HomeMy Public PortalAbout08.04.2021 City Council Meeting Packet Posted 7/29/2021 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Wednesday, August 4, 2021
7:00 P.M.
Medina City Hall
2052 County Road 24
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the July 20, 2021 Work Session
B. Minutes of the July 20, 2021 Regular Council Meeting
V. CONSENT AGENDA
A. Set Date of Truth in Taxation Meeting for December 7, 2021
B. Approve Assessing Agreement for Residential with Rolf Erickson
C. Approve Assessing Agreement with Hennepin County
D. Approve Fireworks Display Contract Agreement with RES Pyro
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATION
A. Resolution Recognizing Police Sergeant Kevin Boecker for 20 Years of Service to the City of
Medina
VIII. NEW BUSINESS
A. Rolling Green Business Park Association – - 801-899 Meander Court – Planned Unit
Development Amendment
1. Ordinance Amending the Rolling Green Business Center Planned Unit Development
District
2. Resolution Authorizing Publication of Ordinance by Title and Summary
B. Resolution Allowing the Director of Public Works to Impose Water Use Restrictions
IX. CITY ADMINISTRATOR REPORT
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. CLOSED SESSION: POLICE UNION CONTRACT Pursuant to Minn. Stat. 13D.03
XIII. ADJOURN
Meeting Rules of Conduct to
Address the City Council:
Fill out & turn in comment
card
Give name and address
Indicate if representing a
group
Limit remarks to 3-5 minutes
MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: July 29, 2021
DATE OF MEETING: August 4, 2021
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Set Date of Truth in Taxation Meeting for December 7, 2021 – Staff recommends
approval to set the date of the Truth in Taxation meeting for December 7, 2021, which is
our regularly scheduled first meeting of the month.
No attachments for this item.
B. Approve Assessing Agreement for Residential with Rolf Erickson – Medina Assessor
Rolf Erickson will no longer be offering assessing for commercial, industrial and
apartment parcels. The attached contract is to continue assessing services with him for
residential services only. Staff recommends approval.
See attached agreement.
C. Approve Assessing Agreement with Hennepin County – Staff recommends approval to
contract with Hennepin County to provide assessing services for Medina’s commercial,
industrial, and apartment parcels.
See attached agreement.
D. Approve Fireworks Display Contract Agreement with RES Pyro – Staff contracts
annually with RES Pyro for the fireworks display at Medina Celebration Day. Staff
recommends approval.
See attached agreement.
VII. PRESENTATION
A. Resolution Recognizing Police Sergeant Kevin Boecker for 20 Years of Service to the
City of Medina – Sergeant Boecker will be present at the meeting to be recognized for 20
years of service to the City of Medina.
See attached resolution.
Recommended Motion: Motion to adopt resolution recognizing Police Sergeant Kevin
Boecker for 20 years of service to the City of Medina
2
VIII. NEW BUSINESS
A. Rolling Green Business Park Association – 801-899 Meander Court – Planned Unit
Development Amendment – The Rolling Green Business Park Association has requested
an amendment to the Planned Unit Development (PUD) regulating development on its
property located west of County Road 116 and south of Meander Road. The original
PUD approved in 2003 limited uses within the development to office condos. The
Association requests to amend the PUD to allow certain retail and service uses within the
existing and future buildings on the property. The other aspects of the PUD (site layout,
building size, building design, etc.) is not proposed to change. The Planning Commission
held a public hearing on July 13th and unanimously recommended approval subject to the
conditions noted in the staff report.
See attached report.
Recommended Motion # 1: Motion to adopt ordinance amending the Rolling Green
Business Center Planned Unit Development District
Recommended Motion # 2: Motion to adopt resolution authorizing publication of
Ordinance by title and summary
B. Resolution Allowing the Director of Public Works to Impose Water Use Restrictions –
With more than 50 percent of Minnesota experiencing severe drought and some areas
experiencing extreme drought, on July 16th the Minnesota Department of Natural
Recourses (DNR) determined that the state is now in a drought warning phase. Staff is
recommending adoption of a resolution allowing the Director of Public Works to impose
a water use restriction, should the DNR determine Minnesota has entered the Restrictive
Drought Phase, or at the discretion of the Public Works Director.
See attached memo and resolution.
Recommended Motion: Motion to adopt resolution allowing the Director of Public
Works to impose water use restrictions
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 006015E-006031E for $64,813.28
and order check numbers 051807-051845 for $76.053.94, and payroll EFT 0511172-0511200
for $56,936.02 and payroll check 020450 for $735.38.
XII. CLOSED SESSION: POLICE UNION CONTRACT Pursuant to Minn. Stat. 13D.03
INFORMATION PACKET:
Planning Department Update
Police Department Update
Public Works Department Update
Claims List
Medina City Council Special Meeting Minutes 1
July 20, 2021
MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF
JULY 20, 2021
The City Council of Medina, Minnesota met in work session on July 20, 2021 at 6:00
p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Martin, Albers, Cavanaugh, DesLauriers and Reid
Members absent:
Also present: City Administrator Scott Johnson, Assistant City Administrator
Jodi Gallup, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public
Sgt. Kevin Boecker, Planning Director Dusty Finke, and Mark Goldberg DDA
II. 2022 Budget – General Fund
Finance Director Erin Barnhart provided the City Council with an updated draft budget
for 2022. The budget discussion centered on the general fund budget for 2022. Staff is
working to keep increases to a minimum, keeping at least a flat property tax rate of
22.92% from 2021 to 2022. Staff is currently negotiating contracts for assessing, fire, IT
consultant, and Police Union (LELS).
Barnhart also provided an update on moving the shared Administrative Assistant from
Planning/Zoning/PW to full-time at 600 Clydesdale Trail for Public Works. The position
would continue to be utilized to track different responsibilities for public works, take on
more parks responsibilities, and provide further administrative help for public works
staff. A full-time Administrative Assistant position would be created for
Planning/Zoning to process permits, free up review time for the planners, allow more in-
house GIS/infrastructure planning and reduce consultant costs which will help pay for the
position.
Finally, Barnhart discussed a possible option to allocate resources to help with long-term
fire expenditures. Council Members agreed with this option. Barnhart further discussed
options with the second round of federal stimulus funds. Medina can reimburse for
certain fire department items in the second round of stimulus. Police body cameras were
not eligible. Drinking water infrastructure, water meter replacements, upgrades to the
water treatment plant, and helping businesses with utility costs were eligible options.
III. DDA – Classification and Compensation Study
Mark Goldberg from DDA provided a presentation on the classification and
compensation study for the City Council. Medina’s pay structure is within the market as
compared with the other cities. Mark Goldberg provided information on benefits,
discussed phasing up the pay for the Community Service Officer position, phasing of
adjustments to the City Administrator pay, discussed the Associate Planner position not
being an entry level position, and providing flexibility in the compensation system with
steps.
Medina City Council Special Meeting Minutes 2
July 20, 2021
Scott Johnson informed Council that staff worked with Mayor Martin and Council
Member DesLauriers to put together a contract response to Maple Plain Fire. No
response has been received to date from Maple Plain.
Adjourn
Cavanaugh made a motion to adjourn the meeting at 6:56 p.m. on July 20, 2021. Martin
seconded the motion. The motion passed unanimously.
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Jodi M. Gallup, City Clerk
Medina City Council Meeting Minutes 1
July 20, 2021
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF JULY 20, 2021 3
4
The City Council of Medina, Minnesota met in regular session on July 20, 2021 at 7:02 5
p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
I. ROLL CALL 8
9
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 10
11
Members absent: None. 12
13
Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 14
Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 15
Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 16
Police Sergeant Kevin Boecker. 17
18
II. PLEDGE OF ALLEGIANCE (7:02 p.m.) 19
20
III. ADDITIONS TO THE AGENDA (7:03 p.m.) 21
The agenda was approved as presented. 22
23
IV. APPROVAL OF MINUTES (7:03 p.m.) 24
25
A. Approval of the July 6, 2021 Regular City Council Meeting Minutes 26
Moved by Cavanaugh, seconded by Reid, to approve the July 6, 2021 regular City 27
Council meeting minutes as amended. Motion passed unanimously. 28
29
V. CONSENT AGENDA (7:03 p.m.) 30
31
A. Approve Job Description and Authorize Recruitment to Fill Vacant 32
Seasonal Public Works Position 33
B. Resolution No. 2021-46 Accepting Donation from Hamel Athletic Club 34
Moved by Albers, seconded by DesLauriers, to approve the consent agenda. Motion 35
passed unanimously. 36
37
VI. COMMENTS (7:04 p.m.) 38
39
A. Comments from Citizens on Items not on the Agenda 40
There were none. 41
42
B. Park Commission 43
Scherer reported that staff will be meeting with the Park Commission to review the 44
capital plan for 2022-2026 along with the asset list and items planned for replacement to 45
determine if any of those items should be added to the Capital Improvement Plan. He 46
stated that Hamel Athletic Club will also be presenting their plans for a grandstand at 47
Paul Fortin Field. 48
49
DesLauriers asked if staff is planning to redo the other half of the bike path at Hamel 50
Legion Park. 51
Medina City Council Meeting Minutes 2
July 20, 2021
1
Scherer stated trail paving was done at Hunter Lions Park, along with paving along the 2
shoulder. He commented on the heavy use of the area by pedestrians. 3
4
Martin asked if the ceremony for the new lighting would be held on August 17th. 5
6
Gallup replied that event will be on August 10th. 7
8
C. Planning Commission 9
Planning Commissioner Grajczyk reported that the Commission met the previous week 10
to consider a Planned Unit Development amendment from Rolling Green Business Park 11
Association. He noted that the Commission recommended approval of the amendment 12
to allow additional commercial and businesses uses within the PUD. 13
14
DesLauriers referenced the retail uses and asked for additional clarification on the uses 15
that would be allowed. 16
17
Grajczyk provided additional clarification on the retail uses that would be allowed. 18
19
VII. NEW BUSINESS 20
21
A. Highcrest Drive and Oak Circle Improvement Project – Public Hearing and 22
Assessment Hearing (7:10 p.m.) 23
Johnson stated that on June 15th the Council received the Feasibility Report and called 24
for the public hearings related to the Highcrest Drive and Oak Circle Improvement 25
Project. 26
27
Scherer reported that this would be a fairly simple mill and overlay project and some 28
related drainage improvements. He stated that the street was last rebuilt in 1985 and 29
started to deteriorate in 2012. He reviewed the related improvements that have taken 30
place over the years. He stated that he held a meeting with the property owners in that 31
area to identify any additional concerns. He reviewed the details of the project and 32
related cost, along with the proposed assessment that would be split between the 11 33
lots. He provided the assessment schedule for the project. He asked the Council to 34
adopt the resolution approving the plans according to the Feasibility Report and ordering 35
the project and to adopt the resolution adopting the assessment roll for the project. 36
37
Martin opened the public hearings. 38
39
No comments. 40
41
Martin closed the public hearing. 42
43
1. Resolution No. 2021-47 Approving Plans According to Feasibility 44
Report and Ordering Highcrest Drive and Oak Circle 45
Improvement Project 46
Moved by DesLauriers, seconded by Cavanaugh, to Adopt Resolution No. 2021-47 47
Approving Plans According to Feasibility Report and Ordering Highcrest Drive and Oak 48
Circle Improvement Project. Motion passed unanimously. 49
50
Medina City Council Meeting Minutes 3
July 20, 2021
2. Resolution No. 2021-48 Adopting Assessment Roll for Highcrest 1
Drive and Oak Circle Road Overlay 2
Moved by DesLauriers, seconded by Reid, to Adopt Resolution No. 2021-48 Adopting 3
Assessment Roll for Highcrest Drive and Oak Circle Road Overlay Project. Motion 4
passed unanimously. 5
6
VIII. CITY ADMINISTRATOR REPORT (7:14 p.m.) 7
Johnson stated that Night to Unite will be held on Tuesday, August 3rd therefore the 8
Council will meet on Wednesday, August 4th. 9
10
Martin noted that the Mayor’s Dinner will be held on September 9th at 5:30 p.m. at her 11
home. 12
13
IX. MAYOR & CITY COUNCIL REPORTS (7:15 p.m.) 14
No comments. 15
16
X. APPROVAL TO PAY THE BILLS (7:15 p.m.) 17
Moved by DesLauriers, seconded by Martin, to approve the bills, EFT 006001E-18
006014E for $89,895.42, order check numbers 051745-051806 for $501,148.70, and 19
payroll EFT 0511138-0511171 for $55,116.93. 20
21
Further discussion: Reid referenced a payment of $10,000 to a couple and asked for 22
clarification. 23
24
Johnson confirmed that was payment for a returned escrow. 25
26
Motion passed unanimously. 27
28
XI. ADJOURN 29
Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 7:16 p.m. 30
Motion passed unanimously. 31
32
33
__________________________________ 34
Kathleen Martin, Mayor 35
Attest: 36
37
____________________________________ 38
Jodi M. Gallup, City Clerk 39
TO: Medina Mayor and City Council Members
Scott Johnson, City Administrator
Jodi Gallup, Assistant City Administrator
Erin Barnhart, Finance Director
FROM: Rolf Erickson (763) 473-3978
Assessor84@comcast.net
DATE: June 28, 2021
RE: 2022 Assessment Proposal
Contract Attached
Term of Contract: September 1, 2021 through August 30, 2022
Current Contract amount: $96,816
Requested amount for 2022 Assessment: $95,796
Parcels 2021 fee
Total Parcels 6/1/2020 3224 $96,816
Commercial, Industrial & Apartment Parcels 244 $7,327
2021 assessment fee for Residential Parcels 2,980 $89,489
Requested increase for 30 new parcels $900
Requested increase for increased workload on remaining parcels $5,407
Requested 2022 Assessment total for assessing all Residential parcels $95,796
Requested monthly fee $7,983
Associated expenses should be slightly less than last year due to lower County system expenses.
