N NU M B E R : P20 3 9 3 1 DA T E : SH E E T 12 /10 /20 2 0 0 8'16'24' 0 8'16'24' 0 8'16'24' 29 ' - 0 " 5' - 2 " 16 ' - 0 " TAUPE (#74) ROOF PANELS WHITE (#30) WALL PANELS WHITE (#30) WALL PANELS TAUPE (#74) ROOF PANELS CUPOLAS WHITE WINDOWS WHITE WINDOWS CUPOLAS RIDGE EAST ELEVATION SOUTH ELEVATION NORTH ELEVATION 12/10/2020 11:23 AM; COLOR ELEVATIONS Piper Page 1 of 3 February 2, 2021 Lot Combination City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: January 28, 2021 MEETING: February 2, 2021 City Council SUBJ: Addison and Cynthia Piper – Lot Combination – 1745 Hunter Drive Summary of Request Cynthia and Addison Piper have requested approval from the City to combine two parcels into a single lot. The existing parcels do not meet minimum lot size standards, and while the combination would not bring the parcels into full compliance, it does improve the situation. The subject property is located at the southwest corner of County Road 24 and Hunter Drive. The subject property contains a recently constructed single family home in the southeastern portion of the site, and the western 1/3 of the property is wetland. The subject site is outlined in blue below, and the property line between the two parcels which is proposed to be removed is in red. Agenda Item # 8B Piper Page 2 of 3 February 2, 2021 Lot Combination City Council Meeting Analysis The subject property and surrounding land is zoned Rural Residential (RR). Below is a summary of the existing lots and proposed lots in comparison to the RR standards: The lot resulting from the combination would not meet the minimum lot size of the RR district, but the combination provides a larger upland area within a single lot. Almost all of the northern property includes either steep slopes, or sits only 2-3 feet higher than the adjacent wetland and the combination would eliminate a future request for construction of principal home in these conditions. While the lots do not conform with current regulations, there are provisions within City Code which may allow such lots to be considered buildable. These provisions allowed for the home to be constructed upon Lot 3 and, if the lots are not combined, an owner of Lot 2 may be able to make a similar claim. The combination would remove this possibility. Easements/Wetlands There do not appear to be drainage and utility easements along the property line to be removed. The City usually recommends that such easements be vacated if they are on the property. Wetland buffer easements were provided at the time of construction of the home on the property. Review Criteria/Staff Recommendation The Planning Commission does not review lot combinations or lot line rearrangements. The Commission has passed a motion supporting waiving such review to allow expedited review of such requests, unless the City Council or staff refer the application for their review. The subdivision ordinance establishes the following criteria for plats and subdivisions. Staff has included potential findings for each in italics: “…The City shall deny approval of a preliminary or final plat if one or a combination of the following finding are made: (a) That the proposed subdivision is in conflict with the general and specific plans of the city, or that the proposed subdivision is premature, as defined in Section 820.28. Although the lots as combined do not meet minimum lot size requirements, the lot combination results in a single, larger lot. Improving conformity is consistent with the plans of the City. Min. Requirement Lot 2 - north PID Lot 3 - south PID Combined Parcel Gross Lot Area N/A 5.82 acres 5.33 acre 11.15 acres Minimum Lot Area 5-acre contiguous suitable 1.4 acre suitable 0.8 acre suitable 1.4 acre suitable Min. Lot Width 300 feet 308 feet 510 feet 818 feet Min. Lot Depth 200 feet 641 feet 596 feet 596 feet Front Setback 50 feet Vacant 130 feet 130 feet Side Setbacks 50 feet Vacant 122 feet 122 feet Rear Setback 50 feet Vacant 382 feet 382 feet Max Hardcover 25% Vacant 3.8% 1.83% Piper Page 3 of 3 February 2, 2021 Lot Combination City Council Meeting (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. The combination of the lots should improve these characteristics by providing more upland within a single lot. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. Although the lot as combined still falls short of minimum lot size requirements, the lot combination results in a larger lot which improves the situation and reduces the potential for additional nonconformance in the future. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. The combination of the lots is not likely to cause environmental concern. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. The combination of the lots is not likely to cause health concern. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way.” Staff does not believe the combination would conflict with streets, rights-of-way or easements. Staff generally supports the combination of lots that do not conform with minimum lot size requirements. Even though the proposed lot does not meet minimum lot size requirements, it creates a better situation. As such, staff recommends approval. If the Council concurs, the following action would be appropriate: Motion to adopt the resolution approving a lot combination of Lots 2 and 3, Block 1, Tally Ho Farms into a single parcel. Attachments 1) Resolution 2) Document List 3) Survey Resolution No. 2021-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-## RESOLUTION APPROVING A LOT COMBINATION OF LOTS 2 AND 3, BLOCK 1, TALLY HO FARMS WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Addison L. Piper and Cynthia S. Piper (the “Owners”) own two parcels of property located at 1745 Hunter Drive and adjacent to the north (collectively, the “Property”), which are legally described as: Lot 2, Block 1, Tally Ho Farms, Hennepin County, Minnesota, and Lot 3, Block 1, Tally Ho Farms, Hennepin County, Minnesota; and WHEREAS, the Owners have requested approval of a lot combination to combine the Property into a single parcel of land; and WHEREAS, the City Council reviewed the requested lot combination at the February 2, 2021 meeting and reviewed information and recommendation provided by City staff and accepted testimony of interested parties; and WHEREAS, following such review the City Council made the following findings: 1) The proposed combination is not in conflict with the general and specific plans of the City and is not premature. 