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HomeMy Public PortalAbout09.01.2020 Complete City Council Regular Meeting Packet Posted 08/27/2020 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, September 1, 2020 7:00 P.M. Meeting to be held telephonically/virtually pursuant Minn. Stat. Sec. 13D.021 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the August 18, 2020 Work Session Meeting B. Minutes of the August 18, 2020 Regular Council Meeting V. CONSENT AGENDA A. Approve Broadband Feasibility Study with Hometown Fiber B. Resolution Approving Variance for Setback from Individual Sewage Treatment System at 1075 Oak Circle C. Appoint Justin Popp to the Planning Commission VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Martha Van de Ven – Orono School Referendum Questions VIII. OLD BUSINESS A. Ordinance Amending Regulations Pertaining to Accessory Structures; Amending Chapter 8 of the City Code 1. Resolution Authorizing Publication of Ordinance by Title and Summary IX. NEW BUSINESS A. 2021 Preliminary Budget & Tax Levy 1. Resolution Approving Proposed Tax Levy for 2021 2. Resolution Approving Proposed General Fund Budget for 2021 3. Resolution Reducing Debt Service Tax Levies for 2021 4. Establish Public Discussion Date for Final 2021 Tax Levy and Budget B. Kayla Brugger – 1345 Elsinore Circle – Conditional Use Permit for Home Occupation C. Ditter Properties – 2032-2052 Holy Name Drive – Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Interim Use Permit X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS XIII. ADJOURN Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122 Enter Conference ID: 751 668 367# MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: August 27, 2020 DATE OF MEETING: September 1, 2020 SUBJECT: City Council Meeting Report Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122; Enter Conference ID: 751 668 367# V. CONSENT AGENDA A. Approve Broadband Feasibility Study with Hometown Fiber – Approve Broadband Feasibility Study with Hometown Fiber. Staff provided an update to the City Council at the August 18th Work Session. The proposed feasibility study through Hometown Fiber will investigate alternative broadband options for residents and businesses in Medina. The study will be paid for through CARES Act funds. The study falls under the guidelines of improving telework capabilities and distance learning. Staff recommends approval of the $5,995 study. See attached proposal. B. Resolution Approving Variance for Setback from Individual Sewage Treatment System at 1075 Oak Circle – Council reviewed this item at the August 18th meeting and directed staff to prepare the attached resolution for approval. Staff recommends approval. See attached resolution. C. Appoint Justin Popp to the Planning Commission – Council Member Todd Albers, Planning Commission Chair Robin Reid, and Planning Director Dusty Finke are recommending the appointment of Justin Popp to fill the open Planning Commission seat. The current term expires on December 31, 2020. See attached information. VII. PRESENTATIONS A. Martha Van de Ven – Orono School Referendum Questions – Martha Van de Ven will be at the meeting to provide a brief presentation on the upcoming Orono School technology referendum question. See attached information. 2 VIII. OLD BUSINESS A. Ordinance Amending Regulations Pertaining to Accessory Structures; Amending Chapter 8 of the City Code – The City Council discussed this topic at their June 2nd meeting. The Council raised concerns about the impacts of accessory structures on views and discussed potential architectural requirements. The Council referred the ordinance back to the Planning Commission for further discussion. The Planning Commission again discussed at the July and August meetings and requested that staff update the requirements for shed size and setbacks to be more of a “sliding scale” based on the size of the property. See attached memo, ordinance, and resolution. Recommended Motion #1: Motion to adopt the ordinance amending regulations pertaining to accessory structures [with any changes requested by the City Council]. Recommended Motion #2: Motion to adopt resolution authorizing the publication of ordinance by title and summary IX. NEW BUSINESS A. 2021 Preliminary Budget & Tax Levy – Staff will provide a brief presentation on the proposed tax levy and general fund budget at the regular council meeting. A budget open house will take place at the 6 PM Work Session. The proposed 2021 General Fund budget is included with the packet. See attached resolutions. Recommended Motion # 1: Adopt the resolution approving the 2021 preliminary tax levy. Recommended Motion # 2: Adopt the resolution approving the 2021 preliminary general fund budget. Recommended Motion # 3: Adopt the resolution reducing debt service tax levies for 2021. Recommended Motion # 4: Establish the 2021 final tax levy and budget discussion for December 1, 2020 at 7:00 p.m. B. Kayla Brugger – 1345 Elsinore Circle – Conditional Use Permit for Home Occupation – Kayla Brugger has requested a conditional use permit (CUP) to provide fitness instruction out of her home at 1345 Elsinore Circle. The subject property is located within the Medina Morningside neighborhood at the southwest corner of Elsinore Circle and Bobolink Road. The applicant proposes to provide the instruction in a tuck-under garage which will be finished for the use. The subject property and all surrounding lots are zoned Urban Residential (UR). “Home occupations in compliance with the requirements of section 826.98 subd. 2(c)” is an allowed conditional use in the UR district. The applicant has 3 indicated that no more than three clients would be expected on a given day, and no more than 6-10 per week. The clients would park in the driveway off Elsinore Circle. See attached report. Potential Motion: Move to direct staff to draft a resolution granting conditional use permit approval subject to the conditions noted in the staff report. C. Ditter Properties – 2032-2052 Holy Name Drive – Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Interim Use Permit – Jim and Tom Ditter (Ditter Properties) have submitted land use requests to allow subdivision of 4 parcels they own into 5 lots. The four existing parcels are a total of approximately 25 acres, and each range in size from 3-8.5 acres, located east of Holy Name Drive and north of Holy Name Cemetery. See attached report. Potential Motion: Move to direct staff to draft documents granting conditional approval of the Comprehensive Plan Amendment, and approval of the Rezoning, Preliminary Plat, and Interim Use Permit subject to the conditions noted in the staff report. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005625E-005641E for $55,582.57 and order check numbers 050588-050654 for $250,973.27, payroll EFT 0510439-0510466 for $52,814.33. INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Special Meeting Minutes 1 August 18, 2020 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF AUGUST 18, 2020 The City Council of Medina, Minnesota met in work session on August 18, 2020 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Martin, Anderson, Albers, DesLauriers, Pederson Members absent: Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi Gallup, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Police Sergeant Kevin Boecker, and Planning Director Dusty Finke II. 2021 Preliminary Budget Discussion Finance Director Erin Barnhart informed the City Council that the preliminary levy will be set at the September 1st City Council meeting. The final levy for 2021 will be set at the December 1st City Council meeting. The preliminary levy amount can only be decreased after it is set by the City Council on September 1st. Staff was directed to move forward with a flat tax rate of 22.492% for 2021. Barnhart reviewed the 5%, 10%, and 15% revenue loss scenarios for 2022, 2023, and 2024 that were requested by the City Council. Council thanked Barnhart for the valuable information. Staff was reminded by the City Council to remain prepared and mindful of future expenditures. Staff was also asked to be aware of possible future major expenditures that could be cut. Barnhart also provided an update on the CARES Act funding. Medina has approximately $40,000 to $50,000 in expenditures that will be reimbursed under the CARES Act. The City Council was supportive of staff being proactive on making application for public safety payroll expenditures and holding the amount in reserve. The Loretto Fire Department received FEMA reimbursement for their Personal Protective Equipment cost due to COVID-19. Council directed staff to pay our portion of the cost of the remaining 25% of the FEMA match with Medina’s CARES Act funds. Council agreed that the reimbursement for FEMA funds is available to all four fire departments. City Administrator Scott Johnson informed the City Council about a meeting that Planning Director Dusty Finke and he attended with Hometown Fiber from Maple Grove. Hometown Fiber would like to conduct a broadband feasibility study for Medina at a cost of $5,995. Staff continues to hear from Residents about poor service from our existing carriers. This has only increased due to the COVID-19 requirement to work and provide school from home. The feasibility study would provide what options exist in Medina to expand and increase broadband options to improve service in Medina. Staff is looking into using CARES Act funds to pay for the feasibility study. If these funds are not available, then staff is recommending the use of franchise fees to fund the study. Council Medina City Council Special Meeting Minutes 2 August 18, 2020 directed staff to bring forward the feasibility study option to the September 1st City Council meeting. Barnhart reviewed the proposed changes from staff to the CIP. Projects and equipment were spaced out further into the future. The projects and equipment are reviewed yearly and can be accelerated if the economy improves and Medina has stable funding. Council Members asked questions regarding equipment and project expenditures, fire expenditures, and directed staff to include fire contract expiration information with the CIP. Staff will bring the final CIP forward for approval at the December 1st City Council meeting. Adjourn Anderson made a motion to adjourn the meeting at 6:49 p.m. Albers seconded the motion. Pederson Aye Anderson Aye DesLauriers Aye Albers Aye Martin Aye _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes August 18, 2020 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 18, 2020 3 4 The City Council of Medina, Minnesota met in regular session on August 18, 2020 at 5 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin read aloud a statement explaining that all Council and Commission meetings will 8 continue to be held virtually due to the ongoing pandemic. She reviewed the instructions 9 on how members of the public can participate in the meeting. 10 11 I. ROLL CALL 12 13 Members present: Albers, Anderson, DesLauriers, Martin, and Pederson. 14 15 Members absent: None. 16 17 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 18 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 19 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 20 Sergeant Kevin Boecker. 21 22 II. PLEDGE OF ALLEGIANCE (7:09 p.m.) 23 24 III. ADDITIONS TO THE AGENDA (7:10 p.m.) 25 The agenda was approved as presented. 26 27 IV. APPROVAL OF MINUTES (7:10 p.m.) 28 29 A. Approval of the August 4, 2020 Regular City Council Meeting Minutes 30 Martin noted that prior to the meeting Johnson distributed proposed corrections to the 31 minutes that she submitted. 32 33 Moved by Martin, seconded by Anderson, to approve the August 4, 2020 regular City 34 Council meeting minutes as amended. 35 36 A roll call vote was performed: 37 38 Pederson aye 39 Anderson aye 40 DesLauriers aye 41 Albers aye 42 Martin aye 43 44 Motion passed unanimously. 45 46 V. CONSENT AGENDA (7:11 p.m.) 47 48 A. Resolution Accepting Donation of Masks 49 B. Resolution Accepting Public Utilities Within the Reserve of Medina 2nd 50 Addition 51 Medina City Council Meeting Minutes August 18, 2020 2 Moved by Pederson, seconded by DesLauriers, to approve the consent agenda. 1 2 A roll call vote was performed: 3 4 Pederson aye 5 Anderson aye 6 DesLauriers aye 7 Albers aye 8 Martin aye 9 10 Motion passed unanimously. 11 12 VI. COMMENTS (7:13 p.m.) 13 14 A. Comments from Citizens on Items not on the Agenda 15 There were none. 16 17 B. Park Commission 18 Scherer reported that the Park Commission will meet the following day to discuss the 19 Ditter subdivision request, specific to park dedication. The Commission will also review 20 the three concepts for Hunter Lions Park and will also discuss field improvements with 21 Hamel Athletic Association. 22 23 C. Planning Commission 24 Planning Commissioner Grajczyk reported that the Planning Commission met the 25 previous week to consider the Ditter subdivision request and recommended approval of 26 the Comprehensive Plan amendment, Rezoning, Preliminary Plat, and Interim Use 27 Permit. He stated that the Commission also reviewed a Conditional Use Permit for a 28 Home Occupation Permit for in-home fitness and recommended approval. He noted that 29 the Commission also reviewed the ordinance related to setbacks for accessory 30 structures which included a sliding scale that would link the size of the allowed 31 accessory structure to the size of the property. He stated that the Commission 32 recommended approval of the ordinance as proposed by staff. 33 34 VII. OLD BUSINESS 35 36 A. Tamarack Drive Corridor Visioning Study – Final Concept Plan (7:27 p.m.) 37 Johnson stated that at the July 21st meeting the Council reviewed this concept and 38 directed staff to work with the adjacent property owners in order to develop a plan that 39 meets the interests of all parties. He stated that staff held that meeting and thought that 40 all the parties agreed on the proposal being presented tonight. He stated that emails 41 were received from Anderson and Eric Miller, representing the Cavanaughs, that were 42 distributed to the Council. He stated that this is a visioning study that sets the 43 parameters for the corridor. 44 45 Martin stated that this does not commit the City or any parties to these improvements 46 and is simply an intent to guide future development of the corridor. 47 48 Stremel provided background information on the process thus far. He stated that a draft 49 of the final study was presented at the last meeting with a review of the concept plan. 50 He stated that comments were provided from adjacent landowners and the direction 51 Medina City Council Meeting Minutes August 18, 2020 3 from Council was for staff to setup a meeting with the adjacent landowners to further 1 discuss the corridor. He felt that the meeting went well and there were great discussions 2 for the corridor and adjacent development needs. He provided a comparison of the 3 previous concept and the revised concept. He stated that there is general support for 4 the roundabout in the newly proposed location. He highlighted the additional elements 5 that were added to the new concept following the meeting with those landowners. He 6 stated that the next step would be for the Council to adopt the study with the fully 7 signalized intersection at TH 55. 8 9 Martin appreciated the work that was put into the revised plan. 10 11 Albers asked how far south the roundabout shifted and whether the amount of right-of-12 way is equitable between the property owners. 13 14 Stremel replied that the roundabout was moved about 60 feet to the south, which was as 15 far south as staff was comfortable with. He stated that staff attempted to make the right-16 of-way split as equitable as they could. 17 18 Pederson asked for details on the Loram property and the wetland. 19 20 Stremel confirmed that Loram would need access from Tamarack because of the 21 wetland location. 22 23 Pederson asked if Loram was comfortable with the right-of-way being taken. 24 25 Stremel stated that he did not receive a response from Loram but noted that the median 26 cannot be reduced because of quiet zone requirements. He stated that they have not 27 yet received a development plan for that portion of the Loram property. 28 29 Finke stated that Loram’s interest was to minimize the right-of-way as much as possible. 30 He commented that the right-of-way split is 2 to1 between the City and Loram. 31 32 DesLauriers asked if Wayzata Schools was invited to the meeting with staff. 33 34 Finke stated that he was unsure if the School District was invited to this discussion as 35 the corridor study concentrated on the north side. He stated that the School District has 36 been a part of the broader process. 37 38 DesLauriers stated that the previous discussion was for a desire to move the roundabout 39 closer to the lot lines. He asked if the property owners were in agreement with the 40 alignment. 