The Hennepin County assessing system that we are required to use, requires an increased amount
of time to complete the assessment. Each year The Hennepin County Assessor’s office produces
a document called Expectation of Assessors. In 2002, this document was 2 pages long. This
year it is over 56 pages long. Each year we are required to do a little more in record keeping and
procedures. I have been the Medina City Assessor since 1979 and wish that I did not have to ask
for a split assessment, but I simply do not have the resources to continue to do the entire
assessment. Thank you for your consideration,
Agenda Item #5 B
CONTRACT FOR ASSESSING SERVICES
This contract is made this first day of September, 2021, by and between the City of Medina, Hennepin
County, Minnesota (hereinafter called the “Municipality”) and Rolf Erickson, 14520 12th Ave. North,
Plymouth, Minnesota, 55447, DBA Southwest Assessing, a Minnesota Corporation (hereinafter called the
“Contractor”)
The Contractor represents that he is a Licensed Minnesota Assessors as required in Chapter 273 of
Minnesota Statutes.
ASSESSING SERVICES: The Municipality hereby contracts for and the Contractor hereby agrees to
cooperate with officials of the Municipality and the County of Hennepin in performing 2022 assessment
services as defined in Minnesota Statutes for all properties in the City of Medina, except properties
classified, Commercial, Industrial and Apartment. The Municipality agrees and acknowledges that the
manner and the method used in the performance of the assessment duties will be under the control and
direction of said Contractor.
CONTRACT PRICE: In consideration of the services rendered by the Contractor, the Municipality shall
pay to the Contractor at the above stated address, the sum of $95,796.00 payable in twelve (12)
installments of $7,983 beginning September, 2021 and ending August, 2022.
TERM OF CONTRACT: September 1, 2021 through August 31, 2022.
The following services are to be billed separately on a one-time basis.
NONE.
FURNISHING OF EQUIPMENT: The contractor shall provide all transportation necessary for the
performance of the services contracted for. The Municipality shall furnish all equipment and supplies
necessary for the performance of the services contracted for, including the Hennepin County data fee and
Hennepin County computer equipment rental fees.
ATTENDANCE AT COUNCIL MEETINGS: The Contractor shall attend the local board of review
meeting on the date selected by the Municipality and the Contractor and not to exceed three other
Municipality council meetings during the term of the contract.
LEGAL STATUS: The parties agree that the Contractor is not required to maintain office hours, shall
not receive retirement benefits, health insurance benefits, or any other fringe benefits offered to
employees of the Municipality and shall, in all respects, be deemed an independent contractor.
IN WITNESS WHEREOF, the Contractor and the Municipality have executed this Contract this
day of 2021.
City of Medina (Municipality)
by
Southwest Assessing (Contractor)
by
Contract No. A21XXXXX AGREEMENT
THIS AGREEMENT, made and entered into by and between the COUNTY OF
HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as
the "COUNTY", and the CITY OF “MEDINA”, a political subdivision of the State of
Minnesota, hereinafter referred to as "CITY";
WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and
constitutes a separate assessment district; and
WHEREAS, under such circumstances, the provisions of Minnesota Statutes,
Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to
provide for the assessment of property; and
WHEREAS, said CITY desires the COUNTY to perform certain assessments
on behalf of said CITY; and
WHEREAS, the COUNTY is willing to cooperate with said CITY by completing
the assessment in a proper manner;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, it is agreed as follows:
1. The COUNTY shall perform the 2022, 2023, and 2024 Commercial,
Industrial, and Apartment property assessment for the CITY OF MEDINA in accordance
with property assessment procedures and practices established and observed by the
COUNTY, the validity and reasonableness of which are hereby acknowledged and
approved by the CITY. Any such practices and procedures may be changed from time
to time, by the COUNTY in its sole judgment, when good and efficient assessment
procedures so require. The property assessment by the COUNTY shall be composed
Agenda Item #5 C
(2)
of those assessment services which are set forth in Exhibit A, attached hereto and
made a part hereof by this reference, provided that the time frames set forth therein
shall be considered to be approximate only.
2. All information, records, data, reports, etc. necessary to allow the
COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY
without charge by the CITY, and the CITY agrees to cooperate in good faith with the
COUNTY in carrying out the work under this Agreement.
3. In accordance with Hennepin County Affirmative Action Policy and the
County Commissioners' policies against discrimination, no person shall be excluded
from full employment rights or participation in or the benefits of any program, service or
activity on the grounds of race, color, creed, religion, age, sex, disability, marital status,
sexual orientation, public assistance status, ex-offender status or national origin; and no
person who is protected by applicable Federal or State laws, rules and regulations
against discrimination shall be otherwise subjected to discrimination.
4. It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of joint venturers or
co-partners between the parties hereto or as constituting the CITY as the agent,
representative or employee of the COUNTY for any purpose or in any manner
whatsoever. Any and all personnel of CITY or other persons, while engaged in the
performance of any activity under this Agreement, shall have no contractual relationship
with the COUNTY and shall not be considered employees of the COUNTY and any and
all claims that may or might arise under the Workers' Compensation Act of the State of
Minnesota on behalf of said personnel or other persons while so engaged, and any and
all claims whatsoever on behalf of any such person or personnel arising out of
(3)
employment or alleged employment including, without limitation, claims of discrimination
against the CITY, its officers, agents, CITY or employees shall in no way be the
responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY,
its officials, officers, agents, employees and duly authorized volunteers harmless from
any and all such claims regardless of any determination of any pertinent tribunal,
agency, board, commission or court. Such personnel or other persons shall not require
nor be entitled to any compensation, rights or benefits of any kind whatsoever from the
COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Workers' Compensation, Re-employment Compensation, disability,
severance pay and retirement benefits.
5. CITY agrees that it will defend, indemnify and hold the COUNTY, its
elected officials, officers, agents, employees and duly authorized volunteers harmless
from any and all liability (statutory or otherwise) claims, suits, damages, judgments,
interest, costs or expenses (including reasonable attorney’s fees, witness fees and
disbursements incurred in the defense thereof) resulting from or caused by the
negligent or intentional acts or omissions of the CITY, its officers, agents, contractors,
employees or duly authorized volunteers in the performance of the responsibilities
provided by this Agreement. The CITY’s liability shall be governed by Minn. Stat.
Chapter 466 and other applicable law, rule and regulation, including common law.
6. COUNTY agrees that it will defend, indemnify and hold the CITY, its
elected officials, officers, agents, employees and duly authorized volunteers harmless
from any and all liability (statutory or otherwise) claims, suits, damages, judgments,
interest, costs or expenses (including reasonable attorney’s fees, witness fees and
disbursements incurred in the defense thereof) resulting from or caused by the
(4)
negligent or intentional acts or omissions of the COUNTY, its officers, agents,
contractors, employees or duly authorized volunteers in the performance of the
responsibilities provided by this Agreement. The COUNTY’s liability shall be governed
by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including
common law.
7. The COUNTY shall endeavor to perform all services called for herein in an
efficient manner. The sole and exclusive remedy for any breach of this Agreement by
the COUNTY and for COUNTY's liability of any kind whatsoever, including but not
limited to liability arising out of, resulting from or in any manner related to contract, tort,
warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in
said services as is reasonably possible under the pertinent circumstances.
8. Neither party hereto shall be deemed to be in default of any provision of
this Agreement, or for delay or failure in performance, resulting from causes beyond the
reasonable control of such party, which causes shall include, but are not limited to, acts
of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in
laws, ordinances or regulations which materially affect the provisions hereof, or any
other causes beyond the parties' reasonable control.
9. This Agreement shall commence on September 1, 2021 and shall
terminate on July 31, 2024. Either party may initiate an extension of this Agreement for
a term of four (4) years by giving the other written notice of its intent to so extend prior
to March 1, 2024. If the party who receives said notice of intent to extend gives written
notice to the other party of its desire not to extend prior to, April 15, 2024 this
Agreement shall terminate on July 31, 2024.
