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HomeMy Public PortalAbout06.02.2020 Complete City Council Meeting Packet Posted 05/29/2020 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, June 2, 2020 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 May 19, 2020 Regular Council Meeting V. CONSENT AGENDA A. Approve 2020-2021 Liquor License Renewals VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Roehl Estate – Preliminary Plat – 1735 Medina Road B. Ordinance Amending Regulations Pertaining to Accessory Structures; Amending Chapter 8 of the City Code 1. Resolution Authorizing Publication of Ordinance by Title and Summary C. Police Officer Recruitment Discussion D. Administrative Assistant to Planning and Public Works Recruitment Discussion 1. Resolution Accepting Resignation of Administrative Assistant Katrina Jones E. Regulatory Flexibility Discussion for Businesses VIII. CITY ADMINISTRATOR REPORT A. 2020 Election Update IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. 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: 410 958 668# MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: May 29, 2020 DATE OF MEETING: June 2, 2020 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: 410 958 668# V. CONSENT AGENDA A. Approve 2020-2021 Liquor License Renewals – The attached list of businesses have applied to renew their liquor licenses for the July 1, 2020 to June 30, 2021 license period. Fees for on sale liquor licenses will be prorated for the months the establishments were not able to fully operate due to COVID-19 closure orders by the Governor. Staff recommends approval. See attached memo. VII. NEW BUSINESS A. Roehl Estate – Preliminary Plat – 1735 Medina Road – The Estate of Robert Roehl has requested a subdivision of approximately 28 acres of rural residential property into two lots at 1735 Medina Road. The Planning Commission held a public hearing for this application on May 12th. They unanimously voted to approve this request with the conditions outlined in the attached report. The Park Commission held a park and trail review for this application on May 20th. They unanimously recommended that cash be required in-lieu of land dedication. See attached report. Recommended Motion: Direct staff to prepare resolution to approve the preliminary plat for the Roehl subdivision with the conditions outlined in the staff report. B. Ordinance Amending Regulations Pertaining to Accessory Structures; Amending Chapter 8 of the City Code – The Planning Commission held a public hearing on the proposed ordinance amendment at their May 12 meeting with no public comments made. The Planning Commission unanimously recommended an ordinance amendment which allows sheds up to 200 square feet to abide by the reduced setback and a maximum height limitation for sheds that did not meet the full setback.  2 See attached report, ordinance, and resolution. Recommended Motion #1: Move to adopt ordinance amending regulations pertaining to accessory structures; amending chapter 8 of the city code Recommended Motion #2: Move to adopt resolution authorizing publication of the ordinance by title and summary C. Police Officer Recruitment Discussion – Public Safety Director Jason Nelson is requesting that the City Council allow staff to move forward with the internal promotion process with the CSOs for the open police officer position that was approved in 2019. See attached memo. Recommended Motion: Authorize staff to continue internal recruitment to fill Police Officer position D. Administrative Assistant to Planning and Public Works Recruitment Discussion – Administrative Assistant Katrina Jones has submitted a letter of resignation to take a job at another city. Staff requests authorization to fill her vacant position. See attached memo, resolution, and job description. Recommended Motion #1: Move to adopt resolution accepting resignation of Administrative Assistant Katrina Jones Recommended Motion #2: Approve Administrative Assistant Job Description Recommended Motion #3: Authorize staff to begin recruitment to fill the vacant Administrative Assistant position E. Regulatory Flexibility Discussion for Businesses – On May 13, 2020 Governor Walz’ Stay at Home Order expired and was replaced by the Stay Safe MN Order. On May 20, 2020, the Minnesota Department of Employment and Economic Development (“DEED”) introduced a phased plan to allow limited reopening of certain businesses starting June 1, 2020. The plan encourages local governments to be creative in applying the usual rules and regulations to facilitate the phased reopening of specified businesses. The businesses which are likely to be the most directly affected by the city’s actions are restaurants and bars. An appropriate motion would be to authorize city staff to apply city rules and regulations regarding restaurants and bars with flexibility to facilitate the partial reopening of those businesses starting June 1, 2020, while maintaining public health and safety and compliance with state laws and regulations after Council discussion. See attached memo and DEED FAQ. Recommended Motion:  Move to authorize city staff to apply city rules and regulations regarding restaurants and bars with flexibility to facilitate the partial reopening of those  3 businesses starting June 1, 2020, while maintaining public health and safety and compliance with state laws and regulations. VIII. CITY ADMINISTRATOR REPORT A. 2020 Election Update – Assistant City Administrator Jodi Gallup will provide an update to the City Council on a new election law that was passed on May 12, 2020 to help address voting concerns due to COVID-19. Staff is looking for Council direction on absentee voting at City Hall for the Primary Election and the potential to combine polling places in 2020. See attached memo. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005528E-005540E for $49,191.15 and order check numbers 050251-050295 for $172,757.40, payroll EFT 0510259-0510286 for $51,885.70. INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Meeting Minutes 1 May 19, 2020 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 19, 2020 3 4 The City Council of Medina, Minnesota met in regular session on May 19, 2020 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin stated that tonight’s meeting, and future City meetings, will continue to be held in 8 a virtual environment due to the COVID-19 pandemic and related declarations of 9 emergency. Details for participation in virtual meetings can be found on the City website 10 or posted on the door of City Hall. 11 12 I. ROLL CALL 13 14 Members present: Albers, Anderson, DesLauriers, Martin, and Pederson. 15 16 Members absent: None. 17 18 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 19 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 20 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 21 Chief of Police Jason Nelson. 22 23 II. PLEDGE OF ALLEGIANCE (7:08 p.m.) 24 25 III. ADDITIONS TO THE AGENDA (7:09 p.m.) 26 The agenda was approved as presented. 27 28 IV. APPROVAL OF MINUTES (7:10 p.m.) 29 30 A. Approval of the May 5, 2020 Regular City Council Meeting Minutes 31 Moved by Martin, seconded by Anderson, to approve the May 5, 2020 regular City 32 Council meeting minutes as presented. Motion passed unanimously. 33 34 V. CONSENT AGENDA (7:11 p.m.) 35 36 A. Resolution No. 2020-26 Granting Approval of Conditional Use Permit to 37 Christine and James Stetler for Accessory Structure Over 5,000 Square 38 Feet at 1832 Medina Road 39 B. Approve First Amendment to Development Agreement between the City of 40 Medina and the Wealshire, LLC 41 C. Approve Amendment to Upland Buffer Easement Agreement at 3153 42 Magnolia Drive 43 D. Resolution No. 2020-27 Approving and Authorizing Execution of 44 Construction Cooperative Agreement with Hennepin County for the 45 Arrowhead Drive Railroad Improvement Project 46 E. Resolution No. 2020-28 Exhibit E for Grant Agreement to State 47 Transportation Fund Local Road Improvement Program Grant Terms and 48 Conditions SAP 250-593-001 for the Arrowhead Drive Railroad 49 Improvement Project 50 Medina City Council Meeting Minutes 2 May 19, 2020 F. Resolution No. 2020-29 Accepting Bids and Awarding the Contract for the 1 Arrowhead Drive Railroad Improvement Project 2 G. Resolution No. 2020-30 Accepting Resignation of Aaron Amic from the 3 Planning Commission 4 Moved by Pederson, seconded by Albers, to approve the consent agenda. 5 6 A roll call vote was performed: 7 8 Pederson aye 9 Anderson aye 10 DesLauriers aye 11 Albers aye 12 Martin aye 13 14 Motion passed unanimously. 15 16 VI. COMMENTS (7:14 p.m.) 17 18 A. Comments from Citizens on Items not on the Agenda 19 There were none. 20 21 B. Park Commission 22 Gallup reported that the Park Commission will meet the following night to discuss a 23 preliminary plat request related to parks and trails. She stated that the Park Commission 24 members will also provide an update on the parks inventory. 25 26 C. Planning Commission 27 Planning Commissioner Nielsen reported that the Planning Commission met the 28 previous week to consider a preliminary plat for a two-lot subdivision, noting that the 29 Commission recommended unanimous approval subject to the conditions in the staff 30 report. She stated that the Commission also considered an amendment to City Code 31 related to the setbacks for sheds/accessory buildings, noting that the Commission 32 recommended approval of the amendments. She stated that Amic also submitted his 33 resignation and a new Vice Chair will need to be appointed at a subsequent meeting. 34 35 VII. PRESENTATIONS 36 37 A. Abdo, Eick & Meyers – 2019 Annual Financial Report (7:19 p.m.) 38 Martin commended Barnhart and her staff for the excellent marks the City continues to 39 receive on the financial audits. 40 41 Justin Nielson, Abdo, Eick and Meyers, echoed the comments of thanks to the City 42 financial staff for the work they do to prepare for the audit. He reported an unmodified, 43 clean opinion for 2019. He stated that there was one internal control finding related to 44 an adjustment of contributed assets by developers. 45 46 DesLauriers asked if the City has had capital assets contributed by developers in the 47 past. 48 49 Medina City Council Meeting Minutes 3 May 19, 2020 Nielson reported that the assets would be streets or other infrastructure. He stated that 1 he cannot recall other contributed assets during his time working with the City but noted 2 that it is not a new process. 3 4 Barnhart stated that with all the developments in Medina, assumptions can be made that 5 developers contributed something to the City, but perhaps the internal policies were not 6 in place at that time. She stated that it was an excellent find during the audit to ensure 7 the proper process is followed in the future. She stated that this instance was the 8 utilities and streets within The Enclave development. 9 10 Nielson provided a five-year comparison of the City’s unassigned fund balance, noting 11 that the City’s reserve balance is healthy, exceeding the recommended minimum 12 balance set in City policy. He provided details on the City’s special revenue funds, 13 capital funds, debt service funds, and enterprise funds. He reviewed some key 14 performance items. 15 16 Pederson commended staff for their excellent work. 17 18 Anderson echoed the comments of thanks to staff. He stated that his sense is that the 19 City is in good shape, which is helpful with the uncertainty that will follow the remainder 20 of this year and future years. 21 22 Albers also thanked staff for their great work and the great results. 23 24 Moved by Albers, seconded by DesLauriers, to accept the 2019 Audit from Abdo, Eick 25 and Meyers. 26 27 A roll call vote was performed: 28 29 Pederson aye 30 Anderson aye 31 DesLauriers aye 32 Albers aye 33 Martin aye 34 35 Motion passed unanimously. 36 37 VIII. NEW BUSINESS 38 39 A. Tamarack Drive Corridor/Visioning Study – Concept Review and Update 40 (7:37 p.m.) 41 Stremel identified the corridor area, noting that the intent is to plan for future 42 improvements and gather input from stakeholders and residents. He noted that the 43 future improvements would most likely occur in phases as adjacent land develops. He 44 reviewed the guidance that the plan would provide. He reviewed the adjacent land uses 45 within the corridor, highlighting the potential future land uses for those properties when/if 46 they develop. He also reviewed the staging periods for the different parcels within the 47 corridor. He reviewed the different steps of the study process that were completed. 48 49 Chuck Rickart, WSB Traffic Engineer, stated that they did an extensive traffic analysis 50 for the area with the primary goal of reviewing the corridor and anticipated traffic 51 Medina City Council Meeting Minutes 4 May 19, 2020 volumes from future development. He stated that they also met with MnDOT, at their 1 request, as MnDOT wanted to determine that a signal would be the appropriate traffic 2 control at that intersection, which required study of other roadways in the area. He 3 provided details on how the analysis was completed, using the land uses identified in the 4 2040 Comprehensive Plan. He provided a comparison of the existing daily traffic counts 5 on the corridors to the projected 2040 numbers, which assume a full movement 6 signalized intersection at Tamarack and Highway 55. He stated that if the signal is not 7 provided there would be a significant shift in the traffic pattern. He provided background 8 information on the levels of service grades identified for the different intersections and 9 then reviewed the existing levels of service and projected levels of service for the 10 different intersections. He reviewed the different improvements proposed within the 11 study and the related service level that would be anticipated. 12 13 Martin stated that she has difficulty in predicting what will be needed for future 14 development but recognizes the need to plan ahead. She stated that perhaps the 15 Council should choose the most desirable options, rather than making choices based off 16 cost, with the recognition that those choices would only move forward if there is sufficient 17 funding. 