41 42 Stremel stated that it is not a straight alignment, noting that typically roundabouts have 43 some curve to them, and staff did the best they could to balance the right-of-way needed 44 on all properties. 45 46 DesLauriers commented that he is concerned with the intersection to the north coming 47 out of Lennar, noting that could be very troublesome with people coming from that 48 access, the roundabout, and from Meander. 49 50 Medina City Council Meeting Minutes August 18, 2020 4 Stremel replied that the idea would be that the roundabout would serve as the primary 1 commercial access and the Lennar access would have less commercial access. He 2 stated that the amount of traffic generated from the residential side would be less than 3 the commercial side and noted that the peak times for residential and commercial are 4 usually different. 5 6 DesLauriers stated that he would like to limit the volume to that intersection. 7 8 Stremel stated that based on input from adjacent landowners, it was important for them 9 to have a second access to the commercial properties. 10 11 Martin asked the concern of DesLauriers. 12 13 DesLauriers stated that he is concerned with the volume of traffic in the roundabout and 14 then with the Lennar and Meander intersections. 15 16 Martin stated that she is not bothered by the proposed alignment. She stated that other 17 cities have roundabouts and straight intersections that seem to work fine. She believed 18 that there was sufficient length available for those actions. 19 20 Anderson stated that he can see the point of DesLauriers and asked if there is a right-in 21 or left-out for Lennar. 22 23 Stremel stated that there is no right-out but there is a southbound left turn into the 24 development. 25 26 DesLauriers asked and received confirmation that vehicles coming from Lennar could go 27 left, right, or straight. 28 29 Finke stated that the volumes are slightly higher for Tamarack north of the roundabout 30 than Meander but not by much. 31 32 Stremel stated that the traffic flow between the intersections was not updated. He stated 33 that given that the roundabout would serve as the primary access to commercial, there 34 would be a reduction in the flow to the secondary commercial access and then further 35 north to Meander. He again mentioned that the peak times for the commercial and 36 residential properties would be different. 37 38 Finke stated that the intent would be to have a low speed for the corridor, at 30 mph, 39 further slowed by the roundabout. 40 41 Anderson referenced the projected cost for the south portion and asked if the intent 42 would be that Wayzata Schools and other developers would pay for those 43 improvements. 44 45 Stremel replied that much of the cost to the south is the railroad crossing. He stated that 46 cost would be split between the properties to the south side: Wayzata Schools, the City, 47 and Loram. 48 49 Finke commented that based on acreage, most of the property in that area is owned by 50 the School District. 51 Medina City Council Meeting Minutes August 18, 2020 5 1 DesLauriers commented that Wayzata appears to own the majority of the land on the 2 south side and therefore it would seem that they should have been involved. 3 4 Finke stated that the School District has been involved in the process throughout, with 5 the exception of the last meeting to discuss the improvement to the north. 6 7 Martin confirmed that the School District was involved in the discussions but most likely 8 did not have any interest in the improvements to the north that were discussed at the last 9 meeting. 10 11 Pederson stated that it was his understanding that the railroad crossing improvements in 12 other areas included grant funds to implement quiet zones and the remaining funds were 13 paid by the City. 14 15 Stremel stated that the railroad improvements could be paired with the TH 55 16 intersection. He confirmed that it would be a City project. 17 18 Pederson noted that the last three quiet zone projects were City projects that involved 19 grant funds and he would then think this would follow the same process. 20 21 Martin agreed that she would not be willing to commit City funds if there were not grant 22 funds involved. She noted that if the improvement is desired without grant funds 23 because of development, that cost could involve participation from the developers. 24 25 Pederson stated that he believed that access should be provided to the Cavanaugh 26 property to ensure that area is viable and successful and therefore supports the 27 alignment as proposed. 28 29 Stremel commented that turn lanes were added along with the slow speed to ensure that 30 could be provided safely. 31 32 Eric Miller, representing the Cavanaughs, stated that they recognize that a certain 33 amount of the improvements are going to move forward with the townhome development 34 that will set an alignment for the roadway based on the visioning study. He stated that 35 they are still uncertain as to the financial obligations, stormwater management 36 allocations and right-of-way dedication that would be necessary. He stated that they are 37 concerned that there will be a question placed upon the Cavanaughs for right-of-way 38 dedications to be provided to support the development to the south. He stated that they 39 will want a clear picture of the entire project and related obligations. He stated that they 40 would like to move forward with full transparency and hopes that they will not be put in a 41 position where they do not have time to think through the requests in a thoughtful and 42 responsible manner. He stated that just because they are not objecting to this does not 43 mean they fully support requests that could be made in the future to support 44 development to the south. 45 46 Anderson commented that this is a visioning study that would not commit the City to 47 expenditure of funds. He referenced a portion of the study that states it is not 48 anticipated that a cost share of the Hamel Road or TH 55 would be possible, and that 49 the City would need to fund a portion of the watermain loop. He stated that on the one 50 hand the City wants to move ahead and adopt the visioning study, but within the study it 51 Medina City Council Meeting Minutes August 18, 2020 6 is clear that two primary funding sources, Hennepin County and MNDOT, would not be 1 available for the cost-shares of those intersections. He stated that if a motion is made, 2 he would want a statement made that makes it clear that at this time the City will not 3 bear any costs associated with this project. 4 5 Martin stated by adopting the visioning study the City is not committing any funds. She 6 stated that in the future there may be a decision for the City to contribute funds. She 7 recognized the language and at this time the City does not have funding partners but 8 that does not mean there may not be partners in the future. She confirmed the 9 consensus of the Council that adopting the visioning study would not commit the City to 10 expenditure of funds. 11 12 Moved by Martin, seconded by Anderson, to adopt the Tamarack Drive Corridor 13 Visioning Study with fully signalized intersection at TH 55 provided, however that in 14 adopting such visioning study the City Council does not commit to spending funds for 15 any of the road improvements envisioned by the study or taking any additional steps as 16 outlined in the study. 17 18 A roll call vote was performed: 19 20 Pederson aye 21 Anderson aye 22 DesLauriers nay 23 Albers aye 24 Martin aye 25 26 Motion passed. 27 28 DesLauriers stated that he supports the roundabout and signalized traffic signal but does 29 not support the secondary Lennar access. 30 31 VIII. NEW BUSINESS 32 33 A. John and Mary Bartzen – Variance for Setback for Individual Sewage 34 Treatment System (ISTS) to Wetland – 1075 Oak Circle – Public Hearing 35 (8:18 p.m.) 36 Finke stated that the 75-foot setback from wetlands is an additional regulation that the 37 City chose to adopt as State Code does not require a minimum setback from wetlands. 38 He stated that the Septic Ordinance and State Statute allows the City to consider a 39 variance. He commented that this is a fairly small lot for a rural lot and is similar in size 40 to the other adjacent lots. He stated that there is no other viable alternative for treatment 41 on this site and therefore the alternative would be to convert to holding tanks which 42 would be extremely expensive. He stated that the septic designers recommended 43 annual review to determine if operational changes are needed to extend functionality 44 and the life of the system. He stated that staff recommends approval based on the 45 criteria noted and the conditions suggested. He stated that the applicants have sold the 46 property since application, but the new property owner is on the call. 47 48 Martin stated that she appreciates that the City setbacks are more stringent than the 49 State in order to protect natural resources. She stated that she does support the 50 variance for this request and finds the City regulations to be reasonable and appropriate. 51 Medina City Council Meeting Minutes August 18, 2020 7 1 Martin opened the public hearing. 2 3 No comments made. 4 5 Martin closed the public hearing. 6 7 Moved by Anderson, seconded by DesLauriers, to direct staff to draft a resolution 8 approving the variance subject to the conditions noted in the staff report. 9 10 A roll call vote was performed: 11 12 Pederson aye 13 Anderson aye 14 DesLauriers aye 15 Albers aye 16 Martin aye 17 18 Motion passed unanimously. 19 20 B. US Home Corp (Lennar) – Meadow View Townhomes – Rezoning and 21 Preliminary Plat – North of Hwy 55, South of Meander Road, West of CR 116 22 (8:27 p.m.) 23 Finke presented a request for a 125-unit townhome development on the subject 24 property. He stated that in order to carry forward a rezoning to R-3 and a preliminary 25 plat would be necessary. He stated that the portion of the site proposed to be developed 26 with townhomes is part of a larger site that is split in the Comprehensive Plan between 27 medium density residential in this location and commercial for the remainder of the 28 property south to TH 55. He stated that the proposed density falls within that identified 29 density range and the site is within the current staging period. He reviewed the adjacent 30 property uses and future land guidance. He displayed the proposed site layout and 31 provided details on the primary and secondary access points and noted that the streets 32 are proposed to be private. He stated that this proposal includes less units than the 33 original concept plan and noted that the garage size would meet the City’s requirement 34 for minimum garage size. He stated that staff recommends approval of the rezoning 35 contingent upon the development moving forward. 36 37 Martin asked if anyone has questions related to the rezoning. 38 39 DesLauriers stated that there do not appear to be any other options for rezoning. 40 41 Batty stated that zoning has to be consistent with the Comprehensive Plan. He stated 42 that with other cases there are multiple zoning districts that would fit within the guidance 43 of the Comprehensive Plan but in this case this is the only zoning district that would fit 44 within the guidance of the Comprehensive Plan. 45 46 Finke stated that the range of density within this land use is fairly narrow and therefore it 47 would not make sense to have multiple zoning districts that would apply. He stated that 48 all of the units are proposed to be side by side townhome units. He stated that there are 49 27 buildings, most with four or five units. He stated that the applicant has proposed 50 Medina City Council Meeting Minutes August 18, 2020 8 private trails, open space, and additional sound suppression to gain the additional .75 1 density proposed. 2 3 Martin asked for details on the bonus density and how that is calculated. 4 5 Finke replied that one half unit per acre is provided for sound suppression and the 6 private trails and open space would equate to the .25 unit per acre. He commented that 7 staff is suggesting that the grading be adjusted in one of the open areas to be more 8 conducive to a recreational play area. 9 10 Martin asked if anyone had questions in respect to the layout, density, bonus density or 11 site plan. 12 13 Anderson referenced the density and stated that he is curious as to whether there was 14 any discussion with the development about the inclusion of affordable housing within this 15 project. 16 17 Finke stated that there were discussions early on in the process and the applicant 18 investigated that option but did not carry on with that element. 19 20 Anderson stated that he does not believe that 6.25 should be allowed if the developer is 21 not interested in pursuing affordable housing and should receive the base minimum in 22 terms of density. 23 24 Batty stated that the Council has some discretion with the recreational facilities but is 25 unsure that the Council would have the same discretion with the sound suppression as 26 that is laid out in the Ordinance. 27 28 Finke agreed with Batty’s comments that based on the information in the ordinance that 29 6.5 units per acre would be met. He stated that the .25 for open space and other 30 amenities would also seem appropriate but noted that the Council could discuss that 31 further. He noted that the developer would also be constructing a public trail adjacent 32 Tamarack Drive which is above the park dedication requirements. 33 34 Pederson stated that it seems that this meets the straight zoning aspects and he is fine 35 with the density. 36 37 Martin agreed that she believed that this met the requirements. 38 39 Albers commented that he is also okay with the proposal and increased density based 40 off the additional elements being provided. 41 42 DesLauriers stated that he spoke with Finke earlier today to gain additional information 43 on sound suppression. He stated that perhaps the City could discuss that element more 44 in the future as he is unsure of the public benefit provided through sound suppression. 45 He commented that he believes that sound suppression should instead perhaps be a 46 Code requirement and not something that generates an additional density bonus. 47 48 Finke stated that the proposed units are similar to the constructed units in the northeast 49 corner of the Enclave. He stated that the front facades facing the interior townhome 50 roads appear to meet the requirements of the zoning district, however the rear of the 51 Medina City Council Meeting Minutes August 18, 2020 9 units do not appear to include those accent materials. He stated that staff suggests that 1 the accents be added to the rear of the buildings facing the public roadways. He 2 provided details on transportation noting that the interior roads would be privately 3 maintained. He stated that the existing traffic volume on Meander plus this development 4 would not generate the needed traffic counts to trigger the signal at TH 55. He stated 5 that this development would trigger some development of the Tamarack Drive project 6 including dedication of the designated right-of-way for the Tamarack Drive project. He 7 stated that staff also recommends that the portion of Tamarack Drive adjacent the 8 residential development be constructed with the stormwater from that segment being 9 contained within the subject site. He stated that there would also be a requirement of 10 contribution towards the broader Tamarack Drive improvements in the future. 11 12 Martin referenced an email received tonight from a resident, noting that the target of the 13 comments are related to the right-of-way and conditions five, six and seven. 14 15 Martin commented that she believes that it is important to have the secondary access for 16 the development to ensure there are two ways in and out of the development and 17 confirmed that consensus of the Council. She agreed that the right-of-way for Tamarack 18 Drive should be dedicated at this time with the plat. 19 20 Batty stated that the comment from the property owner objected to taking right-of-way on 21 the southern portion of the property as that is not being developed. He stated that this 22 platting includes the subdivision and it has been the practice of the City to obtain right-of-23 way when it is being platted and therefore he highly recommended that the right-of-way 24 be dedicated on the east side down to TH 55. He stated that even though the Lennar 25 property is proposed to be developed, the entire property is being platted. 26 27 Martin asked staff if the financial contribution towards broader improvements in the 28 corridor would be done through an agreement or whether that contribution would be 29 required at this time. 30 31 Batty stated that he believes this would take the form of a petition and waiver and a 32 proportionate share would be allocated in the future. 