Nothing herein shall preclude the parties, prior to the end of this Agreement, from
(5)
agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be
on the same terms and conditions set forth herein and shall commence on August 1, 2024.
Either party may terminate this Agreement: 1) immediately for "just cause", as defined herein,
or 2) for any reason, upon providing 120 days prior written notice to the other party. If the
CITY should cancel this Agreement, as above provided, before the completion of the then
current property assessment by the COUNTY, the CITY agrees to defend and hold the
COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless
from any liability that might ensue as a result of the non-completion of a property tax
assessment, to the extent the non-completion was not directly caused by a material breach of
this agreement by the County.
For the purpose of this Agreement, the term "just cause" shall mean the failure of
any party hereto reasonably to perform a material responsibility arising hereunder.
10.A. In consideration of said assessment services, the CITY agrees to pay the
COUNTY the sum of Fourteen Thousand Dollars ($14,000) for each assessment,
provided that any payment for the current year’s assessment may be increased or
decreased by that amount which exceeds or is less than the COUNTY's estimated cost
of appraising new construction and new parcels for the current year’s assessment. The
amount of any increase or decrease shall be specified in the billing for the current year’s
assessment.
10.B. Regarding each assessment, in addition to being subject to adjustment in
the above manner, said assessment cost of $14,000 may also be increased by the
COUNTY if:
(1) The COUNTY determines that any cost to the COUNTY in carrying
out any aspect of this Agreement has increased, including but not
limited to the following types of costs: new construction and new
parcel appraisals, mileage, postage, supplies, labor (including
(6)
fringe benefits) and other types of costs, whether similar or
dissimilar; and/or
2) The COUNTY reasonably determines that other costs should be
included in the costs of assessment work.
If the COUNTY desires to increase the assessment cost pursuant to this paragraph
10(B), it shall give written notice thereof by June 15 of any year and such increase shall
apply to the assessment for the calendar year next following the current calendar year. Any
such notification shall specifically set forth the amount of any new construction and new
parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such
increase, exclusive of any charge for the estimated costs of new construction and new parcel
appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the
assessment for the then current calendar year, exclusive of any charge for the estimated
costs of new construction and new parcel appraisals, the CITY may cancel this Agreement
by giving to the COUNTY written notice thereof, provided that said cancellation notice must
be received by the COUNTY not later than July 24 of the then current calendar year and said
cancellation shall be effective no earlier than five (5) days after the receipt of said notice by
the COUNTY and not later than July 31 of said next calendar year. Supportive records of the
cost increase will be open to inspection by the CITY at such times as are mutually agreed
upon by the COUNTY and CITY.
Failure of the COUNTY to give the CITY a price-change notice by June 15 shall
not preclude the COUNTY from giving CITY such notice after said date but prior to
August 1 of any year, provided that if such price increase exceeds said seven and one
half percent (7.5%) - all as above set forth - the CITY may cancel this Agreement if the
COUNTY receives notice thereof not later than thirty-nine (39) days from the date of
receipt by the CITY of any said late price-change notice, provided further that any such
(7)
cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of
said cancellation notice and not later than forty-six (46) days after the CITY's receipt of
any said price-increase notice.
Payment for each assessment shall be made in the following manner:
Any bill from the COUNTY for the current year’s assessment which is received by
the CITY before August 1 of the current year shall be due on September 1 of said year,
provided that the CITY may elect to pay said bill before said date. Any bill received by
the city after August 1 shall be due no later than thirty (30) days after the CITY’s receipt
thereof.
The COUNTY may bill the CITY after the aforesaid dates and in each such case,
the CITY shall pay such bill within thirty (30) days after receipt thereof.
11. Any notice or demand, which may or must be given or made by a party
hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing
and shall be sent registered or certified mail to the other party addressed as follows:
TO CITY: City Administrator
City of Medina
2052 County Road 24
Medina, MN 55340
TO COUNTY: Hennepin County Administrator
2300A Government Center
Minneapolis, MN 55487
copies to: County Assessor
Hennepin County
2103A Government Center
Minneapolis, MN 55487
(8)
Any party may designate a different addressee or address at any time by giving
written notice thereof as above provided. Any notice, if mailed, properly addressed,
postage prepaid, registered or certified mail, shall be deemed dispatched on the
registered date or that stamped on the certified mail receipt and shall be deemed
received within the second business day thereafter or when it is actually received,
whichever is sooner. Any notice delivered by hand shall be deemed received upon
actual delivery.
12. It is expressly understood that the obligations of the respective parties under
Paragraphs 4, 5, 6, 9, and 10 hereof and the obligations of each party which, by their
sense and context, are intended to survive the performance thereof by the same party,
shall so survive the completion of performance, termination or cancellation of this
Agreement.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
(9)
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by its duly authorized officers and delivered on its behalf, this ______ day of
_____________, 2021. COUNTY OF HENNEPIN STATE OF MINNESOTA Reviewed by County Attorney’s Office: By: Chair of the County Board ______________________ Date: _________________ And: Assistant/Deputy/County Administrator ATTEST: Deputy/Clerk of the County Board CITY OF MEDINA By: Its And: Its City organized under: ______ Statutory ____X__Option A ______ Option B ______Charter
(10)
Contract No. A21XXXXX
EXHIBIT A
CITY OF MEDINA During the contract term, the County shall: 1. Physically inspect and revalue 20% of the commercial, industrial, and apartment (CIA) real property, as required by law. 2. Physically inspect and value all CIA new construction, additions and renovation. 3. Adjust estimated market values on those CIA properties not physically inspected as deemed necessary per sales ratio analysis. 4. Prepare the initial assessment roll for all CIA properties. 5. Print and mail valuation notices for all properties. 6. Respond to taxpayers regarding assessment or appraisal problems or inquiries regarding CIA properties. 7. Conduct valuation reviews on all CIA properties prior to Board of Review or Open Book Meetings, as determined by the City – approximate dates: March through May 15. 8. Attend Board of Review or conduct Open Book Meeting. Prepare all necessary CIA review appraisals. Approximate dates: April 1 – May 31. 9. Maintain an updated property file – current values, classification data and characteristic data on all CIA properties. 10. Prepare divisions and combinations as required on CIA properties. 11. Administer the abatement process pursuant to Minn. Stat. §375.192 on all CIA properties. 12. Prepare appraisals; defend and/or negotiate all Tax Court cases.
13. Provide all computer hardware and software applications necessary to complete contracted services.
21595 286TH STREET I BELLE PLAINE, MN I P: 952 873 3113 I INFO@RESPYRO.COM I WWW.RESPYRO.COM
Monday, July 26, 2021
Jodi Gallup
City of Medina
2052 County Road 24
Medina, MN 55340
Dear Jodi:
We are delighted to design another fireworks program for the City of Medina on September 18,
2021. We will be incorporating the following segments into your show: Opening Barrage, Main
Show Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrage Cake, and
Grand Finale. Our show design uses piled, stacked and multi-break shells. Our displays are
electronically fired for added safety.
Understanding your vision is important to us. That’s why we listen to your needs and
expectations so we can create the kind of show that you’ve imagined. We deliver what we say
we will, making sure you are satisfied.
Our displays are a turnkey operation and are coordinated with your event. The entire show is
electronically fired for added safety.
The total cost will be $6,000.00 and this includes all materials, equipment, certified display
operators, necessary permits, and $5 million liability insurance.
I have included a contract prepared for your approval. Please sign a copy and return it to me by
email or fax (952-873-2859).
We look forward to adding a little magic to the air at your event. I’m more than happy to answer
any other questions you may have.
Sincerely,
Ervin J. Haman
Director of Business Development
RES Pyro
Agenda Item #5D
21595 286TH STREET I BELLE PLAINE, MN I P: 952 873 3113 I INFO@RESPYRO.COM I WWW.RESPYRO.COM
DISPLAY CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into on this 26th day of July, 2021 between RES Pyro hereafter
referred to as the SELLER and City of Medina, hereafter referred to as the BUYER.
IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS:
Service Provided Outdoor Fireworks Display
Date(s) Saturday, September 18, 2021
Time 8:00 PM (approximately)
Duration 11-14 minutes (depending on intensity)
Location Hamel Community Building, Medina, MN
Event Sponsor City of Medina
OBLIGATIONS OF SELLER:
SELLER shall provide all materials, equipment and personnel necessary to perform the above-mentioned
display.
SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010
edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2006 edition.
SELLER shall provide a Certificate of Liability Insurance in the amount of $5,000,000.00 to cover the
fireworks display and cleanup. BUYER shall be listed as Certificate Holder on the Certificate of Liability
Insurance. All individuals/entities listed on the certificate of liability insurance will be deemed an additional
insured per this contract.
OBLIGATIONS OF BUYER:
BUYER shall provide a suitable location for firing of the fireworks display.
BUYER shall provide and cover all costs for security of the display site and cleanup beyond the launch
area of the display site.
TERMS AND CONDITIONS:
The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude
upon the completion of the display. However, if before the date of the scheduled performance, the
BUYER has not performed fully its obligations under the terms of this agreement or that the financial
credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time.
In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the
option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the
SELLER for any damages, compensation or costs incurred including but not limited to attorney and court
fees in addition to the compensation herein.
The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the
SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually
agreeable date.
PAYMENT:
Contracted amount: $6,000.00 inclusive of sales tax, if applicable.
Contracted amount includes fire watch and permit fee.
All payments shall be paid by BUYER to and in the name of RES Pyro in the form of a company check,
certified bank check, money order, or cash.
CANCELLATION:
In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be
entitled to and receive 35% of the contracted fee for the remainder of the contract period plus
compensation for any pre- and post-production costs incurred.
THIS AGREEMENT is the whole agreement of the parties’ above named. No representation inducement
or agreement has been given by one to the other to enter into this agreement other than expressly set
forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly
authorized officer of each party.
IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below.
CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS.
BUYER: SELLER: Erv Haman - RES Pyro
Title: Title: Director of Business Development
Signature: Signature:
Date: Date: 7/26/2021
Resolution No. 2021-
August 4, 2021
Member __________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. _________
RECOGNIZING POLICE SERGEANT KEVIN BOECKER FOR TEWNTY YEARS
OF SERVICE TO THE CITY OF MEDINA
WHEREAS, Officer Kevin Boecker has been a valued full time City of Medina employee
in the Police Department of the City since August 1, 2001; and
WHEREAS, Kevin has served as a licensed peace officer at the City of Medina for twenty
years; and
WHEREAS, Kevin has served one year as Sergeant; and
WHEREAS, Kevin served sixteen years as a Patrol Officer; and
WHEREAS, Kevin served as our Investigator with the West Metro Drug Task Force for
three years; and
WHEREAS, Kevin has served as our in-house investigator intermittently as needed, and
conducted the departments largest theft by swindle investigation that resulted in a judgement back
to the victim in the form of $197,330.