18 19 Anderson asked if staff reviewed what would happen to overall traffic north of Highway 20 55, by eliminating the throughput from 55 at Tamarack up to Meander. 21 22 Rickart stated that if the properties developed to the full extent proposed in the 2040 23 Comprehensive Plan, there would be a significant increase in traffic on Meander Road. 24 25 Stremel stated that there would be a significant change in the level of traffic and level of 26 service at the adjacent intersections. 27 28 Anderson stated that this plan is gross in his opinion and does not match the desire to 29 maintain the rural character of Medina. 30 31 DesLauriers stated that he shares the same concerns. He noted that from 116 to Willow 32 Drive there are currently five stoplights on Highway 55, and this would make a 6th 33 stoplight within a two-mile radius. He stated that it gets to be a lot. He recognized that 34 traffic controls are needed, and it is tough to find the right balance. 35 36 Anderson stated that he is shocked that the State would agree to place a full stoplight at 37 Tamarack for that reason. 38 39 Pederson stated that he has a completely different point of view. He stated that with the 40 school location there would need to be a safe access for buses to come in and out. He 41 noted that this is also the last retail area within Medina. He commented that much of the 42 infrastructure costs would be paid for through development. He asked whether a 43 roundabout could be installed at Pinto and Meander. He stated that it appears that 44 MnDOT has planned for this improvement with the turn lanes and median. 45 46 Stremel stated that the roundabout could be considered for Pinto and Meander. 47 48 Rickart replied that they have not yet reviewed that option but could look into that option 49 as well. He agreed that there are intersection elements in place at Tamarack, it just 50 needs the added control. He stated that with the right-in/right-out option at Tamarack, 51 Medina City Council Meeting Minutes 5 May 19, 2020 the traffic counts on Meander would be anticipated to double. He noted that with no 1 access to Highway 55, the traffic count could exceed 10,000 cars per day on Meander. 2 3 Stremel stated that the public engagement process helped to drive the design and 4 provided details on the public engagement process. He presented the design options 5 preferred through the public engagement process. He reviewed the next steps noting 6 that once input is received from the Council, additional design work will be completed, 7 and the remaining study work will be completed. He stated that staff would also develop 8 a feasibility study for the intersection signal as a separate project. He stated that cost 9 estimates and possible funding mechanisms would also be reviewed and included in the 10 final study report. 11 12 Finke stated that if there was not going to be an intersection at Highway 55 and 13 Tamarack, the land uses in that area would be different. He stated that there are six or 14 seven property owners through the corridor with different land uses, therefore there will 15 most likely be projects completed at different periods of time. He explained that the 16 corridor study will help to provide guidance on the needed improvements for each phase 17 of development. He stated that input is needed from the Council as to whether the 18 parkway standard design is preferred and whether there is a desire for a roundabout at 19 the commercial entrance to the north. 20 21 Martin commented that the parkway is beyond what she envisions Medina to be and 22 does not seem to fit the character of the community. She stated that she would like to 23 experiment with a roundabout. 24 25 Anderson stated that he is stunned by this proposal. He stated that if this has to move 26 forward, he would prefer to see the roundabout in the commercial area. He stated that 27 he is curious about the parkway, as that could be viewed as the nicer option of the two 28 as it seems to result in more land, trees, and vegetation with a wider road. 29 30 Martin stated that it seems like a lot of road and suburbia for Medina. 31 32 Albers asked the expense for the City to maintain a parkway segment of road, as it 33 appears there would be a lot of maintenance with the shrubs, trees, and mowing. He 34 asked it if would be worth it to attempt to achieve that look for that short segment of 35 roadway. He echoed the comment that this is a lot of information to digest. He asked 36 the timeline when projects would become real and move forward. He stated that given 37 the unknown economic times, he would be cautious on the timing of the projects. He 38 stated that he thought that roundabouts are much more expensive than a signal. 39 40 Anderson echoed the comments of the timing of this project related to the unknown 41 economic times. He stated that potentially nothing may occur within the corridor for five 42 years and asked for information on the timing. 43 44 Pederson stated that this is a similar process to Chippewa, noting that it is important for 45 planning to get ahead of the curve and determine access, which eliminates the safety 46 concerns that would arise when development occurs. He stated that developers will 47 provide a contribution for the improvements needed for their segment of the corridor 48 improvements. He stated that staff will need this information for future discussions with 49 developers. He stated that he likes the roundabout but does not like the cost of a 50 roundabout. 51 Medina City Council Meeting Minutes 6 May 19, 2020 1 Martin stated that it is important to plan for traffic improvements that will be needed when 2 development requests come forward. She stated that guidance should be given with the 3 caveat that the improvements would be dependent upon the development that comes 4 forward and the funding available/required. She asked the Council to provide input on 5 the differences between Concept A and Concept B. She commented that everyone has 6 trepidation with the development that may come and the need for forecasting of traffic 7 improvements that would be needed. 8 9 Stremel stated that a similar roundabout discussion occurred in the Chippewa corridor 10 study. He noted that in this corridor, the cost between a signal and roundabout would 11 not be that different because the intersection is not yet developed. He noted that the 12 adjacent development would provide the right-of-way and some of the other elements. 13 He stated that perhaps the difference in cost between the two options in this location 14 would be 10 to 15 percent, whereas in an established intersection the difference would 15 be about 25 percent. 16 17 Finke stated that with this plan in place, the lion’s share for the construction of the 18 improvements within the corridor would be funded by the adjacent development. He 19 explained that is why it is important to have this plan in place prior to development 20 requests coming forward. He stated that it will be a challenge to develop a funding 21 mechanism for the signal. He stated that it would be fair to assume there would not be a 22 contribution from MnDOT for the Highway 55 signal. 23 24 DesLauriers stated that he likes the stop sign location at Meander and the roundabout 25 which helps the flow of traffic. He recognized that there would be a higher cost for the 26 roundabout, it would provide benefit. He stated that he likes Concept A. He stated that 27 while the parkway option is aesthetically pleasing, it would be hard to maintain and 28 instead prefers the option with a road and sidewalk. He referenced the locations for 29 water retention ponds and stated that he prefers the far-left option shown in Concept B 30 rather than the far-left option shown in Concept A. He stated that the Concept B option 31 would help to breakup the retail development from the adjacent residential development. 32 33 Stremel stated that it is difficult to predict the type of development that would be 34 proposed for the commercial areas identified and therefore staff provided those options 35 to generate feedback. 36 37 Finke stated that the main difference between the two concepts on the west-end is the 38 intersection that reaches Meander, noting that Concept A extends to the west of Fields 39 of Medina whereas Concept B merges at the Fields of Medina neighborhood. 40 41 Albers stated that he likes the idea of Concept A, where the intersection is not aligned 42 with the neighborhood and imagined that would be the preference of the neighborhood 43 as well. He stated that this option would attempt to stagger that increased traffic. 44 45 Martin agreed with the comments of Albers. 46 47 Stremel confirmed that was a prominent comment from the public, preferring the 48 connection occur further west. 49 50 Scherer asked if that west access would present any issues with sightlines. 51 Medina City Council Meeting Minutes 7 May 19, 2020 1 Stremel stated that sightlines were considered when determining that west connection. 2 3 Scherer recognized the comments from Albers related to increased maintenance that 4 would be needed with the parkway design. He stated that if there is not an intersection 5 to Highway 55 that would really increase Meander and 116 traffic. He stated that this 6 really is a clean slate and it is important to look at all the options. He stated that staff 7 discussed the roundabout option in depth, noting that the roundabout would support a 8 variety of different angles for connections to occur which provides flexibility in planning 9 for adjacent properties. 10 11 Martin confirmed the consensus of the Council for the preferred options to be a 12 roundabout, the westerly road connection to occur west of the Fields of Medina, and for 13 a more traditional divided road rather than a parkway. 14 15 Martin asked if the cost to finalize the study is included in the budget. 16 17 Johnson confirmed that the study was a part of the 2020 budget. 18 19 Moved by DesLauriers, seconded by Martin, to proceed with Concept #A as the 20 preferred option, including a full access with signal at Highway 55. 21 22 A roll call vote was performed: 23 24 Pederson aye 25 Anderson nay 26 DesLauriers aye 27 Albers nay 28 Martin aye 29 30 Motion passed. 31 32 Anderson stated that he voted against this because he is concerned that by completing 33 the study it would encourage developers and development. 34 35 Albers echoed the sentiment that this study could be seen as the City advertising for 36 development. 37 38 Martin stated that she is supporting this because she is looking for further study and 39 input from the relevant agencies related to the curb cut but is not voting for the 40 construction of the roads or development. She stated that this is a planning exercise 41 and not a method to promote development. 42 43 Moved by Martin, seconded by Pederson, to direct staff to take actions necessary to 44 secure approval from relevant agencies for the access at Highway 55 and to complete 45 the Tamarack Drive Study. 46 47 A roll call vote was performed: 48 49 Pederson aye 50 Anderson nay 51 Medina City Council Meeting Minutes 8 May 19, 2020 DesLauriers aye 1 Albers nay 2 Martin aye 3 Motion passed. 4 5 B. 2020 Meeting and Event Calendar Updates (9:03 p.m.) 6 Gallup stated that staff provided two possible dates in July to hold Clean Up Day, noting 7 that staff would recommend July 18th. She stated that the event would be changed in 8 format to have more limited contact and provided details on the limited contact event 9 format. 10 11 Martin commented that the format seems great. 12 13 Pederson stated that he is excited for the event, as he has materials to dispose of. He 14 stated that he supports the date of July 18th. He stated that this event gives people the 15 opportunity to dispose of items, so that the items are not disposed of incorrectly. 16 17 Martin confirmed that consensus of the Council to hold the limited contact event on July 18 18th. 19 20 Gallup noted that Night to Unite is a national event and the date was changed from 21 Tuesday August 4th to Tuesday October 6th. She recommended that the meeting 22 calendar be updated with that change. She stated that the August 4th Council meeting 23 was rescheduled to August 5th to support Night to Unite and suggested changing the 24 meeting date back to August 4th. She stated that the first Council meeting in October 25 would then need to shift to October 7th to support the new Night to Unite date. 26 27 Martin confirmed the consensus of the Council to make those changes to the calendar 28 as well. She asked staff to provide an updated version of the calendar, with the changes 29 highlighted. 30 31 Gallup stated that Medina Celebration Day is a huge community event, but there is no 32 way to hold that as a limited contact event. She stated that with the uncertainty related 33 to COVID-19 and the amount of planning, staff would recommend canceling the event 34 for 2020. 35 36 Martin agreed with the analysis of staff. 37 38 DesLauriers agreed that the event would be too many people in too close of an area. 39 40 Anderson stated that while it is unfortunate, he agrees that the event should be 41 canceled. 42 43 Gallup stated that staff will advertise the changes in the City event calendar in the next 44 issue of the newsletter. 45 46 Martin thanked Gallup and the other staff for the work they did on these suggestions. 47 She expressed gratitude to City staff for the excellent and professional work that they 48 provide. 49 50 Medina City Council Meeting Minutes 9 May 19, 2020 Moved by Martin, seconded by DesLauriers, to adopt the updated meeting calendar as 1 discussed. Motion passed unanimously. 2 3 C. Public Safety COVID-19 Update (9:12 p.m.) 4 Nelson stated that COVID-19 has not truly impacted Medina as it has other 5 communities. He stated that the lake group continues to meet weekly to discuss 6 staffing. He stated that Medina will revert to the original patrol schedule the following 7 day. He stated that the City will continue to follow the new format of responding to calls. 