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HomeMy Public PortalAbout07.07.2020 City Council Complete Packet Posted 07/02/2020 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, July 7, 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 June 16, 2020 Work Session B. Minutes of the June 16, 2020 Regular Council Meeting V. CONSENT AGENDA A. Resolution Appointing Election Judges for the August 11, 2020 Primary Election and November 3, 2020 General Election B. Resolution Appointing Absentee Ballot Board for the August 11, 2020 Primary Election and November 3, 2020 General Election C. Ordinance Amending Section 512 of the Code of Ordinances Regarding Surface Use of Lake Independence D. Resolution Authorizing Publication of the Ordinance Regarding Surface Use of Lake Independence by Title and Summary E. Appoint Theresa Couri to the Planning Commission VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Ordinance Amending Building Materials in Commercial Districts; Amending Chapter 8 of the City Code 1. Resolution Authorizing Publication of the Ordinance by Title and Summary B. Resolution Calling for Public Hearing Levying Special Assessment for Hickory Drive Street & Utility Improvement Project C. Resolution Calling for Public Hearing Levying Special Assessment for Brockton Lane Street & Utility Improvement Project VIII. CITY ADMINISTRATOR REPORT A. COVID-19 Public Meeting 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: 873 660 865# MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 2, 2020 DATE OF MEETING: July 7, 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: 873 660 865# V. CONSENT AGENDA A. Resolution Appointing Election Judges for the August 11, 2020 Primary Election and November 3, 2020 General Election – Staff recommends approval of the resolution appointing election judges for the 2020 Elections. See attached resolution. B. Resolution Appointing Absentee Ballot Board for the August 11, 2020 Primary Election and November 3, 2020 General Election – Staff recommends approval of the resolution appointing the absentee ballot board for the 2020 Elections. See attached resolution. C. Ordinance Amending Section 512 of the Code of Ordinances Regarding Surface Use of Lake Independence – At the April 7th meeting, City Council reviewed the amended ordinance raising the slow no-wake high-water level trigger on Lake Independence from 957.8 to 958.2 feet above sea level and recommended submitting to the DNR for approval. The DNR has approved the requested high-water level change. Staff recommends approval of the ordinance adopting the new high-water level trigger. See attached ordinance. D. Resolution Authorizing Publication of the Ordinance Regarding Surface Use of Lake Independence by Title and Summary – Staff recommends approval of the resolution authorizing the publication of the ordinance by title and summary in lieu of the entire ordinance. See attached resolution. 2 E. Appoint Theresa Couri to the Planning Commission – Council Member Todd Albers, Planning Commission Chair Robin Reid, and Planning Director Dusty Finke are recommending the appointment of Theresa Couri to fill the open Planning Commission seat. The current term expires on December 31, 2020. See attached memo. VII. NEW BUSINESS A. Ordinance Amending Building Materials in Commercial Districts; Amending Chapter 8 of the City Code – The proposed ordinance amends building materials in the commercial, industrial, and business districts. The proposed ordinance allows the use of engineered wood panels and fiber cement architectural panels to rehabilitate existing buildings in the commercial, industrial, and business districts that meet certain conditions. See attached report. Recommended Motion # 1: Move to adopt the ordinance amending regulations pertaining to accessory structures Recommended Motion # 2: Move to adopt the resolution authorizing publication by title and summary B. Resolution Calling for Public Hearing Levying Special Assessment for Hickory Drive Street Improvement Project – Staff is requesting a public hearing be held on August 4, 2020 at 7:00 p.m. either virtually due to COVID-19 or in the council chambers at city hall to consider the proposed assessment for the Hickory Drive street improvement project. See attached resolution. Recommended Motion: Motion to adopt resolution calling for public hearing levying special assessment for Hickory Drive street improvement project C. Resolution Calling for Public Hearing Levying Special Assessment for Brockton Lane Street Improvement Project – Staff is requesting a public hearing be held on August 4, 2020 at 7:00 p.m. either virtually due to COVID-19 or in the council chambers at city hall to consider the proposed assessment for the Brockton Lane street improvement project. See attached resolution. Recommended Motion: Motion to adopt resolution calling for public hearing levying special assessment for Brockton Lane street improvement project 3 VII. CITY ADMINISTRATOR REPORT A. COVID-19 Public Meeting Update – City Attorney Ron Batty provided an updated memo regarding public meetings during COVID-19. He will provide a brief update to the City Council at the July 7th meeting. See attached memo. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005560E-005572E for $48,076.25 and order check numbers 050346-050408 for $325,249.64, payroll EFT 0510320-0510347 for $52,519.62. INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Special Meeting Minutes 1 June 16, 2020 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF JUNE 16, 2020 The City Council of Medina, Minnesota met in work session on June 16, 2020 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Martin, Anderson, Albers, DesLauriers, Pederson Members absent: Also present: City Administrator Scott Johnson, City Engineer Jim Stremel, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Ed Belland, Police Sergeant Jason Nelson and Planning Director Dusty Finke II. 2021 Budget – General Fund Finance Director Erin Barnhart provided the City Council with the proposed budget for 2021. Staff provided a proposed budget that includes an overall levy increase of 4.8%. The main areas for proposed increases included property/liability insurance, health insurance, Hennepin County Technology Services (Assessor Software), and new police mandates. Initial market value increases from Hennepin County are at 4.7% and Medina’s initial tax capacity increase is at 5%. The Hamel Community Building is looking at a shortfall of $32,000 for 2020 due to COVID-19. Council discussed a possible reduction of the budget amount for the Hamel Community Building/other possible revenue shortfalls, possibly increasing the permit line item, including a budget cost for a full-time fire chief position, discussed how Hamel Fire Department’s one-time flat fee may go into future budgets, and funding rainy day funds to protect against economic decline. Council directed staff to put together a red-line budget to show reductions, factor in reserve options, look for further reductions, and provide what if scenarios for possible future decreases (revenue shortfalls of 5%, 10% and 15%). Adjournment Martin closed the meeting at 6:57 p.m. _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 June 16, 2020 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 16, 2020 3 4 The City Council of Medina, Minnesota met in regular session on June 16, 2020 at 7:00 5 p.m. virtually. Mayor Martin presided. 6 7 Martin explained that this meeting is being held virtually because of the continued 8 pandemic and provided directions on how the public can participate in the meeting. 9 10 I. ROLL CALL 11 12 Members present: Albers, Anderson, DesLauriers, Martin, and Pederson. 13 14 Members absent: None. 15 16 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 17 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 18 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 19 Chief of Police Jason Nelson. 20 21 II. CALL TO ORDER AND MOMENT OF SILENCE 22 23 Martin asked for a moment of silence to mourn the loss of George Floyd to reflect on the 24 injustice that caused his death and to hope that we can work together to rid our 25 community, our state and our nation of racism. 26 27 After the moment of silence, Martin recognized that everyone present believed that the 28 death of George Floyd, at the hands of Minneapolis Police Officers, should not happen 29 in America, and stated that the brutality of that act, and the culture that permitted it to 30 happen, will not be and is not tolerated at the City of Medina. 31 32 Martin urged everyone do his or her part to counter bias and racism in our community, to 33 look inward at our own biases and to listen to the experiences of those who have 34 experienced racial injustice and to experts on how we can raise our children to 35 understand but not tolerate racism. 36 37 Martin reported that the persons who work at Medina city hall, and in Medina’s public 38 works and police departments, are committed to and have collectively reflected on ways 39 to eradicate racism, recognize implicit bias, and review policies and practices to remove 40 any institutional racism where policies may work better for white people than people of 41 color. She noted that she, City Staff and Police Chief Jason Nelson have received many 42 inquiries regarding policing policies in Medina, and she invited Chief Nelson to speak on 43 that topic. 44 45 Nelson reported that he has been contacted by members of the public, City staff and the 46 Council about the Police Department and how it operates. He stated that it is the 47 mission of the department to serve the community with honesty, integrity, and dignity. 48 He stated that they pride themselves on being professional and transparent. He advised 49 that he drafted a press release that was included in the Council packet and will be 50 posted on the City website and social media site. He stated that the Medina Police 51 Medina City Council Meeting Minutes 2 June 16, 2020 Department does not use chokeholds or strangleholds. He provided information on the 1 training and licensing mandate that began in July 2018, noting that the department has 2 gone above and beyond to meet those mandates. He stated that the Medina Police 3 Department has a policy that requires a warning to be issued before attempting to use 4 deadly force and requires all other techniques to be used prior to attempting to use 5 deadly force. He provided background information on the continued use of force training 6 completed by Medina Police Officers. He stated that Officers also have the duty to 7 intervene if they see a situation where excessive force is being used. He provided 8 details on the use of force scale and noted that the intent is to use the least amount of 9 force. He welcomed calls or emails from any residents with questions. 10 11 Pederson thanked Nelson for doing an excellent job of describing the policies. 12 13 Martin thanked Nelson and commended him for all the great work he has done in the 14 past few months since taking the position of Public Safety Director. 15 16 III. PLEDGE OF ALLEGIANCE (7:24 p.m.) 17 18 IV. ADDITIONS TO THE AGENDA (7:25 p.m.) 19 The agenda was approved as presented. 20 21 V. APPROVAL OF MINUTES (7:25 p.m.) 22 23 A. Approval of the June 2, 2020 Regular City Council Meeting Minutes 24 Martin stated that she provided proposed corrections that were distributed prior to the 25 meeting for incorporation. 26 27 Moved by Martin, seconded by Pederson, to approve the June 2, 2020 regular City 28 Council meeting minutes as amended. 29 30 A roll call vote was performed: 31 32 Pederson aye 33 Anderson aye 34 DesLauriers aye 35 Albers aye 36 Martin aye 37 38 Motion passed unanimously. 39 40 VI. CONSENT AGENDA (7:26 p.m.) 41 42 A. Approve COVID-19 Preparedness Plan for City of Medina 43 B. Approve WSB Proposal for Design Work at Hunter Lions Park 44 C. Resolution No. 2020-32 Granting Preliminary Approval to the Estate of 45 Robert Roehl for the Roehl Heights Plat 46 Anderson referenced the health questionnaire and hoped that it would be used for the 47 election workers. 48 49 Moved by Pederson, seconded by Martin, to approve the consent agenda. 50 51 Medina City Council Meeting Minutes 3 June 16, 2020 A roll call vote was performed: 1 2 Pederson aye 3 Anderson aye 4 DesLauriers aye 5 Albers aye 6 Martin aye 7 8 Motion passed unanimously. 