WHEREAS, Kevin has served as our Use of Force Instructor for the past sixteen years; and
WHEREAS, Kevin has served as our Taser Instructor for sixteen years, and
WHEREAS, Kevin has received two life saving awards for his actions on patrol, one where
he performed CPR on a truck driver. The man survived making a full recovery. The second for a
young lady that dove out of a second story window to commit suicide and Kevin caught her; and
WHEREAS, Kevin brings a great attitude, energy, and work ethic to the job daily; and
WHEREAS, Kevin has received numerous thank you letters from residents and
neighboring departments for his dedicated and professional service; and
WHEREAS, the City of Medina expresses sincere gratitude for Kevin’s dedication and
continued service to the Medina community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks Kevin Boecker for twenty years of service to the community.
Agenda Item #7A
Resolution No. 2021-
August 4, 2021 2
Dated: August 4, 2021.
Kathleen Martin, Mayor
ATTEST:
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member _____
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Rolling Green Business Park Page 1 of 6 August 4, 2021
PUD Amendment City Council Meeting
MEMORANDUM
TO: Mayor Martin and Member of the City Council
FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson
DATE: July 29, 2021
MEETING: August 4, 2021 City Council
SUBJ: Rolling Green Business Park Association - 801-899 Meander Court –
Planned Unit Development Amendment
Background
The Rolling Green Business Park Association has requested an amendment to the Planned Unit
Development (PUD) regulating development on its property located west of County Road 116
and south of Meander Road. The original PUD approved in 2003 limited uses within the
development to office condos. The Association requests to amend the PUD to allow certain
retail and service uses within the existing and future buildings on the property. The other aspects
of the PUD (site layout, building size, building design, etc.) is not proposed to change.
The subject site is approximately 9 acres in size. Seven buildings have been constructed on the
site and there are 8 additional building pads approved within the PUD yet available for
development. The parking lot for the entire site was constructed over 15 years ago. The Medina
Golf and Country Club is located east of County Road 116, the Villas of Medina Golf and
Country Club to the northeast and warehouse/industrial uses to the south. A large wetland is
located to the west of the site. The site north of Meander Road is guided for Commercial uses,
and currently includes a single-family home. An aerial of the site can be found below.
Agenda Item #8A
Rolling Green Business Park Page 2 of 6 August 4, 2021
PUD Amendment City Council Meeting
Comprehensive Plan/Zoning/PUD Information
The subject site is guided for Commercial uses in the City’s Comprehensive Plan and is zoned as
Planned Unit Development (PUD). The PUD was approved in 2003. Ordinance 358, which
approved the PUD, references the General Plan of Development and PUD Agreement. The
General Plan of Development establishes the location and size of the buildings permitted to be
constructed within the PUD and the location of parking and other improvements. The PUD
Agreement limits uses to “Office Park Units.”
The PUD General Plan included approximately 104,000 square feet of floor area within
15 buildings. Most buildings have a footprint between 4000-5000 square feet, each building
includes some 2nd floor area, and the buildings along the west are walk-outs with lower level
space as well. Generally, the building design is patterned after a more residential look with fiber
cement siding, peaked rooflines, and dormers.
The Association does not propose any changes to the site layout or design, except the
Association proposes to reserve one of the building pads as proof of parking. This issue is
described below.
Information related to the site layout and architectural design of the PUD is attached for
reference even though no changes are proposed. Staff believes the best way to review the site
and design of the PUD would be to visit the site. Future buildings will be designed consistent
with those existing on the site, and the location of the pads are visible.
The Association proposes the following uses as permitted within the PUD:
1) Office Uses (currently only permitted use)
2) Retail, except the following are not permitted uses: pet stores, pawn shops, and adult
establishments
3) Service uses, except the following are not permitted uses: hospitals, veterinarian clinics,
adult establishments, services related to automobiles, and services delivered off-site
(including but not limited to building/lawn contractors, electrical and skills trades, and
pest control)
4) Medical offices/clinics
5) Banks and financial institutions
6) Showrooms
7) Physical fitness clubs, dance studios, and similar uses
Amendments to a PUD
Section 827.41 of the Code describe the process for reviewing proposed amendments and
modifications from the terms or conditions of a PUD or an alteration in a project. This section
states that review of any amendment would follow the same review procedure as was followed
with respect to the General Plan of Development.
Purpose of PUD
Section 827.25 of the City Code establishes the following purpose for PUDs:
“PUD - Planned Unit Development provisions are established to provide comprehensive
procedures and standards designed to allow greater flexibility in the development of
Rolling Green Business Park Page 3 of 6 August 4, 2021
PUD Amendment City Council Meeting
neighborhoods and/or nonresidential areas by incorporating design modifications and allowing
for a mixture of uses. The PUD process, by allowing deviation from the strict provisions of this
Code related to setbacks, lot area, width and depth, yards, and other development standards is
intended to encourage:
Subd. 1. Innovations in development to the end that the growing demands for all styles
of economic expansion may be met by greater variety in type, design, and placement
of structures and by the conservation and more efficient use of land in such
developments.
Subd. 2. Higher standards of site and building design.
Subd. 3. The preservation, enhancement, or restoration of desirable site characteristics
such as high quality natural resources, wooded areas, wetlands, natural topography
and geologic features and the prevention of soil erosion.
Subd. 4. Innovative approaches to stormwater management and low-impact
development practices which result in volume control and improvement to water
quality beyond the standard requirements of the City.
Subd. 5. Maintenance of open space in portions of the development site, preferably
linked to surrounding open space areas, and also enhanced buffering from adjacent
roadways and lower intensity uses.
Subd. 6. A creative use of land and related physical development which allows a phased
and orderly development and use pattern and more convenience in location and design
of development and service facilities.
Subd. 7. An efficient use of land resulting in smaller networks of utilities and streets
thereby lower development costs and public investments.
Subd. 8. A development pattern that effectuates the objectives of the Medina
Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and
zoning principles.)
Subd. 9. A more desirable and creative environment than might be possible through the
strict application on zoning and subdivision regulations of the City.”
Usually, the City is considering this purpose when determining whether to approve of the
rezoning of a property from the underlying district to a PUD. The Planning Commission and
Council are weighing whether the proposed flexibility of the PUD better meets these and other
objectives of the City than would be achieved through standard zoning.
The Purpose of the PUD and objectives of the Comprehensive Plan are relevant when
considering amendments to a PUD as well. Based upon the scale or significance, a proposed
amendment may not clearly meet the criteria. However, if the Planning Commission and City
Council find that an amendment is inconsistent with these purposes and other City objectives
when compared to the unamended PUD, it would be appropriate to deny the amendment.
Staff has attached relevant excerpts from the Vision, Goals, and Land Use chapters of the
Comprehensive Plan for convenience.
Rolling Green Business Park Page 4 of 6 August 4, 2021
PUD Amendment City Council Meeting
Analysis
The approved building pads in the PUD each allow between 5,000-10,000 square feet of floor
area, so any retail uses would be relatively limited in size. Restaurants, drive-throughs and
similar more intensive uses are not proposed to be permitted. Staff believes it is fair to assume
retail and service uses will result in more nighttime and weekend activity than office uses.
Comprehensive Plan Goals/Objectives
The amendment would allow more retail and service opportunity for local residents, which is
consistent with the Goals of the Comprehensive Plan and the objectives of the Commercial land
use. Other objectives of the Commercial land include regulating commercial development to
limit impact on residential areas and requiring commercial activities that serve a broader market
to have access to regional highway. The Planning Commission and City Council should discuss
whether, on balance, allowing retail and service uses in this location is consistent with these
objectives.
PUD Purpose
Many of the PUD purpose statements may not be entirely relevant because of the limited scope
of the proposed amendment. The most relevant statement appears to be #6 and the Planning
Commission and City Council could discuss whether having retail/service opportunities in
addition to office on the site results in more or less of a “orderly development and use pattern
and more convenience in location…of development and service facilities.”
Transportation/Streets
Staff believes it is possible that retail and service uses may drive a slight increase in daily trips to
the site, but does not believe the proposed amendment will significantly impact traffic and
transportation infrastructure. Peak volumes would likely be less pronounced than office uses.
Sewer/Water
Different uses may have different water and sewer usage, but staff does not believe the proposed
use will impact infrastructure needs.
Parking and Loading
The site currently has approximately 258 parking stalls. Space for 12 additional stalls has been
reserved as proof-of-parking in the northeast corner of the site. With 104,000 square feet of
office, the City’s current parking requirements would require 416 stall (1 stall per 250 square
feet).
The minimum parking requirements for the proposed service and retail uses are the same as
required for office. In fact, the minimum parking requirements for retail uses are lower (1 stall
per 250 square feet for the first 10,000 square feet and 1 per 300 thereafter).
Staff’s experience has been that office may actually have a higher parking need than retail and
service uses. The Association proposes to reserve the 827/831 Meander Ct. building pad as
additional proof-of-parking. This pad is in the center of the development and could
accommodate an additional 18 parking stalls. This would be in addition to the 12 proof of
parking spaces which could be constructed along the north of the parking lot.
Rolling Green Business Park Page 5 of 6 August 4, 2021
PUD Amendment City Council Meeting
Allowing retail uses will increase the need for circulation for loading. The eastern and center
rows of buildings include a rear alley which provides ample opportunity for loading. The
western row of buildings would likely need to load from the parking lot. This is not uncommon
in multi-tenant retail settings. Staff believes the opportunities for loading is actually better than
in some other retail settings.
Planning Commission Recommendation
The City has a high level of discretion when considering Planned Unit Developments and
amendments to PUDs.
The Association seeks the amendment to be able to encourage construction on the remaining lots
by increasing the types of users who they could market to. The project was approved 17 years
ago and is just over half constructed.
Staff did not believe allowing the proposed uses would result in infrastructure impacts. Staff
believes the main consideration is balancing the goal of providing additional opportunities for
service uses and smaller scale retail uses against any potential impacts such uses may have
because of increased activity in the evenings and weekends.
The property north of the site is also guided for Commercial redevelopment, which may support
allowing these uses within the Rolling Green PUD.
The Planning Commission held a public hearing on the proposed amendment at their July 13
meeting. An excerpt from the draft meeting minutes is attached for reference. One of the
owners within the Business Center asked questions about the allowed uses during the hearing
and there were no other comments.
Planning Commissioners inquired about higher volume retail uses such as liquor stores, but staff
noted that volume is a difficult criteria to use to determine whether a use should be permitted or
not. It was noted that the Association would have the ability to regulate uses within the
Property.
Planning Commissioners generally favored adding flexibility to allow retail and service uses to
encourage additional construction within the project and to support more local businesses.
Following the hearing, the Planning Commission unanimously recommended approval of the
attached ordinance subject to the following conditions:
1. The Association shall enter into a proof of parking agreement over Lot 14, Block 1. No
building shall be constructed on Lot 14, Block 1 until six months after buildings have
been completed on all other lots with the PUD and the City has determined that
additional parking is not required pursuant to the proof of parking agreement.