33 34 Martin stated that the City would not look for this property owner to fund the 35 improvements entirely, but it would instead be an appropriate cost-share. 36 37 Batty confirmed that this property owner would not be responsible for the entire cost. He 38 stated that part of the Study was allocating specific traffic counts to each parcel based 39 on future development projections and the development costs would be similarly split. 40 41 DesLauriers referenced the fourth condition and stated that he agrees with the language 42 as the City will be asking for a contribution towards the broader improvements and 43 therefore does not believe that should be a discussion. He confirmed that condition 44 seven contains the appropriate language. 45 46 Martin stated that it is her understanding that if the right-of-way is available, the entire 47 segment of Tamarack Drive should be constructed from TH 55 to Meander and would 48 bear 100 percent of the construction costs, should the neighboring property owner 49 provide that right-of-way. She stated that if the neighboring property owner does not 50 contribute the land, Lennar would only build out the portion of the road possible. She 51 Medina City Council Meeting Minutes August 18, 2020 10 asked if Lennar would need to contribute to the additional cost of widening the road 1 when the additional right-of-way becomes available. 2 3 Finke stated that was the intent and confirmed that condition five provides language. 4 5 Martin stated that she would prefer that language be made clearer. 6 7 Finke confirmed that staff could review that language to ensure it is clear. He stated that 8 the park dedication for the subject site was previously dedicated as a portion of what is 9 now Fields of Medina. He explained that the full park dedication requirement was taken 10 for the entire property when the Fields of Medina was constructed and therefore 11 additional park dedication is not required for this development or the future development 12 to the south when that occurs. He noted that the construction of the trail along 13 Tamarack Drive and interior private trails will be provided as part of the density bonus. 14 He stated that the developer proposed to have the interior trails public as well, but the 15 Park Commission recommended that the interior trails be private and maintained by the 16 development. 17 18 Anderson commented that his only concern is that the plat does not include affordable 19 housing, recognizing that it is not necessarily a criteria to consider but will be a 20 consideration of whether he approves the request. 21 22 DesLauriers stated that he does not support the access onto Tamarack and believes the 23 second access should be placed on Meander. 24 25 Paul Tibone, Lennar, thanked the City for working with them to get to this point. He 26 thanked City staff for working with them on the Tamarack Drive elements. He stated that 27 they are excited about this opportunity and to make a contribution to the City and fulfill a 28 substantial market need in this area for townhomes. He stated that in April they 29 provided a Concept Plan and serious concerns were raised by the residents to the north 30 and members of the Council related to density. He stated that following that direction he 31 reduced the number of units by 13, which makes it more difficult to allocate affordable 32 units and spread the cost over the remaining unit. He stated that they have had 33 discussions with staff related to adding additional architectural measures to the rears of 34 the buildings as mentioned by staff and will continue to work with staff to meet that 35 requirement. He thanked Stremel for holding the additional meeting with the landowners 36 related to the Tamarack Drive improvements. He stated that Lennar supports the 37 alignment as adopted tonight but they would like more clear definition of the future 38 contribution that would be required for the broader improvements. He stated that they 39 would want to ensure that the cost-share is equitable to everyone in the corridor. He 40 stated that it appears that as written Lennar would be responsible for full construction of 41 Tamarack Drive from TH 55 through to their access point if the full right-of-way can be 42 dedicated from the other property owner. He stated that Lennar would not want to be 43 responsible for the cost of the full width of the road. He stated that Lennar included a 44 second access to Meander, but the City instead wanted that off Tamarack Drive. He 45 noted that they would be willing to change that second access if the City desires that. 46 He stated that they will continue to work with staff on the Final Plat and hope to begin 47 grading this fall. 48 49 Pederson asked if there would still be a need for Lennar to dedicate Tamarack Drive 50 right-of-way if the secondary access is provided from Meander rather than Tamarack. 51 Medina City Council Meeting Minutes August 18, 2020 11 1 Martin stated that part of the reason the secondary access on Tamarack was provided 2 was to minimize the traffic impact immediately across from the Fields of Medina. 3 4 Pederson stated that he agrees and prefers the secondary access onto Tamarack. 5 6 Martin stated that access is needed for fire and public safety purposes. 7 8 Batty stated that he does not think that changing the access would make any difference 9 in the dedication of right-of-way. He noted that the dedication of right-of-way would still 10 be required as the property is being platted and it would not be linked to the access. 11 12 Finke stated that there are benefits to having the secondary access on Tamarack in 13 order to minimize the impact onto Meander. He stated that having the access on the 14 west provides the best circulation for school buses and delivery trucks. 15 16 Tibone asked for clarification on whether Lennar would be responsible for the cost of 17 construction of the northern portion of Tamarack Drive and whether there would be cost 18 sharing for any of the property to the west. 19 20 Martin confirmed that it would be the responsibility of Lennar. 21 22 Tibone asked if that would be proportionate. 23 24 Batty stated that his comments related to proportionate cost were related to the petition 25 and waiver for the broader corridor improvements. He explained that whoever comes in 26 first often bears a more significant portion of the construction of the road. 27 28 Martin stated that she would assume that if the first developer does not construct that 29 improvement, it would fall to the City and the City would not develop a roadway that only 30 benefits one property owner at this time. 31 32 Batty explained that someone has to go first in development and the City has 33 traditionally said that one of the costs of being first in is that developer bears a 34 disproportionate portion of that cost. He stated that the City is attempting to make that 35 fair, to the extent possible in only having Lennar construction the amount of roadway 36 necessary to support its development. 37 38 Finke stated that what is being required are the public improvements necessary to 39 support the development proposed at this time. He stated that it can be considered 40 unfair that the improvement could provide benefit to another property owner, but this 41 improvement would be necessary to support this development. 42 43 Moved by Martin, seconded by Albers, to direct staff to prepare documents granting 44 rezoning and preliminary plat approval for the Meadow View Townhomes, subject to the 45 conditions noted in the staff report with additional clarity added to condition five. 46 47 A roll call vote was performed: 48 49 Pederson aye 50 Anderson nay 51 Medina City Council Meeting Minutes August 18, 2020 12 DesLauriers nay 1 Albers aye 2 Martin aye 3 4 Motion passed. 5 6 Anderson stated that he believes that any development that does not include some 7 portion of affordable housing is not only a mistake but bad public policy. 8 9 Martin stated that she would agree that the City needs more affordable housing but does 10 not believe the City has the authority to deny the request based on that element. 11 12 DesLauriers stated that he has a huge safety concern with the secondary access for 13 Lennar onto Tamarack Drive. 14 15 IX. CITY ADMINISTRATOR REPORT (9:43 p.m.) 16 Johnson had nothing further to report. 17 18 X. MAYOR & CITY COUNCIL REPORTS (9:43 p.m.) 19 Anderson stated that he understands Matrix conducted a review of Fire Stations and 20 asked if there was a report provided. 21 22 Johnson stated that a draft report should be provided in a few weeks and noted that 23 once the draft report is ready, he will forward it to the Council. 24 25 XI. APPROVAL TO PAY THE BILLS (9:43 p.m.) 26 Moved by Anderson, seconded by DesLauriers, to approve the bills, EFT 005608E-27 005624E for $50,646.06, order check numbers 050527-050587 for $232,733.83, and 28 payroll EFT 0510407-0510438 for $51,842.07. 29 30 A roll call vote was performed: 31 32 Pederson aye 33 Anderson aye 34 DesLauriers aye 35 Albers aye 36 Martin aye 37 38 Motion passed unanimously. 39 40 XII. ADJOURN 41 Moved by Anderson, seconded by DesLauriers, to adjourn the meeting at 9:45 p.m. 42 43 A roll call vote was performed: 44 45 Pederson aye 46 Anderson aye 47 DesLauriers aye 48 Albers aye 49 Martin aye 50 51 Medina City Council Meeting Minutes August 18, 2020 13 Motion passed unanimously. 1 2 3 __________________________________ 4 Kathy Martin, Mayor 5 Attest: 6 7 ____________________________________ 8 Scott Johnson, City Administrator 9 Agenda Item # 5A I I HOMETOWN FIBER OWN YOUR INTERNET Broadband Feasibility Study For Medina August 13, 2020 HOMETOWN FIBER, LLC 18457 Gladstone Blvd N I Maple Grove, MN 55311 763.299.5900 I knowmore@yourhometownfiber.com yourhometownfiber.com Table of Contents  Proposal for Broadband Feasibility Study 3  Deliverables 3  Grant Applications 4  Cost Estimate 5  Timeline 5  Conclusion 5  Hometown Fiber: New Company, Industry Veterans 6  References For Kyle Moorhead 6    yourhometownfiber.com​ Page ​2​ of ​6 Proposal for Broadband Feasibility Study  Hometown Fiber’s Broadband Feasibility Study delivers a report providing community leaders with details and data needed to make an informed decision necessary to meet the broadband service needs for the community of Medina. Citizen leaders, city staff, city administration and ultimately the Medina City Council will have an extensive study documenting costs, advantages, and disadvantages of four options: ●Keep existing internet infrastructure ●Fund upgrades to an existing ISP-owned network ●Fund construction of your own broadband infrastructure without becoming an ISP ●Consider other/hybrid approaches including 5G, emerging satellite technologies, other wireless options, fiber optic-backed copper systems, etc. Deliverables  ●Meet with city leadership to define priorities and goals for broadband in Medina ●Conduct a comprehensive field analysis and inventory of existing technology, including cable, fiber, telephone, wireless, private fiber and the backbone that brings service into Medina ●Map broadband services and conditions that exist in Medina today ●Evaluate options for meeting Medina’s needs today and in the years to come ●Develop cost estimates for each of the four options listed above ●Provide Medina with the best possible data-driven broadband information to help guide stakeholders to the best broadband option whether it is with Hometown Fiber or not. yourhometownfiber.com​ Page ​3​ of ​6 Grant Applications  Another benefit of our Broadband Feasibility Study is it puts Medina in a better position to fund some of the project through grants. Communities have many broadband grant funding options today, especially when cities, schools, health care organizations, police departments, etc. work together. The high demand for these grants means they are quickly awarded. With our Feasibility Study Medina will have technical and financial information needed to precisely answer grant application questions. In the past, this precision increased the likelihood of getting funding. Medina will have detailed answers for questions such as: ●Why is the money needed? ●How will the money be spent? ●What benefits will Medina achieve by securing the funding? ●What organizations will receive the money? ●What is the estimated cost? yourhometownfiber.com​ Page ​4​ of ​6 Cost Estimate   Hometown Fiber charges a flat fee of ​$17,474.00​ $5,995.00 for Medina’s deliverables as noted herein. We can begin the Feasibility Study upon receiving a 50% deposit. The remaining balance is invoiced with Net 30 credit terms extended after Medina receives the Broadband Feasibility Study. Hometown Fiber will honor this price for 60 calendar days. Timeline  Broadband Feasibility Study can be complete within 90 calendar days from start date. Conclusion  Thank you for the opportunity to submit this proposal for your consideration. Please contact us with questions at any time. We will be in touch soon to determine next steps. We look forward to serving the broadband needs in the community of Medina. Regards, Kyle Moorhead, president Hometown Fiber kyle@yourhometownfiber.com O: 763-299-5900 | C: 612-819-9077 yourhometownfiber.com​ Page ​5​ of ​6 Hometown Fiber: New Company, Industry Veterans  Our leaders have years of experience working in the broadband communications industry and spent years researching internet problems facing rural and suburban communities. Over time we solved both the economic and technical barriers that are in the way of communities receiving the reliable, affordable, fast broadband service they need. We have two small-scale systems in operation. One since 2011 and the other since 2014. These two systems inspired the formation of Hometown Fiber. References For Kyle Moorhead  Bradley C. DeWolf President Bolton-Menk bradde@bolton-menk.com 763-433-2851 Dave Cziok City Administrator City of Litchfield dave.cziok@ci.litchfield.mn.us 320-693-7201 Ari Lenz Assistant City Administrator City of Hopkins alenz@hopkinsmn.com 952-939-1331 John Wiik Senator State of South Dakota john.wiik@sdlegislature.gov 605-773-3821 Steve Jones City Administrator City of Clara City cityadmin@hcinet.net 320-841-1793 George Baldwin Manager, Electric Utility City of Litchfield george.baldwin@ci.litchfield.mn.us 320-296-1114 Alex Hepp Chief Information Officer City of Hopkins ahepp@hopkinsmn.com 952-548-6305 Steve Sherman Access Coordinator City of New Ulm Steven.sherman@ci.new-ulm.mn.us 507.359.8290 yourhometownfiber.com​ Page ​6​ of ​6 Resolution No. 2020-## DATE Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2020-## RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO MARY AND JOHN BARTZEN AND CHASE AND MACKENZIE HICKS FOR AN INDIVIDUAL SEWAGE TREATMENT SYSTEM AT 1075 OAK CIRCLE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, on August 7, 2020, Chase Whitney Hicks and MacKenzie Priscilla Hicks (the “Owners”) purchased and are currently the fee owners of property located at 1075 Oak Circle (the “Property”), which is legally described as: Lot 5, Block 2, Medina Manor 1st Addition, Hennepin County, Minnesota; and WHEREAS, on July 23, 2020, Mary P. Bartzen and John F. Bartzen Jr. (the “Applicants”), the previous owners of the Property, requested a wetland setback variance for an individual sewage treatment system (ISTS) pursuant to Medina City Code, section 720.21; and WHEREAS, the City Council held a public hearing and reviewed the requested variance on August 18, 2020 and heard testimony from City staff and any interested parties; and WHEREAS, following such review the City Council made the following findings: 1) The granting of the variance is in harmony with the general purposes and intent of the ISTS ordinance, and is in accordance with Minnesota Rules, Chapters 7080, 7081, and 7082. 2) The Applicants and Owners have established that there are practical difficulties in meeting the strict letter of the ISTS ordinance. 3) The condition causing the demonstrated difficulty is unique to the Property and was not caused by the actions of Applicants or Owners. 4) The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons in the vicinity. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves a variance to reduce the required 75-foot wetland setback for an ISTS on the Property to 20 feet, subject to the following terms and conditions: 1) The Owners shall obtain an operating permit from the City which shall require a certified designer to monitor the ISTS on an annual basis. 2) The ISTS shall be inspected annually by a certified Minnesota Pollution Control Agency septic designer. The Owners shall maintain a contract for monitoring and maintaining the ISTS. Agenda Item # 5B Resolution No. 2020-## 2 DATE 3) The Owners shall take actions if recommended by the designer in the future, which may include, but is not limited to: adjusting dosing, reducing effluent, conducting additional pumping, or conducting additional maintenance operations. 