9 10 VI. COMMENTS (7:29 p.m.) 11 12 A. Comments from Citizens on Items not on the Agenda 13 There were none. 14 15 B. Park Commission 16 Scherer reported that the Park Commission will meet the following night to discuss the 17 five-year Capital Improvement Plan. The Park Commissioners have each been 18 assigned specific parks and trails to review and update the inventory. He stated that the 19 Commission will also discuss the 2020 park goals, noting that some of the projects are 20 underway. He stated that the parks are looking great, getting a lot of use, and baseball 21 has begun. 22 23 DesLauriers stated that he noticed that there were three to five signs that were in the 24 parks but not sanctioned by the City and noted that perhaps staff could be on the look 25 out for those signs. 26 27 C. Planning Commission 28 Planning Commissioner Reid reported that the Commission met the previous week to 29 discuss building materials allowed for rehabilitation on buildings within the commercial, 30 industrial, and business districts. She reported that ultimately the Commission 31 recommended that engineered wood and fiber cement panels be added to the list of 32 allowed materials for rehabilitation of existing buildings within the commercial, industrial, 33 and business districts. 34 35 VII. NEW BUSINESS 36 37 A. OSI – Cavanaughs Meadowwoods Park 3rd Addition – Final Plat (7:37 p.m.) 38 Finke stated that the purpose of the final plat review is to ensure that the plat submitted 39 is consistent with the preliminary plat, previously approved by the Council, and that the 40 conditions within that preliminary approval have been met. He reported that the 41 proposed plat is essentially the same as the preliminary plat with the exception of the 42 right-of-way at the northeast corner of the site, which will be provided in the future 43 through an agreement with the property owner rather than through the plat. He advised 44 that the condition for that agreement is included in the development agreement. He 45 noted that many of the conditions within the preliminary plat carry through as conditions 46 in the development agreement. He stated that staff recommends approval. 47 48 Martin reported that she had reviewed the development agreement and found it 49 satisfactory. 50 Medina City Council Meeting Minutes 4 June 16, 2020 Pederson stated that his only question was related to the right-of-way and if staff and 1 Martin are comfortable with the agreement, he is satisfied. 2 3 1. Resolution No. 2020-33 Granting Final Approval of the Cavanaughs 4 Meadowwoods Park Third Addition Plat 5 Moved by DesLauriers, seconded by Pederson, to adopt Resolution No. 2020-33 6 granting final approval of the Cavanaughs Meadowwoods Park Third Addition Plat. 7 8 A roll call vote was performed: 9 10 Pederson aye 11 Anderson aye 12 DesLauriers aye 13 Albers aye 14 Martin aye 15 16 Motion passed unanimously. 17 18 B. Hackamore Road Improvement Project (7:45 p.m.) 19 Stremel identified the project corridor between the cities of Medina and Corcoran. He 20 stated that the intent was to develop a cohesive plan to guide the improvements in the 21 corridor and to plan for future development. He stated that staff has been working 22 closely with both cities and through public and stakeholder engagement in order to 23 develop the 30 percent plans. He reviewed the stakeholder process and public 24 engagement process that was completed, noting that alternative measures were used to 25 gather input because of the pandemic. He stated that there was a focus on turning 26 movements in this study. He stated that there are two options at this time and described 27 the main differences between the options. He stated that staff would not be proposing 28 assessments to the residential properties along the corridor. He stated that there have 29 been meetings about every two weeks with staff from both cities and staff recommends 30 proceeding to 75 percent plans on Option 2. He described the additional details that 31 would be defined in the process. He noted that Corcoran City Council reviewed the 32 plans at their meeting the previous Thursday but stated that he would like the input from 33 the Council before providing that recap. He reviewed the timeline for the next steps and 34 asked for input from the Council. 35 36 Martin stated that she would like to hear the response from Corcoran before 37 commenting. 38 39 Stremel stated that Corcoran recommended proceeding with Option 1 for phase one. 40 He explained that they felt that the wider road may provide additional safety for 41 pedestrians and cyclists. He stated that Corcoran was fine with Option 2 for phases two 42 and three. He noted that Corcoran wanted to provide flexibility and the extra width on 43 the east side. He commented that the additional cost for Option 1 on phase one was not 44 enough to sway their decision. 45 46 Martin asked if Corcoran expects much of its cost to be covered by development on the 47 north side of Hackamore. 48 49 Stremel stated that is certainly a possibility with two large development proposals on that 50 side. 51 Medina City Council Meeting Minutes 5 June 16, 2020 1 Anderson asked if there was any discussion related to the split and what that could be 2 between the two cities. 3 4 Stremel replied that there was not specific discussion about the cost split. He stated that 5 there was some discussion as to whether the trail would be on the north side and some 6 felt that there would be additional benefit to Corcoran residents to have the trail on the 7 north side. 8 9 DesLauriers asked the cost to go from 30 percent to 75 percent design plan. 10 11 Stremel commented that he believed the total cost for 75 percent design was $117,000 12 with about $60,000 of that spent so far to get to 30 percent design. 13 14 Martin stated that Medina is attempting to be mindful of costs that may not need to occur 15 in the case that there are income shortfalls ahead. 16 17 DesLauriers asked if this is a cost that needs to be incurred in 2020. 18 19 Martin asked of the shelf life of the design. 20 21 Anderson agreed that would be an important figure. He stated that during the 22 worksession the Council tasked staff to look for ways to save funds in budgeting and he 23 cannot in good conscious say that Medina would move forward without knowing the 24 cost-share arrangement between the two cities. 25 26 Scherer stated that Medina budgeted $100,000 for the planning purposes in 2020. He 27 stated that as the study moves forward the cost is split with the City of Corcoran, but the 28 actual project funds allocated in 2021 would not be close to the amount the project 29 would cost. 30 31 Stremel provided an update on the funding that was allocated and spent thus far and the 32 funds that remain. He confirmed that the total of $117,000 was the total amount to be 33 split between the two cities. 34 35 Martin commented that if this moves forward to 75 percent design it would then appear 36 that Medina would have covered $58,500 of the design costs, which would be well under 37 the $100,000 the City budgeted. 38 39 DesLauriers asked if the intent of the $100,000 was to get to 100 percent design. 40 41 Scherer stated that may have been the thinking at the time. He noted that the project 42 expanded since the original planning. 43 44 Finke stated that the CIP was set in December and the City was unsure how the 45 planning would move forward. He confirmed that there are available funds to move past 46 the 75 percent design. He stated that with everything going on in Corcoran he would 47 see benefit in continuing the design. He explained that Corcoran would require right-of-48 way from adjacent developers and would have the opportunity for the adjacent 49 developers to accommodate stormwater from this project, which would be a benefit for 50 Medina City Council Meeting Minutes 6 June 16, 2020 both communities. He stated that having more information will help to guide the cost 1 split between the communities. 2 3 Martin agreed that, in light of what is occurring in Corcoran, it helps Medina to be at the 4 table in the planning stages. She stated that it sounds like there are sufficient funds in 5 the budget to proceed to 75 percent plans. She stated that the decision on whether to 6 continue with planning would be dependent upon the shelf life of the plans. 7 8 Stremel stated that there is quite a bit of longevity for the plans, as the traffic study looks 9 out 20 years. He noted that there may need to be some adjustments dependent upon 10 the final access points for adjacent development. He stated that the item of greatest 11 benefit is the ability to work with adjacent developments on items that could be shared 12 with those developments. He stated that getting to the 75 percent design would assist in 13 being able to work with adjacent developments as they come forward to secure right-of-14 way and additional cost saving elements, such as stormwater ponding. He noted that 15 those cost savings would more than cover the cost of getting to 75 percent design. 16 17 Pederson stated that he understands this is an MSA eligible road but noted that he does 18 not understand MSA funding and asked how the County would come into the equation at 19 the County roads. 20 21 Stremel replied that he is unsure of the annual amount of MSA funding the City receives 22 each year. He stated that they would look forward to cost sharing opportunities with 23 those stakeholders. He noted that staff would send letters to begin those discussions in 24 July. 25 26 Scherer stated that he is unsure of the dollar amount for MSA funding. 27 28 Barnhart stated that the City will most likely be draining most of the MSA funds for the 29 Brockton Road improvements. She stated that it is contemplated to not allow borrowing 30 ahead on MSA funds because of an anticipated shortfall from cities requesting to draw 31 ahead. She noted that the City receives a couple hundred thousand dollars per year for 32 MSA funds. 33 34 Pederson asked when the City is allotted additional MSA funds. 35 36 Barnhart replied that allocations are provided in January of each year. She confirmed 37 that the available funds will be used this year for Brockton Road improvements. She 38 reported that the City’s 2019 allotment was $269,000. She provided additional details on 39 how the City could choose to fund its portion of the cost for an improvement. 40 41 Pederson commented that the most important element for him would be funding, 42 ensuring that the County will be a participant and that MSA funds would be available. 43 44 Barnhart stated that staff agrees. She noted that part of the importance of the design 45 phases and project phases is to help guide the funding that would be available. 46 47 Stremel stated that the City can combine an MSA project with a 429 special assessment 48 process. He noted that the assessment would come first with the MSA supplementing 49 the City’s portion of the cost. 50 51 Medina City Council Meeting Minutes 7 June 16, 2020 Martin recognized the importance of funding but noted that the question is whether the 1 Council is comfortable moving forward with the next step of plan development. She 2 noted that it has been stated that the plans would have a shelf life that could outlive the 3 current recession. She stated that she is comfortable moving ahead on the plans 4 because it is important for the City to be involved with the project’s planning, given the 5 development being proposed in Corcoran. 6 7 Pederson agreed that this would be a good planning tool. He stated that as long as staff 8 is thinking along the same lines in terms of funding, he would support moving forward on 9 the plan development. 10 11 Anderson stated that while he completely agrees with the premise that Medina should be 12 at the table, it is likely that Corcoran would like to move forward more quickly than 13 Medina. He believed that would put Medina in an awkward position and is unsure that 14 the monies spent on the plans would have been well spent at that time. 15 16 Albers commented that it would be prudent to move ahead with the planning. 17 18 DesLauriers stated that he agrees with Anderson. He recognized the possible budget 19 shortfall that was discussed earlier tonight, noting that these funds would help to make 20 up that shortfall. He stated that he would also be uncomfortable with an unknown cost 21 share on the project. 22 23 Anderson stated that he would think Corcoran would want to move ahead more quickly. 