2) Although the lot resulting from the combination does not meet minimum lot standards, it reduces the extent of nonconformance and brings the Property closer to compliance. 3) The lot resulting from the combination is more suitable for the rural residential use. 4) The combination is otherwise not in conflict with the findings noted in Subd. 10 of Section 820.21 of the City Code. 5) The combination meets the requirements contained in Section 820.03 of the City Code for exception from re-platting. 6) The proposed combination will not conflict with public streets and right-of-way or easements. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the lot combination of the Property such that the combined parcel shall be hereafter legally described as shown in Exhibit A, attached hereto. Resolution No. 2021## 2 DATE624339v1ME230-1PZ Dated: By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2021## 3 DATE624339v1ME230-1PZ EXHIBIT A Legal Description of Property After Lot Combination Lots 2 and 3, Block 1, Tally Ho Farms, Hennepin County, Minnesota        1/28/2021  Project:  LR‐21‐286– Piper Lot Combination  The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are  only attached in part, to Planning Commission and City Council reports.  All documents are available for review upon request at City Hall.  Documents Submitted by Applicant  Document Received Document  Date  Pages Electronic Paper  Copy?  Notes  Application 1/5/2021 1/5/2021 3 Yes Yes   Fee 1/5/2021 1/4/2021 1 Yes Yes $200  Survey 1/5/2021 6/19/2019 1 Yes Yes   Certificate of Title 1/5/2021 11/13/2020 2 Yes Yes   Deed 1/5/2021 11/13/2020 2 Yes Yes   Metal panel specs and warranty 12/11/2020 NA 4 Yes Yes   Updated Elevations  1/25/2020 NA 1 Yes No     Documents from Staff/Consultants/Agencies  Document Document  Date  # of  pages  Electronic Notes  Legal Comments 12/21/2020 1 Y No Comments  City Council Report 1/28/2021 6 Y     Public Comments   Document Date Electronic Notes              tan csi,q NOTICE Erosion Control Inspection must be done prior to excavation l Contact: Jack Gleason __— Phone: 61 424-9429/ 2,. E•D "` Email: jack.gleason ci.meOina. n.us z / l o \ w 1 a r I co 0 w 0 1 L LEGAL DESCRIPTION OF PREMSIES : Lot 3, Block 1, TALLY HO FARMS o : denotes iron marker 7 m \\ J°// 1i i i i R EDCE aATmBYF WETLNDAAs d LLC. N iDATED5-3-19 PLLC. BATED5-3-19 s N 90'00'00" E EDrF OF METLAID AS DIVIRONMENTAL, JPLLC, N DAZED 5-3-19 T T ; \I 0 1 I i / i r !l i I it / i / I /// / I1 l , / 1 1 iIilli1Iilr1 / I I\III 111i i ! / I l 1 / l/ lll I I I II i t l r \I I I J/ / l/ I l I I 1 1 I I 1 gp \/ / NOV WETLAND BUFFER ' / ! / I I I I \ \ 1 1 \\ T / 1 1 ms ) I LOT 3 PROPOSED SLE FENCE SITE ADDRESS 1745 HINTER DRIVE WETLAAp BUFFER 908. 3) : denotes existing spot elevation, mean seo level datum denotes proposed spot elevation 917--- denotes existing contour line, mean sea level datum 19301 denotes proposed contour tine lz• aW denotes existing tree to be removed tEl denotes wetland buffer monument Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, partial topography, and the proposed location of a proposed house, driveway and grades thereon. It does not purport to show any other improvements or encroachments. NOTE: The 20" Chinese Elm North of the proposed house is to remain. All other trees shown ore to be removed. Remaining vegetation is brush. 1910. 81 1 \. CERTIFICATE OF SURVEY FOR NARR CONSTRUCTION, INC T7Mo 1 \ OF LOTS 2 & 3, BLOCK 1, TALLY HO FARMS HENNEPIN COUNTY, MINNESOTA 64o. 90 LOT 2 No• M „ 0£ S1o00 S 1.... 0 . Prior to start of wor ' g`co_nst 1 I 1 i i I L95. 97 b:: on IPROPOSED TREE PROTECTION FE zo. mks ar 1, ° k t` 1 1 k I1 If' % ..\ \ \ 1 Y 1 ` \ I I \ 1 1 1 V a \ 1 0. 18 \I II 1 I 11 11 ` II ALTERNA`! E \1 1 \ \ I II SEA ieR 4fE \ \ \ I 1 i '1 I \I I p \ i 1 \ ) I I IDP f \` \ \ \ II I 1 A \ ,/ ‘ \ , , \\ \ 2 \ \\ \ \ lll l..l• ll SE AR SITE `\ \` \ II III 111 tion;\ >`, \\ \\ T\'11 I\ g: la,. a k. \. \ \ ! 111, ock e<iranca I ii,\ YI\ fencing 840.3s_.v 1,1 Jxkj,. protection around catch basins Streets shall be kept clean 8t swept. • ai v unwa.® Ssu contractor must maintain the PROPOSED ELEVATIONS (verify) 1) Garage = 2) Main floor = 3) Basement = Street address = 1745 Hunter Drive Zoning district = Rural residential 11012. 271 11012. 791 11002. 