8 He provided an update on the Governor’s declarations and orders. He stated that staff 9 continue to work with business owners as much as possible. He stated that there are 10 concerns statewide related to the inability for small businesses to open while larger 11 retailers remain open for business. He believed that Minnesota has done a good job 12 statewide to follow the orders and flatten the curve. He stated he directed his officers 13 and the department that they are there to educate people. He noted that some 14 complaints may be forwarded to appropriate entities. He stated that for the most part the 15 residents and business owners understand that there are lives at risk and everyone has 16 done a good job protecting the largest amount of people possible. He stated that the 17 police department has created a goal of having a 30-day supply of PPE, in case the 18 pandemic hits the community hard. He noted that his department is close to reaching 19 that 30-day supply goal. He stated that there have been cases of COVID-19 within 20 Medina and within the congregate care facilities in Medina, but not to the extent of other 21 communities. He stated that Minnesota will be able to use the data from Wisconsin 22 opening without social distancing in its model for opening additional businesses on June 23 1st. 24 25 Martin asked Nelson how he would feel about opening bars and restaurants. 26 27 Nelson stated that they have prepared so much and for so long for this massive spike 28 that has not hit and therefore people are ready to go back to work. He stated that from a 29 rural standpoint he believes that the bars and restaurants should open. He stated that 30 each person should take it upon themselves to take responsibility for their own risk 31 factors. He noted that is simply his opinion. 32 33 Martin stated that when you think about how many people that have the virus are 34 asymptomatic, it can be frightening to think about how it could spread to and from 35 congregate care facilities. 36 37 IX. CITY ADMINISTRATOR REPORT (9:23 p.m.) 38 Johnson had nothing further to report. 39 40 X. MAYOR & CITY COUNCIL REPORTS (9:24 p.m.) 41 Albers mentioned the comment that one restaurant in Medina is looking to expand 42 outdoor seating. He stated that as different businesses are allowed to open that have 43 been forced to close, he would hope that the City could be as accommodating as 44 possible to provide flexibility for expanded seating when appropriate in an attempt to 45 help those businesses generate revenue. He stated that if flexibility is provided for the 46 short-term it could lessen the likelihood that Medina would lose those businesses. He 47 commented that this recovery will most likely occur for the next 12 to 18 months and is 48 not likely to be the quick recovery that people are hoping for. He asked the Council to 49 be smart on its approach, being flexible and accommodating in a safe manner. 50 51 Medina City Council Meeting Minutes 10 May 19, 2020 Martin stated that there was discussion today related to flexibility of regulations related to 1 outdoor seating and service and other potential impacts. She asked that staff be 2 prepared to bring forward relaxed standard to accommodate those businesses. She 3 stated that the focus first would be on restaurants and those that serve liquor, noting that 4 additional review could follow, if needed, for retail businesses. 5 6 Albers agreed that it would make sense to consider that at the first meeting in June. 7 8 Johnson confirmed that staff has already begun to investigate this matter in attempts to 9 work with restaurant owners and will determine if any changes need to be made to the 10 regulations. 11 12 Martin stated that perhaps staff should also consider other businesses and related 13 regulations that may need to be reviewed in order to support the continued changes and 14 social distancing elements. 15 16 Johnson confirmed that staff will continue to review the issue and bring something back 17 to the Council for consideration. 18 19 Albers thanked staff for their quick response to his question and noted that he was 20 impressed with the collaboration and coordination that occurred with the local business. 21 22 XI. APPROVAL TO PAY THE BILLS (9:33 p.m.) 23 Moved by Anderson, seconded by Martin, to approve the bills, EFT 005511E-005527E 24 for $55.336.49, order check numbers 050215-050250 for $76,543.78, and payroll EFT 25 0510225-0510258 for $52,177.99. 26 27 A roll call vote was performed: 28 29 Anderson aye 30 DesLauriers aye 31 Albers aye 32 Martin aye 33 Pederson absent/lost connection 34 35 Motion passed unanimously. 36 37 XII. ADJOURN 38 Moved by Anderson, seconded by DesLauriers, to adjourn the meeting at 9:35 p.m. 39 40 A roll call vote was performed: 41 42 Pederson absent/lost connection 43 Anderson aye 44 DesLauriers aye 45 Albers aye 46 Martin aye 47 48 Motion passed unanimously. 49 __________________________________ 50 Kathy Martin, Mayor 51 Medina City Council Meeting Minutes 11 May 19, 2020 Attest: 1 ____________________________________ 2 Scott Johnson, City Administrator 3 MEMORANDUM TO: Medina City Council through City Administrator Scott Johnson FROM: Jodi Gallup, Assistant City Administrator/City Clerk DATE: May 28, 2020 MEETING: June 2, 2020 SUBJ: Liquor License Renewals for July 1, 2020 through June 30, 2021 City Council Action Requested: Approval of the liquor license renewals listed below: Establishment Classification License Type Fee* Medina Recreations Inc. (DBA: Medina Entertainment Center) Restaurant/Bowling Alley On Sale – Class A Off Sale Sunday Dance TOTAL $7,500 $150 $200 $100 $7,950 Medina CC, LLC (DBA: Medina Golf Country Club) Restaurant/Golf Course On Sale – Class A Sunday TOTAL $7,500 $200 $7,700 R.M.T. Inc. (DBA: Inn Kahoots) Restaurant On Sale – Class D Off Sale Sunday TOTAL $4,500 $150 $200 $4,850 Start Fresh Corporation (DBA: Our American Kitchen/OAK Eatery) Wine & Strong Beer Wine On Sale 3.2 TOTAL $2,000 $100 $2,100 Three Rivers Park District (DBA: Baker National Golf Course) 3.2 Malt Beverage & Beer Wine On Sale 3.2 TOTAL $2,000 $100 $2,100 American Legion 394 (DBA: John Pohlker Post) 3.2 Malt Beverage & Beer On Sale 3.2 $100 Liquor Depot Inc. Liquor Store Off Sale $150 Holiday Stationstores (DBA: Hwy 55 Liquors) Liquor Store Off Sale $150 Target Corporation (DBA: Target Store T-2223) Liquor Store Off Sale $150 *Fees for on sale liquor licenses will be prorated for the months the establishments were not able to fully operate due to COVID-19 closure orders by the Governor. Agenda Item # 5A Roehl Estate Subdivision Page 1 of 4 June 2, 2020 Preliminary Plat City Council Meeting MEMORANDUM TO: Park Commission FROM: Ben Schneider, Planning Intern and Dusty Finke, Planning Director DATE: May 28, 2020 MEETING: June 2, 2020 City Council SUBJ: Roehl Estate – Preliminary Plat – 1735 Medina Road Background The Estate of Robert Roehl has requested a subdivision of approximately 28 acres of property into two lots. The subject property is located at 1735 Medina Road and is zoned Rural Residential. Medina Road cuts through the northern part of the lot and County Road 24 runs along the southern edge of the property. Morgan Road also borders some of the property to the north. There are three structures south of Medina Road, including a house, shed, and detached garage. There are 6.1 acres of wetlands on the property, meaning most of the land is dry. The southern strip of the lot also features FEMA Zone A floodplains. An aerial of the subject property and surrounding land can be found below. The proposed subdivision would use Medina Road as a divider to create two lots from one. The north lot would be 6.65 acres and the south lot would be 20.85 acres. Upon this division, the north lot would be vacant and the south lot would feature the existing structures. The Applicants have included septic plans for the north lot in this application, which likely means a future house is planned. Future construction will have to go through the City’s building permit process. County Road 24 Medina Road Morgan Road Location of existing structures Agenda Item # 7A Roehl Estate Subdivision Page 2 of 4 June 2, 2020 Preliminary Plat City Council Meeting Preliminary Plat As mentioned, the applicant proposes to subdivide the existing property into two lots with gross area of 6.65 acres (north lot) and 20.85 acres (south lot). The table below summarizes the characteristics of each lot. RR Requirement North Lot South Lot Gross Area 5 Acres Contiguous Soils 6.55 acres (6.54 acres contiguous) 20.85 acres (5.03 acres contiguous) Minimum Lot Width 300 feet ~500 feet ~950 feet Minimum Lot Depth 200 feet ~650 feet ~650 feet (not including long strip) Max Hardcover 40% 0% <1% The width of the long strip of the south lot would be too narrow for the requirements of the RR district, but the north section of the lot would be wide enough to compensate this. The long strip also features the Zone A floodplain and over 5 acres of wetlands, which explains why the acceptable contiguous soils are only about 25% of the land. Section 826.25, Subd. 2 says that Rural Residential lots must have at least 5 acres of contiguous soils suitable for sewage treatment. Both lots would comply with this requirement. For the north lot, the proposed septic locations have been deemed acceptable by the City Building Official. Section 826.24, Subd. 4 limits hard surface coverage of rural residential lots to 40% of the property. Hard surface on the south lot would be far under 40% and the north lot would be vacant, so both lots would satisfy this limit. Utilities and Easements The proposed lots will be served by individual wells and septic systems. The applicant has provided soil information verifying that a primary and secondary septic location exist on each lot, which has been confirmed by the Building Official. The City requires drainage and utility easements around the perimeter of each lot in new subdivisions and also over wetland areas. These easements have been shown on the preliminary plat. Wetlands/Floodplains The City’s wetland protection ordinance requires a buffer with an average width of 30 feet adjacent to the wetland. The Applicant has included these buffers on the preliminary plat. Staff recommends that the buffers, including signage and buffer vegetation, be implemented immediately upon subdivision for the southern lot. Staff believes it is reasonable to delay implementation of the buffers on the northern lot until construction, which is included as a recommended condition. The preliminary plat identifies the Zone A floodplain as depicted on FEMA maps. No activities are proposed in the vicinity of the floodplain. This application did not trigger a review by the Elm Creek Watershed. Roehl Estate Subdivision Page 3 of 4 June 2, 2020 Preliminary Plat City Council Meeting Transportation, Streets and Right-of-way The property abuts Morgan Road along the north, County Road 24 in the south, and Medina Road between the two proposed lots. The Applicant has included the right-of-way recommended by staff for the City streets on the preliminary plat. The preliminary plat identifies 40 feet of right-of-way for County Road 24. The City is waiting on comments from Hennepin County as to whether additional right-of-way is recommended. Staff recommends a condition that the plat provide right-of-way as requested by Hennepin County. The northern lot will have frontage on both Medina Road and Morgan Road. Staff is concerned about the impact of construction traffic from a new home on Morgan Road. Staff recommends a condition that construction traffic come from Medina Road, or the applicant improve Morgan Road as necessary. The southern lot has frontage on both Medina Road and County Road 24. The property currently is accessed from Medina Road, and the area adjacent to County Road 24 is wetland. Park Dedication The City’s subdivision ordinance requires the following to be dedicated for parks, trails and public open space purposes, at the City’s option: • Up to 10% of the buildable land (in this case = 2.18 acres) • Cash-in-lieu of land – 8% of the pre-developed market value; minimum of $3500/residential unit, maximum of $8000/residential unit (in this case the $8000 maximum will be triggered for the new lot) • Combination of the above The City’s park plan does not identify the need for park space in this area. The trail plan identifies bikeable shoulders along Medina Road. Staff has determined that these shoulders can be accommodated within the dedicated right-of-way. As such, staff recommends that cash be required in-lieu of land dedication. Review Criteria/Staff Recommendation The following criteria are described in the subdivision ordinance: “In the case of all subdivisions, the City shall deny approval of a preliminary or final plat if one or a combination of the following findings 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. (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. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. Roehl Estate Subdivision Page 4 of 4 June 2, 2020 Preliminary Plat City Council Meeting (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way. The City’s has a relatively low amount of discretion with regard to reviewing subdivisions. If the subdivision meets relevant ordinance standards and does not meet the criteria above, it should be approved. Subject to the following conditions, staff does not believe these findings are met. As a result, staff recommends approval subject to the following conditions: 1. The Owners shall pay cash-in-lieu of dedication park land in an amount of $8,000. 2. The proposed septic sites shall be fenced off upon approval of the preliminary plat 3. The Owners shall provide a title documentation as recommended by the City Attorney. 4. The plat shall provide right-of-way for County Road 24 as requested by Hennepin County. 