24 25 Stremel stated that it was commented that Corcoran would want to move forward on 26 phase one in 2021. He noted that there is a possibility that some interim improvements 27 could be completed along with development. 28 29 Martin stated that it appears the majority of the Council would like to move forward with 30 the planning process. 31 32 Finke provided input on how knowing the design details will help to guide conversations 33 with future developers. 34 35 Martin asked the Council for input on Option 1 versus Option 2. She noted that she was 36 inclined to support Option 2 for the purposes of cost and design. She stated that she 37 does see how Option 1 could be of interest for Corcoran. 38 39 Stremel clarified that Corcoran supports Option 1 for phase one and Option 2 for the 40 remaining phases. 41 42 Albers asked if Medina would want to align with Corcoran on Option 1 for phase one and 43 Option 2 for the remaining phases. 44 45 Finke stated that staff had a fair amount of discussion following the Corcoran meeting. 46 He noted that the interest of Corcoran was more for bicycle safety rather than the inside 47 turn lane and therefore staff feels that perhaps a bicycle lane could be added to the plan 48 that would appease Corcoran. He stated that the Council could state a preference for 49 Option 2 with the intent to add width for bicycle safety. 50 51 Medina City Council Meeting Minutes 8 June 16, 2020 Stremel provided input on how a bicycle lane could be added on the north and south. 1 2 Johnson stated that it would seem the Council is comfortable proceeding with the design 3 based on Option 2 with the addition of the bike lane. 4 5 Martin confirmed the consensus of the Council with that direction to direct staff to move 6 forward with planning under that guidance. 7 8 Moved by Albers, seconded by Pederson, to direct staff to proceed with design of the 9 Hackamore Road Improvement project to a 75 percent level based upon Option 2 with 10 the flexibility discussed by the Council. 11 12 A roll call vote was performed: 13 14 Pederson aye 15 Anderson nay 16 DesLauriers nay 17 Albers aye 18 Martin aye 19 20 Motion passed with a vote of 3 - 2. 21 22 IX. CITY ADMINISTRATOR REPORT (8:59 p.m.) 23 Johnson stated that the legislature is discussing the allocation of CARES Act funds that 24 will be made to cities for COVID-19 relief. He noted that he will forward on information 25 as it arises. 26 27 X. MAYOR & CITY COUNCIL REPORTS (9:00 p.m.) 28 Pederson asked if the next meeting would be held virtually. 29 30 Martin stated that was discussed about nine or ten days ago. She asked the City 31 Attorney to provide input. 32 33 Batty confirmed that discussion took place and provided information on the legal 34 framework that allows virtual meetings. He noted that the State declaration of 35 emergency was extended through July. He stated that some cities never went to virtual 36 meetings, some cities went to a half step allowing the Council to meet in person and 37 others participate virtually, and some have been holding meeting completely virtually. 38 He commented that it would be difficult to safely have Council, staff and the public 39 present given the size of the Medina Council Chambers. He stated that the decision 40 would be up to the City as to whether it would like to hold a meeting in a different 41 manner outside of virtual meetings. He asked if the City or Council have heard any 42 complaints about the virtual meetings. 43 44 Pederson stated that in order to protect staff at City Hall, it would make sense to 45 continue to hold virtual meetings. He stated that he has not received any complaints. 46 47 Batty stated that he sees three legs to the stool: the State emergency order, the local 48 emergency order, and the pandemic. He stated that all three of those would have to go 49 away before the Council would be forced to return to in person meetings. 50 51 Medina City Council Meeting Minutes 9 June 16, 2020 Anderson agreed that the safety of everyone must come first and therefore he would 1 agree to continuing to meet virtually. 2 3 DesLauriers stated that while he prefers in person meetings, he also agrees that waiting 4 another four to eight weeks would be the right thing to do. 5 6 Albers stated that Minnesota is getting into phase three of reopening the State and he 7 would like to return to in person meetings as soon as they can. 8 9 Martin commended everyone for the cooperative efforts. She commented that the 10 Council and staff have been fortunate that no one among them has fallen ill. She stated 11 that it only takes one or two exposures for a group meeting regularly to become infected 12 and therefore she would like to continue virtually. She stated that this situation can 13 continue to be monitored as things move forward. 14 15 XI. APPROVAL TO PAY THE BILLS (9:10 p.m.) 16 Moved by Anderson, seconded by DesLauriers, to approve the bills, EFT 005541E-17 005559E for $116,252.49, order check numbers 050296-050345 for $237,367.48, and 18 payroll EFT 0510287-0510319 for $56,441.07. 19 20 A roll call vote was performed: 21 22 Pederson aye 23 Anderson aye 24 DesLauriers aye 25 Albers aye 26 Martin aye 27 28 Motion passed unanimously. 29 30 XII. CLOSED SESSION: POLICE UNION CONTRACT – PURSUANT TO MINN. 31 STAT. 13D.03 32 Moved by Anderson, seconded by Pederson, to adjourn the meeting to closed session at 33 9:12 p.m. to discuss the Police Union Contract pursuant to Minn. Stat. 13D.03. 34 35 A roll call vote was performed: 36 37 Pederson aye 38 Anderson aye 39 DesLauriers aye 40 Albers aye 41 Martin aye 42 43 Motion passed unanimously. 44 45 The meeting returned to open session at 10:08 p.m. 46 47 XIII. ADJOURN 48 Moved by Anderson, seconded by DesLauriers, to adjourn the meeting at 10:09 p.m. 49 Motion passed unanimously. 50 51 Medina City Council Meeting Minutes 10 June 16, 2020 1 2 __________________________________ 3 Kathleen Martin, Mayor 4 Attest: 5 6 ____________________________________ 7 Jodi Gallup, City Clerk 8 Resolution No. 2020- July 7, 2020 Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020- APPOINTING ELECTION JUDGES FOR THE AUGUST 11, 2020 PRIMARY ELECTION AND THE NOVEMBER 3, 2020 GENERAL ELECTION WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election; and WHEREAS, the individuals named on Exhibit A, and on file in the office of the City Clerk have submitted an application to be election judges for the August 11, 2020 Primary Election and the November 3, 2020 General Election; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that the individuals named on Exhibit A be approved as election judges for August 11, 2020 Primary Election and the November 3, 2020 General Election. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. BE IT FURTHER RESOLVED that those election judges who attend trainings and/or serve on Election Day be paid a wage of $13.00 per hour with no benefits. Dated: July 7, 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. Agenda Item # 5A Resolution No. 2020- July 7, 2020 2 Exhibit A ELECTION JUDGES FOR THE AUGUST 11, 2020 PRIMARY ELECTION AND THE NOVEMBER 3, 2020 GENERAL ELECTION Jodi Gallup, Election Coordinator Erin Barnhart, Asst. Election Coordinator Nicole Jacobson, Election Staff Jennifer Altendorf, Election Staff Nichole Vogel, Election Assistant/Head Election Judge Beth Nielsen, Head Election Judge Angela Bernhardt Judith Bohn Kathryn Carlson Phyllis Cavanaugh Linda Crawford Paul DeJute Valerie Donahue Bonnie Dowsett Cynthia Dyste Karen Evans Beverly Fry Margaret Garberick Gary Gravier Elizabeth Koehler Carolyn Leach-Gravier Steve Lee Farhia Mahamed Betty Olson Robin Reid Sharon Ressler Terry Richmond Katie Schmidt Marie Schutte Ann Thies Laurie Twiehaus Ron VanBuren Resolution No. 2020- July 7, 2020 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020- RESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTION JUDGES FOR THE AUGUST 11, 2020 PRIMARY ELECTION AND THE NOVEMBER 3, 2020 GENERAL ELECTION WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the Medina City Council that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as the City of Medina Absentee Ballot Board Election Judges for the August 11, 2020 Primary Election and the November 3, 2020 General Election; and BE IT FURTHER RESOLVED the Medina City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Medina Absentee Ballot Board; and BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. BE IT FURTHER RESOLVED that those election judges who serve on the absentee ballot board be paid a wage of $13.00 per hour with no benefits. Dated: July 7, 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. Agenda Item # 5B Resolution No. 2020- July 7, 2020 2 Exhibit A ABSENTEE BALLOT BOARD ELECTION JUDGES FOR THE AUGUST 11, 2020 PRIMARY ELECTION AND THE NOVEMBER 3, 2020 GENERAL ELECTION Jodi Gallup, Election Coordinator Erin Barnhart, Asst. Election Coordinator Nicole Jacobson, Election Staff Jennifer Altendorf, Election Staff Nichole Vogel, Election Assistant/Head Election Judge Beth Nielsen, Head Election Judge Angela Bernhardt Judith Bohn Kathryn Carlson Phyllis Cavanaugh Linda Crawford Paul DeJute Valerie Donahue Bonnie Dowsett Cynthia Dyste Karen Evans Beverly Fry Margaret Garberick Gary Gravier Elizabeth Koehler Carolyn Leach-Gravier Steve Lee Farhia Mahamed Betty Olson Robin Reid Sharon Ressler Terry Richmond Katie Schmidt Marie Schutte Ann Thies Laurie Twiehaus Ron VanBuren Agenda Item # 5C Ordinance No. ___ July 7, 2020 CITY OF MEDINA ORDINANCE NO. An Ordinance Amending Section 512 of the Code of Ordinances Regarding Surface Use of Lake Independence The city council of the city of Medina ordains as follows: SECTION I: Section 512 of the code of ordinances is amended by adding the underlined material and deleting the stricken material as follows: Section 512.01. Authority to regulate water surface use. Pursuant to Minnesota Statutes, sections 459.20, 471.59 and 86B.205, Medina has entered into a joint powers agreement with the city of Independence for the purpose of regulating the surface use of the body of water known as Lake Independence. This ordinance shall be effective after adoption and publication of this ordinance and after adoption of a similar ordinance by Independence. This ordinance shall remain in effect until repealed or until the joint powers agreement is terminated. Section 512.03. Definitions. Subd. 1. The terms used in this ordinance related to boating, including “slow no-wake,” shall have the meanings given to them in Minnesota Statutes, section 86B.005. Subd. 2. “Lake Independence” means that body of water located in section 24, township 118, range 24, Hennepin County, Minnesota and designated by the Minnesota department of natural resources as lake #27-176. Section 512.05. Slow no-wake zone on Lake Independence. Subd. 1. Slow no-wake at high water level. Whenever the waters of Lake Independence reach or exceed 957.8 958.2 feet above sea level for a period of three consecutive days, as measured by the water level gauge set by the Minnesota department of natural resources on Lake Independence, the city administrator or designee, upon notifying the Hennepin county sheriff, shall establish a slow no-wake zone on those portions of the lake within Medina. No person shall operate a water craft, including aircraft except during landings and take-offs, in excess of slow no-wake speed on the entire lake when the high water slow no-wake restrictions are in effect. Both the implementation and removal of these restrictions must be done in coordination with action by the city of Independence. Subd. 2. Effective date of no-wake regulation. A slow no-wake restriction shall become effective upon the date specified by the city administrator and shall remain in effect until the water level for the lake has receded below 957.8 958.2 feet above sea level for at least three consecutive days. Section 512.07. Notification. The city administrator shall notify the public of both the implementation and removal of the no-wake restriction by publishing a notice in the city’s official newspaper, posting the restriction at all public lake access points within the city prior to Ordinance No. ___ July 7, 2020 2 and during the time the restriction is in place, posting the restriction at city hall, and by such other means as the city administrator determines to be reasonable. Section 512.09. Exemption. Enforcement, resource management and emergency personnel, while in the performance of their official duties, are exempt from the provisions of this ordinance. Section 512.11. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a maximum fine or a maximum period of imprisonment, or both, as specified by Minnesota Statutes, section 609.03. Section 512.13. Enforcement. The Hennepin county sheriff’s department and special deputies appointed and sworn by the sheriff have primary responsibility for enforcing the provisions of this ordinance, but nothing herein shall preclude other licensed peace officers from enforcing this ordinance. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this ____ day of _____, 2020. ____________________________ Kathy Martin, Mayor ATTEST: ____________________________ Jodi M. Gallup, City Clerk Published in the South Crow River News this ___ day of ______, 2020. Resolution No. 2020- July 7, 2020 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 Section 512 of the code of ordinances regarding surface use of Lake Independence; 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 two pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city 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 Section 512 of the code of ordinances regarding surface use of Lake Independence. The ordinance raises the slow no-wake high water level trigger on Lake Independence from 957.8 to 958.2 feet above seas level for a period of three consecutive days. 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. Dated: July 7, 2020. ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________ Jodi M. Gallup, City Clerk Agenda Item # 5D Resolution No. 2020- 2 July 7, 2020 The motion for the adoption of the foregoing resolution was duly seconded by member ____ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Planning Commission Page 1 of 1 July 7, 2020 Appointment City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: July 1, 2020 MEETING: July 7, 2020 City Council SUBJ: Planning Commission Appointment Background Following the resignation of Aaron Amic from the Planning Commission upon his move, there is currently a vacancy on the Planning Commission with a term through the end of the year. Staff advertised the vacancy in the newsletter and City Council meeting notification email. The City received five applications. One applicant did not meet the minimum two-year residency requirement in City Code. The applicants were Theresa Couri, Tom Fox, Stacy Ladwig, Charles Morse, and Tim Sedabres. The cover letters of the applicants are available upon request. Planning Commission Chair Robin Reid, City Council Member Todd Albers, and I reviewed the applications and interviewed three applicants. Following the interviews, the panel decided to recommend that the City Council appoint Theresa Couri to the Commission. Potential Action Motion to appoint Theresa Couri to the Planning Commission, with a term extending through December 31, 2020. Agenda Item # 5E Ordinance Amendment Page 1 of 4 July 7, 2020 Commercial Building Materials City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: June 30, 2020 MEETING: July 7, 2020 City Council SUBJ: Ordinance Amendment – Building Materials Background Current City regulations allow a limited amount (20%) of metal, wood, and fiber cement (James Hardie being a common supplier) as accent materials on the exterior to buildings in the commercial and business zoning districts. Primary building materials are required to be decorative concrete, brick, stone, stucco, and glass. In 2018, the City amended the Commercial exterior building materials to allow fiber cement panels (not lap siding) to be used at higher percentages when repairing an existing masonry building which is having leaking or water intrusion issues. This exemption only applied to 5/8” thick commercial-grade fiber cement siding. New buildings would still be limited to 20% fiber cement siding because the exemption only applied to rehabilitating an existing building with water issues. This change was made in response to a request from Maxxon, an existing business in Medina. Recently, staff has been contacted by another business owner who is also having water issues in their building. The owner has requested the use of LP or metal siding and has indicated that the fiber cement panels are cost prohibitive. LP siding is an engineered wood material which has become very common in residential uses. It is also being used in multifamily and commercial settings. Information is available here: https://lpcorp.com/products/exterior/siding-trim Back in 2018, the owner requesting the previous change had submitted information for Nichiha 5/8” fiber cement architectural panels. This information can be found at: https://www.nichiha.com/products/architectural-wall-panels The property owner has indicated that metal siding has also come a long way in use on commercial buildings and is more durable than most choices and can also be aesthetically pleasing. The property owner specifically noted Edco https://www.edcoproducts.com/ While staff believes metal siding would provide a durable alternative, staff’s impression is that metal may not be consistent with the purpose of the City’s architectural requirements. Staff seeks feedback from the Council. Staff seeks direction on adding engineered wood as a cost-effective material for businesses to rehab buildings. Staff conferred with the Building Official, who replied that they believe engineered wood is a good material, and that their experience is that there are fewer installation failures than with fiber cement. Agenda Item # 7A Ordinance Amendment Page 2 of 4 July 7, 2020 Commercial Building Materials City Council Meeting Proposed Amendment The attached ordinance would add engineered wood as an allowed material for rehabbing existing buildings. The result would be that fiber cement panels (5/8” or greater) and engineered wood would be options for rehabilitating existing buildings. Following is the proposed language: (d) Rehabilitation of existing masonry buildings. Notwithstanding anything herein to the contrary, the materials described below are permitted exterior material when installed to rehabilitate an existing masonry building, subject to the following: (i) Additional materials allowed: (1) Engineered wood panels (not lap siding) (2) Fiber cement architectural wall panels with a minimum 5/8” thickness (ii) Materials shall be colored during production rather than painted after production. (iii) Materials shall be installed with proper drainage and ventilation. (iv) If the aggregate of wood, engineered wood, metal, and fiber cement exceeds 50 percent of the building exterior, a minimum of 30 percent of the exterior shall be brick, natural stone, stucco, copper, or glass. The current exception for fiber cement architectural panels is limited specifically to rehabilitate existing masonry buildings which are shown to have water intrusion issues, and then only if the property owner can show that the structure could not support being re-clad with stucco or masonry. The Planning Commission supported opening the exception to allow fiber cement or engineered wood for any rehabilitation of existing buildings. The Commission wanted to support a property owner who may want to rehab for aesthetic or other reasons as well. Discussion Items Expand flexibility to other districts The proposed ordinance would add the same flexibility to the Business and Industrial districts. Currently the allowance is only within the Commercial districts because that is the district which the previous property owner had requested. The owner currently requesting LP or metal siding is also in a Commercial district, so expanding the exemption is not necessary for them. However, staff believes it is appropriate to add to other districts if permitted in the Commercial districts. The Planning Commission supported allowing these materials for rehabilitating buildings in the Business and Industrial districts as well, which is included within the attached ordinance. Allow for existing buildings without water issues The currently regulations only allow fiber cement panels if the building is having water intrusion issues. The Planning Commission recommended allowing more broadly in rehabilitation, including for aesthetic upgrades. Another alternative would be to increase the allowance in new buildings as well. The Planning Commission discussed briefly and decided to not recommend adding materials to the list allowed Ordinance Amendment Page 3 of 4 July 7, 2020 Commercial Building Materials City Council Meeting for new construction at this time. Commissioners indicated that this could be a broader discussion for another time. Only allow if other materials cannot be used The current regulations only permit the use of 5/8” fiber cement architectural panels if there are water issues AND if the existing structure cannot support cladding with another conforming material. When adopted in 2018, the property owner requesting the change had looked at cladding the building with stucco or stone, but the weight of doing so would not have been possible without substantial structural updates. The change to code that they requested limited the use of fiber cement only if other allowed materials could not be supported by the structure. Staff believes it is appropriate to provide flexibility for rehab even if another material could physically work. Providing more options can help the property owner find a cost-effective solution. The Planning Commission supported allowing fiber cement or engineered wood even when other materials would be structurally possible, and the language in the attached ordinance would allow this flexibility. Require panels rather than lap siding Current regulations allow only the expanded use of fiber cement architectural panels. Fiber cement lap siding is only allowed up to 20% of the exterior. Staff’s impression is that limitation was based upon a preference for the architectural options which are available in commercial- grade fiber cement. The fiber cement panels that exist in the market can mimic other materials and have many architectural options. Engineered wood currently has fewer options in terms of architectural finishes. Horizontal lap siding is the most common application, especially in residential setting, but larger panels which have more of a vertical profile (shiplap and others) are available. The Planning Commission did not support expanding the exception to lap siding for either fiber cement or engineered wood. As drafted, only panels of these materials could be utilized. Expand allowance for metal exteriors The Council can also discuss whether there is interest in expanding the allowance for metal exteriors. There are many different examples and suppliers of metal exterior materials. There are many options in terms of architectural look, warranty, etc. If there is interest in allowing metal, conditions can be provided in terms of warranty, certain designs, and the like. The Planning Commission did not support expanding the use of metal siding. Ordinance Amendment Page 4 of 4 July 7, 2020 Commercial Building Materials City Council Meeting Potential Action The Planning Commission should hold a public hearing on the proposed ordinance amendment. After the Council has completed its 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 to publish by title and summary 3. Excerpt from draft 6/9/2020 Planning Commission minutes Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING BUILDING MATERIALS IN COMMERCIAL, INDUSTRIAL, AND BUSINESS DISTRICTS; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 838.5.02 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: SECTION 838.5 – DESIGN AND DEVELOPMENT STANDARDS FOR ALL COMMERCIAL DISTRICTS Section 838.5.02. Building Materials and Design. Subd. 1. Building Materials. All exterior building materials shall be durable and meet the following standards: (a) A minimum of 30 percent of the building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System or similar product), copper, or glass. (b) A maximum of 70 percent may be decorative concrete, split face (rock face) decorative block, and/or decorative pre-cast concrete panels. Decorative concrete shall be color impregnated in earth tones (rather than painted) and shall be patterned to create a high-quality terrazzo, brick, stucco, or travertine appearance. (c) A maximum of 20 percent may be wood, engineered wood, metal (excluding copper), or fiber cement lap siding, if used as accent materials which are integrated into the overall building design. (d) Rehabilitation