11 HARDCOVER CALCULATIONS : Lot area = 485,304 Sq. ft. Proposed house = 3471 sf Covered stoop = 241 sf Driveway = 4410 sf Patio = 641 sf Walk = 110 sf Total = 8873 Sq. ft. 8873 / 485,304 x 100 = 1.83% I I naLI) 66 8 D CO iC W 3 6 a m n G cr 9 CD Q DATE REMARKS 9ETWO MYER MUMS. TEE ngRemlO{ 6101 Ga6AC1.1 aRWW12 1 hereby certify that this pion, specification, or report was prepared by me, or under my direct supervision, and that 1 am a duly Licensed Land Surveyor under the laws of the /State of ,Minnesota. Mork S. Grorbera Minnesota License Number 12755 PROJECT 6- 19-19 1"- 40' 19 190 GRONBERG & ASSOCIATES, INC. CIVIL ENGINEERS. LAND SURVEYORS, LAND PLANNERS 445 NORTH WLLOW DRIVE LONG LAKE, MN 55356 952- 473-4141 Ordinance Amending Chapters 1 and 3 Page 1 of 2 February 2, 2021 City Council Meeting 697987.v2 MEMORANDUM TO: Honorable mayor and members of the city council FROM: David Anderson, assistant city attorney DATE: January 25, 2021 MEETING: February 2, 2021 regular city council SUBJ: Ordinance amending chapters 1 and 3 of the city code of ordinances pertaining to penalties and targeted residential picketing Background Councilmember Albers recently inquired about ordinances prohibiting targeted residential picketing, which a handful of cities throughout Minnesota have recently adopted. Such ordinances are aimed at preventing protesting and related activities outside of residential dwellings. The council discussed a draft ordinance prepared by my office during its January 19, 2021 regular meeting and directed staff to bring it back for adoption without any revisions. This staff report contains generally the same background information that was provided to the council previously. The ordinance is rather straightforward and prohibits all of the following activities, which are collectively included within the ordinance’s definition of “targeted residential picketing”: (a) marching, standing, patrolling or other similar activities by one or more persons directed at a particular residential dwelling in a manner that adversely affects the safety, security, or privacy of an occupant of the dwelling; (b) marching, standing, patrolling or other similar activities by one or more persons which prevents or hinders an occupant of a residential dwelling from gaining access to or exiting from the property on which the residential dwelling is located; and (c) marching, standing, patrolling or other similar activities by one or more persons focused on, in front of or about a particular residential dwelling without the consent of the dwelling's occupants. Despite the recent trend of other Minnesota cities adopting similar regulations, these ordinances have actually been around for quite a long time. More importantly, such ordinances have withstood legal challenges made under the First Amendment. In fact, in 1988 the United States Supreme Court found constitutional a Brookfield, Wisconsin ordinance that made it “unlawful for any person to engage in picketing before or about the residence or dwelling of any individual in the town of Brookfield."1 The Court reasoned that this form of regulation is a reasonable restriction on otherwise protected speech because the type of protests banned by the ordinance “generally do not seek to send a message to the general public, but to intrude upon the targeted resident, and to do so in an especially offensive way.” The Court held that the ordinance did not violate the First 1 Frisby v. Schultz, 487 U.S. 474, 486 (1988). Agenda Item # 9A Ordinance Amending Chapters 1 and 3 Page 2 of 2 February 2, 2021 City Council Meeting 697987.v2 Amendment because it is content neutral (i.e. it applies to all expression regardless of its substance), it serves the significant government interest of protecting residential privacy, and it leaves open ample alternative channels of communication for those desiring to express themselves. Additionally, it is worth noting that the Minnesota Court of Appeals relied on the Frisby decision when it found constitutional a temporary restraining order prohibiting an activist from protesting within two blocks of the residence of an executive director of an abortion clinic.2 Because of this well-established legal precedent, it is highly likely that the ordinance presented to the council would survive constitutional scrutiny if challenged. The ordinance also amends sections 115.01 and 115.03 of the city code, which provide maximum criminal penalties for petty misdemeanor and misdemeanor code violations. This is merely an attempt to clean up the code. While recently reviewing the city’s penalty provisions in chapter 1, it was determined that these two code sections are outdated because they establish maximum monetary penalties that are below the statutory limits provided for in Minnesota Statutes, section 609.02. Specifically, in 2000 the statutory maximum monetary penalties for petty misdemeanors and misdemeanors were increased from $200 and $700 to $300 and $1,000, respectively. The proposed code amendment adopts by reference the statutory penalties for petty misdemeanors and misdemeanors, together with any future amendments to eliminate the need to revise these code sections if and when the legislature makes additional changes. Potential Action The council may consider the following actions: 1. Move to adopt the ordinance amending chapters 1 and 3 of the city code of ordinances pertaining to penalties and targeted residential picketing; and 2. Move to adopt the resolution authorizing publication by title and summary. Attachments 1. Ordinance 2. Resolution authorizing publication by title and summary 2 Welsh v. Johnson, 508 N.W.2d 212 (Minn. Ct. App. 1993). 