5. The requirements of the wetland protection ordinance shall be met. Buffer vegetation and signage upon the northern lot may be implemented at the time of construction on the lot but shall be completed immediately upon the southern lot. 6. Construction access for the northern lot shall be from Medina Road, or improvements shall be provided on Morgan Road as recommended by the City Engineer to accommodate construction traffic. 7. The final plat applicant shall be filed within 180 days of the date of the City Council resolution granting preliminary approval or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 8. The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat Planning and Park Commissions The Planning Commission held a public hearing for this application on May 12th. They unanimously voted to approve this request with the conditions outlined in this report. The Park Commission held a park and trail review for this application on May 20th. They unanimously recommended that cash be required in-lieu of land dedication. Potential Action If the City Council concurs that this request satisfies the City’s subdivision criteria, staff recommends the following action: Motion to direct staff to prepare a resolution to approve the preliminary plat for the Roehl subdivision with the conditions outlined in this staff report. Attachments 1. List of Documents 2. Excerpt from draft 5/12/2020 Planning Commission minutes 3. Preliminary Plat dated 4/29/2020 5/28/2020 Project: LR-19-257– Roehl Preliminary Plat The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 8/19/2019 8/19/2019 4 Application Y Deposit 8/19/2019 8/19/2019 1 Deposit Y Preliminary Plat 3/30/2020 12/20/2019 1 Y Y Preliminary Plat 4/30/2020 4/30/2020 1 Plat Y Septic Information 3/30/2020 NA 38 Y Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 4/8/2020 1 Legal Comments Elm Creek Comments 4/8/2020 1 Elm Creek Comments No Review Building Official Comments 4/8/2020 1 Building Official Comments Engineering Comments 4/9/2020 1 Engineering Comments Wetland Comments 4/23/2020 1 Wetland Comments Additional Legal Comments 5/6/2020 1 Additional Legal Comments Hennepin County Comments 5/14/2020 1 HCComments Legal Notice 5/1/2020 2 Notice-5-1-2020 6 pages w/ affidavit, map and list Planning Commission Staff Report 5/8/2020 4 Planning Commission Report Park Commission report 5/15/2020 3 Park Commission Report 5 pages w/ attachments City Council Report 5/28/2020 4 Council Report 9 pages w/ attachments <Over> 5/28/2020 Public Comments Document Date Electronic Notes Planning Commission minutes 5/12/2020 Y Park Commission minutes 5/20/2020 Medina Planning Commission Excerpt from DRAFT 5/12/2020 Meeting Minutes 1 Estate of Robert Roehl – 1735 Medina Road – Preliminary Plat for 2 Lot Subdivision Schneider presented a proposed lot split of 1735 Medina Road. He stated that the site is 28 acres, zoned rural residential with Medina Road cutting through the northern half of the property. He stated that the proposed lot split would create a northern lot of 6.5 acres and the southern lot would be 20.85 acres. He stated that both lots would meet the dimensional standards of the rural residential district. He stated that 40 feet of right-of-way is identified for the county road, noting that the county is requesting that be increased to 50 feet. He stated that staff recommends that construction traffic use Medina Road. He stated that staff recommends approval subject to the conditions noted in the staff report. Reid asked if the northern lot would have five acres of contiguous soils. Schneider confirmed that standard to be met. Jerry Roehl, applicant, stated that this property has been in his family since 1855 and has been continuously farmed. He stated that they would be dedicating a 33-foot easement for Morgan Road along with a cul-de-sac for Morgan Road. Reid opened the public hearing at 7:11 p.m. No comments. Reid closed the public hearing at 7:11 p.m. Motion by Piper, seconded by Nielsen, to recommend approval of the preliminary plat for a two-lot subdivision at 1735 Medina Road, subject to the conditions in the staff report. A roll call vote was performed: Amic aye Nester aye Nielsen aye Galzki aye Piper aye Grajczyk aye Reid aye Motion carries unanimously. Finke stated that staff intends to present this to the City Council on June 2, 2020. Ordinance Amendment Page 1 of 3 June 2, 2020 Shed Setbacks City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: May 27, 2020 MEETING: June 2, 2020 City Council SUBJ: Ordinance Amendment – Shed setbacks Background Current City regulations allow varying sizes of accessory buildings on residential lots based upon the size of the lot. The smallest lots are permitted up to a 1000 square foot outbuilding. In addition, all lots are permitted an additional shed up to 120 square feet (12’x10’). Accessory structures are currently required to meet the same setbacks as the home on the lot, with the exception of sheds under 120 square feet, which are only required to be set back 5 feet from side and rear lot lines. A property owner in Foxberry Farms recently inquired about building a 14’x12’ (168 square feet) shed. To meet the full setbacks of the Suburban Residential district, the shed would need to be located 15 feet from side lot lines and 40 feet from the rear lot line. This would place the shed in the middle of the back yard on this owner’s lot, as would be the case in most residential lots served by sewer and water. Except for rural lots, few platted lots have sufficient room in the rear yard to construct any size accessory structure which would be able to meet structure setback requirements. This means that sewered lots are mostly limited to sheds under 120 square feet. The Building Code exempts sheds 200 square feet and less from needing a building permit. This exception was previously 120 square feet, and staff believes is probably part of the reason the shed exceptions were for 120 square feet and under. Staff believed it was appropriate to review the requirements for small accessory structures following the discussions with the property owner and the fact that sheds 200 square feet and under are exempt from building code. Staff reviewed the regulations of a number of nearby and similar communities for context. Most communities, except Minnetrista, allow reductions of side and rear setbacks for accessory structures. Many of the communities allow such reduction regardless of size. Accessory Structure Setback (rear and side) Full Principal Setback Req. Medina (existing)5 ft 120 s.f. Victoria 5 ft 100 s.f. Maple Grove 5 ft None Brooklyn Park 5 ft None Plymouth 6 ft None Eagan 5 or 10 ft None Corcoran (sewered lots)10 ft None Corcoran (rural lots)20 ft None Orono (1 acre)10 ft 1000 s.f. Orono (rural)20 ft 1000 s.f. Minnetrista Same as Principal All Agenda Item # 7B Ordinance Amendment Page 2 of 3 June 2, 2020 Shed Setbacks City Council Meeting Proposed Amendment – Shed Exemption to 200 square feet Staff believes it seems reasonable to change the exemptions in the zoning code to 200 square feet, matching the exemption under building code. This would allow sheds up to 10’x20’ to be located within 5 feet of property lines. Any larger accessory structure would still need to meet the full setback requirements. The proposed changes are highlighted at the top of page 2 of the attached ordinance. In discussions related to garage size and other subjects, comments from the Planning Commission and Council continually referenced an interest in having items stored inside of a garage. Staff believes additional flexibility for sheds may be consistent with this goal. Other Options Reduced rear setback for accessory structures Alternative setbacks could be incorporated for accessory structures on sewered lots. The 5-foot setback could be maintained for small sheds (120 s.f. or 200 s.f.) and some larger rear setback could be required for larger accessory structures. Add height limitation for sheds at reduced setback Some of the communities reviewed place height limitations on the accessory structures with reduced setbacks. Structures over a certain height would need to meet the full setbacks. A maximum height of 12 feet could be established for accessory structures which do not meet the principal structure setback. Conditional Use Permit for >5000 square feet While discussing accessory structures, staff thought it would be a good opportunity to discuss larger accessory structures on rural properties as well. The City requires a CUP for any accessory structure in excess of 5000 square feet. The City has reviewed a few of these applications recently. The CUP process provides for a public hearing, but adds approximately 75 days to the process to get a permit and some additional costs for the property owner. Staff’s impression from review of recent CUP requests for large accessory structures is that the public process may not have added a lot beyond what is already explicitly required. The City could have standards for larger accessory structures, but not require a CUP process. Staff is requesting feedback on whether the Planning Commission and Council see benefits of the CUP process. Planning Commission Recommendation The Planning Commission held a public hearing on the proposed ordinance amendment at their May 12 meeting. No one spoke at the hearing. Commissioners did not express an interest in removing the CUP requirement for larger accessory structures. Ordinance Amendment Page 3 of 3 June 2, 2020 Shed Setbacks City Council Meeting Following review, the Commission unanimously recommended an ordinance amendment which allows sheds up to 200 square feet to abide by the reduced setback. Commissioners also recommended a maximum height limitation for sheds that did not meet the full setback. Potential Action After the City Council completes review, it could consider the following actions: 1. Move to adopt the ordinance amending regulations pertaining to accessory structures. 2. Move to adopt the resolution authorizing publication by title and summary. Attachments 1. Draft Ordinance 2. Resolution authorizing publication by title and summary 3. Excerpt from draft 5/12/2020 Planning Commission Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING REGULATIONS PERTAINING TO ACCESSORY STRUCTURES; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 825.19 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: ACCESSORY STRUCTURES Section 825.19. Accessory Buildings. Subd. 1. No accessory building or structure shall be constructed on any residential lot prior to the time of construction of the principal building to which it is accessory. Subd. 2. No accessory building shall exceed 30 feet in height, with the exception of buildings where agricultural use or farming is at the discretion of the City the primary use of the property. Building projections or features, such as chimneys, cupolas, and similar decorations that do not exceed 35 feet in height are permitted in residential districts. Accessory building height shall be measured as set forth in section 825.07, subdivision 12 of the city code. Subd. 3. In residential districts, accessory buildings shall not be attached to, or erected, altered, or moved within 10 feet of the principal building. Accessory buildings in residential districts shall be governed by the following regulations: Lot Size Bldg. Size* No. Permitted 10,000 sq. ft. or less 1,000 sq. ft. one 10,001 sq. ft. to 20,000 sq. ft. 1,200 sq. ft. one 20,001 sq. ft. to 43,560 sq. ft. 1,500 sq. ft. one more than one and up to three acres 2,000 sq. ft. one more than three and up to five acres 4,000 sq. ft. two more than 5 acres 5,000 sq. ft. two * Building size shall be calculated by determining the footprint of the building. Ordinance No. ### 2 DATE Subd. 4. On residential properties more than five acres in area, the city council may grant a conditional use permit to allow accessory buildings which exceed an aggregate of 5,000 square feet in size or two in number. Conditional use permits shall be reviewed in accordance with the requirements of sections 825.39, et seq. of the city code and shall be subject to the additional accessory building standards set forth in section 826.98, subdivision 2 (o) of the city code. Subd. 5. One additional accessory building that has a footprint of 120 200 square feet or less and a height less than 12 feet, such as a shed, chicken coop, or similar type of building, is permitted. The footprint of this type of accessory building shall not count towards the maximum accessory building size allowance for the property as required above. In residential and agricultural districts, a detached accessory building of less than 120 200 square feet or less and a height of less than 12 feet may be located within five feet of the rear or side lot line, with the exception of animal structures and chicken coops, which shall abide by the specific setback requirements in respective district. All detached accessory buildings 120 larger than 200 square feet or largeror a height greater than 12 feet must meet the setbacks required for principal buildings in the district. Subd. 6 In commercial and industrial districts, all accessory buildings shall meet the same front, side, and rear yard setback requirements as the principal building. Subd. 7. The exterior materials and design features of accessory buildings in commercial or industrial districts must be compatible with the materials and features of the principal building. Subd. 8. All accessory buildings in residential and agricultural districts shall be designed to be architecturally compatible with other buildings on the property. Accessory buildings should be designed to reflect the rural design and character of the city. The visual impact of the accessory building upon neighboring properties shall be minimized by the building’s design and siting and by providing screening or additional landscaping, which shall be approved by the zoning administrator. Subd. 9. The following residential improvements shall be excluded from the maximum allowed building sizes noted under Subd. 3 of this section: (a) unenclosed playhouses; (b) gazebos up to 120 sq. ft. in size and a maximum 12 feet in overall height; (c) outdoor swimming pools; (d) detached decks up to 120 sq. ft. in size; (e) patios; (f) tennis courts; and (g) loafing sheds used exclusively for horses and which are up to 300 square feet in size and meet setbacks for structures used to house, exercise or accommodate animals for the zoning district in which they are located. SECTION II. This ordinance shall become effective upon its adoption and publication. Formatted: Highlight Formatted: Highlight Ordinance No. ### 3 DATE Adopted by the Medina city council this th day of , 2020. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on the _____day of __________, 2020. Resolution No. 2020-## DATE Member ____________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-## 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 regulations pertaining to accessory structures; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is three pages in length and contains a chart; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, an ordinance amending regulations pertaining to accessory structures. The ordinance allows sheds up to 200 square feet and 12 feet or less in height to be set back at least five feet from the rear and side property lines on residential property. Larger accessory structures would be subject to larger setbacks based on the zoning district. The ordinance also increases the size of an additional shed allowed on each lot from 120 square feet to 200 square feet. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2020-## 2 DATE Dated: ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Medina Planning Commission Excerpt from DRAFT 5/12/2020 Meeting Minutes 1 Ordinance Amendment – Chapter 8 of the City Code Related to Setback and Other Requirements for Residential Accessory Structures Finke explained that this arose from discussions with a property owner within the Foxberry Farms development. He explained that the current regulations require accessory structures to meet the same setback as the primary structure. He stated that there is an exception for sheds of 120 square feet or less. He stated that for smaller lots, the only allowed placement would be in the middle of the backyard near the rear of the home. He stated that staff reviewed the regulations of other cities and it is common to have reduced setbacks for accessory structures. He stated that State building code has also changed and any accessory structure under 200 square feet does not require a building permit. He explained that staff believes that perhaps it would make sense to use that same standard in Medina. He stated that a draft ordinance was included in the Commission packet with the proposed amended language. He stated that currently the ordinance is set to require a CUP for an accessory structure over 5,000 square feet. He noted that there are additional standards for buildings of that size and the review could be done in that manner by staff or could continue to go through the CUP process. Reid asked the height recommendation. Finke stated that he suggested 12 feet, but the language could go to 15 feet. He explained that the height is measured at the middle of the roof rather than the peak. Reid opened the public hearing at 7:21 p.m. No comments made. Reid closed the public hearing at 7:22 p.m. Amic stated that he is in favor of increasing the regulation to 200 square feet. He stated that he does not have a preference on the height as most sheds would be under 12 or 15 feet in height. He did not have an opinion on the CUP issue. Nester commented that she believes that there should at minimum be a height restriction as she did not like allowing bigger structures closer to the property lines. She stated that she would not be in favor of loosening the restrictions. She did not feel strongly on the CUP discussion. Nielsen stated that she is fine with increasing the limitation to 200 square feet. She believed that there should be a height limitation. Galzki agreed with the comments thus far. He stated that his only concern would be with the different sizes of properties. He stated that a 120 square foot shed would be sufficient on a quarter acre lot, but a larger shed on a larger property would make sense. He agreed that a height limitation should be placed on the structure. He stated that for the CUP issue, the Commission typically reviewed maid quarters or beautiful barns. He commented that it is nice to have the public hearing to allow adjacent landowners to provide comments. He noted that perhaps specific uses do not need to go through the CUP process, as that process adds cost and time to a project. Piper asked if these kinds of structure could be used to house animals or horses. Finke replied that the animal structure setbacks would explicitly still apply. Medina Planning Commission Excerpt from DRAFT 5/12/2020 Meeting Minutes 2 Piper stated that she would assume that most of these structures have a floor but cannot be mounted on a footing. Finke replied that they could be in theory, but that would be rare. He stated that the structure could be a pole structure without a floor. Grajczyk stated that he agrees with the staff recommendations. He stated that he would agree that a height restriction should be included. He stated that related to the CUP, he would not have any opinions to add. Reid stated that she would favor a height limitation and asked the desired height limit. Finke stated that he would believe that 12 feet would be sufficient. Amic agreed that 12 foot would be plenty. Reid stated that she would prefer to keep the CUP in place for now as there have been some odd requests in the past and would not want to see something the City is not expecting. She stated that perhaps that could be discussed in the future in an attempt to reduce the time and/or cost for that process. Motion by Nielsen, seconded by Galzki, to recommend adoption of the ordinance amendment related to residential accessory structures with the height limitation of 12 feet. A roll call vote was performed: Amic aye Nester aye Nielsen aye Galzki aye Piper aye Grajcyk aye Reid aye Motion carries unanimously. TO: City Council FROM: Jason Nelson, Director of Public Safety, Through City Administrator Scott Johnson DATE: May 29, 2020 RE: Request to Continue with Police Officer Hiring I am requesting the City Council’s permission to finally move forward with the internal hiring process for the full-time police officer position that was approved in the 2019 budget. As you are aware, in the 2019 budget you had approved the hiring of two police officers with one position being that to backfill for Chief Belland’s retirement and the other for an additional police officer. Our department has not added a police officer to the staff since 2007. Since 2007, we have gone from a population of 4,911 and 1,683 households, to approximate population of 6,888 and 2,386 households. Our department had not grown with the population and we find ourselves trying to continue to do more with less. With last fall’s hiring process, we conducted background investigations on two candidates which started in December 2019 and were completed in February 2020. From that process, we hired Justin Hanson from Oklahoma who has just completed the department’s Field Training Officer (FTO) process. The second candidate was found to not be a viable candidate and was passed on. It was then decided by Chief Belland and myself that we would not move forward with any of the remaining candidates on the list and instead look at the internal Community Service Officer (CSO) employees knowing that both would be completing their schooling by either mid or late summer 2020. Council was advised of this and we posted the police officer position again just for internal applications. Both CSO candidates have submitted applications and cover letters expressing their interest in working for the City of Medina. This police officer position is really an important position with our department as we have been using six patrol officers to cover 24/7/365 days a year. We work 12-hour shifts which allows us to do this very efficiently with the least amount of personnel. Most of our officers on patrol have served more than 14 years with the department and are earning 152 to 200 hours of vacation per year, plus an additional 96 hours of compensatory holiday hours in the normal work year. Because of COVID-19, our officers have not been able to take any vacations this year, thus they are all going to have a hard time using their vacation hours as the city policy requires. I have worked with City Administrator Johnson and Finance Director Barnhart and they are increasing the vacation carryover MEMORANDUM Agenda Item # 7C cap from 120 hours to 200 hours for 2020-2021. This is a temporary fix. This amount of time off creates issues with granting vacations for officers as there is only one officer per team that can take the same days off during their work rotations. By adding this additional officer this would alleviate issues that come up with vacation requests. We are continuing to prepare and plan for staffing shortages due to the COVID-19 pandemic. As you know, we have not had an employee infected with COVID to date, but we have had officers tested after being in contact with individuals suspected of COVID. Thankfully, the results have been negative. With the possibility of being infected because of exposure or other issues, it is possible that we can have officers at home on quarantine for 14 days. This then creates issues with coverage. We have been operating on a skeleton schedule with only one officer working the road at a time. We have managed thus far, but I am concerned for the officer’s wellbeing and officer safety, which is of utmost importance. We have been working a seven day on 12-hour shifts and then 14 days off. This worked in the short term, but we were running with only one officer working the road. This creates officer safety concerns as they are responding to all emergency calls for service by themselves with little or no backup. We do have great partnerships with the surrounding agencies which provide support and assistance when they are free to do so. We just cannot continue to operate with only one officer on, so I have decided to go back to our previous schedule and try to mitigate any COVID-19 issues that may come up. REQUESTED ACTION I am asking that the City Council allow me to move forward with the internal promotion process with the CSOs for the police officer position that again was approved in 2019. MEMORANDUM TO: Medina City Council FROM: Assistant City Administrator Jodi Gallup DATE OF REPORT: May 27, 2020 DATE OF MEETING: June 2, 2020 SUBJECT: Administrative Assistant Position On May 15, 2020, we received a resignation letter from Administrative Assistant to Planning and Public Works Katrina Jones. She has accepted a job with another city. Katrina’s last day with Medina will be on May 29, 2020. The primary functions of this position include providing customer service through answering and directing phone calls, as well as to the general public at the front counter and issuing building permits. The position is responsible for the German Liberal Cemetery, organizing Clean-up Day, processing park permits, and ordering office supplies. The position provides filing and scanning of documents and paperwork for the planning and public works departments. The position assists in the preparation of a variety of documents including meeting and information packets, reports, memos, and surveys. The position administers projects primarily under the oversight of the Public Works Director and Planning Director. Staff requests City Council approval of the Administrative Assistant Job Description and authorization to begin recruitment for the replacement of Katrina Jones’ position. Recommended Motions: 1) Adopt resolution accepting resignation of Administrative Assistant Katrina Jones 2) Approve Administrative Assistant Job Description 3) Authorize staff to begin recruitment to fill the vacant Administrative Assistant position Agenda Item # 7D Resolution No. 2020- June 2, 2020 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020- RESOLUTION ACCEPTING RESIGNATION OF ADMINISTRATIVE ASSISTANT KATRINA JONES WHEREAS, Katrina Jones began employment with the City of Medina as Administrative Assistant to Planning and Public Works on August 10, 2018; and WHEREAS, on May 15, 2020, Katrina Jones submitted a letter of resignation from her position addressed to the Public Works Director; and WHEREAS, Katrina Jones resignation from her position is effective May 29, 2020. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Katrina Jones’ letter of resignation is hereby accepted. Dated: June 2, 2020. ______________________________ 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. City of Medina Position Description ADMINISTRATIVE ASSISTANT City Council Approved: 06/05/2018Draft: 5/26/2020 Position Title: Administrative Assistant Department: Planning and Public Works Supervisors’ Titles: Public Works Director & Planning Director Pay Grade: Step 2 - 3 FLSA Status: NON-EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION Position performs non-supervisory administrative, secretarial, and clerical work to assist the Public Works Director and Planning Director with each department’s daily administrative duties. Position has primary responsibility for providing customer service through answering and directing phone calls, as well as to the general public at the front counter and issuing building permits. Position provides filing of documents and paperwork for the planning and public works departments. Position assists in the preparation of a variety of documents including meeting and information packets, reports, memos, and surveys. Position administers projects primarily under the oversight of the Public Works Director and Planning Director. ESSENTIAL FUNCTIONS OF POSITION  Provides customer service for Public Works and Planning Departments including answering phones and in-person requests for information, greeting and referring citizens to proper source.  