2. Except the changes noted above, the requirements of the Rolling Green Business Center
should remain unchanged and in full force and effect.
3. The Association shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the amendment to the Planned Unit Development and related
documents.
Rolling Green Business Park Page 6 of 6 August 4, 2021
PUD Amendment City Council Meeting
Potential Action
Generally, the City Council directs staff to prepare documents for approval or denial following
review and then acts on the document at a subsequent meeting. In this case, state law required
that the ordinance be posted on the City’s website prior to consideration, so staff has drafted the
attached ordinance for review.
The City Council could choose to act on the ordinance at the August 4 meeting, or give staff any
alternative direction following review.
If the City Council finds that the proposed amendment to the PUD is consistent with City
objectives and intends to act at the August 4 meeting, the following actions could be taken:
1. Move to adopt the ordinance amending the Rolling Green Business Center PUD.
2. Move to adopt the resolution authorizing publication by title and summary
Attachments
1. Draft Ordinance
2. Resolution authorizing publication by title and summary
3. List of Documents
4. Excerpt from draft 7/13/2021 Planning Commission minutes
5. Ordinance 358
6. Comp Plan Information – Commercial Land Use
7. Narrative
8. Proposed Amendment
9. Site Layout (flyer)
10. Building Photos
11. Site Layout (plans)
12. Building Elevations
Ordinance No. ### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE AMENDING THE ROLLING GREEN BUSINESS CENTER
PLANNED UNIT DEVELOPMENT DISTRICT
THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS:
Section 1. Recitals.
A. On July 7, 2003, the city council of the City of Medina adopted Ordinance No. 358,
approving the General Plan of Development and rezoning the property legally
described in Exhibit A, attached hereto (the “Property”), to Planned Unit
Development.
B. The Rolling Green Business Center Planned Unit Development approved in
Ordinance No. 358 is referred to herein as “the PUD” and allowed only office park
uses.
C. The City of Medina received a request from the association of owners of the
Property to amend the PUD to allow retail and service uses.
Section 2. Allowed Uses. The allowed uses within the Rolling Green Business Center
PUD District shall be as follows:
A. Office Uses
B. Retail, except the following are not permitted uses: pet stores, pawn shops, and adult
establishments
C. Service uses, except the following are not permitted uses: hospitals, veterinarian
clinics, adult establishments, services related to automobiles, and services delivered
off-site (including but not limited to building/lawn contractors, electrical and skills
trades, and pest control)
D. Medical offices/clinics, dentists, chiropractors, optometrists, and similar uses
E. Banks and financial institutions
F. Showrooms
G. Physical fitness clubs, dance studios, and similar uses
Section 3. Proof of Parking. Lot 14, Block 1 of the Property shall be reserved as proof
of parking and no building permit shall be issued until at least six months after certificates of
occupancy have been issued for all other buildings on the Property and the City has determined
that use of the lot for parking is not necessary.
Section 4. Except for as explicitly modified in Sections 4 and 5 above, all other aspects
of the Rolling Green Business Center PUD remain unchanged and in full force and effect,
including the provisions contained in Ordinance No. 358 and that certain P.U.D. Development
Agreement, dated October 15, 2003.
Ordinance No. ### 2
DATE
Section 5. A copy of this Ordinance and the updated map shall be kept on file at the
Medina City Hall.
Section 6. This Ordinance shall be effective upon its passage and publication.
Adopted by the Medina City Council this _____ day of _________, 2021.
CITY OF MEDINA
By:
Kathleen Martin, Mayor
Attest:
By:
Jodi M. Gallup, City Clerk
Published in the Crow River News on this day the ________ of __________, 2021.
Ordinance No. ### 3
DATE
EXHIBIT A
Legal Description of the Property
Resolution No. 2021-##
DATE
Member ______________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-##
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ###BY TITLE AND SUMMARY
WHEREAS, the city council of the City of Medina has adopted Ordinance No. ### an
ordinance amending the Rolling Green Business Center Planned Unit Development district; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is three pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ###, an ordinance amending
the Rolling Green Business Center Planned Unit Development (PUD) district. The ordinance
adds additional allowed uses within the Rolling Green Business Center PUD district, located at
801-899 Meander Court. The uses allowed in the PUD now are: office uses, retail uses (with
some exceptions), service uses (with some exceptions), medical offices/clinics/dentists/
chiropractors/optometrists/similar uses, banks and financial institutions, showrooms, physical
fitness clubs/dance studios/similar uses. The ordinance also requires additional proof of parking
within the property.
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. 2021-## 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.
7/29/2021
Project: LR-21-293– Rolling Green Business Center PUD Amendment
The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are
only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall.
Documents Submitted by Applicant
Document Received Document
Date
Pages Electronic Paper
Copy?
Notes
Application 6/7/2021 6/7/2021 3 Yes Yes
Fee 6/7/2021 5/27/2021 1 Yes Yes $2000
Narrative 6/14/2021 6/14/2021 1 Yes Yes
Proposed Amendment 7/2/2021 7/2/2021 1 Yes Yes
Site Plan/Building Size Exhibit 6/16/2021 NA 1 Yes Yes
2 Yes Yes
Documents from Staff/Consultants/Agencies
Document Document
Date
# of
pages
Electronic Notes
Engineer Comments 6/21/2021 1 Y
Legal Comments 7/1/2021 1 Y
Building/Fire Comments 6/16/2021 1 Y
Notice 7/2/2021 3 Y 6 pages w/ affidavit, list, map
Planning Commission Report 7/8/2021 5 Y 17 pages w/ attachments
City Council Report 7/29/2021 6 Y
Public Comments
Document Date Electronic Notes
Planning Commission minutes 7/13/2021 Y
Medina Planning Commission Excerpt from Draft 7/13/2021 Meeting Minutes
1
Public Hearing – Rolling Green Business Park Association – Planned Unit Development
Amendment – 801-899 Meander Court
Finke presented a request to amend the Planned Unit Development for Rolling Green Business Park to
allow for service and retail uses within the development. The original PUD was limited to office park
uses. The other part of the request would be to reserve one of the lots for additional parking, should that
be a need in the future. He stated that other aspects of the PUD would remain unchanged for the original
approval in 2003. He stated that there are 15 buildings planned for the site, noting that half have been
constructed since 2003 with the remaining half of the property unbuilt. He stated that the association of
builders acquired the building pads through tax forfeiture about six or seven years ago and is looking to
sell those lots. He reviewed the adjacent property uses and zoning. He stated that the architectural
standards would remain unchanged. He displayed a list of uses that would be allowable under the PUD,
noting that the association desired to keep out some of the uses that would not perhaps fit well with the
property. He stated that the City has relatively little land zoned for commercial uses, and this would bring
opportunity for more retail and service businesses to serve the community. He stated that the buildings
are relatively small, therefore the remaining square footage would not go a single use and would be split
between multiple lots. He stated that depending on the uses that come into the site, more trips could be
generated from service or retail businesses, but the peak traffic times would differ from office type uses.
He noted that there would most likely be more evening/weekend traffic than an office use. He stated that
parking minimums are comparable for all the uses. He noted that the PUD approved a much lower
parking than what would be required by the parking standards. He stated that historically office parking
needs have been higher than retail/service uses but noted that may change post-pandemic. He stated that
staff recommends approval with the limited conditions noted within the staff report.
Piper stated referenced Lot 14, Block 1, which is called out for the parking agreement. She asked if
nothing would be built on that site until such time when the parking needs could be assessed. She asked
how many additional spaces that lot would provide for the site.
Finke stated that staff has estimated that pad could accommodate 18 parking spaces, along with the 12
stalls on the northeast that are already set aside for proof of parking.
Grajczyk asked if this site would meet the MS4 requirements.
Finke stated that staff did not review that aspect as this change would not result in additional hardcover.
Sedabres asked if there would be restrictions outside of the three or four exclusions for retail/service that
could generate a large amount of traffic.
Finke stated that other than those exclusions, the use would ultimately be limited by the size of the space.
He stated that the association would have the ability to privately control the uses that could go into the
site.
Nielsen opened the public hearing at 7:18 p.m.
George Betts, Betts and Hayes 6050 Pagenkopf Road in Independence, asked what type of things would
be included in medical offices. He specifically asked if physical therapy would be included within
medical office.
Finke commented that he believes that a medical office could be permitted under the existing PUD. He
stated that this amendment would provide additional clarity.
Medina Planning Commission Excerpt from Draft 7/13/2021 Meeting Minutes
2
Nielsen closed the public hearing at 7:21 p.m.
Grajczyk commented that Finke and staff did a great job working with the applicant to put this
amendment together. He believed the changes would add value to the site.
Popp commented that he visited the site and likes the design. He was unsure if there would be a direct
value to adding retail and service to the existing office uses, but also did not see that as a negative. He
commented that half of this lot is underutilized, and this seems to be a good solution in order to mitigate
the incomplete project. He asked if this would compete or redirect retail/service uses that could otherwise
go in Uptown Hamel. He commented that he believes that this is a well thought out plan and is fairly
comfortable moving forward.
Piper asked if entry and exit onto 116 would be an issue for the PUD.
Finke stated that the direct access is provided to Meander Road. He stated by and large the highest issue
with that maneuver would be during peak rush hour times. He stated that adding these uses would most
likely not impact the morning rush hour time. He stated that there could be more people wanting to turn
left into the site to frequent the retail service businesses in the evening. He stated that there is commercial
property to the west that will be developed in the future and would most likely have a larger impact to
Meander.
Piper asked if there would ever be thought to some kind of traffic control at Meander and 116 in the
future as development continues in this area.
Finke confirmed that the City would continue to monitor that issue and agreed that type of traffic control
would most likely come in the future, not specifically from this site, but most likely as a result of
continued development in neighboring communities.
Galzki commented that this would assist in completing a project that is currently incomplete. He stated
that he would like to see new businesses come into Medina and use space that is already available. He
believed that this would be a great idea to open up this PUD to additional uses and bring more businesses
to the residents.
Sedabres commented that anything the City can do to help complete this development would be helpful.
He recognized while there is control to what could come in as an initial user, he would have question as to
what kind of control would remain for future users. He commented that he does support the request.
Rhem agreed that it would make sense to allow more options to complete the project.
Nielsen stated that she also drove through the site and could not anticipate a use that would fit within
those spaces that she would oppose and therefore would not want to put additional restrictions on the site.
Popp asked if the City has received any interest from prospective businesses that would like to move into
the space.
Marianne Houlihan, Rolling Green Business Association, provided details on interest the association has
received from businesses. She noted that a nail salon had expressed interest and may proceed in one
space, with an office use in another space within the building. She also noted that a developer had
considered a couple of buildings and they were waiting to see if the City would approve.
Motion by Grajczyk, seconded by Piper, to recommend approval of the Planned Unit Development
Amendment subject to the conditions noted in the staff report. Motion carries unanimously.