of existing masonry buildings. Notwithstanding anything herein to the contrary, the materials described below are permitted exterior material when installed to rehabilitate an existing masonry building, subject to the following: (i) Additional materials allowed: (1) Engineered wood panels (not lap siding) (2) Fiber cement architectural wall panels with a minimum 5/8” thickness (ii) Materials shall be colored during production rather than painted after production. (iii) Materials shall be installed with proper drainage and ventilation. (iv) If the aggregate of wood, engineered wood, metal, and fiber cement exceeds 50 percent of the building exterior, a minimum of 30 percent of the exterior shall be brick, natural stone, stucco, copper, or glass. (d) Notwithstanding anything herein to the contrary, Fiber Cement Architectural Wall Panels with a minimum 5/8” thickness are an approved material in the case of an existing masonry building with water infiltration issues making stucco an unsuitable finish material and which cannot support the additional weight of precast panels, full height masonry, or other approved materials. Panels shall be colored during production rather than painted after production and shall be installed with a hidden fastening system that also serves as a built in drained and back-ventilated Ordinance No. ### 2 DATE rainscreen. If fiber cement architectural wall panels are proposed, a minimum of 30 percent of the building exterior shall be brick, natural stone, stucco, or glass. (1) Subd. 2. Building Modulation. Buildings shall be modulated a minimum of once per 40 feet of building perimeter to avoid long, monotonous building walls. This modulation may include varying building height, building setback, or building materials/design. The portions of building which exceed two stories or 35 feet shall be set back a minimum of six feet from the lower portion of the building. Subd. 3. Building Fenestration and Transparency. Building elevations which face a public street shall include generous window coverage. Alternative architectural elements may be approved by the city when windows are not practical. Subd. 4. Multi-sided Architecture. Any rear or side building elevation which faces a public street, an interior access drive for the development, or a residential zoning district shall include design and architectural elements of a quality generally associated with a front façade. The elevation(s) shall be compatible with the front building elevation. Additional signage shall be permitted for an elevation facing a public street or interior access drive, as regulated within the sign ordinance. Multi-sided architecture shall not be required in situations where the rear or side building elevation is fully screened from view from the adjacent street or residential property. SECTION II. Section 832.3.02 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: SECTION 832.3 – DESIGN AND DEVELOPMENT STANDARDS FOR BUSINESS PARK AND BUSINESS DISTRICTS Section 832.3.02. Building Materials and Design. Subd. 1. Building Materials. All exterior building materials shall be durable and meet the following standards: (a) A minimum of 20 percent of the building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System or similar product), copper, or glass. (b) A maximum of 80 percent may be decorative concrete, split face (rock face) decorative block, and/or decorative pre-cast concrete panels. Decorative concrete shall be color impregnated in earth tones (rather than painted) and shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. (c) A maximum of 20 percent may be wood, engineered wood, metal (excluding copper), fiber cement lap siding or Exterior Insulation and Finish System or similar product, if used as accent materials which are integrated into the overall building design. (d) Rehabilitation of existing masonry buildings. Notwithstanding anything herein to the contrary, the materials described below are permitted exterior material when installed to rehabilitate an existing masonry building, subject to the following: Ordinance No. ### 3 DATE (i) Additional materials allowed: (1) Engineered wood panels (not lap siding) (2) Fiber cement architectural wall panels with a minimum 5/8” thickness (ii) Materials shall be colored during production rather than painted after production. (iii) Materials shall be installed with proper drainage and ventilation. (iv) If the aggregate of wood, engineered wood, metal, and fiber cement exceeds 50 percent of the building exterior, a minimum of 30 percent of the exterior shall be brick, natural stone, stucco, copper, or glass. Subd. 2. Building Modulation. Buildings shall be designed to avoid long, monotonous building walls. Modulation may include varying building height, building setback, or building materials/design. Generally, a particular building elevation shall include a minimum of one element of modulation per 100 feet of horizontal length, or portion thereof. Alternative architectural or site elements and designs may also be approved by the city which achieve the purpose of reducing the visual impact of long building walls. Subd. 3. Building Fenestration and Transparency. Building elevations which face a public street shall include generous window coverage. Alternative architectural elements may be approved by the city when windows are not practical. Subd. 4. Multi-sided Architecture. Any rear or side building elevation which faces a public street or a residential zoning district shall include design and architectural elements of a quality generally associated with a front façade. The elevation(s) shall be compatible with the front building elevation. Additional signage shall be permitted for an elevation facing a public street or interior access drive, as regulated within the sign ordinance. Multi-sided architecture shall not be required in situations where the rear or side building elevation is fully screened from view from the adjacent street or residential property. SECTION III. Section 833.07 Subd. 1(m) 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: (m) Architectural Standards – (i) Purpose – The purpose of this section is to achieve the purposes of the Industrial Park District, to protect and preserve property values, to protect nearby uses, to provide for the general welfare of the City, and to establish reasonable development standards for functional and aesthetic aspects of existing and new buildings and structures. (ii) Building Materials – All exterior building materials shall be durable and non- combustible (except for wood used as an allowed accent material), consisting of one or more of the following: At least 20 percent shall be brick, Ordinance No. ### 4 DATE natural stone, granite, stucco (but not - Exterior Insulation and Finish System (EIFS)), copper or glass. Up to 20 percent may be wood, engineered wood, fiber cement, anodized aluminum or similar metals which may be used as an accent material if appropriately integrated into the overall building design and in the case of wood, not subject to damage caused by heavy use or exposure. When requested, samples of the external materials shall be submitted to the City. Concrete and pre-cast concrete panels may be allowed provided the total of such material does not make up more than 80 percent of the exterior material. (iii) Building Appearance – All buildings and structures and remodeling of either existing or new buildings shall take into account compatibility related to architectural quality and mass of the structure to be constructed. Elements of compatibility include, but are not limited to: building form, mass, height and bulk; fenestration, exterior materials and their appearance, color (compatible and harmonious with the building, other nearby buildings which meet the standards described above and the natural setting in the area) durability, setback, landscaping, exterior lighting, and site improvements. (iv) Building Modulation – The design of buildings shall employ architectural modulation to minimize the apparent scale and dimension of structures. Modulation means harmonious changes or variations of the massing and façade of a structure. Modulation is intended to achieve high quality architecture which is aesthetically pleasing and functional. Modulation may be achieved by variations in the form, mass, bulk, and height of structures and shall be combined with architectural features to achieve a high standard of design. At least the following shall be used as guidelines: (1) Building design should avoid blank walls and large unbroken expanses of walls exposed to the outside. (2) Building design should mitigate the visual impacts of a large building mass through offsets, projections, and recesses in the façade. (3) The appearance of massive roofs should be avoided by variations in the rooflines and height. Dormers, deep eaves, overhangs, and cornices may help create visual interest. (4) Decorative roof elements should be incorporated into other roof or wall elements to avoid looking “tacked on.” (5) Building elevations should be articulated to provide a reasonable amount of visual interest by varying the shape or pattern of windows, building materials, textures, and colors. (v) Screening of Rooftop Equipment – All rooftop equipment shall be designed to minimize undesirable views and forms when viewing rooftops from higher elevations or abutting property. Equipment shall be screened through the use of architectural elements and materials, which are consistent with the design and architecture of the building. Wooden boards Ordinance No. ### 5 DATE or similar material constructed or assembled in a fence-type method or design shall not be used to screen rooftop equipment. Rooftop equipment and screening elements shall not exceed 8 feet in height. (vi) Building Additions – When an addition is proposed to a building that does not meet the Architectural Standards, the addition must meet the standards. A demonstrative effort must be made to the existing portion of the building to bring it closer to compliance, including some mitigation through landscaping around the existing building portion. A building addition does not necessarily have to meet the Architectural Standards as long as the finished building as a whole meets the Standards. (vii) Rehabilitation of existing masonry buildings. Notwithstanding anything herein to the contrary, the materials described below are permitted exterior material when installed to rehabilitate an existing masonry building, subject to the following: (1) Additional materials allowed: (A) Engineered wood panels (not lap siding) (B) Fiber cement architectural wall panels with a minimum 5/8” thickness (2) Materials shall be colored during production rather than painted after production. (3) Materials shall be installed with proper drainage and ventilation. (4) If the aggregate of wood, engineered wood, metal, and fiber cement exceeds 50 percent of the building exterior, a minimum of 30 percent of the exterior shall be brick, natural stone, stucco, copper, or glass. SECTION IV. This ordinance shall become effective upon its adoption and publication. 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 building materials in commercial, industrial and business districts, amending chapter 8 of the city code; 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 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 building materials in commercial, industrial and business districts. The ordinance allows the use of engineered wood panels and fiber cement architectural panels to rehabilitate existing buildings in these districts, subject to certain conditions. 