696489.v1 CITY OF MEDINA ORDINANCE NO. ______ An Ordinance Amending Chapters 1 and 3 of the City Code of Ordinances Pertaining to Penalties and Targeted Residential Picketing The city council of the city of Medina ordains as follows: SECTION I: Medina city code chapter 1, sections 115.01 and 115.03 are hereby amended by adding the double-underlined language and deleting the stricken language as follows: Section 115.01. Penalty, Petty Misdemeanor. Whenever an act or omission is declared by this Code to be a petty offense or a petty misdemeanor, any person violating the provision shall, upon conviction, by subject to a fine of not more than $100 be subject to the penalties prescribed for petty misdemeanors in Minnesota Statutes, section 609.02, subd. 4a, as may be amended from time to time. Section 115.03. Penalty, Misdemeanors. In any other case, unless another penalty is expressly provided by this Code, any person violating any provision of this Code, or any rule or regulation adopted in pursuance thereof, or any other provision of any Code adopted in this Code by reference, or any provision of any license, special use permit, conditional use permit, condition or term of any approval, including any provision declaring an act or omission to be a misdemeanor, shall, upon conviction, be subject to a fine of not more than $700 or imprisonment for a term not to exceed 90 days, or both be subject to the penalties prescribed for misdemeanors in Minnesota Statutes, section 609.02, subd. 3, as may be amended from time to time. SECTION II: Medina city code chapter 3 is hereby amended by adding a new section 360, entitled “Targeted Residential Picketing,” as follows: 360. TARGETED RESIDENTIAL PICKETING Section 360.01. Purpose. The city of Medina has an interest in safeguarding the right of its residents to enjoy, in their home and dwelling, a feeling of well-being, tranquility, and privacy. The city council finds that targeted residential picketing in front of or about a residential dwelling causes emotional distress to the dwelling occupants, obstructs and interferes with the free use of public rights-of-way, and has as its object the harassment of the dwelling occupants. The city council further finds that, without resorting to targeted residential picketing, ample opportunities otherwise exist for those desiring to exercise constitutionally-protected freedom of speech and expression. Section 360.03. Definition. For purposes of this section, the term “targeted residential picketing” means: 696489.v1 (a) marching, standing, patrolling or other similar activities by one or more persons directed at a particular residential dwelling in a manner that adversely affects the safety, security, or privacy of an occupant of the dwelling; (b) marching, standing, patrolling or other similar activities by one or more persons which prevents or hinders an occupant of a residential dwelling from gaining access to or exiting from the property on which the residential dwelling is located; or (c) marching, standing, patrolling or other similar activities by one or more persons focused on, in front of or about a particular residential dwelling without the consent of the dwelling's occupants. Section 360.05. Targeted Residential Picketing Prohibited. No person shall engage in targeted residential picketing within the city of Medina. SECTION III. This ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this _____ day of ________, 2021. ____________________________ Kathleen Martin, Mayor ATTEST: ____________________________ Jodi M. Gallup City Clerk Published in the Crow River News on the ___ day of _________, 2021. Resolution No. 2021- February 2, 2021 Member introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO. ________ 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 chapters 1 and 3 of the city code of ordinances pertaining to penalties and targeted residential picketing; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows for publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is two pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator shall cause the following summary of Ordinance No. _____ to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. _____, an ordinance amending chapters 1 and 3 of the city code of ordinances pertaining to penalties and targeted residential picketing. The ordinance prohibits targeted residential picketing, which is defined to include protesting activities that adversely impact an occupant of a particular residential dwelling, prevent or hinder an occupant’s ability to gain access to or exit a residential dwelling, or are otherwise focused on, in front of or about a particular residential dwelling without the occupant’s consent. The ordinance also amends the penalty provisions in chapter 1 of the city code to make the maximum monetary penalties for misdemeanor and petty misdemeanor code violations consistent with the statutory maximum penalties contained in Minnesota Statutes, section 609.02. The full text of Ordinance No. ____ is available for inspection at Medina city hall during regular business hours. A copy is also available online at the City’s website located at www.medinamn.us. Resolution No. 2021- February 2, 2021 Attest: Jodi Gallup, City Clerk BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: _______________, 2021. 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. Planning Department Update Page 1 of 2 February 2, 2021 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: January 28, 2021 SUBJ: Planning Department Updates – February 2, 2021 City Council Meeting Land Use Application Review A) Krinke Accessory Structure CUP – 2905 Willowood Farm Road – Lothar and Mona Krinke have requested a conditional use permit for construction of a 12,000 square foot indoor riding arena addition to an existing barn. The Planning Commission held a public hearing at the January 12 meeting and recommended approval. Staff intends to present to Council at the February 2 meeting B) Piper Lot Combination – 1745 Hunter Drive – Cynthia and Addison Piper have requested a combination of two adjacent parcels into a single lot. The City Council is scheduled to review at the February 2 meeting. C) M/I Homes Comprehensive Plan Amendment – 1400 Hamel Road – M/I Home has requested a Comprehensive Plan Amendment to change the future