CITY OF MEDINA
ORDINANCE NO.358
AN ORDINANCE APPROVING GENERAL PLAN OF
DEVELOPMENT AND REZONING PROPERTY TO
PLANNED UNIT DEVELOPMENT
The city council of the city of Medina ordains as follows:
Section I. Recitals.
1.01. The city of Medina (the "City") received an application from Klingelhutz
Development Company (the "Developer") and Rolling Green Business Park, LLC regarding the
platting of certain land in Medina generally located west of County Road 116 near Meander Road as
Rolling Green Business Center (the "Subdivision").
1.02. The Developer also applied to develop Block 1 of the Subdivision (the "Property")
as a planned unit development in accordance the Section 827.24 et seq. of the Medina city code (the
PUD Ordinance").
1.03. On May 6, 2003 the City approved the Concept Plan proposed by the Developer for
the Property.
1.04. On March 11, 2003 the Medina planning commission held a public hearing on the
Developer's proposed General Plan of Development for the Property and rezoning application, after
which hearing the planning commission recommended approval of the General Plan of
Development and rezoning, subject to certain terms and conditions.
1.05. On July 1, 2003 the City reviewed the Developer's application for approval of the
General Plan of Development and rezoning for their consistency with the PUD Ordinance and the
Concept Plan, considered the planning commission's recommendations regarding the General Plan
of Development and rezoning and heard additional comments from the Developer and others
regarding the matter.
Section II. Findings.
Pursuant to the PUD Ordinance, the City makes the following findings regarding the Developer's
General Plan of Development:
2.01. The General Plan of Development is compatible with the standards, purposes and
intent of the PUD Ordinance.
2.02. The General Plan of Development is consistent with the goals and objectives of the
City's comprehensive plan.
2.03. The General Plan of Development will not have a negative impact on the
neighborhood in which it is located.
Ordinance 358
T
2.04. The internal site organization, uses, densities, circulation, parking facilities, prti'in„
facilities, recreational areas, open spaces and buffering and landscaping as described in the General
Plan of Development are adequate.
Section III. Rezoning.
3.01. Based on the above findings, approval is hereby granted to the Developer for the
General Plan of Development and rezoning of the Property to Planned Unit Development. The
approved General Plan of Development is shown on Exhibit A attached hereto arid made a part
hereof. Approval is granted subject to the following terms and conditions:
a. The Developer must execute a.P.U.D. development agreement consistent with the
ordinance and acceptable to the City in form and substance;
b. Rolling Green Business Park, LLC must execute a petition and waiver agreement
acceptable to the City in form and substance to ensure extension of Meander Road and the utilities
to the western boundary of the Subdivision; and
c. The General Plan of Development and related plat are subject to the terms and
conditions of the companion resolution approving the final plat of the Subdivision.
3.02. The General Plan of Development is subject to approval of final stage site and
building construction plans prior to issuance of any building permit for the Property.
Section IV. Effective Date.
4.01. The City staff is authorized and directed to publish this ordinance rezoning the
Property from Multifamily Residential and Urban Residential to Planned Unit Development upon
satisfaction of all the above terms and conditions.
Adopted by the city council of the City of Medina this 7th day of July, 2003.
hilip I, Zietlow, ayor
ATTEST:
Chad M. Adams, Administrator -Clerk -Treasurer
Published in the Crow River News this 13th day of October, 2003
Ordinance 358 2
y of0 e--
COMPRENSIVE PLAN INFORMATION
Community Vision
The following statement provides a vision of the community for the future and the resultant goals and
strategies.
Medina is a community united by a common goal: to sustain and enhance the quality of life of its residents. Medina
will protect its significant natural resources and open space throughout the City, while honoring its rural heritage and
fostering safe and well-designed neighborhoods, places of recreation and destinations for citizens to gather.
Development within the City will be commensurate with available transportation systems, municipal services and
school capacity.
Community Goals
The following Community Goals are derived from the Vision Statement and inform objectives and
strategies throughout the various aspects of the Comprehensive Plan.
• Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote
the rural character of Medina.
• Protect and enhance the environment and natural resources throughout the community.
• Encourage and incent innovative and environmentally friendly approaches to planning,
engineering and development.
• Expand urban services only as necessary to accommodate regionally forecasted residential growth,
desired business opportunities and achievement of other Community Goals. Such development
and growth shall be at a sustainable pace proportionate with capacity of schools and transportation,
water supply and wastewater infrastructure available to the City.
• Spread development so that it is not geographically concentrated during particular
timeframes.
• Promote public and private gathering places and civic events that serve the entire
community.
• Preserve and expand trails and parks to provide community recreational facilities,
connect neighborhoods, and encourage healthy lifestyles of its residents.
• Provide opportunities for a diversity of housing at a range of costs to support residents at all
stages of their lives.
• Encourage an attractive, vibrant business community that complements the residential areas of
the City.
• Maintain its commitment to public safety through support of the City’s police
department and coordinate with its contracted volunteer fire departments.
• Manage the City through prudent budgeting processes, retaining a skilled and efficient staff and
long-range planning and financial management.
Future Land Use Plan Principles
The Future Land Use Plan guides the development of Medina through 2040, and will be used to
implement the City’s goals, strategies and policies. The Plan is guided by the Vision and
Community Goals as furthered by the following principles:
Development Patterns and Neighborhood Form
• Encourage open spaces, parks and trails in all neighborhood developments. Surveys indicate
that a high quality of life is found when residents have visual access to green spaces.
• Create neighborhoods with a variety of housing types that are well connected with roads,
trails or sidewalks.
• Maintain the integrity of rural neighborhoods and promote development patterns
consistent with existing rural residential development.
• Recognize neighborhood characteristics and promote new development compatible in scale,
architectural quality and style with existing neighborhoods.
• Stage residential growth to minimize the amount of adjacent developments which occur
within the same time period.
• Guide density to areas with proximity to existing infrastructure and future infrastructure
availability.
• Concentrate higher density development near service oriented businesses to help promote
walkability.
• Consider planned development in surrounding communities when making land use decisions in the
City.
Road Patterns
• Recognize regional highway capacity and planned improvements, along with use forecasts, as
major factors in planning for growth and land use changes.
• Establish collector streets with good connections through the community’s growth areas.
• Promote trails and sidewalk access near roads and thoroughfares to encourage multi- modal
transportation choices.
• Consider opportunities to improve north-south travel within the City.
Open Spaces and Natural Resources
• Preserve natural resources throughout the community and provide educational opportunities
to residents to help them understand the value of natural areas.
• Preserve open spaces and natural resources.
• Protect wooded areas and encourage improvement of existing resources and reforestation. Evaluate
existing woodland protections and supplement as necessary.
• Support the guidelines identified in the Open Space Report to preserve the City’s natural
systems.
Business Districts and Commercial Areas
• Focus service businesses and development near urban residential densities and along primary
transportation corridors.
• Provide connections between residents and commercial areas and promote businesses within mixed-
use areas.
• Work to create job opportunities in the community for Medina residents to reduce traffic and
commuting demands.
• Emphasize service and retail uses which serve the needs of the local community and provide
opportunities for the community to gather.
• Support business development with a corporate campus style which provides open nd protects
natural resources.
Commercial (C) provides areas for highway oriented businesses and retail establishments including commercial, office and retail uses. These uses are concentrated along the arterial corridors and are served or will be served by urban services.
Commercial Uses
The following objectives refer to commercial land uses which will provide a variety of retail products
and services mixed with smaller offices.
Objectives:
• Require preservation of natural slopes, wetlands, woodlands, and other significant natural
characteristics of the property.
• Provide convenient and attractive shopping and services to meet the needs of City residents.
• Encourage businesses that benefit the local community by providing employment opportunities
offering convenience goods and services, utilizing high quality design, and having limited impact on
public services.
• Require commercial activities that serve the broader metropolitan market to have access to a
regional highway or frontage road.
• Regulate the impact of commercial development along the border between commercially and
residentially guided areas to ensure that commercial property has a minimal impact on residential
areas.
• Regulate construction to ensure high quality, energy and resource efficient buildings and to promote
such Green Building standards as LEED Certifications or the State of Minnesota Sustainable
Building Guidelines: Buildings, Benchmarks and Beyond (B-3) standards.
• Encourage construction that enhances the visual appeal of TH 55 corridor and the rural vistas and
open spaces of the City.
• Establish standards for the commercial area north of TH 55 at Tamarack Drive which results in a
high quality, walkable and appropriately scaled development which complements nearby
residential neighborhoods, emphasizes goods and services for local residents over highway users
and provides gathering opportunities for the community.
• Require frontage roads that do not directly access arterial roadways and limit access to arterial
and collector roadways.
• Limit the scale of commercial development where urban services are not available to protect
water resources and to integrate such uses with surrounding rural lands.
• Use the site plan review process to ensure that commercial and industrial uses are compatible
with neighboring future and existing uses, and with the adjoining public streets and highways.
PUD’s may be used to help accomplish this policy.
• Emphasize pedestrian safety.
• Require utilities to be placed underground wherever possible for reasons of aesthetic
enhancement and safety.
• Regulate noise, illumination, and odors as needed to maintain public health and safety.
Proposed Amendment to
Rolling Green Business Center Planned Unit Development
Permitted Uses
Current Permitted Use: Office
Proposed Additional Permitted Uses:
1) Retail, except the following are not permitted uses: pet stores, pawn shops, and adult
establishments
2) Service uses, except the following are not permitted uses: hospitals, veterinarian clinics,
adult establishments, services related to automobiles, and services delivered off-site
(including but not limited to building/lawn contractors, electrical and skills trades, and
pest control)
3) Medical offices/clinics
4) Banks and financial institutions
5) Showrooms
6) Physical fitness clubs, dance studios, and similar uses
Parking
One lot will be reserved for proof-of-parking and the Owner would agree to construct additional
parking if determined necessary by the City.
PRICING SHEET
ADDRESS POTENTIAL SQFT STYLE PRICE
837/841/845 10,176 Walkout Lot $149,000
847/849/851 10,176 Walkout Lot $149,000
853/855/857 5,567 1 - Level Lot $95,000
859/861/836 5,567 1 - Level Lot $95,000
865/867/869 5,080 Interior Lot $95,000
803/807/811 5,567 Interior Lot $95,000
815/819/823 5,567 Interior Lot $95,000
827/831 4,354 Interior Lot $65,000
(763) 275-1515 | 35 Lake Street S. #300, Big Lake, MN 55309 | www.bullseyeproperties.com
837/841/845
847/849/851
85
9
/
8
6
1
/
8
6
3
815/819/823827/831 803/807/81185
3
/
8
5
5
/
8
5
7
SOLD
865/867/869
10,176 s.f.
10,176 s.f.10,176 s.f.
5,567 s.f.5,567 s.f.4,354 s.f
Proof-of-parking
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1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: July 29, 2021
MEETING: August 4, 2021
SUBJECT: Water Conservation – Drought Plan
With more than 50 percent of Minnesota experiencing severe drought and some areas
experiencing extreme drought, on July 16th the Minnesota Department of Natural
Recourses (DNR) determined that the state is now in a drought warning phase.