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 6/9/2020 Meeting Minutes 1 Ordinance Amendment – Chapter 8 of the City Code Related to Exterior Building Materials in Commercial and Business Districts Finke provided details on the primary materials allowed within the commercial and business districts along with the accent materials allowed. He stated that the City added an exemption to the material standards within the commercial zoning districts and only in the case of rehabbing existing concrete buildings that are experiencing water issues (leaking through concrete) which was in response to a request from a building owner. He noted that a very specific exemption was made to allow fiber cement architectural panels 5/8 inch or greater only on concrete buildings experiencing water problems. He stated that the City has had recent contact with another property owner experiencing water issues that was hoping to use metal or LP engineered wood siding for the repair work. He stated that the draft ordinance would allow the engineered wood siding but would not allow metal siding. He provided details on both fiber cement panels and the engineered wood panels. He stated that the draft ordinance would add engineered wood in addition to the fiber cement architectural panels to the exemption for the commercial district and business district. He stated that while a certain amount of rehabbing would be allowed with the materials allowed through the exemption, there would be a trigger that would require class one materials to be incorporated if more than 50 percent of the building is being rehabbed. He noted that additional flexibility could be allowed as well, outside of only allowing the flexibility when there are water issues. He noted that the building materials could also be discussed more broadly for new construction if desired as well. Reid opened the public hearing at 7:25 p.m. Finke summarized the comments received via email from a commercial property owner which states that the panelized product would be too expensive for the rehab project and would prefer metal siding to be allowed at a rate of 30 percent. Reid closed the public hearing at 7:27 p.m. Nester commented that she would be fine expanding the fiber cement to other uses within the districts. She stated that she is not a fan of lap siding or the metal siding option. Nielsen stated that she would agree with extended to the other buildings, not just for water issues. She stated that she would be hesitant to increase from 20 percent to 30 percent for the accent materials. Galzki agreed that the flexibility should be expanded to the business and industrial districts. He also believed that the materials should be allowed for new construction. He stated that he does not like lap siding as that has more of a residential look. He stated that he does not see a reason to expand the accent materials to 30 percent and would prefer to keep that ratio at 20 percent. Piper stated that she feels comfortable with the materials, even in the business district. She stated that she would not want to increase the ratio for accent materials above 20 percent. Grajczyk stated that the LP brand engineered wood product would not seem to be the best answer for a building with water problems but noted that there are some better engineered wood products out there. He did not believe that lap siding would be a good material for commercial buildings. He stated that he would support the 30 percent ratio for accent materials. He stated that he agrees with the fiber board and would support expanding that use, along with engineered wood. He referenced the metal materials, noting that some of those products could be identical to some of the examples staff displayed. He noted that the metal materials would have a great lifespan. He noted that Medina Planning Commission Excerpt from DRAFT 6/9/2020 Meeting Minutes 2 architects and engineers have begun to use plastic wall panels and shingle roofing systems as well. He stated that he would support the three materials being discussed tonight for the uses proposed. Reid stated that she would want to make it as easy as possible to encourage rehabilitation but would not want to see the expanded use for new construction. She did not believe the exemption should only be allowed for water intrusion. She stated that she would support expanding the exemption to commercial, business, and industrial. She noted that she does not like the inclusion of metal. She stated that she would like to include the requirement for the materials to all be one color. Piper agreed with that comment. Nielsen stated that while she agrees, she also sees the benefit in allowing colors in the same shade family to enhance modulation. Finke provided additional input, noting that something could be included to limit to neutral earth tones, but noted that could unintentionally prohibit some businesses. Nielsen stated that crafting color limitations could prevent some businesses from coming to Medina and cautioned the Commission to be careful. Reid agreed that it would be difficult to specify color limitations. Grajczyk commented that perhaps something could be added that would allow a builder to come to the Commission with alternate color requests outside of the neutral earth tones. Finke stated that it seemed that there were some members that were interested in opening the fiber cement panels more broadly and not just the case of rehabilitation, and not just for rehabilitation for water intrusion. Reid commented that rehabbing should be encouraged and therefore water intrusion should not be the criteria. She confirmed the consensus of the Commission. She confirmed the consensus of the Commission to not increase the ratio of accent materials (including metal) above 20 percent. Motion by Galzki, to recommend approval of the ordinance amendment related to exterior building materials as follows: 1) that the flexibility be expanded to industrial and business districts, 2) to allow engineered wood for not just water rehabilitation but rehabilitation in general and new construction, 3) to not allow LP siding and limit to architectural panels only, 4) and to not increase the allowance in metal siding from 20 percent to 30 percent. Motion died for lack of second. There was further discussion as to how wood and engineered wood are currently allowed and whether the material should be allowed for new construction. It was the consensus that because wood/engineered wood would be allowed as an accent material, it would not need to be specified as a use for new construction. The Commission attempted to gain clarity on the consensus on the different elements. Motion by Piper, seconded by Galzki, to recommend approval of the ordinance amendment related to exterior building materials in commercial and business districts with the following changes: 1) allow for any rehabilitation, not just water issues, and 2) prohibit lap siding. Medina Planning Commission Excerpt from DRAFT 6/9/2020 Meeting Minutes 3 A roll call vote was performed: Nester aye Nielsen aye Galzki aye Piper aye Grajczyk aye Reid aye Motion carries unanimously. Resolution No. 2020-xx July 7, 2020 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-xx RESOLUTION CALLING FOR PUBLIC HEARING LEVYING SPECIAL ASSESSMENT FOR HICKORY DRIVE STREET & UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to council direction, the city engineer prepared a report regarding the feasibility of improving Hickory Drive north of Hamel Road and the engineer's report was accepted by the council on October 6, 2018; and WHEREAS, following published and mailed notice as required by law, a public hearing was held in the council chambers at city hall on November 7, 2018, after which hearing the city council ordered the city engineer to prepare plans and specifications for the making of said improvement; and WHEREAS, the city council now wishes to establish a time and place for the public hearing on the special assessments to be levied regarding the improvements. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. A public hearing will be held on August 4, 2020 at 7:00 p.m. either virtually due to COVID- 19 or in the council chambers at city hall to consider the proposed assessment. All persons owning property affected by the proposed assessment shall be given an opportunity to be heard at that time. 2. The finance director, with the assistance of the city engineer, is authorized and directed to calculate the amount to be assessed against every assessable parcel of land and to file a copy of said proposed assessment in his office for public inspection. 3. The finance director, city engineer and other staff members are authorized and directed to take any and all actions necessary to bring this matter to the attention of the city council at the time of said hearing and all other actions necessary or convenient to accomplish the Agenda Item # 7B Resolution No. 2020-xx July 7, 2020 purposes and intent of this resolution. Dated: July 7, 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. Resolution No. 2020-xx July 7, 2020 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-xx RESOLUTION CALLING FOR PUBLIC HEARING LEVYING SPECIAL ASSESSMENT FOR BROCKTON LANE STREET & UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to council direction, Bolten & Menk, Inc. prepared a report regarding the feasibility of improving Brockton Lane and the report was accepted by the council on January 19, 2019; and WHEREAS, following published and mailed notice as required by law, a public hearing was held in the council chambers at city hall on February 19, 2019, after which hearing the city council ordered the city engineer to prepare plans and specifications for the making of said improvement; and WHEREAS, a proposed assessment of the cost of the making of public improvements to the infrastructure of the City of Medina by the Improvements of sanitary sewer according to the plans and specifications for such improvements; and WHEREAS, the city council now wishes to establish a time and place for the public hearing on the special assessments to be levied regarding the improvements. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. A public hearing will be held on August 4, 2020 at 7:00 p.m. either virtually due to COVID- 19 or in the council chambers at city hall to consider the proposed assessment. All persons owning property affected by the proposed assessment shall be given an opportunity to be heard at that time. Agenda Item # 7C Resolution No. 2020-xx July 7, 2020 2. The finance director, with the assistance of the city engineer, is authorized and directed to calculate the amount to be assessed against every assessable parcel of land and to file a copy of said proposed assessment in her office for public inspection. 3. The finance director, city engineer and other staff members are authorized and directed to take any and all actions necessary to bring this matter to the attention of the city council at the time of said hearing and all other actions necessary or convenient to accomplish the purposes and intent of this resolution. Dated: July 7, 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. 1 DOCSOPEN\ME230\1A\660568.v1-6/30/20 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: Honorable Mayor and Council Members From: Ron Batty, city attorney Date: June 30, 2020 Re: Conditions allowing a return to in-person meetings Minnesota Statutes, Chapter 13D, the Open Meeting Law, provides that all meetings of public bodies must be open to the public, subject to limited exceptions. One of the rarely used exceptions is section 13D.021, which allows meetings to be conducted partially or wholly by telephone or other electronic means in the event of a health pandemic or an emergency declared under Minnesota Statutes, Chapter 12. On March 11, 2020, the World Health Organization declared the COVID-19 outbreak to be a health pandemic. On March 13, 2020, President Trump declared a national state of emergency as a result of the pandemic. On March 13, 2020, Governor Walz issued Executive Order 20-01, which declared a state of peacetime emergency to address the COVID-19 pandemic in Minnesota. On March 16, 2020, Mayor Kathleen Martin issued Mayoral Declaration No. 2020-1, a declaration of local emergency under the authority granted to mayors in Minnesota Statutes, section 12.29. On March 17, 2020, the city council by resolution extended the mayor’s declaration of local emergency until further action by the city council. On March 16, 2020, Mayor Martin also issued a Statement and Determination Regarding Conducting meetings by Telephone or Other Electronic Means whereby she determined that it was not practical or prudent to hold meetings in person or by interactive television because of the pandemic. Since that date all meetings of the city council and all boards and commissions of the city have been conducted exclusively by telephone. Holding meetings by telephone or other electronic means may occur in one of two ways. Meetings may be held partially by telephone or other electronic means so long as at least one member of the body or the chief administrative officer or the chief legal counsel is physically present at the regular meeting Agenda Item # 8A 2 DOCSOPEN\ME230\1A\660568.v1-6/30/20 location. Members