land use from Business to Medium Density Residential and submitted a concept plan review for a potential development of 78 townhomes. Preliminary review is underway, and a public hearing will be scheduled when complete, potentially at the March 9 meeting. D) Townhome PUD Concept Plan – 1432 County Road 29 – Medina Townhome Development LLC has requested review of a Planned Unit Development (PUD) Concept Plan for development of 24 townhomes east of Baker Park Road, north of Highway 12. A public hearing is scheduled for the February 9 Planning Commission meeting. E) Pioneer Trail Preserve – 2325 Pioneer Tr. – James and Melissa Korin have requested a 3- lot subdivision of a 40-acre parcel. Preliminary review is underway, and a public hearing will be scheduled when complete, potentially at the March 9 meeting. F) Holy Name Lake Estates Final Plat – north of County Road 24, northwest of Holy Name Lake - JD Dossier Holdings LLC has requested final plat approval for a six-lot rural subdivision on 90 acres. The City granted preliminary approval of the subdivision on December 1, 2020. Preliminary review is underway, and the City Council will review when complete, potentially at the February 16 or March 2 meeting. G) Meadowview Commons 2nd Addition Final Plat – south of Meander Rd, west of Jubert Tr – US Home Corporation (Lennar) has requested final plat approval for development of the remaining 83 townhome lots in the project. The initial 42 townhome lots were approved in November 2020. Preliminary review is underway, and the City Council will review when complete, potentially at the March 2 or March 16 meeting. H) Weston Woods Preliminary Plat and PUD General Plan – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Preliminary Plat and PUD General Plan for development of 76 twinhomes, 42 single-family, and 33 townhomes on the Roy and Cavanaugh properties. The City Council adopted documents of approval at the January 5 meeting. Staff is coordinating permitting for construction of Chippewa Road and will await final plat application. I) Schwarz Accessory Dwelling Unit – 1425 County Road 24 – Chaid and Jessica Schwarz have requested a conditional use permit to convert an existing home to an accessory Planning Department Update Page 2 of 2 February 2, 2021 City Council Meeting dwelling unit to allow construction of a new home on their property. The CUP would also permit three accessory structures on the site. The applicant is considering withdrawing the application because they do not believe they will proceed with the renovation for the ADU at this time. J) 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. The application is incomplete for review, and the City has requested additional materials. K) Ditter Subdivision, Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – These projects have been preliminarily approved and the City is awaiting final plat application. L) Johnson ADU CUP, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. M) Hamel Haven subdivision – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plat is recorded. Other Projects A) Wolsfeld Lake Ravine Stabilization Grant – Lisa submitted the funding request to the Board of Water and Soil Resources to begin the process. B) Year-end Reports – staff has been completing the series of annual reports required by state agencies. C) Broadband Study –Hometown Fiber has updated the analysis and provided additional details on options to improve internet/broadband access in the City. Staff is reviewing the updated information to prepare to present to City Council. D) Stormwater Management Ordinance – The Planning Commission held a public hearing on the stormwater management ordinance at the January 12 meeting. The Commission requested additional information and tabled the ordinance until the February 9 meeting. E) Chippewa Road permitting – staff is beginning to prepare permits for other agencies for construction of Chippewa Road from Mohawk to Arrowhead. F) Diamond Lake Regional Trail – staff met with Three Rivers Park District staff to review public feedback on the alternative routes. Staff intends to present the information at a concurrent worksession of the Park Commission and City Council on February 16. TO: Mayor Martin and City Council Members FROM: Jason Nelson, Director of Public Safety DATE: January 28, 2021 RE: Department Updates The past two weeks have been somewhat slow for the police department and as a result we have taken advantage of this by completing additional training for our first responders. North Memorial Emergency Medical personnel came out and conducted annual refresher training for those who are Emergency Medical Responders (EMR’s). Last week I attended some of the final mobile field force training that was conducted in Minnetonka. All our officers, including myself, have now been trained to prepare for the potential of civil unrest in the upcoming months. Almost all police officers, deputies and other sworn personnel in Hennepin County have been trained. We have purchased gear to help ensure the officers safety if the need arises for us to assist. Because of the high demand for this gear, some of our items have been back ordered for months but I have been advised it should be here soon. The Hennepin Chiefs are working through the what-if type scenarios to be best prepared county-wide in the case of civil unrest at any time. I will be bringing more to the Council in the upcoming months as things progress. We are closing in on picking a vender for our squad/body camera solutions. While we have had squad cameras for over 20 years, we have never had body cameras. Sergeant Kevin Boecker, Officer Dave Hall and IT Consultant Mike Brocco