Performs clerical duties for the Planning and Public Works departments including: typing, word processing, mailing documents, copying, converting documents to electronic format, maintaining files, and preparing routine correspondence.  Assists with the preparation of agendas, packets and information for Planning and Park Commission meetings.  Provides clean and professional work office and atmosphere for Planning and Public Works areas of work.  Assists in processing building and zoning permits including accepting applications, issuing permits, and collecting fees.  Maintains filing system for address files/plat maps/easements and other Planning and Public Works functions.  Maintains office supplies and building operation supplies for all departments and facilities.  Processes boat launch, parking, and field reservation permits.  Represents the City of Medina in a tactful manner that commands respect of the public, contractors, developers, and others.  Assists Public Works Director in preparing and mailing DNR Water Usage and Consumer Confidence Reports each year.  Assists Public Works Director in preparing and mailing paperwork for bids and quotes, as well as preparing new contracts.  Assists Public Works Director on annual MS4 Permit reporting. OTHER DUTIES AND RESPONSIBILITIES  Commits to creating and maintaining a healthy workplace culture by following the City of Medina’s core values, which include teamwork, trust, professionalism, and communication.  Acts as City liaison forAdministers the German Liberal Cemetery, including processing lot purchases and payments for services, maintaining records and all related responsibilities.  Notarizes documents for the public, documents for the City and also affidavits of mailing for Planning Department public notices.  Assists Public Works Director in yearly budget process, as well as coding all bills for the Public Works Department.  Serves as liaison between Public Works staff and other city staff when repairs are needed on City buildings and City vehicle.  Reviews Planning minutes, as well as other correspondence mailed to the public. City of Medina Position Description ADMINISTRATIVE ASSISTANT City Council Approved: 06/05/2018Draft: 5/26/2020  Plans and coordinates City Cleanup Day.  Assists in grant administration pertaining to Public Works projects including research, filing, coordinating with participants and contractors, and reporting.  Assists in record keeping for Septic System inspections.  Provides support to the Associate Planner as directed by Planning Director and performs duties in Associate Planner’s absence.  Performs other duties as delegated by supervisor or apparent.  Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Considerable knowledge of English, spelling, arithmetic and vocabulary.  Considerable knowledge of City operation and organization, or the ability to acquire such knowledge in a relatively short period of time.  Considerable knowledge of terminology affecting Public Works or Planning, or the ability to acquire such knowledge in a relatively short period of time.  Ability to maintain and review records and to control their use and presentation.  Ability to perform complex administrative or research tasks, as assigned, in an effective manner.  Ability to maintain filing system.  Knowledge of City’s geography, businesses and residential areas.  Knowledge of data privacy law requirements.  Knowledge of general database programs and applications.  Ability to work independently and plan, organize and prioritize work tasks.  Ability to handle multiple ongoing tasks/interruptions and complete work in a timely manner.  Ability to occasionally lift, move and/or carry files, deliveries, and storage boxes.  Performs other duties and responsibilities as apparent, or assigned by supervisor.  Ability to establish and maintain effective working relationships with elected officials, City employees, and the public with courtesy and an appropriate degree of tact. Machines, tools, and equipment used: City or personal vehicles, computers, calculator, copier, fax, scanners, postage machine, multi-line phone system, and various other office tools/equipment. Ability to operate general Microsoft applications. MINIMUM QUALIFICATIONS • High school degree or equivalent • Two years of administrative or clerical experience. An equivalent combination of education and experience may be considered. • Ability to successfully complete on-the-job training and be cross-trained in all office functions. Must undertake any other employer-required training. DESIRABLE QUALIFICATIONS  Post-secondary training in administrative assistant, executive assistant, office management or related program.  Previous clerical or administrative experience in a municipality or comparable public agency. Experience in working with municipal database programs, including Banyon Data Systems (BDS). WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to training, other City property, and community events. Generally, the position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or OFFICE ASSISTANT TO PLANNING AND PUBLIC WORKS City Council Approved: 06/05/2018Draft: 5/26/2020 chemicals are used on this job. 1 ME230-1A-655469.v1 Kennedy Ronald H. Batty 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9262 telephone (612) 337-9310 fax rbatty@kennedy-graven.com http://www.kennedy-graven.com C H A R T E R E D MEMORANDUM To: Mayor Martin and Members of the City Council From: Ronald H. Batty, city attorney Date: May 29, 2020 Meeting: June 2, 2020 Subject: Regulatory Flexibility in Reopening Restaurants and Bars Background: On May 13, 2020 Governor Walz’ Stay at Home Order expired and was replaced by the Stay Safe MN Order. On May 20, 2020, the Minnesota Department of Employment and Economic Development (“DEED”) introduced a phased plan to allow limited reopening of certain businesses starting June 1, 2020. The plan encourages local governments to be creative in applying the usual rules and regulations to facilitate the phased reopening of specified businesses. The businesses which are likely to be the most directly affected by the city’s actions are restaurants and bars. Phase II Stay Safe MN. Under the Governor’s Stay at Home Order restaurants were allowed to be open only for take-out food service. Bars remained closed but the legislature recently amended the state statute to permit the sale of a limited amount of alcohol with the purchase of take-out food for restaurants with an on-sale liquor license. Phase II of Stay Safe MN will allow a limited reopening of restaurants and bars starting June 1, 2020, subject to the following restrictions: • Business must have adopted and implemented a COVID-19 Preparedness Plan • Outside seating only • Tables to remain 6 feet apart • No more than 50 customers • No more than 4 persons per table (6 if family) Agenda Item # 7E 2 ME230-1A-655469.v1 • Reservations required – no walk-ins • Masks for workers mandatory and encouraged for customers The above requirements apply to both restaurants and bars but establishments wishing to sell alcohol are subject to additional requirements by virtue of state law. Statutory provisions which will affect such establishments include the following: • Service area must be compact and contiguous with currently licensed area • Business must control the area through ownership or lease (including temporary license or encroachment agreement) • Liability insurance must be extended to include new area of service • Must provide a map or site plan of the expanded area to the Minnesota Department of Public Safety It should be noted that the regulatory environment remains fluid and DEED updated its guidance on Phase II as recently as May 28, 2020. City Regulatory Flexibility. The use of outdoor areas for restaurant and bar service will require creativity on the part of businesses and the city. The above restrictions are based on state law or DEED regulations and there is little the city can do about them. There are, however, any number of additional regulatory hurdles which arise under city ordinances and those are the ones over which the city has discretion. It is staff’s intent to be flexible in imposing local regulations to the degree reasonably possible. The city recognizes the hardship the COVID-19 pandemic has imposed on many businesses, especially those which are public-facing, and wishes to do what it reasonably can to facilitate their reopening. It is not possible to specify exactly what staff will or will not do to achieve this goal because each situation will pose unique challenges. However, staff’s intent is to address them with an attitude of cooperation and flexibility within the bounds of compliance with state law and the preservation of public health and safety. Staff intends to implement the above administratively and without the need for council action. It is possible, however, that disagreements may arise between businesses and the staff regarding the degree of flexibility to be exercised. If that occurs and the parties are unable to reach an accommodation, the city council may be asked to intervene. Recommend actions. No specific action is requested of the city council other than a discussion and endorsement of the above plan if it is consistent with the council’s wishes. An appropriate motion would be to authorize city staff to apply city rules and regulations regarding restaurants and bars with flexibility to facilitate the partial reopening of those businesses starting June 1, 2020, while maintaining public health and safety and compliance with state laws and regulations. 1 Jodi Gallup Subject:RE: Outdoor dining beginning June 1: Answers to commonly asked questions   From: DEED Communications <MNDEED@public.govdelivery.com>   Sent: Thursday, May 28, 2020 3:12 PM  To: Batty, Ronald H. <rbatty@Kennedy‐Graven.com>  Subject: Outdoor dining beginning June 1: Answers to commonly asked questions        Outdoor dining beginning June 1:    Answers to commonly asked questions  On June 1, Minnesota moves into Phase 2 of the #StaySafeMN Plan, which includes the option for restaurants and bars to re-open for outdoor dining. We know that there are many questions from businesses and customers about how that process will work. Please see below the answers to questions we’ve been hearing about Executive Order 20-63. What establishments can be open for outdoor food and alcohol sales?   Restaurants, food courts, cafes, coffeehouses, bars, taverns, brewer taprooms, micro distiller cocktail rooms, farm wineries, craft wineries, cideries, and golf courses may be open for outdoor service with the following requirements:  Adopt and implement a COVID‐19 Preparedness Plan    Ensure a minimum of 6 feet of distance between tables   Limit on‐premises capacity to no more than 50 persons   Limit table service to 4 persons, or 6 if part of one family unit  2  Require reservations in advance   Require workers to wear masks and strongly encourage masks be worn by  customers  Are restaurants and bars still allowed to be sell wine and beer curbside/to‐go after  June 1? Yes, to-go sales of wine and beer are still permitted. Are customers allowed to use the restrooms while dining outdoors?   Yes, customers can go indoors to use the restroom. Social distancing protocols must still be followed and people should avoid congregating indoors to wait for a restroom. Are customers allowed to go indoors to access an outdoor space, such as a rooftop  patio? Yes, customers can go indoors if necessary to access an establishment’s outdoor space. Social distancing protocols must still be followed and people should avoid congregating indoors. What about inclement or sever weather? Can customers go indoors then?  Yes, the underlying goal of all guidelines and requirements is to keep people safe and save lives. In the event of inclement weather, customers may move indoors to package food and pay bills but must exit quickly – businesses should not allow customers to move indoors to continue their meal. While indoors, customers must follow social distancing rules and avoid congregating. Nothing in Executive Order 20-63 prohibits indoor sheltering in the event of severe weather. Can restaurants set up tents to offer dining in a screened‐in or covered setting  outdoors? Yes, as long as at least half of the sides of the tent are open or screened. What about fast‐casual restaurants or cafes? Do they have to take reservations?  