of the public may or may not also be allowed to attend in person. All other members of the body and other members of the public are permitted to attend by telephone. This is not the option Medina chose. The statute also allows meetings to be completely by telephone or other electronic means with no persons physically present if the mayor, city administrator or city attorney determines that in- person attendance at the regular location is not feasible due to the pandemic or emergency. Mayor Martin’s order makes this determination and, accordingly, all meetings since mid-March have been virtual. On June 5, 2020, Governor Walz issued Executive Order-74, the Stay Safe MN order, which replaced the Stay Home order. EO-74 made clear that meetings of governmental bodies are not subject to a stay home requirement but it did repeat several recommendations from EOs -53 and -55. Those previous orders “strongly recommend” that governmental meetings be conducted remotely and that “at risk” persons stay home. Persons considered at risk include those 65 or older or with underlying health conditions. Returning to any form of in-person meetings is only allowable if social distancing can be achieved. Given the small size of the Medina council chambers, that might be a challenge. A return to in-person meetings would also require that the Mayor’s March 16 Statement and Determination be revoked or modified. It should also be remembered that the Mayor’s declaration about electronic meetings applies to all city boards and commissions. If a decision is made that the city council may return to some form of in- person meetings and the mayor’s declaration is modified accordingly, that would apply to other city bodies as well. Also, once that determination is made, the city would not be able to return to electronic meetings without another revision in the mayor’s order, presumably based on a subsequent change in circumstances. The city will be required to return to in-person meetings when all the legal underpinnings of the Mayor’s Statement and Determination are removed. That would include the pandemic and the state and local emergency declarations. The Governor’s state-wide emergency was recently extended until July 13. If the Governor wishes to extend it another 30 days, he will need to call a special session of the legislature and give it the opportunity to decline to extend the emergency. It takes action by both chambers to end the emergency. If and when the Governor’s emergency declaration is no longer in place, the city would need to consider whether there remained any basis for continuing its local emergency. If there were no emergency declaration in place, the only basis for continuing telephone or electronic meetings would be the existence of a health pandemic. There is no definition in state law of a health pandemic and no certainty as to who has the authority to declare one. There would need to be some credible basis to say a health pandemic continued to exist. This is obviously a fluid situation and one which should be monitored. For what it is worth, I will also note that five of the seven cities I represent adopted the all-electronic format of meetings in March with no in-person attendance by anyone. None of those five has retuned to any form of in-person meetings to date. Planning Department Update Page 1 of 2 July 7, 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: July 1, 2020 SUBJ: Planning Department Updates – July 7, 2020 City Council Meeting Land Use Application Review A)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 has conducted a preliminary review and requested additional information. The request will be presented at a public hearing when complete, potentially at the July 14 Planning Commission meeting. B)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. C)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. The City Council granted preliminary plat approval on June 16. Staff will await an application for final plat. D)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 granted final plat approval on June 16. The applicant has begun site work and applied for a building permit. Staff is working with the applicant on the conditions of approval to allow issuance of the permit. E)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. F)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. G)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. H)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 July 7, 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 has prepared a draft of the report and provided it to affected property owners and has had discussions with many of them. Staff is considering adjustments to the report based on these discussions and intends to present to the Council on July 21. B)Hackamore Road Preliminary Design – The City Councils of Corcoran and Medina have both directed WSB to proceed with 75% design. Staff has talked through the comments on the preferred design and is reviewing options related to accommodating bicyclists along the corridor as discussed by the Councils. WSB has also prepared a letter requesting funding from Hennepin County for costs related to the CR101 and CR116 intersections. C)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 presented an ordinance amendment for discussion at the June 9 Planning Commission meeting. The Planning Commission recommended approval of the ordinance, and recommended that the flexibility be expanded for any retrofit, even if the building is not having water issues. Staff intends to present the ordinance at the July 7 meeting. D)City Hall Septic – staff anticipates that Rusty Olson will soon provide a design for the new septic system for City Hall. Staff intends to solicit bids for the construction this fall. E)Planning Commission interviews – Council member Albers, Chair Reid, and I met with applicants to fill the Planning Commission vacancy. The panel will make a recommendation for appointment at the July 7 meeting. TO: City Council FROM: Jason Nelson, Director of Public Safety, Through City Administrator Scott Johnson DATE: July 2, 2020 RE: Department Updates We have opened our front lobby to allow citizens to walk in and report crimes in person and to deal with day-to-day things through our front window. It has been nice to allow the general public back into our department. We are still being mindful of COVID and will continue to do some things online. The police department continues to get an outpouring of support from our community members. Individuals and groups are dropping off cards and goodies for the officers on a weekly basis. While this not necessary it is very much appreciated. On June 18 we conducted interviews of our Community Service Officers for an internal promotion for police officer. Kaylen Boeddeker has been chosen to move forward in the process and will undergo a thorough background by Sergeant Boecker. If she passes the background, then a conditional offer will be given pending the passing of a physiological and physical. I will keep the council updated of the status, but we would like to have the position filled by August 1, 2020. The front office and investigator continue to process an unprecedented number of permits to acquire handgun applications. We are now on pace to have a 100 percent increase from 2019. Officer Hall along with the Hamel Fire Department and North Paramedics assisted in delivering a baby girl. Both mom and baby are doing fine. Patrol: Patrol Updates 06/10/2020 through 06/30/2020 Patrol Activities – Between the dates of June 10, 2020 through June 30, 2020 our officers issued 53 citations and 101 warnings for various traffic violations along with two DWI’s. There were 5 property damage accidents reported, 15 medicals, 5 business alarms, 3 domestics, 10 residential alarms, 12 suspicious calls, and 19 assists to other agencies. MEMORANDUM On 06/10/2020 Officer responded to a reported appliance fire in the 4500 block of Willow Drive. Upon arrival it was determined that an air conditioning unit on the roof had caught on fire. The Loretto, Maple Plain, and Hamel Fire Departments responded, and the fire was extinguished in a short period of time. On 06/10/2020 Officer stopped a speeding vehicle that had passed numerous other cars including a fully marked Medina squad car at speeds around 90 mph. The driver was issued a citation for speeding. As the vehicle merged back into traffic it had pulled out in front of another Medina squad car. The driver was then seen passing numerous other cars and was clocked on radar going more than 100 mph. The driver was stopped by the second officer and through further contact the officer developed suspicions that the driver was under the influence of alcohol. The driver was arrested for suspicion of DWI and later refused to submit to the breath test. On 06/15/2020 Officer took report of a resident being scammed out of $2000 by someone who convinced him to purchase four $500 Target gift cards and provided someone over the phone the card and PIN numbers of the cards. On 06/16/2020 Officer responded to Holiday store to take a theft report. Victim reported she met someone at Holiday to sell an iPhone. After making the sale the victim realized she had been paid with all counterfeit currency. On 06/18/2020 a female suspect from the above case was taken into custody in the city of Delano. Also taken into custody was her boyfriend who was driving a vehicle which was also purchased using some counterfeit currency. The boyfriend was taken into custody by Wright County Sheriff’s Office. A search warrant was then executed at their apartment in Delano. A large amount of counterfeit currency was recovered inside the apartment. On 06/22/2020 Officers took a burglary/vandalism report in the city of Loretto. Concession stands at the ballfields were broken into and some property was stolen. Light fixtures on the buildings were also intentionally damaged. On 06/23/2020 Officers were dispatched to a suspected DWI that had just left Holiday located at 1300 Baker Park Road. Officers were able to locate the vehicle a short time later at a residence in Medina. The driver was identified and found to be under the influence of alcohol and was arrested for DWI. On 06/25/2020 Officer was dispatched to a female in labor in the 3400 block of Sioux Drive. Officer was assisted by Hamel Fire Rescue and North Ambulance. A baby girl was delivered at the residence. The mother and baby were then transported to Maple Grove Hospital. On 06/28/2020 Officers were dispatched to a report of several shots heard in the 3200 block of Pioneer Trail. In checking the area, Officers were able to determine that a neighbor had been target shooting on his property with a shotgun which was not in violation of City Ordinance. Investigations: Investigating a forgery complaint that occurred in the parking lot of a gas station. The victim sold an iPhone to the suspect who paid with counterfeit currency. Through the course of the investigation, I learned the vehicle the suspect was driving was also purchased with counterfeit currency in another city. A search warrant was executed at an apartment in Delano where approximately $7,000 worth of counterfeit currency, a printer and other electronic devices were located. Two parties were arrested for various charges. I am currently in the process of obtaining search warrants for electronic devices that were found at the apartment. Investigation is ongoing. Investigated a theft of sod from a business. A suspect was located and will be charged for theft and using a false name to a police office. Report will be sent to the city attorney’s office for charging. Received a report of a forgery through a Craigslist ad. The victim attempted to rent a cabin in northern Minnesota. The victim paid for the rental through a Venmo account and later learned the ad was a fake. Attempts are being made to determine who created the Craigslist ad. Received a report of a fraud through Instagram. The victim purchased shoes through an Instagram account. The money was sent through a verified bank account. The victim never received the product. I will be sending an administrative subpoena to Instagram to determine the owner of the account. Received a call of a harassment complaint. The victim said they received information that a former employer had taken a picture of them when they were partially undressed. The picture was then sent to other parties via Snapchat. An administrative subpoena will be sent