have been tasked with this project and have done a great job finding a potential vendor that will work for the department while trying to stay within the projected budget for it. More information on this in the upcoming weeks. This past week I rolled out the department’s wellness policy. This is something that Chief Belland and I had been talking about for the past couple of years. With the Council’s authorization last year, which allowed funding for officers to speak with mental health professionals, we will now be able to have police officers talk with a mental health professional one time a year. This will be mandatory for all sworn officers. Mental wellness is important to address. Having officers go at least once a year is like a physical to ensure that everything is going ok. Officers see and deal with things daily that most citizens never have to see. Over the course of time, it takes a toll on officers and I realize that it is important to address this before negative things occur. This is just the first step to help with officer’s overall wellness. MEMORANDUM Patrol: Patrol updates 01/12/2021 through 01/27/2021 The following are updates from Patrol Officers between January 1, 2021 and January 27, 2021 officers issued 35 citations for various traffic offenses, 59 warnings, responded to 4 property damage accidents, 1 vehicle vs. deer accident, 5 suspicious activity calls, 11 assists to other agencies, 7 miscellaneous motorist assists. On 01/13/2021 officers responded to a report of juvenile female out of control at a residence. It was reported that the female at one point had a knife but had put it down. Upon arrival, officers made contact with the parents and juvenile. It was determined that the female had ongoing medical issues and was scheduled for a doctor appointment the following day. Officers stood by while the parents administered medication to calm the juvenile down. Once the situation was under control officers cleared. On 01/13/2021 officers were dispatched to a welfare check of an adult female in the 3900 block of Wild Meadows Drive. Upon arrival, officers contacted the homeowner who was extremely intoxicated to the point where she was unable to care for herself. An ambulance was called, and the female was transported to the hospital. On 01/16/2021 officers responded to a reported domestic in the 300 block of Lythrum Lane. It was reported that a juvenile male was out of control at the residence and was damaging property within the home. Upon arrival, officers made contact with the parents and were able to calm down the situation. The juvenile had locked himself in a bathroom and had refused to speak with officers. Officers cleared. Shortly after officers were dispatched again back to the residence that the juvenile was once again out of control and continued to damage property. Officers responded back. After speaking to all parties again it was determined that the parents did not wish to pursue any charges for damage to property. After all parties involved were calmed down officers cleared. On 01/17/2021 officer was dispatched to take a theft report at our Target store. Victim reported her vehicle was broke into while at Baker Park and a suspect had used her credit cards at the Medina Target to purchase several hundred dollars of gift cards. The suspect then went to a Plymouth Target and did the same thing. Video surveillance was collected from our Target. This is an ongoing problem with how easy it is to purchase gift cards with stolen credit cards, especially through the self-checkout lanes. Numerous calls of suspicious activity at a residence in the 4100 block of Apache Drive. This is a rental property, and it is reported a large amount of short-term traffic coming and going from the residence. Extra patrol is being done by patrol officers in the area. On 01/22/2021 an officer was dispatched to a reported diesel spill at the Holiday store located in the 200 block of Highway 55. Upon arrival it was determined that a ground heater being used to thaw portions of the parking lot that was having concrete replaced was leaking a substantial amount of diesel fuel. Hamel Fire also responded. The leak was stopped, and the spill contained. On 01/26/2021 officer was dispatched to a theft/forgery report at the Medina Target. A victim reported that his work truck was entered while at work in Brooklyn Park and a suspect came to the Medina Target and purchased more than $800 worth of gift cards using his stolen credit cards. Video surveillance was obtained, and the case was forwarded to investigations. On 01/27/2021 officer was dispatched to a vandalism report in the 300 block of Lythrum Lane. Upon arrival, officer contacted the homeowner who reported his Ring camera had recorded video of two young males throwing containers of cheese sauce at his garage doors. Homeowner reported they were able to identify the suspects as associates of their son who got into an altercation earlier that evening. The suspects were contacted and a parent of one of the suspects was made aware of the situation. The suspects returned to the residence to clean up the cheese sauce mess. Officer stood by until the exterior of the home was cleaned to the satisfaction of the homeowner. Investigations: Investigating the fraudulent use of a credit card at a business. The suspect stole the credit card from a vehicle in an area park. I have sent out a crime alert with information about the suspect. Received four (4) cases from Hennepin County Child Protection that referenced possible abuse at four different residences in the city. After reviewing all of reports, it was determined that no further investigation was needed at this