As is required by our DNR water permit the City must implement its water conservation
plan, with a goal of reducing water use to 50% above January levels.
Actions Implemented to Date
I. Public notice posted on the City of Medina website
II. Public notice posted on the City of Medina Facebook page
III. Public notice posted on entrance doors of City Hall
IV. Water conservation insert mailed to residents with July utility billing
V. Had a discussion with Lennar (Enclave) HOA (our largest water consumer)
Medina City Code 740.12, Administration of Water and Sewer Systems -
Emergency Regulations. The City Council may impose emergency regulations
pertaining to the conservation of water by resolution of the City Council and by giving
notice by publication or by posting in the City Hall and at such public places as the
Council may direct. Whenever the City Council determines that a shortage of water
supply threatens the City, it may, by resolution, limit the times and hours during which
City water may be used for sprinkling, irrigation, car washing, and other external
purposes. After publication of a Notice setting forth the restrictions for use of water for
said purposes, no person shall use or permit water to be used in violation of the resolution
and any customer who does so, shall be charged such sum as established by resolution for
each day of violation and the charge shall be added to the customer's next water bill.
Continued violation shall be cause for discontinuance of water service.
In the event The DNR determines Minnesota has entered the next level of drought phase
(Restrictive Phase) the City will be required to limit water use to 25% above January
levels. Reaching this goal will mandate tight restrictions on irrigation and possibly other
uses. Staff requests authority for the Director of Public Works to limit the times and
MEMORANDUM
Agenda Item #8B
2
hours during which City water may be used for sprinkling, irrigation, car washing, and
other external purposes.
Recommendation
Approve resolution allowing the Director of Public Works to impose a water use
restriction, should the DNR determine Minnesota has entered the Restrictive Drought
Phase, or at the discretion of the Public Works Director.
Resolution No. 2021-##
August 4, 2021
Member _______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2021-##
RESOLUTION ALLOWING THE DIRECTOR OF PUBLIC WORKS TO IMPOSE
WATER USE RESTRICTIONS
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Minnesota Department of Natural Resources (the “DNR”), is determining
statewide drought phase action requirements; and
WHEREAS, the City Council desires to allow the Director of Public Works to impose
water use restrictions limiting the days and hours of outdoor watering to alleviate pressure on the
City’s water system and to protect available and future water supply;
WHEREAS, the water use restrictions will limit outdoor irrigation to alternating days,
allowing property with an address ending in an odd number to irrigate only on odd-numbered days
of the month and property with an address ending in an even number to irrigate only on even-
numbered days of the month; or irrigating on alternating days in zones according to the property’s
HOA zones.
WHEREAS, the water use restrictions will limit the hours of outdoor watering to prohibit
outdoor watering during the hours of 12:01 p.m. through 5:00 p.m. of any day of the week.
WHEREAS, any person who violates the terms of this resolution may be subject to a fine
set forth in Section 2 of this resolution;
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby:
1. Grants authority to the Director of Public Works to impose and further amend, if
necessary, the water use restrictions limiting the days and hours of outdoor
watering, should the DNR determine Minnesota has entered the Restrictive
Drought Phase, or at the discretion of the Director of Public Works to protect
available water supply.
2. Imposes a fine to any person who is found to have violated this resolution as
follows: by a warning for the first violation; a fine of one hundred dollars
($100.00) for the second violation during the calendar year; two hundred fifty
dollars ($250.00) for the third violation during the calendar year; five hundred
dollars ($500.00) for the fourth violation and any violation thereafter during the
same calendar year. Each day of violation shall constitute a separate offense.
Resolution No. 2021-## 2
August 4, 2021
Dated: August 4, 2021.
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member ______
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Planning Department Update Page 1 of 2 August 4, 2021
City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: July 29, 2021
SUBJ: Planning Department Updates – August 4, 2021 City Council Meeting
Land Use Application Review
A) Rolling Green Business Center PUD Amendment – 801-855 Meander Ct – Rolling Green
Business Park Association, Inc. has requested an amendment to the PUD regulating
development of the site to allow additional service/retail uses on the site. The PUD
currently only permits office uses. The Planning Commission held a public hearing at the
July 13 meeting and recommended approval. Staff intends to present to the Council on
August 4.
B) Prairie Creek Preliminary Plat – 500 Hamel Road – Stetler Enterprises has requested
preliminary plat approval for a 17-unit villa development. Staff is conducting a preliminary
review and a public hearing will be scheduled when complete, potentially at the August 10
meeting.
C) Medina Townhomes – 1432 Baker Park Road (County Road 29) – Medina Townhome
Development LLC has requested a Planned Unit Development General Plan and Site Plan
Review for 23 rental townhomes on 2 acres north of Highway 12, east of Baker Park Road.
A public hearing is tentatively scheduled for the August 10, 2021 Planning Commission
meeting.
D) 2832 Hamel Road – Solar Equipment CUP – All Energy Solar has requested a Conditional
Use Permit (CUP) for installation of a 112-panel ground mounted solar array with an area of
2,328 square feet. A public hearing is tentatively scheduled for the August 10, 2021
Planning Commission meeting.
E) Deer Hill Preserve 5th Addition – Deer Hill Road, east of Homestead Tr. – Property
Resources Development Corporation has requested final plat approval for eight of the lots
within the Deer Hill Preserve development. City Council is tentatively scheduled to review
at the August 17 meeting.
F) Sign Ordinance Amendment – Ditter Heating and Cooling has requested that the City
consider amending its Sign Ordinance to increase the allowed height and size of
freestanding signs within the Commercial-General zoning district adjacent to a state
highway – A public hearing is tentatively scheduled for the September 14 Planning
Commission meeting.
G) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and
Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition
to its building. The Planning Commission is tentatively scheduled to review at the
September 14 Planning Commission meeting.
H) Weston Woods Preliminary Plat and PUD General Plan – east of Mohawk Drive, north of
Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Preliminary Plat
and PUD General Plan for development of 76 twinhomes, 42 single-family, and 33
townhomes on the Roy and Cavanaugh properties. The City Council adopted documents of
approval at the January 5 meeting. Staff is coordinating permitting for construction of
Chippewa Road and will await final plat application.
Planning Department Update Page 2 of 2 August 4, 2021
City Council Meeting
I) 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.
J) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Pioneer Trail Preserve –
These projects have been preliminarily approved and the City is awaiting final plat
application.
K) 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.
L) Hamel Haven subdivision – These subdivisions have received final approval. Staff is
working with the applicants on the conditions of approval before the plat is recorded.
Other Projects
A) Wolsfeld Woods Ravine Stabilization – staff met with MnDNR staff along with Minnehaha
Creek Watershed. Over the past few months the DNR has been increasingly indicating that
they believe any work within the SNA is contrary to the goals of the SNA and state rules,
even if the work is intended to reduce erosion and reserve nutrient pollution to the lake. In
addition, the DNR has formally classified the woods as “Old Growth,” which places even
further restrictions on impacts to tress. Staff is concluding that work within the SNA will
not be feasible. Minnehaha Creek staff is consulting with the Board of Water and Soil
Resources (BWSR) to confirm that we will be able to shift the funding to another project
around this lake. If BWSR indicates this is a possibility, staff intends to work with Minnehaha
Creek and adjoining private property owners to identify feasible project(s).
B) Chippewa Road/Arrowhead Drive – Staff has been revieing the proposed roundabout
alignment for the Chippewa Road/Arrowhead Drive intersection from George Stickney,
potential developer of property east of Arrowhead Drive.
C) Uptown Hamel Stormwater credits – Staff has been reviewing stormwater approvals for the
Uptown Hamel Stormwater Improvements. It appears that additional stormwater improvements will
likely be required for new developments in Uptown Hamel because of updated stormwater
regulations since the ponds were constructed in 2006. Staff is attempting to quantify how credits
from what was constructed could be allocated.
D) Intern – Colette Baumgartner – Colette has joined the Planning staff as an intern for the year.
She has already been working on a number of projects and is training on the day-to-day operations
of the City, especially permits, which will be a great help!
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: July 29, 2021
RE: Department Updates
Chief Nelson has been on vacation the last two weeks.
Patrol:
The following are updates of Patrol Officers between July 14, 2021 and July 27, 2021: Officers
issued 10 citations and 19 warnings for various traffic offenses, responded to 4 property damage
accidents, 1 personal injury accident, 8 welfare checks, 12 medicals, 8 suspicious calls, 11 traffic
complaints, 16 assists to other agencies, 15 business/residential alarms.
On 07/14/2021 officers along with Loretto Fire Department responded to a report of a wire down in
the 3300 block of Highway 55. It was discovered that a tree had fallen onto a nearby powerline
which caused the wire to come down. Wright Hennepin Electric was requested to respond to the
scene to make the line safe.
On 07/14/2021 officer responded to assist Corcoran PD with a possible attempted burglary of a
residence. A resident reported an unknown person came to their door and attempted to open it. The
area was checked but the suspect was not located.
On 07/15/2021 officers were dispatched to a verbal domestic in the 300 block of Clydesdale Trail.
Upon arrival and speaking with those involved officers learned a domestic assault had taken place
earlier at a residence in Corcoran. Corcoran was called to respond to take the domestic report.
While officers were waiting for Corcoran PD to respond, a male who was reported to have been
involved pulled into the lot. In speaking with that party, the officers discovered that he was
intoxicated and was placed under arrest for DWI. Corcoran PD came and took the domestic report.
Medina officers processed the DWI arrest.
On 07/16/2021 officers responded to a residence in the 500 block of Clydesdale Circle on a help call.
A female called 911 reporting she needed help and needed an ambulance but would not say anything
else. When officers arrived they found two small children in the home and a female standing in the
garage who would not respond to any questions. The female appeared to be having a mental health
issue. North Ambulance arrived and the female was ultimately transported to the hospital for
MEMORANDUM
evaluation. A Reserve Officer picked up the children’s grandmother to come and watch the children
while their mother was away.
On 07/18/2021 officer was dispatched to a reported structure fire at Lakeshore Park. Upon arrival it
was discovered that the trash cans, porta-potty, and wooden enclosure were all on fire. Loretto Fire
Department arrived and put out the fire. The structure and items within the enclosure was a total
loss. Neighbors heard large fireworks being set off in the area shortly before the fire was reported.
It is not known if the fire was intentional or accidental at this time.
On 07/19/2021 officers responded to 2800 block of Shire Drive on a theft report. Catalytic
converters were stolen from several trucks left parked in the parking lot. These types of thefts have
been increasing in numbers in the metro area due to how easy it is to sell to scrap dealers and the
amount of money that the criminals get for each item.
On 07/21/2021 a juvenile employee was arrested from a business in the 700 block of Highway 55
after it was discovered that she was scratching lottery tickets without paying and then cashing in the
winners. The suspect was booked and released from our office to relatives.