4) A permit for installation of the ISTS shall be obtained within one calendar year of approval of the variance and the location shall be consistent with the design submitted by the Applicants and dated July 14, 2020. 5) The Applicants shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for the variance. Dated: By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ___________ and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Planning Commission Page 1 of 1 September 1, 2020 Appointment City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: August 27, 2020 MEETING: September 1, 2020 City Council SUBJ: Planning Commission Appointment Background Following the resignation of Kerby Nester from the Planning Commission upon her move, there is currently a vacancy on the Planning Commission with a term through the end of the year. Staff advertised the vacancy in the newsletter and City Council meeting notification email. The City received two applications. The applicants were Justin Popp and Tim Sedabres. The cover letters of the applicants are available upon request. Planning Commission Chair Robin Reid, City Council Member Todd Albers, and I reviewed the applications and interviewed Justin Popp. The group had previously interviewed Tim Sedabres a couple of months ago when there was a previous vacancy. The group also considered the other applicants who had applied and were interviewed two months ago. Following the interviews, the panel decided to recommend that the City Council appoint Justin Popp to the Commission. Justin and his family have lived at their home on County Road 24 for three years. He is involved with strategic planning and system design at Cargill. Potential Action Motion to appoint Justin Popp to the Planning Commission, with a term extending through December 31, 2020. Agenda Item # 5C Agenda Item # 7A May 28, 2020 Dear Orono families and staff: As we near the end of this remarkable year in Orono Schools, we want to express our genuine thanks once again for your partnership —and valuable feedback —as we implemented our Distance Learning Plan. We respect the tremendous changes and challenges that the pandemic and stay-at-home orders presented to our students and families. We appreciate the thoughtful responses we received through the Distance Learning Survey and we are evaluating every comment as we move forward in our work. In Orono Schools, we work diligently to gain your trust and are honored to earn it. Technology: A cornerstone of effective teaching and learning Unlike any other time in district history, we have had to rely on our core technology infrastructure and educational tools to provide a consistent teaching and learning environment away from our buildings and classrooms. In Orono Schools, technology is funded through a voter -approved levy passed in 2011 and set to expire in 2021. It's important to note that Minnesota does not provide school districts with categorical aid for technology; districts must rely on technology levies for these essential dollars. Much like technology in your own home or workplace, Orono Schools' technology platform, and software and security applications, must be continually maintained or replaced as they move toward obsolete status. As you will recall, the technology referendum in November 2019 did not pass (1,399 voted no and 1,114 voted yes). Following this defeat, several School Board members, district administrators, staff and finance committee members re-evaluated the district's core technology needs for the next 10 years. They focused on critical infrastructure and essential teaching and learning tools. The School Board proposed a decrease in the levy request. "Necessary and expedient" to bring a technology levy to voters again in 2020 On March 9, 2020, the Orono School Board formally approved a resolution declaring that it is "necessary and expedient for the school district to submit a capital project levy authorization to the voters for their approval." This letter to district families is the first formal announcement that the election will be held in conjunction with the state general election on Tuesday, November 3, 2020. More information will be provided to the community in the coming weeks. What does a "yes" vote mean? A voter -approved referendum would revoke the existing levy of 2.539% and replace it with a new authorization of 4.516% for the next 10 years. For a median -value home in the district, valued at $400,000, there would be an additional tax investment of $6.50 per month (please see table, below). The proposed authorization would raise approximately $1,988,720 for taxes payable in 2021, the first year it is to be levied. A "yes" vote ensures that the technology funds Orono receives through the levy will continue for the next 10 years. District Office Phone 685 Old Crystal Bay Road North 952-449-8300 Long Lake, MN 55356-8315 Fax 952-449-8399 Website www.oronokl2.mn.us An Equal Opportunity Employer District Office 685 Old Crystal Bay Road North Long Lake, MN 55356-8315 Phone 952-449-8300 Fax 952-449-8399 Website www.oronok12.mn.us An Equal Opportunity Employer What will the funds be used for? The funds will be used to replace and maintain the district’s core technology infrastructure to improve teaching and learning. The district is evaluating its current network; student information systems; cyber security protections; servers, routers and wiring; wireless systems; website and more. These systems form the foundational platform on which the district serves its students. The purposeful use of technology helps teachers engage students, foster 21st Century skills, and secure Orono students’ leading edge academically and in STEM-based knowledge and achievement.* What does a “no” vote mean? If the technology levy is not approved by voters, funding will have to come from the general fund. Technology needs will compete with classroom needs, impacting the district’s ability to deliver the teaching and learning programs students need to be prepared for the future. Aging infrastructure cannot be ignored; the district will be required to make difficult decisions to balance the budget. A good value for the investment A recent independent survey of Orono Schools’ residents indicated that 96% believe the community receives a good value from its investment in local public schools. 84% also believe that a student’s ability to use computers and other technology effectively and efficiently is absolutely essential; these residents also support the acquisition of new software to expand the use of technology in the curriculum. More information to come The School Board and district representatives look forward to sharing additional information and answering questions in the coming months to further help you make an informed decision in November. Thank you for your continued support for Orono students, families, teachers and staff! We hope you have a safe, enjoyable and well-deserved summer break. Karen Orcutt, Ed.D. Superintendent Robert Tunheim Orono School Board Chair John Morstad Director of Business Services *Orono High School was recently named by U.S. News and World Report as one of the top STEM High Schools in the United States, ranking #177 nationally. ORONO schools News from Technology funding for the next 10 years on the ballot this November • Details at oronotech.com 14.0 % 21.4% Systems & Software Infrastructure Equipment PER-PUPIL SPENDING LAGS NEIGHBORING DISTRICTS Support Staff Infrastructure is the technology platform (WiFi, switches, fiber, firewall) upon which our devices, applications, and services depend. Replacement of core technology infrastructure is at a critical juncture, required to meet district demands and avoid downtime. The technology levy pays for software and cloud-based subscriptions that support and accelerate student learning at school or home, provide security for campus buildings, ensure student data privacy, block inappropriate content, and manage business operations. Orono’s technology team members have unique expertise in network and systems management, support, and staff development. They keep systems running and manage thousands of devices. Instructional Coaches lead staff training in effective use of technology. Levy dollars pay for student, teacher, and staff devices required for teaching, learning, and district operations. Devices are replaced, maintained, and repaired to ensure uninterrupted service, stay current with software releases, and avoid obsolescence. ORONO’S TECHNOLOGY NEEDS YOUR LEVY DOLLARS AT WORK Hopkins Eden Prairie Bloomington Edina Wayzata Minnetonka Westonka Orono DISTRICT of annualtechnology budget 21.7%of annualtechnology budget 39.8%of annualtechnology budget of annualtechnology budget TOTAL LEVY ANNUAL PER PUPIL $10,553,614 $6,926,600 $7,593,248 $6,109,846 $7,486,812 $6,361,265 $1,432,175 $1,039,860 $1,416 $727 $672 $668 $539 $526 $519 $325 Technology levy website provides budget, 10-year plan, and tax impact ON THE BALLOT THIS NOVEMBER Orono Schools is grateful for the community support and technology levy dollars approved by voters in 2011. Because this levy is set to expire in 2021, the School Board has approved a question for the November ballot, asking voters to replace the current technology levy with a new levy for the next 10 years. The tax impact on a $500,000 home is an additional $8.08 per month. The district must rely on voters to fund this critical need because Minnesota does not provide districts with categorical aid for technology. The budget, 10-year plan, and tax impact calculator are on the referendum website today: www.oronotech.com Ordinance Amendment Page 1 of 5 September 1, 2020 Accessory structure regulations City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: August 27, 2020 MEETING: September 1, 2020 City Council SUBJ: Ordinance Amendment – Residential accessory structure regulations Background The Planning Commission reviewed regulations pertaining to accessory structures and sheds back in May. Current regulations exempt sheds 120 square feet or smaller from the general setback requirements of each district, instead requiring a reduced setback of 5 feet from rear and side lot lines. The amendment recommended by the Planning Commission in May would have changed this exception to apply to sheds 200 square feet and less. The City Council discussed at their June 2 meeting. The Council raised concerns about the impacts of accessory structures on views and discussed potential architectural requirements. The Council referred the ordinance back to the Planning Commission for further discussion. The Planning Commission again discussed at the July and August meetings and requested that staff update the requirements for shed size and setbacks to be more of a “sliding scale” based on the size of the property. Summary of Existing Regulations Regulations for accessory buildings are described within Section 825.21 of the City Code and summarized below. Number and Size of Accessory Structures Current City regulations allow varying sizes of accessory buildings on residential lots based upon the size of the lot based upon the following table: Lot Size Bldg. Size* No. Permitted 10,000 sq. ft. or less 1,000 sq. ft. one 10,001 sq. ft. to 20,000 sq. ft. 1,200 sq. ft. one 20,001 sq. ft. to 43,560 sq. ft. 1,500 sq. ft. one more than one and up to three acres 2,000 sq. ft. one more than three and up to five acres 4,000 sq. ft. two more than 5 acres 5,000 sq. ft. two Agenda Item # 8A Ordinance Amendment Page 2 of 5 September 1, 2020 Accessory structure regulations City Council Meeting • In addition, all lots are permitted an additional shed up to 120 square feet (12’x10’). • Lots over 5 acres in size are permitted additional or larger accessory structures if a conditional use permit is obtained. • Accessory structures are limited to 30 feet in height (measured from mid-point of roof to average grade around the structure) Staff is not aware of complaints related to number or size of accessory structures on properties. It is important to note that detached garages, although not overly common in Medina, would be considered accessory structures. If the Planning Commission and City Council were to discuss any reduction in allowed size, this fact should be considered. Architectural Requirements The code includes general architectural language as follows: “All accessory buildings in residential and agricultural districts shall be designed to be architecturally compatible with other buildings on the property. Accessory buildings should be designed to reflect the rural design and character of the city. The visual impact of the accessory building upon neighboring properties shall be minimized by the building’s design and siting and by providing screening or additional landscaping, which shall be approved by the zoning administrator.” Staff believes specific architectural requirements are appropriate as part of review of larger accessory structures, but does not recommend more specific architectural language for smaller accessory structures. Requiring materials to match the home on the site would increase the cost of the accessory structure. It should also be noted that most of the single family zoning districts do not include specific architectural standards for homes. Setback for Smaller Accessory Structures Accessory structures are currently required to meet the same setbacks as the home on the lot, with the exception of sheds under 120 square feet, which are only required to be set back 5 feet from side and rear lot lines. The discussion related to accessory structures originally arose because a property owner in Foxberry Farms recently inquired about building a 14’x12’ (168 square feet) shed. To meet the full setbacks of the Suburban Residential district, the shed would need to be located 15 feet from side lot lines and 40 feet from the rear lot line. This would place the shed in the middle of the back yard on this owner’s lot, as would be the case in most residential lots served by sewer and water. Many smaller lots do not have sufficient room in the rear yard to construct any size accessory structure which would be able to meet structure setback requirements. This means that sewered lots are mostly limited to sheds under 120 square feet. The Building Code exempts sheds 200 square feet and less from needing a building permit. This exception was previously 120 square feet, and staff believes is probably part of the reason the shed exceptions were for 120 square feet and under. Ordinance Amendment Page 3 of 5 September 1, 2020 Accessory structure regulations City Council Meeting Staff believed it was appropriate to review the requirements for small accessory structures following the discussions with the property owner and the fact that sheds 200 square feet and under are exempt from building code. Staff reviewed the regulations of a number of nearby and similar communities for context. Most communities, except Minnetrista, allow reductions of side and rear setbacks for accessory structures. Most communities require setbacks of 5-10 feet, regardless of size. Covenant Restrictions During the City Council’s previous discussion, it was noted that many neighborhood HOA covenants either prohibit or place additional standards on accessory buildings. It was noted that these restrictions are likely to expire after 30 years. To continue restrictions such as architectural requirements or limitations on accessory structures beyond 30 years, an HOA would generally need to take active steps, which may be unlikely. Proposed Amendments Increase Size for “additional shed” The ordinance recommended by the Planning Commission back in May would have increased the size of the 120 square foot “additional shed” which is allowed on any lot above and beyond those described in the table. This language is in Subd. 5 of the ordinance. The amendment would have increased this additional shed from 120 square feet to 200 square feet. The City Council raised concerns with the total footage of accessory structures allowed on smaller lots. The Planning Commission was interested in allowing larger “additional sheds” on larger lots, so recommended a “sliding scale” which would allow the “additional sheds” to be larger on larger lots: Lot Size Maximum Footprint Size 10,000 sq. ft. or less 120 sq. ft. 10,001 sq. ft. to 20,000 sq. ft. 120 sq. ft. 20,001 sq. ft. to 43,560 sq. ft. 200 sq. ft. more than one and up to three acres 200 sq. ft. more than three and up to five acres 400 sq. ft. more than 5 acres 400 sq. ft. Accessory Structure Setback (rear and side) Full Principal Setback Req. Medina (existing)5 ft 120 s.f. Victoria 5 ft 100 s.f. Maple Grove 5 ft None Brooklyn Park 5 ft None Plymouth 6 ft None Eagan 5 or 10 ft None Corcoran (sewered lots)10 ft None Corcoran (rural lots)20 ft None Orono (1 acre)10 ft 1000 s.f. Orono (rural)20 ft 1000 s.f. Minnetrista Same as Principal All Ordinance Amendment Page 4 of 5 September 1, 2020 Accessory structure regulations City Council Meeting Size of Accessory Structures Allowed Reduced Setbacks The Planning Commission also recommended a “sliding scale” of reduced setbacks for smaller sheds based upon both lot size and the size of the shed. The following table describes the setbacks: Lot Size Accessory Structure Size Minimum Rear and Side Setback 10,000 sq. ft. or less 120 sq. ft. or less 5 feet > 120 sq. ft. Principal structure setbacks 10,001 sq. ft. to 20,000 sq. ft. 120 sq. ft. or less 5 feet > 120 sq. ft. Principal structure setbacks 20,001 sq. ft. to 43,560 sq. ft. 