These establishments should plan to take on-site reservations for people who sit down at outdoor tables to eat or drink products they buy on site. They must also ensure that tables are 6 feet apart and that customers are not standing and waiting for tables to open. Why a 50 person maximum, instead of deciding on a percentage of total capacity? Setting a percentage for capacity of outdoor spaces presents a number of additional challenges because it isn’t as clearly determined as indoor spaces – and, in coordination with municipal governments, some establishments may create new outdoor spaces that 3 were not previously used for dining. A cap on the total number of people is more consistent with limiting the amount of people any person might come into contact with for extended periods of time. Does the 50 person maximum include employees? No. An establishment is limited to a maximum of 50 customers on the premises at any one point, not including employees. Are restaurants required to keep a log of reservations? No, restaurants are not required to keep a log, nor are they discouraged from doing so. There is no requirement that a business check an ID or verify a person’s identify with their reservation. What if a restaurant doesn’t have a patio or outdoor space? Can they use a parking  lot or create a new outdoor space beginning on June 1? Establishments will need to work directly with their local governments on permitting for spaces not typically designated for outdoor dining. Executive Order 20-63 encourages local governments to work collaboratively with establishments on this process. For local governments interested in using right of way on state highways for food and beverage service, the Minnesota Department of Transportation is working on a permitting process for cities and townships and will provide more information soon. Can restaurants combine seating areas, or close down a street to make a communal  dining area? Spaces should be clearly defined and marked for each restaurant and contiguous to the establishment. Can a restaurant inside a mall reopen? At this time, only restaurants with existing or newly-permitted outdoor space (in coordination with their local government) can reopen. A restaurant, food court or other communal dining area that is fully enclosed within another setting such as a mall cannot reopen at this time for indoor dining. Does a restaurant that has been operating as takeout‐only need to develop a COVID‐ 19 Preparedness Plan if they choose not to offer onsite outdoor dining? Businesses that were included on the Critical Sector list are required to comply with Centers for Disease Control and Prevention (CDC) and Minnesota Department of Health (MDH) COVID-19 guidelines and OSHA standards, but they are not at this time required to have a written COVID-19 Preparedness Plan. 4 Why can’t restaurants open for indoor dining, but other places such as retail and  salons can be open for indoor services and sales? Based on what we know at this point about COVID-19, some of the key factors that determine transmission risk of the virus include: how close you are to other people, how long you are in close proximity to another person, and how predictable the setting is regarding the ability to maintain social distancing. People eating and drinking indoors for extended periods of time in confined air spaces put customers and workers at an increased risk. Certain establishments, such as hair salons or tattoo parlors, are more conducive to requiring customers and workers to wear masks at all times – and paired with strict occupancy capacities, those establishments present a more predictable environment and less direct interaction with other people. Other retail environments, with strict occupancy capacities and social distancing protocols, can effectively minimize the number of people who might come into contact with others for extended periods of time. When will restaurants be able to reopen for indoor dining? Phase 3 of Minnesota’s Stay Safe Plan will include some capacity for indoor dining. A date has not yet been set for when Phase 3 will begin. DEED Developments Blog  Subscribe to receive more information from DEED.    Questions? Contact Us         1 TO: Medina City Council FROM: Jodi Gallup, Assistant City Administrator DATE: May 28, 2020 RE: 2020 Election Update The Governor signed a new election law (HF3429/SF3494) on May 12, 2020 to help address polling place and absentee voting concerns due to COVID-19. The highlights of the law include: 1) Absentee Ballot counting period starts 14 days before the election (previously started 7 days before the election). o This will allow Hennepin County additional time to start scanning/counting the increased volume of absentee voters this year. Voters that submitted absentee ballots will be able to “claw-back” (replace/change) their absentee ballot vote up until 14 days before the election. o The Secretary of State, Hennepin County, and Medina will be heavily advertising that resident can vote from the safety of their homes by requesting an Absentee Ballot. This campaign will help reduce the number of voters at the polls on Election Day to be able to provide adequate social distancing and safety precautions for those that want to come to the polls to vote on Election Day. 2) Polling places can be changed up until July 1, 2020 (including absentee polling locations) o Hennepin County to take over in-person Absentee Voting for August Primary - Hennepin County has authority over absentee voting and will provide in-person absentee voting for all cities within Hennepin County at the Government Center for the entire 46-day absentee voting period for the Primary and General Elections. Hennepin County stated that cities do not have to provide in-person absentee voting at city halls for the Primary Election from June 26 to August 10, because the County meets the requirements for offering in-person voting at their offices. Historically, there has been a low voting turnout for Primary Elections in a Presidential Election year (Medina only had 6 absentee voters for the Primary Election in 2016). Cities can elect to still offer direct balloting the 7 days before the election at city hall or direct residents to the government center downtown. I would ask for Council direction on whether to offer direct balloting at city hall for the 7 days before the August Primary Election or direct everyone to the government center? As of now, cities will be required to offer in-person absentee voting for the General Election for the entire 46-day absentee voting period from September 18 to November 2. o Medina may want to combine polling places – Due to COVID-19, Medina may struggle recruiting an adequate number of election judges to staff two polling places. Staff is considering combining our two polling places for the 2020 MEMORANDUM Agenda Item # 8A 2 elections only. The combined polling place would have to be located within the precinct or within one mile of the precinct. Staff originally considered utilizing 600 Clydesdale Trail, but that location is not within one mile of the boundaries of Precinct 1A (City Hall Precinct). Staff is looking into other potential options and will provide an update at the meeting. 3) Affidavits of Candidacy can be filed electronically. o Staff will work on making electronic payment and electronic filing available for candidates that wish to file electronically rather than in-person. Planning Department Update Page 1 of 2 June 2, 2020 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: May 28, 2020 SUBJ: Planning Department Updates – June 2, 2020 City Council Meeting Land Use Application Review A) Roehl Preliminary Plat – 1735 Medina Road – The Estate of Robert Roehl has requested a preliminary plat to subdivide 28 acres into two lots. The Planning Commission held a public hearing on May 12 and recommended approval. Staff intends to present to the City Council on June 2. B) Meadow View Townhomes– north of Highway 55, west of CR116 – Lennar has applied for a preliminary plat to develop 125 townhomes on approximately 20 net acres. Staff is reviewing the information and will present for a public hearing when complete, potentially at the June 9 Planning Commission meeting. C) OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate company for OSI) has requested final plat approval for Cavanaughs Meadowwoods Park 3rd Addn. The City Council previously granted approval of a site plan review and preliminary plat to construct an expansion to the existing building and parking lot at 4101 Arrowhead Drive. Staff is awaiting final construction plans, and will present the final plat to the City Council when complete. D) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. The application is incomplete for review, and the City has requested additional materials. E) Stetler Barn CUP – 1832 Medina Road – Chris and Jim Stetler have requested a Conditional Use Permit for construction of a 12,300 square foot barn and riding arena. The City Council adopted a resolution of approval on May 19. The project will now be closed. F) Mark of Excellence Comp Plan Amendment, PUD Concept Plan – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Comp Plan Amendment and PUD Concept Plan for development of 76 twinhomes, 41 single- family, and 32 townhomes on the Roy and Cavanaugh properties. The Council adopted a resolution granting conditional approval and authorizing submission to the Met Council. The Met Council has authorized the City to put the amendment into effect. Staff will await a preliminary plat application. G) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Jan-Har, LLP (dba Adam’s Pest Control) has requested various approvals for development of a 35,000 s.f. office building, restaurant, and 13,000 s.f. warehouse/repair shop north of Highway 55, west of Willow Drive (PIDs 04-118-23-21-0001 and 04-118-23-24-0001). The Planning Commission held a public hearing at the November 12 and March 10 meetings and recommended approval. The City Council adopted approval documents on March 17. H) 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. I) 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. Planning Department Update Page 2 of 2 June 2, 2020 City Council Meeting Other Projects A) Tamarack Drive study – The Council reviewed public engagement and the draft concepts at the May 19 council meeting and directed staff to finalize the report. Staff intends to present at the June 16 meeting. B) Hackamore Road Preliminary Design – Online engagement is currently underway on two concepts for the Hackamore Road Improvements. WSB has created an online activity that is available and a virtual open house was held from on May 19. Both available at https://medinamn.us/hackamore Staff intends to present at the June 16 meeting. C) Assistance with business reopening – Staff is assisting business owners with information to assist limited reopening as allowed within Governor’s orders. Staff has prepared a simple checklist to expand on outdoor dining areas for restaurants, and is providing occupancy information for salons, retail establishments and churches. D) Commercial Exterior Building Materials – Staff has been in discussions with a property owner hoping to install LP siding over portions of an existing concrete building which has had water issues. Staff intends to present an ordinance amendment for discussion at the June 9 Planning Commission meeting. TO: City Council FROM: Jason Nelson, Director of Public Safety, Through City Administrator Scott Johnson DATE: May 29, 2020 RE: Department Updates The past few days have been a struggle with seeing the things going on in Minneapolis. The video that I am sure you have all seen is sad, frustrating, and just should not happen in American policing. There is a quote from Erin Gruwell, “Don’t let the actions of a few determine the way you feel about the entire group. Remember, not all German’s were Nazis”. This quote seems fitting in this particular case, not that I am referring to the Minneapolis Officers as Nazis, but to a few that I would consider bad actors and because of their actions it will reflect on everyone that wears the badge. I cannot comprehend why things happened the way they did, but I can assure you that this type of conduct or culture will not be tolerated in the Medina Police Department. I have put out a memo to the entire department reinforcing my thoughts about our city’s Core Values; Teamwork, Trust, Professionalism and Communication, and within those Core Values comes Honesty, Integrity, Dignity and Respect. These are things that our officers focus on a daily basis and this gives us clear guidance on how we deal with our community members and others that come and go through our city. As Chief for the City of Medina, I will always make sure that our officers understand the importance of this. The past two weeks have shown an uptick in calls for service. The department has noticed more individuals commuting during rush hour times. We have also noticed that more people are just out and about generally. As of May 26, we have gone back to our normal patrol schedule. We are still operating with caution and being more reactive versus proactive. With people working from home, we are fielding more nuisance complaint type calls as more people are out and about in the neighborhoods, parks and trails than normal. I continue to work daily on COVID-19 with the area police and fire chiefs. This week we started contract negations with the police union members. It was decided that we would put off the negations until sometime in July in hopes that we have some direction as to what the economy is going to do. More to come on that in the next few months. MEMORANDUM Patrol: Patrol Updates 05/13/2020 through 05/26/2020 Patrol Activities – Between the dates of May 13, 2020 through May 26, 2020 our officers issued 53 citations and 55 warnings for various traffic violations. There were 3 property damage accidents reported, 4 medicals, 2 business alarms, 3 residential alarms, 8 suspicious calls, and 9 assists to other agencies. Traffic volumes have notably been increasing with more and more people going back to work. On 05/13 Officer assisted Corcoran PD with a reported attempted vehicle theft in progress. Upon arrival on scene the suspect was actively resisting the Corcoran Officer who was trying to place the suspect in the back seat of the squad car. Medina Officer assisted the Corcoran Officer with securing the suspect in the back of the squad car. On 05/19 Officer was dispatched to a report of suspicious activity along the 600 block of Clydesdale Trail. It was reported a vehicle with a flashlight kept driving by slowly. When the officer arrived, he found the light was the headlight from a lawn mower that was mowing the grass in the area. No enforcement action was taken. On 05/21 at 0200 hours Officer stopped a vehicle with no plates in the 2200 block of Highway 55. The driver identified himself with a booking bracelet from the Chicago County Jail. The Officer returned to his squad and ran the name provided and found the suspect had a felony warrant for drugs. When the Officer returned to the car and asked the driver to step out the driver put the vehicle in drive and sped away. A pursuit was initiated with the suspect vehicle which continued eastbound into Plymouth and northbound on Highway 169. When the suspect vehicle took an exit and then entered the ramp to go northbound in the southbound lanes of Highway 169 the Officer terminated the pursuit. MN