time. Investigating a theft from a gas station. The vehicle involved with the theft was a rental vehicle. I have sent an administrative subpoena to the rental company to get information about the driver. Attended our annual EMR refresher that was taught by North Memorial Medical Center. There are currently nine (9) cases assigned to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: January 28, 2021 MEETING: February 2, 2021 SUBJECT: Public Works Update STREETS • We have had a few snow events in the past week, none of which were eventful. Our equipment fared well; we are ready for more snow. • The streets are shifting due to frost heave which means road conditions will become rough over the next two months. This is typical for January; some years are worse than others. WATER/SEWER/STORMWATER • We have obtained two quotes for the software upgrade at the water treatment plant in Hamel. They are in your packet and ready for approval. IT Consultant Mike Brocco weighed in and is satisfied with the security proposal. Mike will be included in security decisions. • Now that the ground is frozen manhole work is being completed in the wetland, which will wrap up the Toll Bros Development project. • Lisa DeMars submitted our application for the next 5-year MS-4 permit. The MPCA responded with a few questions that we have since answered. The final application requirement to be completed is the TMDL update. We have engaged WSB to assist in preparing this portion. • Lisa will attend webinar sessions hosted by the MPCA in February to address new permit requirements. One of these requirements emphasizes public outreach, a flyer to introduce Medina’s Clean Waters was mailed to residents. • Over the next week we will work on the water conservation report which is due in February. • Our annual sanitary sewer survey is due in March. This report checks in on sewer flows as well as private sewer systems. PARKS/TRAILS • Staff will schedule a meeting with the park commission and city council to bring everyone up to speed before approving a preferred route for Three Rivers Diamond Lake Reginal Trail. • The parks are still seeing very heavy use at the sliding hills and the trails. Unseasonably warm weather continues to make it difficult to maintain good ice. Public Works will keep working at it as temperature and time allows. • The trails were widened last week to make room for more snow in the upcoming weeks and months. Page 2 of 2 MISCELLANEOUS • We are hoping to find some good applicants for the advertised Public Works position. ORDER CHECKS JANUARY 19, 2021 – FEBRUARY 2, 2021 051211 METRO WEST INSPECTION ............................................... $10,553.03 051212 MN DEPT OF LABOR/INDUSTRY .......................................... $6,654.51 051213 ASPEN MILLS INC .................................................................... $125.61 051214 CENTERPOINT ENERGY ...................................................... $3,139.90 051215 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00 051216 HOLIDAY FLEET ......................................................................... $39.00 051217 KENNEDY & GRAVEN CHARTERED .................................. $10,747.60 051218 MEDTOX LABS ........................................................................... $50.33 051219 OFFICE DEPOT .......................................................................... $15.99 051220 SSI MN TRANCHE 1 #10322006 ............................................ $1,017.72 051221 SSI MN TRANCHE 3 #10327096 ............................................ $1,655.42 051222 WSB & ASSOCIATES ........................................................... $41,493.25 051223 BERG, ADAM/NATALIE ............................................................... $89.12 051224 MARCO (LEASE) .................................................................... $1,163.55 051225 ADAM'S PEST CONTROL INC .................................................. $237.79 051226 BEAUDRY OIL & PROPANE .................................................. $1,498.95 051227 BOYER FORD TRUCKS INC ....................................................... $53.55 051228 CORNER HOUSE/INTERAGENCY CTR. ............................... $1,218.39 051229 CRYSTEEL TRUCK EQUIPMENT ............................................... $21.06 051230 ECM PUBLISHERS INC .............................................................. $47.49 051231 GOPHER STATE ONE CALL ...................................................... $50.00 051232 GREAT AMERICAN FINANCIAL SERVI .................................... $178.95 051233 HACH COMPANY ...................................................................... $623.72 051234 JIMMY'S JOHNNYS INC ............................................................ $130.00 051235 KELLY'S WRECKER SERVICE INC ............................................ $80.65 051236 LEAGUE OF MINNESOTA CITIES ............................................ $990.00 051237 LEAGUE OF MN CITIES INS.TRUST ................................... $71,970.00 051238 LEXIPOL LLC ....................................................................... $10,167.00 051239 LITTLE FALLS MACHINE INC ................................................ $1,131.64 051240 LORETTO AUTO RECONDITION ............................................. $750.00 051241 MOTLEY AUTO SERVICE LLC ................................................. $300.00 051242 NAPA OF CORCORAN INC ........................................................ $90.87 051243 NELSON ELECTRIC MOTOR REPAIR ..................................... $540.00 051244 OFFICE DEPOT .......................................................................... $51.18 051245 RANDY'S SANITATION INC ........................................................ $20.00 051246 ROLF ERICKSON ENTERPRISES INC ................................ $10,366.71 051247 SUBURBAN TIRE WHOLESALE INC ........................................ $595.96 051248 SUN LIFE FINANCIAL ............................................................ $1,450.22 051249 TEGRETE CORP .................................................................... $1,355.00 051250 TIMESAVER OFFSITE .............................................................. $187.00 051251 VIKING INDUSTRIAL CENTER ................................................... $19.12 051252 WESTSIDE WHOLESALE TIRE .................................................. $92.00 051253 ZEE MEDICAL SERVICE .......................................................... $254.60 Total Checks $181,716.88 ELECTRONIC PAYMENTS JANUARY 19, 2021 – FEBRUARY 2, 2021 005800E PR PERA .............................................................................. $17,274.03 005801E PR FED/FICA ....................................................................... $16,705.96 005802E PR MN Deferred Comp ........................................................... $1,840.00 005803E PR STATE OF MINNESOTA .................................................. $3,799.63 005804E CITY OF MEDINA ........................................................................ $22.00 005805E FURTHER .............................................................................. $1,715.20 005806E AFLAC ....................................................................................... $473.48 005807E PR FED/FICA ............................................................................ $533.93 005808E PR STATE OF MINNESOTA ..................................................... $208.80 005809E CIPHER LABORATORIES INC. ................................................. $302.16 005810E WRIGHT HENN COOP ELEC ASSN ...................................... $2,092.59 005811E ELAN FINANCIAL SERVICE .................................................. $5,512.11 005812E CIPHER LABORATORIES INC. .............................................. $1,344.00 005813E FURTHER ................................................................................. $989.52 005814E MINNESOTA, STATE OF ....................................................... $2,168.00 005815E FARMERS STATE BANK OF HAMEL - JAN '21 ........................ $150.00 005816E DELTA DENTAL ..................................................................... $2,483.31 005817E VALVOLINE FLEET SERVICES ................................................ $170.15 005818E FARMERS STATE BANK OF HAMEL - FEB '21 ........................ $150.00 Total Electronic Checks $57,934.87 PAYROLL DIRECT DEPOSIT – JANUARY 20, 2021 0510772 BILLMAN, JACKSON CARROLL ............................................... $576.35 0510773 BOEDDEKER, KAYLEN C ...................................................... $1,757.37 0510774 JOHNSON, PATRICK M. ........................................................... $600.88 0510775 ALTENDORF, JENNIFER L. ................................................... $1,812.28 0510776 BARNHART, ERIN A. ............................................................. $2,540.92 0510777 BOECKER, KEVIN D. ............................................................. $2,977.20 0510778 CONVERSE, KEITH A. ........................................................... $2,080.25 0510779 DEMARS, LISA ....................................................................... $1,439.47 0510780 DION, DEBRA A. .................................................................... $1,990.76 0510781 ENDE, JOSEPH...................................................................... $1,783.11 0510782 FINKE, DUSTIN D. ................................................................. $2,623.24 0510783 GALLUP, JODI M. ................................................................... $2,206.97 0510784 GLEASON, JOHN M. .............................................................. $1,891.69 0510785 GREGORY, THOMAS ............................................................ $2,039.60 0510786 HALL, DAVID M. ..................................................................... $2,153.78 0510787 HANSON, JUSTIN .................................................................. $2,201.27 0510788 JACOBSON, NICOLE ................................................................ $980.65 0510789 JESSEN, JEREMIAH S. .......................................................... $2,434.26 0510790 JOHNSON, SCOTT T. ............................................................ $2,316.39 0510791 KLAERS, ANNE M. ................................................................. $1,682.68 0510792 LEUER, GREGORY J. ............................................................ $2,325.49 0510793 MCGILL, CHRISTOPHER R. .................................................. $1,443.81 0510794 MCKINLEY, JOSHUA D .......................................................... $2,035.76 0510795 NELSON, JASON ................................................................... $2,598.39 0510796 REINKING, DEREK M ............................................................ $2,340.06 0510797 SCHARF, ANDREW ............................................................... $2,345.88 0510798 SCHERER, STEVEN T. .......................................................... $2,367.70 0510799 VOGEL, NICHOLE ..................................................................... $484.52 Total Payroll Direct Deposit $54,030.73 PAYROLL MANUAL CHECK – JANUARY 20, 2021 020447 BOEDDEKER, KAYLEN C ..................................................... $2,283.37 Total Payroll Manual Check $2,283.37