to Snapchat to obtain additional information. Investigating a forgery complaint from a company in Loretto. The company mistakenly wire transferred over $35,000 to the wrong company. It was later learned the company’s email was hacked. I am in the process of writing a search warrant to determine where the money was sent. There are currently (14) cases assigned to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: June 30, 2020 MEETING: July 7, 2020 SUBJECT: Public Works Update STREETS •Public Works has been active with asphalt patching and installing the asphalt in the recently replaced culverts on both Ardmore Avenue and Deerhill Road. •WSB and the committee have been working together to get the plans to the 75% stage for the Hackamore Road project. •Public Works has been mowing the roadsides with the ditch mower where the ROW is not maintained by the residents. This allows for much better visibility and establishes statutory use for the places we do not have actual ROW. WATER/SEWER/STORMWATER •Public Works has completed work identified in our meter audit. Utilizing the software equipment available in our system, several meters were discovered to be reading incorrectly. These meters have been repaired. •Inflow and infiltration meters have been installed and are currently being monitored in the trunk line running from Highway 55 up to the Foxberry and Toll additions. Now that we have had a few good rainfalls, we can see if abnormal amounts of water is entering into the system in these areas. •A weekly progress meeting was held with the Metropolitan Council Environmental Services and their construction partners. The project along County Road 19 is complete. They are now installing the meter at the Independence lift station so they will be metered separately which will help with inflow and infiltration charges in the future. PARKS/TRAILS •The Lakeshore Park shoreline project is complete, looks good, and the shoreline erosion has been stopped. •We will be contracting with Designing Nature to go through our gardens and planters to clean them up and add plants where needed. PERSONNEL •We have received over 120 applications for the administrative assistant vacancy for planning and public works. Interviews are potentially scheduled for the week of July 6th. •At this point we are just going to wait on the open Public Works Maintenance position. If someone interesting becomes available we may change that. We are hoping Ivan will help again this winter and we may try to find a part time person to also help with snow removal. ORDER CHECKS JUNE 16, 2020 – JULY 7, 2020 050346 AMIC, LISA/AARON .................................................................... $43.93 050347 AYIKA, CHRISTOPHER & CHI-CHI ........................................ $1,050.00 050348 CHETTIAR, MOHAN ............................................................... $1,500.00 050349 HAGESTUEN, MOE/ERIK ......................................................... $700.00 050350 JOHNSON, CURTIS/ANNA ......................................................... $69.84 050351 REGENSCHEID INVESTMENTS, INC. ................................. $10,000.00 050352 SCHMIDT ROOFING ................................................................. $101.00 050353 WALLACE, MICHAEL/LORI ......................................................... $47.52 050354 WATERMARK TITLE AGENCY LLC ............................................ $87.52 050355 FRIEDMAN, NATALIE ............................................................... $700.00 050356 HASAN, SYED/SAMIA ............................................................... $350.00 050357 KALE, MOHIT ............................................................................ $700.00 050358 KARP, JEFF .............................................................................. $250.00 050359 LUEDTKE, JOY/JASON ............................................................. $790.00 050360 RESERVE OF MEDINA HOA .................................................... $350.00 050361 A-1 OUTDOOR POWER INC ......................................................... $1.99 050362 ASPEN MILLS INC ...................................................................... $18.85 050363 BEAUDRY OIL & PROPANE .................................................. $2,172.09 050364 COMMERCIAL ASPHALT CO. ............................................... $1,105.63 050365 CONTEMPORARY IMAGES ........................................................ $24.48 050366 CORE & MAIN LP ...................................................................... $456.29 050367 DPC INDUSTRIES INC ........................................................... $1,226.71 050368 EARL F ANDERSEN INC ....................................................... $3,870.39 050369 ECM PUBLISHERS INC .............................................................. $63.33 050370 ENGEL WATER TESTING INC.................................................. $450.00 050371 GOPHER STATE ONE CALL INC ............................................. $417.15 050372 GRAINGER................................................................................ $287.25 050373 GREAT AMERICAN FINANCIAL SERVI .................................... $178.95 050374 HAKANSON ANDERSON ASSOCIATES I ............................. $1,000.00 050375 HANTHO FARMS LLC .......................................................... $21,969.00 050376 HENN COUNTY TAXPAYER SERVICES .................................. $706.55 050377 HIGHWAY 55 RENTAL .............................................................. $223.29 050378 KD & COMPANY RECYCLING INC ............................................. $56.97 050379 KELLYS WRECKER SERVICE INC ............................................. $80.65 050380 KENNEDY & GRAVEN CHARTERED .................................... $9,338.75 050381 LORETTO VOLUNTEER FIRE DEPT IN............................... $22,538.53 050382 MARCO (LEASE) ....................................................................... $795.61 050383 MET COUNCIL (SAC) ............................................................. $2,460.15 050384 METRO WEST INSPECTION ............................................... $11,928.16 050385 MN DVS ....................................................................................... $14.25 050386 MOTLEY AUTO SERVICE LLC ................................................. $619.00 050387 NAPA OF CORCORAN INC ........................................................ $64.14 050388 NELSON ELECTRIC MOTOR REPAIR .................................. $1,145.00 050389 NORTHWEST ASPHALT INC ............................................. $104,183.74 050390 OFFICE DEPOT ........................................................................ $156.21 050391 PREMIUM WATERS INC ............................................................. $21.09 050392 QUALITY FRAME & ALIGNMENT INC ...................................... $250.00 050393 RANDYS SANITATION INC ......................................................... $80.00 050394 ROLF ERICKSON ENTERPRISES INC .................................. $8,096.14 050395 SAFETY SIGNS LLC ................................................................. $900.00 050396 SAMS LAWN & LANDSCAPE ............................................... $13,750.00 050397 SHERWIN-WILLIAMS CO.......................................................... $495.68 050398 SITEONE LANDSCAPE SUPPLY ........................................... $1,289.26 050399 STREICHERS INC ..................................................................... $252.90 050400 SUBURBAN TIRE WHOLESALE INC ..................................... $1,209.56 050401 SUN LIFE FINANCIAL ............................................................ $1,331.91 050402 TEGRETE (CARLSON BLDG) ................................................ $1,355.00 050403 TIME SAVER OFFSITE SEC SVCS IN ...................................... $402.50 050404 US SOLAR BUSINESS - 1 ...................................................... $4,431.45 050405 US SOLAR BUSINESS - 3 ...................................................... $6,588.23 050406 WEALSHIRE, THE ................................................................ $34,174.00 050407 WESTSIDE WHOLESALE TIRE ................................................ $218.00 050408 WSB & ASSOCIATES INC.................................................... $46,111.00 Total Checks $325,249.64 ELECTRONIC PAYMENTS JUNE 16, 2020 – JULY 7, 2020 005560E PAYMENT SERVICE NETWORK INC ....................................... $941.84 005561E PR PERA .............................................................................. $16,684.93 005562E PR FED/FICA ....................................................................... $16,953.43 005563E PR MN Deferred Comp ........................................................... $1,790.00 005564E PR STATE OF MINNESOTA .................................................. $3,804.79 005565E CITY OF MEDINA ........................................................................ $20.00 005566E FURTHER .............................................................................. $1,574.07 005567E MINNESOTA, STATE OF .......................................................... $584.00 005568E DELTA DENTAL ..................................................................... $2,235.75 005569E CITY OF PLYMOUTH ............................................................. $1,024.88 005570E VALVOLINE FLEET SERVICES ................................................ $157.39 005571E WRIGHT HENN COOP ELEC ASSN ...................................... $2,155.17 005572E FARMERS STATE BANK OF HAMEL ....................................... $150.00 Total Electronic Checks $48,076.25 PAYROLL DIRECT DEPOSIT JUNE 24, 2020 0510320 BOEDDEKER, KAYLEN ............................................................ $628.35 0510321 JOHNSON, PATRICK M. ........................................................... $633.53 0510322 ALTENDORF, JENNIFER L. ................................................... $1,521.00 0510323 BARNHART, ERIN A. ............................................................. $2,514.01 0510324 BOECKER, KEVIN D. ............................................................. $2,657.81 0510325 CONVERSE, KEITH A. ........................................................... $3,932.12 0510326 DINGMANN, IVAN W ................................................................. $214.88 0510327 DION, DEBRA A. .................................................................... $1,930.48 0510328 ENDE, JOSEPH...................................................................... $1,924.22 0510329 FINKE, DUSTIN D. ................................................................. $2,650.70 0510330 GALLUP, JODI M. ................................................................... $2,119.19 0510331 GLEASON, JOHN M. .............................................................. $1,883.95 0510332 GREGORY, THOMAS ............................................................ $1,950.75 0510333 HALL, DAVID M. ..................................................................... $2,039.87 0510334 HANSON, JUSTIN .................................................................. $2,059.23 0510335 JACOBSON, NICOLE ................................................................ $876.77 0510336 JESSEN, JEREMIAH S. .......................................................... $2,508.71 0510337 JOHNSON, SCOTT T. ............................................................ $2,286.95 0510338 KLAERS, ANNE M. ................................................................. $1,427.40 0510339 LEUER, GREGORY J. ............................................................ $2,142.75 0510340 MCGILL, CHRISTOPHER R. .................................................. $1,505.35 0510341 MCKINLEY, JOSHUA D .......................................................... $2,157.64 0510342 NELSON, JASON ................................................................... $2,531.60 0510343 REINKING, DEREK M ............................................................ $1,977.10 0510344 SCHARF, ANDREW ............................................................... $2,087.84 0510345 SCHERER, STEVEN T. .......................................................... $2,441.96 0510346 SCHNEIDER, BENJAMIN .......................................................... $859.20 0510347 DINGMANN, NATHAN ............................................................ $1,056.26 Total Payroll Direct Deposit $52,519.62