State Patrol was able to watch the suspect vehicle on traffic cameras take the next ramp to the north and turn into a neighborhood to the west. Squads began searching this area and the vehicle was located darked out in a business parking lot where it again sped off. A short time later an Officer observed the suspect vehicle driving through some backyards in the area and the vehicle was ultimately found crashed in a wooded area behind some residences. The suspect fled on foot. A search of the area was conducted using K-9s and the MN State Patrol Helicopter, but the suspect was not located. The investigation is ongoing. On 05/21 Officers were dispatched to the Subway on a forgery in progress call. It was reported that a male had attempted to pass a fake bill at the business and that the suspect was currently outside. When officers arrived in the area the suspect attempted to run on foot but was apprehended shortly after. He was found to have a felony warrant for his arrest and was taken into custody for the warrant, and also for attempting to pass a counterfeit bill. Charges are pending. On 05/23 Officers were provided information that a group of street racers were going to be congregating at the Medina Target parking lot late at night. Recently, groups of cars have been reported racing down roads in several other jurisdictions around the metro area late at night. Officers began patrolling the area and found numerous performance cars beginning to congregate in the lot. Officers began telling them to leave the private property. A short time later an Officer was patrolling County Road 101 and found a group of vehicles and a motorcycle racing side by side northbound in excess of 90 mph. The Officer attempted to stop the lead car and motorcycle, but they increased speed to more than 120 mph. The Officer was able to maintain a visual on the motorcycle that eventually drove past HyVee and turned back south through a neighborhood in Maple Grove before eventually losing control and crashing his motorcycle. The suspect did not sustain any life- threatening injuries but was transported to the hospital for evaluation. Charges will be filed after some additional investigation is completed. On 05/24 Officer stopped a vehicle for a minor traffic violation. The driver was found to have multiple felony warrants for his arrest and was taken into custody without incident. On 05/26 Officer received information on a dumping complaint in the area of Highway 55 and Pioneer Trail. Upon arrival it was discovered someone has been dumping hundreds of dead carp in a field on the north side of Highway 55. Since the property was in the city of Corcoran, the information was forwarded to the Corcoran Police for follow up. Investigations: Executed a search warrant on a vehicle that fled from Officers Hanson and Scharf. Some illegal items were found in the vehicle. Hennepin County CSI processed the vehicle for DNA evidence. The suspect is known, and the investigation is ongoing. Executed a search warrant on a vehicle that was involved with a forgery. The suspect attempted to pass counterfeit currency at a business. The report was sent to the city attorney’s office for charging. Investigating a forgery complaint from a business in Loretto. The suspect paid for a lawnmower with a check from a closed account. I sent an administrative subpoena to the county attorney’s office for review. Investigating a harassment complaint over snap chat. The victims snap chat account was hacked by an unknown party. I sent an administrative subpoena to Snap Chat for additional information. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: May 28, 2020 MEETING: June 2, 2020 SUBJECT: Public Works Update STREETS • We have made the decision to stop the sealcoating program for now to evaluate the process. There have been some issues with the compatibility of the asphalt and the sealcoat itself. The failures leave spots that separate and make bare spots or sometimes peel off the pavement. We have been actively spray patching the bad areas. • The gravel roads have been graded now that they have firmed up for the season. • WSB will be giving a 30% plan report for Hackamore Road to council in the next two weeks. WATER/SEWER/STORMWATER • Public Works installed culverts at both Ardmore Creek and Long Lake Creek. We took the opportunity to solve some serious erosion problems on the Deer Hill culvert while we were there. • Inflow and infiltration meters will be installed next week to try to identify any more I/I problems in the trunk line that runs to Foxberry and the Toll addition. Public Works, along with the developers and WSB have solved several problems on this trunk to date. • A weekly progress meeting was held with the Metropolitan Council Environmental Services and their construction partners. The project is in its second crossing phase where the sewer main will cross County Road 19 again. This phase will include bypass pumping and when the connection is complete the flow will go around Sycamore and should be a huge improvement for the sewer gas smell in the area, while allowing capacity for the Loretto sewage. PARKS/TRAILS • The parks are in great shape and are being enjoyed by all. Mowing is being done at least once a week and more in some parks. The weed spraying is in progress today. • We are hoping to continue to widen the shoulder/on road trail along Medina Road on the north side. This is in the park and trail plan. We will work from the east to west on this and try to do the work in house as we can fit it in over the next two years if possible. PERSONNEL • The resignation letter from Administrative Assistant Katrina Jones is in your packet. We are also looking for approval on this agenda to recruit for her replacement. ORDER CHECKS MAY 19, 2020 – JUNE 2, 2020 050251 CENTERPOINT ENERGY ......................................................... $975.23 050252 JABBAR, SADIA ........................................................................ $500.00 050253 THANUPILLAI, BALA ................................................................. $700.00 050254 BELISLE, TARA ........................................................................... $48.37 050255 BHATIA, KALPA ........................................................................ $700.00 050256 GARLOCK-FRENCH CORP .......................................................... $4.00 050257 GOSS PLUMBING ....................................................................... $50.00 050258 GUPTA, AMIT ............................................................................ $500.00 050259 LENNAR (US HOME CORP) .................................................. $8,400.00 050260 MET COUNCIL (SAC) ............................................................. $4,920.30 050261 PITTMAN, JANE ........................................................................ $350.00 050262 SUBRAMANIAN, NAGARAJAN ................................................. $650.00 050263 A-1 OUTDOOR POWER INC ......................................................... $4.78 050264 ABDO, EICK & MEYERS LLP ................................................. $6,500.00 050265 ADVANCED DRAINAGE SYSTEMS ....................................... $6,499.29 050266 ALLINA HEALTH ......................................................................... $25.00 050267 AMERICAN MAILING MACHINES ............................................. $220.21 050268 APPLIED CONCEPTS INC ........................................................ $132.00 050269 BEAUDRY OIL & PROPANE ..................................................... $595.53 050270 BRAVO PROTECTION PRODUCTS ...................................... $1,152.00 050271 BURSCHVILLE CONSTRUCTION INC ................................. $25,715.00 050272 CORE & MAIN LP ................................................................... $4,064.29 050273 GALLAGHER BENEFITS SERVICES IN ................................ $2,000.00 050274 GREAT AMERICAN FINANCIAL SERVI .................................... $178.95 050275 HENN COUNTY INFO TECH .................................................. $2,214.91 050276 HOLIDAY FLEET ....................................................................... $104.00 050277 KD & COMPANY RECYCLING INC ........................................ $1,396.69 050278 KELLYS WRECKER SERVICE INC ........................................... $111.00 050279 KENNEDY & GRAVEN CHARTERED .................................... $7,847.50 050280 KRAEMER MINING AND MATERIALS ................................... $6,326.10 050281 MARCO (LEASE) .................................................................... $1,424.03 050282 METRO WEST INSPECTION ............................................... $11,758.86 050283 MN POLLUTION CONTROL AGENCY ...................................... $276.49 050284 MOTLEY AUTO SERVICE LLC ................................................. $497.00 050285 NUTRIEN AG SOLUTIONS, INC ............................................... $170.00 050286 OFFICE DEPOT .......................................................................... $45.26 050287 ROLF ERICKSON ENTERPRISES INC .................................. $8,238.40 050288 STREICHERS INC ..................................................................... $114.98 050289 TEGRETE (CARLSON BLDG) ................................................... $838.45 050290 TIME SAVER OFFSITE SEC SVCS IN ...................................... $296.00 050291 TURBENSON, DAVID ................................................................ $600.00 050292 US SOLAR BUSINESS - 1 ...................................................... $4,412.27 050293 US SOLAR BUSINESS - 3 ...................................................... $6,108.27 050294 WESTSIDE WHOLESALE TIRE ................................................ $223.24 050295 WSB & ASSOCIATES INC.................................................... $54,869.00 Total Checks $172,757.40 ELECTRONIC PAYMENTS MAY 19, 2020 – JUNE 2, 2020 005528E ELAN FINANCIAL SERVICE .................................................. $1,355.10 005529E MINNESOTA, STATE OF .......................................................... $883.00 005530E PR PERA .............................................................................. $15,882.81 005531E PR FED/FICA ....................................................................... $16,743.03 005532E PR MN Deferred Comp ........................................................... $1,890.00 005533E PR STATE OF MINNESOTA .................................................. $3,671.58 005534E CITY OF MEDINA ........................................................................ $21.00 005535E FURTHER .............................................................................. $1,749.29 005536E FURTHER ................................................................................... $95.62 005537E DELTA DENTAL ..................................................................... $2,387.95 005538E VALVOLINE FLEET SERVICES .................................................. $28.48 005539E WRIGHT HENN COOP ELEC ASSN ...................................... $2,099.53 005540E XCEL ENERGY ...................................................................... $2,383.76 Total Electronic Checks $49,191.15 PAYROLL DIRECT DEPOSIT MAY 27, 2020 0510259 BOEDDEKER, KAYLEN ............................................................ $628.35 0510260 JOHNSON, PATRICK M. ........................................................... $633.53 0510261 ALTENDORF, JENNIFER L. ................................................... $1,521.00 0510262 BARNHART, ERIN A. ............................................................. $2,514.01 0510263 BOECKER, KEVIN D. ............................................................. $2,544.89 0510264 CONVERSE, KEITH A. ........................................................... $1,978.16 0510265 DION, DEBRA A. .................................................................... $1,880.15 0510266 ENDE, JOSEPH...................................................................... $2,044.07 0510267 FINKE, DUSTIN D. ................................................................. $2,594.13 0510268 GALLUP, JODI M. ................................................................... $2,119.19 0510269 GLEASON, JOHN M. .............................................................. $2,226.35 0510270 GREGORY, THOMAS ............................................................ $2,040.25 0510271 HALL, DAVID M. ..................................................................... $2,039.87 0510272 HANSON, JUSTIN .................................................................. $2,042.13 0510273 JACOBSON, NICOLE ................................................................ $949.86 0510274 JESSEN, JEREMIAH S. .......................................................... $2,258.13 0510275 JOHNSON, SCOTT T. ............................................................ $2,286.95 0510276 JONES, KATRINA M............................................................... $1,467.05 0510277 KLAERS, ANNE M. ................................................................. $1,427.40 0510278 LEUER, GREGORY J. ............................................................ $2,238.07 0510279 MCGILL, CHRISTOPHER R. .................................................. $1,505.35 0510280 MCKINLEY, JOSHUA D .......................................................... $2,014.47 0510281 NELSON, JASON ................................................................... $2,531.60 0510282 REINKING, DEREK M ............................................................ $2,294.17 0510283 SCHARF, ANDREW ............................................................... $1,882.66 0510284 SCHERER, STEVEN T. .......................................................... $2,372.91 0510285 SCHNEIDER, BENJAMIN .......................................................... $599.09 0510286 DINGMANN, NATHAN ............................................................ $1,251.91 Total Payroll Direct Deposit $51,885.70