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 10 feet > 200 sq. ft. Principal structure setbacks more than one and up to three acres 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 20 feet > 200 sq. ft. Principal structure setbacks more than three and up to five acres 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 20 feet > 200 sq. ft. Principal structure setbacks more than 5 acres 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 20 feet > 200 sq. ft. Principal structure setbacks Add height limitation for sheds at reduced setback The Planning Commission had recommended that any accessory structure which is allowed a reduced setback should be limited to 12 feet in height. This language is included within the attached ordinance. Limitation of one accessory structure with reduced setback Current regulations would allow any accessory structures 120 square feet or less to be located within 5 feet of the rear and side property line. Staff has suggested language that limits this reduced setback to a single small structure. Ordinance Amendment Page 5 of 5 September 1, 2020 Accessory structure regulations City Council Meeting Potential Action After the Council completes review, it could consider the following actions: 1. Move to adopt the ordinance amending regulations pertaining to accessory structures [with any changes requested by the City Council]. 2. Move to adopt the resolution authorizing publication by title and summary Attachments 1. Draft Ordinance 2. Resolution authorizing publication by title and summary 3. Excerpt from draft 8/12/2020 Planning Commission minutes 4. Excerpt from 6/2/2020 City Council minutes Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING REGULATIONS PERTAINING TO ACCESSORY STRUCTURES; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 825.19 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: ACCESSORY STRUCTURES Section 825.19. Accessory Buildings. Subd. 1. No accessory building or structure shall be constructed on any residential lot prior to the time of construction of the principal building to which it is accessory. Subd. 2. No accessory building shall exceed 30 feet in height, with the exception of buildings where agricultural use or farming is at the discretion of the City the primary use of the property. Building projections or features, such as chimneys, cupolas, and similar decorations that do not exceed 35 feet in height are permitted in residential districts. Accessory building height shall be measured as set forth in section 825.07, subdivision 12 of the city code. Subd. 3. (a) In residential districts, accessory buildings shall not be attached to, or erected, altered, or moved within 10 feet of the principal building. Accessory buildings in residential districts shall be governed by the following regulations: Lot Size Maximum Bldg. Size* No. Permitted 10,000 sq. ft. or less 1,000 sq. ft. one 10,001 sq. ft. to 20,000 sq. ft. 1,200 sq. ft. one 20,001 sq. ft. to 43,560 sq. ft. 1,500 sq. ft. one more than one and up to three acres 2,000 sq. ft. one more than three and up to five acres 4,000 sq. ft. two more than 5 acres 5,000 sq. ft. two * Building size shall be calculated by determining the aggregate footprint of the buildings. (b) In addition to the accessory building(s) permitted in Subd. 3(a), one additional accessory structure such as a shed or similar type of building shall is permitted as follows: Ordinance No. ### 2 DATE Lot Size Maximum Footprint Size 10,000 sq. ft. or less 120 sq. ft. 10,001 sq. ft. to 20,000 sq. ft. 120 sq. ft. 20,001 sq. ft. to 43,560 sq. ft. 200 sq. ft. more than one and up to three acres 200 sq. ft. more than three and up to five acres 400 sq. ft. more than 5 acres 400 sq. ft. Subd. 4. On residential properties more than five acres in area, the city council may grant a conditional use permit to allow accessory buildings which exceed an aggregate of 5,000 square feet in size or two in number. Conditional use permits shall be reviewed in accordance with the requirements of sections 825.39, et seq. of the city code and shall be subject to the additional accessory building standards set forth in section 826.98, subdivision 2 (o) of the city code. Subd. 5. One additional accessory building that has a footprint of 120 square feet or less, such as a shed, chicken coop, or similar type of building, is permitted. The footprint of this type of accessory building shall not count towards the maximum accessory building size allowance for the property as required above. In residential and agricultural districts, a detached accessory building of less than 120 square feet may be located within five feet of the rear or side lot line, with the exception of animal structures and chicken coops, which shall abide by the specific setback requirements in respective district. All detached accessory buildings 120 square feet or larger must meet the setbacks required for principal buildings in the district. Ordinance No. ### 3 DATE (a) Accessory structures shall meet the setbacks required for principal structures in the district in which it is located, except one smaller accessory structure on a property may be located closer to the rear and side lot lines as follows: Lot Size Accessory Structure Size Minimum Rear and Side Setback 10,000 sq. ft. or less 120 sq. ft. or less 5 feet > 120 sq. ft. Principal structure setbacks 10,001 sq. ft. to 20,000 sq. ft. 120 sq. ft. or less 5 feet > 120 sq. ft. Principal structure setbacks 20,001 sq. ft. to 43,560 sq. ft. 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 10 feet > 200 sq. ft. Principal structure setbacks more than one and up to three acres 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 20 feet > 200 sq. ft. Principal structure setbacks more than three and up to five acres 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 20 feet > 200 sq. ft. Principal structure setbacks more than 5 acres 120 sq. ft. or less 5 feet > 120 sq. ft. to 200 sq. ft. 20 feet > 200 sq. ft. Principal structure setbacks (b) Any accessory structure greater than 12 feet in height shall meet the setback required for principal structures in the district in which it is located. (c) Any animal structure and chicken coop shall abide by the specific setback requirement in the district in which it is located. Subd. 6 In commercial and industrial districts, all accessory buildings shall meet the same front, side, and rear yard setback requirements as the principal building. Ordinance No. ### 4 DATE Subd. 7. The exterior materials and design features of accessory buildings in commercial or industrial districts must be compatible with the materials and features of the principal building. Subd. 8. All accessory buildings in residential and agricultural districts shall be designed to be architecturally compatible with other buildings on the property. Accessory buildings should be designed to reflect the rural design and character of the city. The visual impact of the accessory building upon neighboring properties shall be minimized by the building’s design and siting and by providing screening or additional landscaping, which shall be approved by the zoning administrator. Subd. 9. The following residential improvements shall be excluded from the maximum allowed building sizes noted under Subd. 3 of this section: (a) unenclosed playhouses; (b) gazebos up to 120 sq. ft. in size and a maximum 12 feet in overall height; (c) outdoor swimming pools; (d) detached decks up to 120 sq. ft. in size; (e) patios; (f) tennis courts; and (g) loafing sheds used exclusively for horses and which are up to 300 square feet in size and meet setbacks for structures used to house, exercise or accommodate animals for the zoning district in which they are located. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this th day of , 2020. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on the _____day of __________, 2020. Resolution No. 2020-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an ordinance pertaining to accessory structures; amending Chapter 8 of the City Code and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is four pages in length and includes charts; 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 pertaining to accessory structures. The ordinance provides for a reduction of setbacks for accessory structures in certain circumstances based on the size of the structure and the size of the lot. The ordinance also allows for larger accessory structures on larger parcels. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: . ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________ Jodi M. Gallup, City Clerk Resolution No. 2020-## 2 DATE The motion for the adoption of the foregoing resolution was duly seconded by member ________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Medina Planning Commission Excerpt from DRAFT 8/12/2020 Meeting Minutes 1 Public Hearing – Ordinance Amendment – Chapter 8 of the City Code Related to Setback and Other Requirements for Residential Accessory Structures Finke summarized the discussion that the Planning Commission previously had in May and July. He displayed a table showing the size of accessory buildings currently allowed by lot size. He stated that any lot is permitted an additional shed up to 120 square feet. He stated that staff had tried to create a sliding scale with a table that would allow the additional sheds to be larger on larger lots. Finke displayed another table showing varying setbacks for different size sheds on varying lot sizes. Piper asked if the 12 feet in height would allow sufficient roof pitch. Finke stated that the height is measured to the mid-point of the roof, not the peak. This should allow for more than 4/12 pitch for a 200 square foot shed with 8’ side walls. If an owner wanted a taller side wall or more pitch, they could always meet the full setback. Reid opened the public hearing at 7:50 p.m. Eric Voltin (630 Shawnee Woods Road) stated that he supported the amendment. He noted that they had a larger lot and just built a pool. They had existing accessory buildings and were limited to a 120 square foot shed to store things for their pool. They were excited to be able to build a larger shed in addition to their existing buildings. He said that the extra size made sense for larger lots and the setbacks seemed fair. Reid closed the public hearing at 7:52 p.m. Nielsen stated that she believed this was these tables were exactly what the Commission was describing during their discussion in July. She thanked staff for their efforts to create the tables. Grajcyk said the proposed changes seem fair for property owners and should serve well in the future. Motion by Nielsen, seconded by Galzki to recommend approval of the ordinance amending chapter 8 of the city code related to setback and other requirements for accessory structures. A roll call vote was performed: Nielsen aye Galzki aye Piper aye Grajcyk aye Couri aye Reid aye Motion carries unanimously. Medina City Council Excerpt from 6/2/2020 Meeting Minutes 1 Ordinance Amending Regulations Pertaining to Accessory Structures; Amending Chapter 8 of the City Code (7:36 p.m.) Finke stated that the proposed amendment would increase the allowed size of sheds that are allowed as exemptions to the full structure setback. He stated that currently the size is 120 square feet in Medina and the amendment would increase that size to 200 square feet. He stated that the Planning Commission discussed adding a height limitation for the structures allowed exempt from the full setback and recommended a height limitation. He referenced the current requirement that requires a rural residential property to request a CUP for accessory structures over 5,000 square feet. He noted that process adds cost and length to the project, and typically little or no feedback is provided during the process. He noted that the Planning Commission recommended leaving that requirement in place. He stated that the Planning Commission unanimously recommended approval of the ordinance amendment as proposed. Pederson asked if the façade is required to match the home. Finke replied that the ordinance includes general language about complimenting the principle structure on the property for any accessory structure, noting that is fairly subjective language. He stated that structures over 5,000 square feet have more explicit architectural details. He stated that the ordinance amendment as proposed would not change the requirements in terms of architecture for any sheds or outbuildings. DesLauriers stated that he supports the four measures as identified by staff including the height limitation. Albers confirmed his consensus of the recommendation of the Planning Commission. Martin stated that she is a little concerned with the size of the sheds, noting that on some of the smaller lots it could be obtrusive to have a structure of that size in that proximity to the property line. She stated that she also recognizes that many of the neighborhoods have HOA’s which have their own covenants that would protect against those measures. She stated that her concern would be that the City is permitting these types of structures close to neighboring property lines. She recognized that there were no public comments at the public hearing held by the Planning Commission. She noted that she would be willing to support the recommendation of the Commission if the other Council members support the action as well. Albers stated that Martin makes a persuasive argument to not approving the amendment. He asked if the language related to the structure being compatible to the principle structure should be strengthened. Martin provided some grammatical suggestions that could be added to strengthen the language but noted that those elements could make it cost prohibitive to have these structures. She stated that she is in the rural area of Medina and would still not want to see a prefabricated shed on her neighbor’s property. DesLauriers stated that he would rather have the items stored in a shed rather than outdoors. He noted that some garage sizes are smaller, and residents need additional storage space. Martin stated that a shed of this size could store a snowmobile or boat and believes that residents should pay for offsite storage of those items if needed. She read aloud language from the staff report related to small residential lots and asked if she interpreted the language correct Medina City Council Excerpt from 6/2/2020 Meeting Minutes 2 to allow an outbuilding of up to 1,000 square feet in addition to the small shed being discussed tonight. Finke confirmed that language to be true but noted that it would be unlikely that the smallest lots in Medina could accommodate an accessory structure of any size because of the required setbacks, which was the reason the exempt allowance came about. He explained that the exemption allows the smaller lots to have a small shed. He stated that the Council could still make the change from 120 square feet to 200 square feet for exempt sheds, without changing the size of the shed allowed as additional to the accessory structure language. Martin stated that she would support this item going back to the Planning Commission for additional discussion. Pederson stated that the points brought forward by Martin are valid, noting that he would not want to see the sheds destroying the views of others. Albers and DesLauriers agreed that this should go back to the Planning Commission. Moved by Anderson, seconded by Martin, to direct the Planning Commission to again review the proposed ordinance amending regulations pertaining to accessory structures as discussed by the Council. Further discussion: Martin suggested that the City Attorney provide a memorandum to the Planning Commission related to the expiration of HOA covenants after 30 years. A roll call vote was performed: Pederson aye Anderson aye DesLauriers aye Albers aye Martin aye Motion passed unanimously. Resolution No. 2020- September 1, 2020 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020- RESOLUTION APPROVING PROPOSED TAX LEVY FOR 2021 WHEREAS, the State of Minnesota has adopted legislation, which requires all municipalities to pass a resolution adopting a preliminary budget and certifying the total proposed tax levy amount to the County Auditor prior to September 30, 2020; and WHEREAS, it is the desire of the City of Medina, Minnesota, to comply with this law and submit a proposed property tax levy including general operating and debt levies; and NOW THEREFORE, BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following sums of money be proposed for 2021 upon the taxable property in the City of Medina, for the following purposes: To raise $3,717,800 as adequate revenue for the general fund operating budget, $495,845 as adequate revenue for debt service, $312,500 for capital equipment and $112,000 for municipal park fund. General Fund $3,717,800 Capital Equipment $ 312,500 Municipal Park Fund $ 112,000 Debt Service: 2011B Taxable G.O. Improvement Bonds $ 61,000 2012A G.O. CIP Bonds $ 241,437 2013A G.O. Refunding Bonds $ 134,757 2015A G.O. Improvement Bonds $ 58,651 Total Levy: $4,638,145 BE IT FURTHER RESOLVED, that the City Clerk, Jodi Gallup, is hereby instructed to transmit a certified copy of this resolution to the county auditor of Hennepin County, Minnesota. Date: September 1, 2020. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Jodi M. Gallup, City Clerk Agenda Item # 9A Resolution No. 2020- 2 September 1, 2020 The motion for the adoption of the foregoing resolution was duly seconded by member _____ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2020- September 1, 2020 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020- RESOLUTION APPROVING PROPOSED GENERAL FUND BUDGET FOR 2021 BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following sums of money be proposed for the 2021 General Fund budget: Revenues Expenditures General Fund $5,113,667 $5,113,667 Date: September 1, 2020. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2020- September 1, 2020 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020- RESOLUTION REDUCING DEBT SERVICE TAX LEVIES FOR 2021 WHEREAS, Hennepin County maintains a bond register with the City’s scheduled bonded debt levies for taxes payable in 2021, and requests a City resolution canceling the debt levy if the City does not levy the scheduled amounts; and WHEREAS, the City has determined that specific debt levies may be partially reduced due to the accumulation and projection of other revenue sources, including previously collected tax levies, previously collected and future projected special assessments, and utility fund contributions; and NOW THEREFORE, BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following reductions of debt service levies be made for taxes payable in 2021: Scheduled Proposed Reduction Levy Levy To Levy Debt Service: 2011B Taxable G.O. Improvement Bonds $ 87,210 $ 61,000 $ 26,210 2012A G.O. Capital Improvement Plan Bonds $ 301,796 $ 241,437 $ 60,359 2013A G.O. Refunding Bonds $ 168,446 $ 134,757 $ 33,689 2015A G.O. Improvement Bonds $ 58,651 $ 58,651 $ - 2016A G.O. Refunding Bonds $ 94,583 $ - $ 94,583 BE IT FURTHER RESOLVED, that the City Clerk Jodi Gallup, is hereby instructed to transmit a certified copy of this resolution to the county auditor of Hennepin County, Minnesota. Date: September 1, 2020. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____ and upon vote being taken thereon, the following voted in favor thereof: Resolution No. 2020- 2 September 1, 2020 and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 1345 Elsinore Circle Page 1 of 6 September 1, 2020 Home Occupation CUP City Council MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: August 27, 2020 MEETING: September 1, 2020 City Council SUBJ: Kayla Brugger – 1345 Elsinore Circle – Conditional Use Permit for Home Occupation (fitness instruction) Review Deadline Application received: July 2, 2020 120-day review deadline: October 30, 2020 Summary of Request Kayla Brugger has requested a conditional use permit (CUP) to provide fitness instruction out of her home at 1345 Elsinore Circle. The subject property is located within the Medina Morningside neighborhood at the southwest corner of Elsinore Circle and Bobolink Road. The applicant proposes to provide the instruction in a tuck-under garage which will be finished for the use. An aerial of the subject site and surrounding property can be found below. Agenda Item # 9B 1345 Elsinore Circle Page 2 of 6 September 1, 2020 Home Occupation CUP City Council The subject property and all surrounding lots are zoned Urban Residential (UR). “Home occupations in compliance with the requirements of section 826.98 subd. 2(c)” is an allowed conditional use in the UR district. The applicant has indicated that no more than three clients would be expected on a given day, and no more than 6-10 per week. The clients would park in the driveway off Elsinore Circle. CUP Standards for Home Occupations The following standards are required for Home Occupations as described in Section 826.98. The applicant has indicated how they believe each requirement will be met within their narrative. Staff has described compliance with each standard below in italics: (i) not more than one person not residing in the dwelling may be employed on-site in the home occupation, regardless of the number of hours worked by the individual; The applicant has indicated that only Kayla, the property owner will be working on-site. (ii) no over-the-counter retail sales; The applicant has indicated that there will be no retail sales. (iii) only such signs as are permitted under section 815.09 of this ordinance; At this time, no signs are proposed. Any future sign will need to meet the requirements of the sign ordinance. (iv) no outside storage; No items related to the business will be stored outside. (v) the home occupation must be conducted solely within the principal structure; Training is proposed within the tuck-under garage, which is within the principal structure. Staff recommends a condition that prohibits training from extending outside. (vi) limited customer, client, patient or student visits to the site in connection with the home occupation; Staff believes this the most important question for this request. The applicant proposes 6-10 clients per week, no more than 3 per day. The City Council should discuss and determine if this is consistent with “limited client visits.” Staff believes it is reasonable to determine that this is ‘limited’ and if the Planning Commission and Council agree, would recommend that these limitations be included as a condition of approval. (vii) there must be adequate off-street parking for the anticipated number of persons on the site at any one time and the parking area must be screened from view from adjacent properties or rights-of-way; There is sufficient parking on the existing driveway to accommodate more than the maximum number of clients per day. Staff does not believe it would be possible to full screen the parking area from all property and the street right-of-way. The City Council can discuss whether it is appropriate to require additional landscaping or screening along the south of the driveway. 1345 Elsinore Circle Page 3 of 6 September 1, 2020 Home Occupation CUP City Council (viii) limited deliveries associated with the home occupation in commercial vehicles over one ton; The applicant has indicated that they expect very few deliveries. (ix) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; The applicant has indicated that the equipment proposed for the use would be the same as one would expect for a private home gym, which are described in the narrative. (x) entrance to the space used for the home occupation must be within the dwelling; The entrance to the space would be through the garage and through a portion of the dwelling. (xi) no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; The applicant has indicated that the space which will be used is similar to what one would expect for a private home gym. (xii) any vehicle displaying the name of the home occupation must be parked in an enclosed garage or in an area screened from view from adjacent properties or rights-of-way; Staff recommends this as a condition. (xiii) the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with residential use; The applicant has indicated that the use will not produce light, glare, or vibration. Any noise would be similar to expected for any home gym. Staff recommends a condition requiring that the use be limited to the inside space and that the garage door to the tuck-under garage remain closed during business use. (xiv) hours of business activity may be limited by the city council to protect the public health, safety and welfare; The applicant has indicated that they are open to discussing business hours, but suggested 6 a.m. to 8 p.m. (xv) the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations; and General condition to be included with the CUP. (xvi) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. The Planning Commission and Council can discuss whether any additional conditions are appropriate. 1345 Elsinore Circle Page 4 of 6 September 1, 2020 Home Occupation CUP City Council General Conditional Use Permit Standards In addition to the requirements specific to home occupations, Section 825.39 of the City Code includes more general standards for reviewing any conditional use permit. 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff does not believe the use will be injurious to nearby property nor impair property values. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. There is no vacant property in the vicinity, and staff does not believe this use will impede the normal and orderly development. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. Staff does not believe the amount of client contact proposed will impact infrastructure. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. The existing driveway provides sufficient parking for the maximum number of clients. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff does not believe the use will cause these issues if contained entirely within the building. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Home occupations are allowed as a conditional use subject to the limitations noted. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Home occupations are allowed as a conditional use subject to the limitations noted. 8. The use is not in conflict with the policies of the City. Staff does not believe the proposed use is in conflict with the policies of the City. 9. The use will not cause traffic hazard or congestion. Staff does not believe the CUP would cause traffic or congestion concerns. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff does not believe the use would cause these concerns. 1345 Elsinore Circle Page 5 of 6 September 1, 2020 Home Occupation CUP City Council 11. The developer shall submit a time schedule for completion of the project. The applicant proposes to begin soon after approval. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The owners are listed within County records. Planning Commission Recommendation When reviewing a conditional use permit request, the City Council should review the specific and general criteria described above. If the criteria are met, the CUP should be approved. As described in Section 825.41 of the City Code: “In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified in this Ordinance, additional conditions which the City Council considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited, to the following: 1. Increasing the required lot size or yard dimensions. 2. Limiting the height, size or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. 5. Increasing the number of required off-street parking spaces. 6. Limiting the number, size, location or lighting of signs. 7. Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space.” As noted, the two primary questions appear to be: 1) Is a maximum of 3 clients per day, 10 clients per week consistent with the requirement for “limited client visits?” 2) Should additional screening be required along the south of the driveway? Staff does not believe fully screening the parking on a typical UR lot is ever going to be possible. This condition is likely more directed towards rural lots. Nonetheless, the City can require additional screening if it determines that is appropriate to do so. The Planning Commission did not recommend adding a condition for additional landscaping The Planning Commission held a public hearing on August 12. No one spoke at the hearing. Commissioners were generally supportive of the CUP as presented. Some Commissioners expressed interest to allow additional flexibility, while others did not recommend relaxing the conditions further. Following review, the Planning Commission recommended approval subject to the following conditions: 1. Client visits to the site shall be limited to 10 per week, with no more than three per day. The Applicant shall keep records to verify compliance with this condition. 2. Hours of operation shall be limited to 6 a.m. to 8 p.m. 3. Client parking shall be on the driveway and not occur on-street. 4. The home occupation shall be conducted entirely within the building. 1345 Elsinore Circle Page 6 of 6 September 1, 2020 Home Occupation CUP City Council 5. The garage door shall remain closed during use related to the home occupation. 6. All clients shall enter the studio through the home. 7. The conditional use permit shall expire and thereafter be null and void if the use ceases for a calendar year. 8. Any signs shall be subject to the requirements of the sign ordinance. Any vehicle displaying the business name shall be parked within a structure or shall otherwise not be visible for neighboring properties. 9. The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for the conditional use permit Potential Action If the City Council finds that the general and specific criteria have been satisfied, the following action could be made: Move to direct staff to draft a resolution granting conditional use permit approval subject to the conditions noted in the staff report. Attachments 1. List of Documents 2. Excerpt from draft 8/12/2020 Planning Commission minutes 3. Applicant Narrative 8/27/2020 Project: LR-20-272 – Brugger CUP The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Document Date Pages Electronic Paper Copy? Notes Application 7/2/2020 7/2/2020 3 Yes Yes Deposit 7/2/2020 7/1/2020 1 Yes Yes $1000 Narrative and Layout 7/2/2020 5 Yes Yes Narrative and Site-updated 7/27/2020 4 Yes Yes Inside layout not updated Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Building comments 7/7/2020 1 Y Police comments 7/6/2020 1 Y Notice 7/31/2020 5 Y 9 pages w/ affidavit, map, labels Preliminary Comments 7/23/2020 2 Y Planning Commission Report 8/5/2020 6 Y 12 pages w/ attachments City Council Report 8/27/2020 6 Y 14 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minutes 8/12/2020 Y Medina Planning Commission Excerpt from DRAFT 8/12/2020 Meeting Minutes 1 Public Hearing – Kayla Brugger – 1345 Elsinore Circle – Conditional Use Permit for Home Occupation (in-home fitness instruction) Finke presented the staff report. He stated that the property was zoned Urban Residential and the district allows Home Occupations with limited customer visits as a conditional use. He stated that the applicant proposes no more than 3 clients on any given day and 6-10 clients per week. Finke noted that the main question was whether the Planning Commission found that this number of clients met the requirement for “limited customer visits.” Finke also noted that the ordinance requires parking areas for the home occupation to be screened from adjacent properties and streets. He stated that staff does not believe it would be possible for any suburban or urban lot to fully screen a parking area, but that the City could require additional screening if the Planning Commission and City Council thought it was necessary. Finke stated that the ordinance described general criteria for all CUPs and specific requirements for Home Occupations. He stated that staff recommended approval of the CUP with the conditions described in the report. Kayla Brugger (1345 Elsinore Circle) thanked everyone for their time reviewing the request. She said that she believes it is an important service to offer for the community and she was excited to move ahead. She indicated that the conditions seemed workable. Grajcyk asked if the activity would extend outside, such as running through the neighborhood. He stated that this may be of more concern to the neighbors. Finke replied that the ordinance specifically required all activity of the home occupation to occur within the home and that it could not extend outdoors. Piper stated that she would support flexibility to allow for classes with up to three people. She asked how many clients the space could accommodate. Brugger stated that she was only planning on doing individual sessions during Covid restrictions. The space may accommodate four or five people, but she was more comfortable with three. Nielsen stated that it appears that the recommended conditions would allow for classes. Three clients would be permitted in a day, and there was no prohibition against them coming at the same time. Piper asked if the applicant was ok with the conditions Brugger responded that she was ok with them. Reid opened the Public Hearing at 7:37 p.m. There were no comments Reid closed the Public Hearing at 7:38 p.m. Galzki stated that this is an important service and seems like a good thing to allow, especially with existing Covid restrictions. He stated that he would be open to providing the opportunity to open the garage door on nice days, but that he did not want to push the issue if the applicant was not concerned. Nielsen stated that she was comfortable with the proposal, but wouldn’t want to go above three people at a time. Reid stated that she was in support with the limitations suggested. Medina Planning Commission Excerpt from DRAFT 8/12/2020 Meeting Minutes 2 Motion by Piper, seconded by Nielsen to recommend approval of the conditional use permit subject to the nine conditions noted in the staff report. A roll call vote was performed: Nielsen aye Galzki aye Piper aye Grajcyk aye Couri aye Reid aye Motion carries unanimously. Conditional Use Permit: Use portion of 1345 Elsinore Cir, Medina MN 55356 as location for small business Business Name: Kayla’s Fitness & Pilates Description of Business: Fitness and Pilates instruction services done either virtually, at client’s home, or at 1345 Elsinore Cir, Medina MN 55356. Conditions required by 825 Subd. 49. 