On 07/24/2021 officer and Hamel Fire Department were dispatched to the 500 block of Medina
Road on a report of male unconscious and CPR in progress. It was learned that a male working at a
house under construction collapsed and stopped breathing. CPR was continued and multiple shocks
were administered by an AED. Unfortunately, despite all the excellent efforts of first responders the
patient was declared deceased upon arrival at the hospital.
On 07/24/2021 officer was dispatched to a personal injury accident involving a bicycle in the 3700
block of Hamel Road. Upon arrival officers learned a westbound vehicle on Hamel Road did not see
an eastbound bicycle and made a left-hand turn in front of the bicycle causing a collision. The
bicycle rider sustained minor injuries from the accident.
On 07/26/2021 officer responded to assist Maple Grove PD with a vehicle that was failing to pull
over southbound on County Road 101. The Medina officer assisted with a felony stop of the vehicle
once the driver finally stopped. The driver was arrested by Maple Grove Police.
On 07/27/2021 officers and Hamel Fire Department were dispatched to a person passed out at a
business in the 3900 block of Arrowhead Drive. When officers arrived they learned medical
responders at the business had started CPR on the subject. The subject had regained a pulse and was
breathing on his own by the time North Ambulance arrived on scene. The patient was transported to
the hospital.
Investigations:
Investigating a theft from a residence in the city of Loretto. This has been an on-going issue between
a mother and her son. The son had been pawning items throughout the metro. I am collecting
additional evidence before I submit the case to the Hennepin County Attorney’s office for charging.
Investigating a theft from Target involving an adult female. I learned from Asset Protection that the
female has committed similar thefts in the last few months. The investigation is on-going.
Received a report of a sexual assault that occurred approximately 4 years ago in the city of Medina.
The alleged assault also involved pictures that were taken of the victim by the suspect. The victim
provided a statement, and I am making attempts to locate and interview the suspect. The
investigation is on-going.
In December of 2020, I submitted an administrative subpoena to obtain a suspect’s records for the
app, “Cash App”. On July 20th, 2021, I received those results from that subpoena. I will be making
attempts to interview the suspect and then submit my case to the Hennepin County Attorney’s office
for charging.
Investigating a report of a burglary of a home that is under construction in the city of Medina.
Numerous tools were taken from the construction site. Physical evidence was collected from the
scene. The investigation is on-going.
Received a report of a theft of three catalytic converters from a business. The suspect left no physical
evidence at the scene. The business captured the theft on their surveillance cameras. I sent out a
crime alert with information about the suspect.
Completed a background check for a public works seasonal employee.
There are currently (15) cases assigned to investigations.
1
TO: Mayor Martin and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: July 29, 2021
MEETING: August 4, 2021
SUBJECT: Public Works Update
STREETS
• The Medina Road shouldering project has been paved, the process went very well,
and work was completed in one day. Public Works will have some recon work to
do after the asphalt has cured.
• Work has begun on Highcrest and Oak Circle. Public Works replaced three catch
basins along the roadway as they had deteriorated over the many years of use.
Next, we will repair soft spots, then we will be ready for pavement.
• Inspections are in progress for Phase I of the Reserve of Medina. This is the final
walk through for the Toll Brothers portion of the project.
WATER/SEWER/STORMWATER
• On July 16th the DNR declared a drought warning for the entire state because of
the high heat and lack of rainfall. This means we are required to implement our
water use plan, with the goal to reduce water use to 50% above January levels.
Should the DNR determine Minnesota has entered the “Restrictive Phase” we will
have no choice but to mandate restrictions on water use. Additional information
is included in the packet, and I will have a presentation at the council meeting.
• Our Water Operator will be on medical leave for the month of August. Even
though we are cross trained in this area, there will be a learning curve for the rest
of the crew. I have a lot of knowledge in this department since operating our
water system was my job prior to moving into the Director position.
• The new computer software programs for the water treatment plant are
approximately 90% complete. The software is also installed onto our surfaces
(laptops) so we can monitor the plant remotely.
PARKS/TRAILS
• A small portion of trail on Hunter Drive was replaced along with the parking area
at Medina Morningside.
• Work has begun at Hunter Lions Park (court replacement and ballfield
relocation). The ballfield structures have been removed. The court and storm
sewer have been staked, so we are ready to begin just as soon as the pipe arrives.
MEMORANDUM
2
PERSONNEL
• Public Works is actively searching for a suitable replacement for the vacant
Maintenance Technician position.
• Jeff Bursch has joined the team as a part time worker and is a big help.
ORDER CHECKS JULY 20, 2021 – AUGUST 4, 2021
051807 ACHARYA, UMESH ................................................................... $250.00
051808 CHAPPELL, NICOLE ................................................................. $250.00
051809 CRISOSTOMO, JOSEPH/ASHLEY ............................................... $9.50
051810 GAGNER, TIMOTHY/BRENDA .................................................. $500.00
051811 GIEBEL, ELIZABETH................................................................. $250.00
051812 LEIGHTON, JOHN ..................................................................... $250.00
051813 RAUDA MAHFOUZ .................................................................... $250.00
051814 MN DEPT OF LABOR/INDUSTRY .......................................... $8,538.29
051815 PHAM, CUONG ......................................................................... $112.86
051816 SCHULTZ, JANE ....................................................................... $250.00
051817 SERVION TITLE INC ................................................................. $148.36
051818 WINTER, JEFFREY ................................................................... $885.00
051819 A-1 OUTDOOR POWER INC ....................................................... $39.53
051820 BEAUDRY OIL & PROPANE .................................................. $1,356.55
051821 DDA HUMAN RESOURCES INC ............................................ $3,000.00
051822 DODGE OF BURNSVILLE .................................................... $27,977.00
051823 ECM PUBLISHERS INC ............................................................ $221.62
051824 FEHN COMPANIES INC ......................................................... $4,234.72
051825 FIRST STUDENT LOC 1399 ...................................................... $245.62
051826 GRAINGER............................................................................. $1,746.82
051827 HAWKINS INC. ....................................................................... $3,578.69
051828 HOLIDAY STATIONSTORES LLC ............................................. $238.32
051829 KRAEMER MINING AND MATERIALS ...................................... $739.83
051830 LITTLE FALLS MACHINE INC ..................................................... $96.97
051831 MN DEPT OF LABOR/INDUSTRY ............................................... $35.00
051832 NAPA OF CORCORAN INC ...................................................... $122.39
051833 NELSON ELECTRIC MOTOR REPAIR .................................. $1,100.00
051834 NORTH MEMORIAL .................................................................... $35.00
051835 OFFICE DEPOT ........................................................................ $242.95
051836 CITY OF ORONO ...................................................................... $473.43
051837 STREICHER'S ........................................................................... $119.98
051838 SUN LIFE FINANCIAL ............................................................ $1,498.33
051839 TEGRETE CORP .................................................................... $2,025.00
051840 TIMESAVER OFFSITE .............................................................. $151.00
051841 TITAN MACHINERY .................................................................... $73.65
051842 TOTAL CONTROL SYSTEMS INC. ........................................... $542.48
051843 SSI MN TRANCHE 1 #10322006 ............................................ $6,046.69
051844 SSI MN TRANCHE 3 #10327096 ............................................ $8,388.36
051845 WESTSIDE WHOLESALE TIRE .................................................. $30.00
Total Checks $76,053.94
ELECTRONIC PAYMENTS JULY 20, 2021 – AUGUST 4, 2021
006015E ELAN FINANCIAL SERVICE ................................................. $4,498.78
006016E PR MN Deferred Comp .......................................................... $3,640.00
006017E PR PERA ............................................................................. $19,303.85
006018E PR FED/FICA ...................................................................... $17,589.05
006019E PR STATE OF MINNESOTA ................................................. $4,250.28
006020E CITY OF MEDINA ....................................................................... $22.00
006021E FURTHER ............................................................................. $1,885.20
006022E PR FED/FICA ........................................................................... $316.74
006023E PR STATE OF MINNESOTA ...................................................... $73.17
006024E AFLAC ...................................................................................... $473.48
006025E MEDIACOM OF MN LLC .......................................................... $845.79
006026E FURTHER ............................................................................. $3,219.51
006027E MINNESOTA, STATE OF ...................................................... $2,442.00
006028E DELTA DENTAL .................................................................... $2,567.46
006029E GREAT AMERICA FINANCIAL SERVI ..................................... $178.95
006030E MARCO (LEASE) ................................................................... $1,325.54
006031E WRIGHT HENN COOP ELEC ASSN ..................................... $2,181.48
Total Electronic Checks $64,813.28
PAYROLL DIRECT DEPOSIT – JULY 21, 2021
0511172 BILLMAN, JACKSON CARROLL ............................................... $749.68
0511173 COOK, JUSTIN W ..................................................................... $373.58
0511174 ALTENDORF, JENNIFER L. ...................................................... $700.99
0511175 BARNHART, ERIN A. ............................................................. $2,492.82
0511176 BOECKER, KEVIN D. ............................................................. $3,003.34
0511177 CONVERSE, KEITH A. ........................................................... $2,213.17
0511178 DEMARS, LISA ....................................................................... $1,436.13
0511179 DION, DEBRA A. .................................................................... $2,009.14
0511180 ENDE, JOSEPH...................................................................... $2,283.45
0511181 FINKE, DUSTIN D. ................................................................. $2,649.78
0511182 GALLUP, JODI M. ................................................................... $2,229.92
0511183 GLEASON, JOHN M. .............................................................. $1,835.60
0511184 GREGORY, THOMAS ............................................................ $2,165.59
0511185 HALL, DAVID M. ..................................................................... $2,758.34
0511186 HANSON, JUSTIN .................................................................. $2,947.07
0511187 JACOBSON, NICOLE ................................................................ $854.25
0511188 JESSEN, JEREMIAH S. .......................................................... $2,601.25
0511189 JOHNSON, SCOTT T. ............................................................ $2,093.01
0511190 KLAERS, ANNE M. ................................................................. $1,499.13
0511191 LEUER, GREGORY J. ............................................................ $2,208.98
0511192 MCGILL, CHRISTOPHER R. .................................................. $1,427.18
0511193 MCKINLEY, JOSHUA D .......................................................... $2,922.65
0511194 NELSON, JASON ................................................................... $2,622.71
0511195 REINKING, DEREK M ............................................................ $2,060.48
0511196 SCHARF, ANDREW ............................................................... $2,796.51
0511197 SCHERER, STEVEN T. .......................................................... $2,389.84
0511198 VINCK, JOHN J ...................................................................... $1,793.69
0511199 VOGEL, NICHOLE ..................................................................... $951.77
0511200 ZUMBUSCH, NICHOLAS P ....................................................... $865.97
Total Payroll Direct Deposit $56,936.02
PAYROLL MANUAL CHECK – JULY 21, 2021
020449 VOID. ............................................................................................. $0.00 PRINTING ERROR
020450 ZUMBUSCH, NICHOLAS P. ...................................................... $735.38
Total Payroll Manual Check $735.38