1 Home Occupation (Conditional) (a)The only employee of the business will be the owner of the business, Kayla Brugger, who is also the owner of the dwelling, this is within this condition of use regulation which allows one other employee. (b)There will be no over the counter retail sales, thus falls within this condition of use regulation. (c)We do not have any plans for signage for the business, but if we do we will ensure to get approval and ensure it falls under 815.09 code. (d)We will not be storing any business items outside thus falling within this condition of use regulation. (e)The home occupation will be conducted in an interior dedicated space within the principal structure thus falling within this condition of use regulation. See attached for layout of the space within the property/dwelling. (f)We plan on having limited client visits to the home space as a large chunk of the business is expected to be virtual and client home based services. Though we do expect some visits by clients to the dwelling, we don’t expect to have more than three clients coming to the dwelling on any given day and certainly this would not be every day. We would estimate no more than 6- 10 per week at the dwelling. This would be very limited additional car traffic and disruption to our amazing neighborhood. We feel this falls within this condition of use regulation. (g)I have attached a map of our property indicating the vast off street parking options of the property. While we do not believe there to be any more than 2-3 clients coming at any given time, we could accommodate 8+cars on our property before using street parking. We plan to have designated parking spots on the main driveway by the southeast entrance door. This driveway is large enough to hold 8+ vehicles so we feel this falls within this conditional use regulation. (h)We plan on having very limited deliveries related to the home occupation. There may be occasional new purchases of fitness equipment, but that would be few and far between. We feel this falls within this conditional use regulation (i)The equipment used for the home occupation would be standard home gym or fitness equipment you would find in many home gym setups and equipment we have already had, just now being put into use for business purposes. See a list of expected equipment being used. We feel this falls within this conditional use regulation. (j)The entrance to the space being used is through our main garage entry on the southeast end of the property and is on the same level as the business use room but is not a direct entry from the outside to the space. We feel this falls within this conditional use regulation. (k)We are doing no interior or exterior changes to the dwelling which you would not normally find in a home as we are simply using an existing space to be a home gym and now using it for business use. We feel this falls within this conditional use regulation. (l)We do not plan to have any vehicles with signage of the home occupation parked anywhere other than in our own garage space. We feel this falls within this conditional use regulation. (m)The space being used as the home gym will not be producing any abnormal lighting, glares, sounds, noise, or vibrations beyond the customary everyday use of the space that is not for business use. We feel this falls within this conditional use regulation. (n)We are open to any discussions on limited times that the counsel feels is to protect the public health, safety and welfare. We do not plan on any times that would be disruptive to the neighborhood. We plan on hours at earliest 6am to latest 8pm, possibly 7 days a week but most business will be done during the work week. No late night hours. (o)We will not be violating any other federal, state and local statues, ordinances, codes and regulations. (p)We are happy to comply with any other conditions, restrictions, or limitations the counsel deems to be reasonably necessary to protect the residential character of the neighborhood. Equipment planned on being used for the home occupation is below. As you can see, none of the equipment being used would cause any noise or vibrations perceivable beyond the dwelling. 1)Dumbbell free weights and kettle bells with rubber mats to eliminate any dropping sound issues 2)Exercise elastic bands. 3)Jump ropes 4)Medicine ball 5)Pilates reformer (already owned and used-no noise, uses spring and pulleys and body weight) 6)Pilates chair (already owned and used-no noise, uses spring and pulleys and body weight) 7)Pilates Barrel-no noise or vibrations 8)TX strap-body weight training system-no noise or vibrations 9)Stability Ball 10)Wind Bike-stationary type workout spin bike. No noise or vibrations 11)Yoga mats �=1 Ditter Properties Page 1 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: August 27, 2020 MEETING: September 1, 2020 SUBJ: Ditter Properties – 2032-2052 Holy Name Drive – Comp Plan Amendment, Rezoning, Pre Plat, Interim Use Permit Review Deadline Application Received: July 28, 2020 and August 3, 2020 60-day Review Deadline: September 26, 2020 120-day Review Deadline (preliminary plat): December 1, 2020 Summary of Request Jim and Tom Ditter (Ditter Properties) have submitted land use requests to allow subdivision of 4 parcels they own into 5 lots. The four existing parcels are a total of approximately 25 acres, and each range in size from 3-8.5 acres, located east of Holy Name Drive and north of Holy Name Cemetery. The applicant has requested approval of the following requests. Staff recommends they be considered in the following order, since each is contingent upon the previous. 1) Comprehensive Plan Amendment. This amendment would change the future land use of proposed Lots 1 and 4 from Rural Residential to Low Density Residential and reduce the Metropolitan Urban Service Area (MUSA) to match reduced size of the sewered lots. 2) Rezoning of Lots 1 and 4 from Rural Residential to Suburban Residential 3) Preliminary Plat for the subdivision 4) Interim use permit to allow two homes on Lot 1 through life estate (no construction on Lot 4 until 2nd home is demolished). Three existing homes along with a number of outbuildings exist on the four parcels today and the parcels share a driveway off Holy Name Drive. Much of the remaining property is wooded. Holy Name Cemetery is located to the south, the Churchill Farms neighborhood in Plymouth is immediately to the east, and Holy Name Lake is located to the west of Holy Name Drive. An aerial of the site can be found at the top of the following page. Although all of the lots are zoned rural residential (RR), two of the existing four lots are connected to municipal sanitary sewer, having been connected when sewer was extended to Lakeview Drive to bail-out failing septic systems along Holy Name Lake around 2000. These lots are approximately 4.3 and 3.2 acres in size and are guided and zoned Rural Residential. Essentially, the applicants propose to rezone two sewered lots to Suburban Residential and shrink the lots. This additional land would allow an additional rural lot to be created. The applicants submitted a concept plan review for comments over a year ago. The Planning Commission and Council did not raise concerns with the request. Minutes from the Council’s discussion at that time are attached for reference. Agenda Item # 9C Ditter Properties Page 2 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting Comprehensive Plan Amendment The subject properties are all guided Rural Residential in the City’s Comprehensive Plan, but the two parcels connected to sewer are shown within the metropolitan urban service area. The City has no watermains in the area and the properties are all served by individual wells. Although the two properties were connected to the sanitary sewer, the land use and zoning of the parcels remained rural residential. After the sewer was extended, parcels along Lakeview Drive and one parcel east of Holy Name Drive were rezoned to Suburban Residential and ultimately guided as Low Density Residential (LDR). On the other hand, the larger rural properties east of Holy Name Lake that were connected at the same time (including two of the subject parcels) remained zoned and guided rural residential. Staff believes the reason the larger properties were not rezoned was because they exceeded 60,000 square feet. Because the minimum lot size of the SR district is 30,000 square feet, it would have potentially allowed the lots to be further subdivided. However, the sewer was not intended to encourage more sewered development in the area. Ditter Properties Page 3 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting The applicants do not propose to add additional sewered lots to the system. The request is to rezone the two sewered lots to Suburban Residential (SR) and to reduce their size and use reduced land to create an additional rural lot. The resulting two sewered lots would each be less than twice the minimum lot size of the SR district (30,000 square feet). The Land Use Principles, Policies, and Objectives of the relevant land uses from the Plan should provide guidance as the Planning Commission and City Council consider requests to amend the Comprehensive Plan. Staff has attached excerpts from the land use chapter of the 2020-2040 Comp Plan update for reference. The City has the highest level of discretion when considering the Comprehensive Plan and proposed amendments. The definition of RR states that the area is not intended to be served by urban services, while the LDR land use is intended to be served. On its face, it would appear logical that the properties which are connected to the sewer be designated LDR, to be similar to the other parcels which were connected along Lakeview Drive. On the other hand, staff believes it could also be reasonably argued that the sewer was extended as a “bail-out” rather than to change the land use so that the RR guiding better serves objectives of the plan, despite the peculiar situation of having rural property connected to sewer. Staff believes the primary reason these lots were guided Rural Residential is because they are large compared to other sewered lots. It should be noted that there is one additional similarly situated property to the northwest which is just over 6 acres in size and connected to the sewer system. This property owner may have similar arguments to reduce the size of the lot served by sewer and have enough land to meet the RR standard on a second lot. Staff believes it is reasonable to argue that an LDR designation is appropriate for the areas served by City sewer and is consistent with the objectives of the Comp Plan. This is especially true when the change of land use is proposed in connection with a plat which reduces the size of the lots so that they are more similar to other LDR lots. Staff would not recommend the change of land use if the lots were not being reduced in size. Rezoning As previously noted, the applicants propose to zone the two lots which are served by municipal sewer to the Suburban Residential (SR) zoning district. The circumstances surrounding this proposed zoning are essentially the same as discussed above related to the Comprehensive Plan. The City has a high level of discretion when reviewing requests for zoning amendments. Section 825.35 of the City Code provides criteria for rezoning requests: “The City Council may adopt amendments to the Zoning Ordinance and zoning map. Such amendments shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Plan or changes in conditions in the City.” In this case, if the two sewered lots are guided as LDR, it would be appropriate to rezone the property out of the RR zoning district. A number of zoning districts are applied to LDR property within the City, included SR, UR (Urban Residential), R1 (Single-Family Residential), and R2 Ditter Properties Page 4 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting (Single- and Two-Family Residential). The SR zoning district has the largest lot size requirement and is consistent with the property to the northwest along Lakeview Drive. If the Comprehensive Plan Amendment is approved, staff recommends approval of the rezoning of proposed Lots 1 and 4 to the Suburban Residential zoning district. Similar to the discussion surrounding the Comp Plan Amendment, staff would not recommend the rezoning for lots which exceed 60,000 square feet, because it would inadvertently create an opportunity for further subdivision. Preliminary Plat The applicant proposes a total of 5 lots, two of which are proposed to be zoned SR and served by City sewer, and three lots which would be zoned RR. The lots are proposed to be served by a private road in the location of the existing shared driveway. The following table summarizes the proposed SR lots compared to the requirements of the district. SR Requirement Lot 1 Lot 4 Minimum Lot Size 30,000 s.f. 57,376 s.f. 55,310 s.f. Minimum Lot Width 100 feet 139 feet 125 feet Minimum Lot Depth 125 feet 408 feet 275 feet Front Yard Setback 35 feet 1 foot (existing home from ROW) 35 feet Side Yard Setback 15 feet 15 feet 15 feet Rear Yard Setback 40 feet 40 feet 40 feet Max. Hardcover 60% 15% The following table summarizes the proposed RR lots compared to the requirements of the district. RR Requirement Lot 2 Lot 3 Lot 5 Minimum Lot Size 5 acres contiguous suitable soils 7.07 acre 5.65 acre 5.03 acre Gross Area None 9.38 acre 6.7 acre 5.03 acre Minimum Lot Width 300 feet 300 feet 300 feet 300 feet Minimum Lot Depth 200 feet 1180 feet 900 feet 630 feet Front Yard Setback 50 feet 360 feet Side Yard Setback 50 feet 70 feet Rear Yard Setback 50 feet 600 feet Max. Hardcover 40% It appears that the proposed lots meet the minimum lot size standards of the SR and RR zoning district as applicable. The existing home on Lot 1 does not meet the minimum front setback from Holy Name Drive right-of-way (existing 1-foot setback) or the side setback from the north (existing 10 foot Ditter Properties Page 5 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting setback), but the subdivision does not affect this situation because these are existing exterior property lines. Two existing outbuildings on site are located where a proposed property line bisects the structures and another outbuilding is located too close to proposed property lines. These structures will ultimately need to be relocated or demolished. Two of the existing homes are located on what is proposed to be platted as Lot 1. The applicants’ mother lives in the eastern house and the applicants request to allow both homes to remain on Lot 1 while their mother lives in the home. The property is subject to a life estate. After the life estate is no longer in effect, the applicants propose to demolish the home. Until that is completed, Lot 4 would not be buildable. The applicants have requested that the City allow them to delay demolition of the second home and outbuilding through an Interim Use Permit, which is described later in this report. The private road is proposed to be constructed in Outlot B, along the south of the property. The road will be in the location of the existing driveway - but will be widened. Tree Preservation/Landscaping An extensive grove of trees covers much of the subject property. The applicants’ families have planted most of these trees in recent decades. Aerial photos show these plantings over time. It appears that the installation of improvements is likely to require the removal of a number of these existing trees. The tree preservation ordinance would permit the removal of 10% of the trees upon initial site development (installation of street, storm water, etc.) and an additional 15% of trees for the construction on each lot. The tree preservation ordinance allows credit for planted trees, which will significantly reduce or potentially eliminate the need for replacement. Staff recommends that no replacement be required since the trees removed were planted by the owners. Rural residential subdivisions do not include specific buffer yard or landscaping requirements. Even if such requirements did exist, the site include far more trees than would be required. Wetlands/Floodplain/Shoreland A large wetland is partially located along the northeastern portion of the site, and a separate small wetland is located within the woods in the same area. Staff recommends a condition that upland buffers be applied as required by the City’s, including easements, vegetation, and signage. The subject property extends west of Holy Name Drive. The applicant proposes to plat this portion of the property into a separate outlot. Most of this outlot is located within the floodplain adjacent to Holy Name Lake and is subject to relevant regulations. Lots 1 and 4, and much of lots 3 and 5 are located within 1000 feet of Holy Name Lake and subject to the Shoreland Overlay District regulations. These lots will be limited to 25% hardcover. The required front setback exceeds required setbacks from Holy Name Lake, and the lot width and size requirements of the SR district exceed the requirements of the shoreland overlay district. Ditter Properties Page 6 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting Transportation The applicants propose to construct a private road in the location of the existing shared driveway to serve the subdivision, shown as Outlot B on the plat. The private road would extend approximately 350 feet and terminate in a hammerhead. Lots 2 and 3 would then share a driveway to the north of the hammerhead. The City Engineer has not raised concerns regarding the impact of the subdivision on the broader transportation network. Sewer/Water/Easements As noted above, Lots 1 and 4 are proposed to be connected to the City’s sanitary sewer system, but would be served with individual wells. Lots 2, 3, and 5 are proposed to be served by septic and wells. The applicants have submitted soils and percolation information for potential primary and secondary septic location for each proposed rural lot. Staff recommends a condition requiring typical drainage and utility easements over all utilities, wetland locations, stormwater improvements, drainageways and around the perimeter of the lots. Stormwater/LID Review/Grading Review The proposed improvements will be subject to the City’s stormwater management ordinance. The applicant proposes a filtration basin in the eastern portion of the site to meet these requirements. The applicant proposes to grade the site to direct stormwater from the new hardcover on lots 3, 4, and 5 to these improvements. Much of the new private road and all of the new driveways will drain to this basin as well. Park Dedication The subdivision is subject to park dedication according to the subdivision ordinance. The City’s subdivision regulations allow the City to require park dedication as follows: 1) Land – Up to 10% of the buildable property to be dedicated for park purposes – estimated to be approximately 2.4 acres in this case. 2) Cash-in-lieu – The City may also choose to accept cash in-lieu of all or a portion of this land dedication in an amount equal to 8% of the pre-developed market value, with a minimum of $3500 and a maximum of $8000 per home. This would likely be $8,000 in this case (for the new lot). 3) Combination of the above. The City’s decision on required park dedication is guided by its Comprehensive Park, Trail, and open space plan as well as the Master Plan. Map 6-1 from the Park, Trail, and Open Space Plan is attached for reference. These documents do not identify any need for park land in this area of the City. The documents also do not identify future trails specifically on the subject properties. The plans do identify a north-south trail between Medina Road and County Road 24 to the east of Holy Name Lake. The Plan does not identify the precise location of off-street trail corridors. The subject property may provide an alternative north-south location. A large wetland on the property to the north Ditter Properties Page 7 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting would prevent connecting to Medina Road. As such, it appears this alternative may not be preferred to the connection west of Holy Name Lake. The Park Commission reviewed at their August 19 meeting. The Commission did not recommend requiring land dedication, but instead recommended park dedication cash-in-lieu. Interim Use Permit There are currently homes located on three of the existing lots. The two homes nearest to Holy Name Drive are close together. The proposed plat would result in these two homes both being located on Lot 1. The applicants’ mother lives in the second home off of Holy Name Drive, and the property is subject to a life estate. The applicants have requested an interim use permit to allow the two homes on Lot 1 while the life estate is in effect. The applicants propose to not construct a home on Lot 4 until the life estate is no longer in effect, and the second home on Lot 1 is demolished. The applicants have also requested that the three outbuildings which are either located on property lines or do not meet setbacks be allowed to remain while the life estate is in effect. Section 825.73 of the City Code establishes criteria for the City to permit Interim Uses to “allow the establishment or continuation of interim uses under specific and regulated conditions. Interim uses may be allowed by permit if the following conditions are met: (a) the use conforms to the zoning regulations; (b) the date or event that will terminate the use can be identified with certainty; (c) permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and (d) the user agrees to any conditions that the city council deems appropriate for permission of the use.” Staff believes the City has a higher level of discretion in determining whether this Interim Use should be allowed. The City could require that only one home be located on each lot. This would require the applicant to consider one of the following options: 1) the subdivision would need to be delayed; or 2) the lots would need to be realigned so that each house is on a separate lot. Staff believes it is possible to plat the property in a way such that each house would be on a separate lot, but doing so would result in smaller and less usable lots. Staff believes the Interim Use Permit (IUP) is appropriate in this case and recommends approval. Lot 1 is just under the required size for two lots in the SR district and both homes are connected to the municipal sewer system. The event which will terminate the use can be identified and continuation of the two homes will not impose additional costs on the public. Review Criteria The review criteria for the Comprehensive Plan Amendment and Rezoning were described on pages 3-4 of the report. Staff recommends approval of the requests to re-guide Lots 1 and 4 to the LDR land use and rezone to the SR zoning district if the lots are reduced in size so that they could not be subdivided further in the future. Ditter Properties Page 8 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting The preliminary plat would be contingent upon approval of the Comp Plan Amendment and Rezoning, because Lots 1 and 4 could not be reduced in size without the rezoning. Section 820.21, Subd. 10 establishes the following criteria for the review of subdivisions: “In the case of all subdivisions, the City shall deny approval of a preliminary or final plat if one or a combination of the following finding are made: (a) That the proposed subdivision is in conflict with the general and specific plans of the city, or that the proposed subdivision is premature, as defined in Section 820.28. (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way.” Subject to the conditions recommended below, staff does not believe the subdivision would meet these criteria for denial. The criteria for an Interim Use Permit are described above, and staff believes the IUP would be appropriate in this case. Jurisdictional Review Staff routed the proposed Comprehensive Plan Amendment to neighboring cities and relevant agencies. The review timeframe expires on October 12, 2020. The City of Plymouth and Hennepin County have responded and stated that have no comments. Staff believes that these agencies would be the most likely to provide comments. The cities of Loretto, Maple Grove and Greenfield have also indicated that they have no comments. Planning Commission Recommendation The Planning Commission held a public hearing on the requests at the August 12 meeting. No one spoke at the hearing. Commissioners noted that while the series of requests necessary to implement the subdivision was complicated, they generally support the subdivision. The Commission found that the requests met the relevant criteria and recommended approval of the Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Interim Use Permit, subject to the following terms and conditions: 1) The Comprehensive Plan Amendment shall not become effective until reviewed and authorized by the Metropolitan Council pursuant to Minnesota Statues 462 and 473 and the final plat is approved. 2) Approval of the plat shall be contingent upon the proposed Comprehensive Plan Amendment and rezoning of proposed Lots 1 and 4 to the Suburban Residential zoning district. If such rezoning is approved, it shall become effective upon the recording of the plat. 3) Approval of the interim use permit shall be contingent upon recording of the plat. Ditter Properties Page 9 of 9 September 1, 2020 Comp Plan Amend., Rezoning, Pre Plat, IUP City Council Meeting 4) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 5) The Applicant shall submit a letter of credit for 150% of the estimated cost of improvements and demolition of the home and outbuildings to ensure completion of the work. 6) No building shall occur on Lot 4 until the Interim Use Permit has terminated and the second home on Lot 1 and the three outbuildings regulated by the IUP have been demolished. The Applicant shall enter into an agreement in a form and of substance acceptable to the City Attorney to ensure compliance with these requirements. 7) The Applicant shall provide the private road easement/agreement and shared driveway easement/agreement for review and approval by the City attorney prior to final plat. 8) The Applicant shall execute a Stormwater Maintenance Agreement to describe the responsibility of the property owners to maintain the stormwater improvements. 9) The Applicant shall submit soil and percolation information to identify a potential primary and secondary septic site on each rural lot. 10) The Applicant shall meet the requirements of the wetland protection ordinance, including provision of easements, planting of vegetation and installation of signage. 11) The Applicant shall pay a park dedication fee of $8,000 at the time the plat is executed by the City. 12) The Applicant shall address the comments of the City Engineer. Final construction plans shall be submitted along with final plat application and be subject to review and approval. 13) The Applicant shall provide title documentation at the time of final plat application and abide by the recommendation of the City Attorney, with regard to title matters and recording instructions. 14) The request shall be subject to review and approval by the Minnehaha Creek Watershed and any other relevant agency. 15) The final plat applicant shall be filed within 180 days of the date of the resolution granting preliminary approval or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 16) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, construction plans, and other relevant documents. Potential Action Following its review, if the City Council finds the requests consistent with relevant objectives and criteria, the following motion could be made: Move to direct staff to draft documents granting conditional approval of the Comprehensive Plan Amendment, and approval of the Rezoning, Preliminary Plat, and Interim Use Permit subject to the conditions noted in the staff report. Attachments 1. Document List 2. Comprehensive Plan Information 3. Excerpt from draft 8/12/2020 Planning Commission minutes 4. Excerpt from draft 8/19/2020 Park Commission minutes 5. Excerpt from 6/18/2019 City Council minutes 6. Narrative 7. Preliminary Plat/Plans 8/27/2020 Project: LR-20-271 – Ditter CPA, Rezone, Pre-Plat, Interim Use Permit 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 7/1/2020 7/1/2020 3 Yes Yes Application-Updated 7/27/2020 7/1/2020 3 Yes Yes Deposit 7/1/2020 7/1/2020 1 Yes Yes $5000 Plans and PrePlat 7/10/2020 7/9/2020 4 Yes Yes Plans and PrePlat 8/3/2020 7/31/2020 5 Yes Yes Narrative 5/11/2020 5/11/2020 1 Yes Yes Narrative 8/5/2020 8/5/2020 2 Yes Yes Life Estate 7/27/2020 3/30/2000 1 Yes Yes Septic Information 5/15/2020 10/31/2019 46 Yes Yes Stormwater Calcs 7/10/2020 7/9/2020 48 Yes Yes Volume Control Calcs 8/3/2020 7/31/2020 1 Yes Yes <OVER> 8/27/2020 Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes City Engineer comments 7/24/2020 3 Y 4 pages w/ plan notes City Engineer comments Fire/Building comments 7/22/2020 1 Y Legal comments 7/21/2020 2 Y Notice 7/31/2020 4 Y 17 pages w/ affidavit, list and map Jurisdictional Notice 8/12/2020 2 Y 5 pages w/ attachments Preliminary Comments 7/23/2020 3 Y 10 pages w/ attachment Planning Commission Report 8/7/2020 9 Y 26 pages w/ attachments City Council Report 8/27/2020 9 Y 26 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minutes 8/12/2020 Y Park Commission minutes 8/19/2020 Y LLaanndd UUssee PPrriinncciipplleess,, DDeessccrriippttiioonnss,, PPoolliicciieess aanndd OObbjjeeccttiivveess 22002200--22004400 CCoommpprreehheennssiivvee PPllaann FFuuttuurree GGeenneerraall LLaanndd UUssee PPoolliiccyy DDiirreeccttiioonn As described in the Vision Statement, the City of Medina strives to promote and protect its open spaces and natural environment. The City has historically been, and intends to continue to be, primarily a rural community. The City has planned for a limited amount of future development consistent with regional forecast and consistent with Community Goals. FFuuttuurree LLaanndd UUssee PPllaann PPrriinncciipplleess TThhee FFuuttuurree LLaanndd UUssee PPllaann gguuiiddeess tthhee ddeevveellooppmmeenntt ooff MMeeddiinnaa tthhrroouugghh 22004400,, aanndd wwiillll bbee uusseedd ttoo iimmpplleemmeenntt tthhee CCiittyy’’ss ggooaallss,, ssttrraatteeggiieess aanndd ppoolliicciieess.. TThhee PPllaann iiss gguuiiddeedd bbyy tthhee VViissiioonn aanndd CCoommmmuunniittyy GGooaallss aass ffuurrtthheerreedd bbyy tthhee ffoolllloowwiinngg pprriinncciipplleess:: DDeevveellooppmmeenntt PPaatttteerrnnss aanndd NNeeiigghhbboorrhhoooodd FFoorrmm  EEnnccoouurraaggee ooppeenn ssppaacceess,, ppaarrkkss aanndd ttrraaiillss iinn aallll nneeiigghhbboorrhhoooodd ddeevveellooppmmeennttss.. 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BBuussiinneessss DDiissttrriiccttss aanndd CCoommmmeerrcciiaall AArreeaass  FFooccuuss sseerrvviiccee bbuussiinneesssseess aanndd ddeevveellooppmmeenntt nneeaarr uurrbbaann rreessiiddeennttiiaall ddeennssiittiieess aanndd aalloonngg pprriimmaarryy ttrraannssppoorrttaattiioonn ccoorrrriiddoorrss..  PPrroovviiddee ccoonnnneeccttiioonnss bbeettwweeeenn rreessiiddeennttss aanndd ccoommmmeerrcciiaall aarreeaass aanndd pprroommoottee bbuussiinneesssseess wwiitthhiinn mmiixxeedd--uussee aarreeaass..  WWoorrkk ttoo ccrreeaattee jjoobb ooppppoorrttuunniittiieess iinn tthhee ccoommmmuunniittyy ffoorr MMeeddiinnaa rreessiiddeennttss ttoo rreedduuccee ttrraaffffiicc aanndd ccoommmmuuttiinngg ddeemmaannddss..  EEmmpphhaassiizzee sseerrvviiccee aanndd rreettaaiill uusseess wwhhiicchh sseerrvvee tthhee nneeeeddss ooff tthhee llooccaall ccoommmmuunniittyy aanndd pprroovviiddee ooppppoorrttuunniittiieess ffoorr tthhee ccoommmmuunniittyy ttoo ggaatthheerr..  SSuuppppoorrtt bbuussiinneessss ddeevveellooppmmeenntt wwiitthh aa ccoorrppoorraattee ccaammppuuss ssttyyllee wwhhiicchh pprroovviiddeess ooppeenn ssppaacceess aanndd pprrootteeccttss nnaattuurraall rreessoouurrcceess.. Future Land Use Designations Rural Residential (RR) identifies areas for low-intensity uses, such as rural residential, hobby farms, agricultural, horticulture, conservation of ecologically significant natural resources and passive recreation. Density within the RR land use shall be no more than one lot per 10 acres and the area is not planned to be served by urban services during the timeframe covered by this Plan. Low Density Residential (LDR) identifies residential land uses developed between 2.0 units per acre and 3.0.units per acre which are served, or are intended to be served, by urban services. The primary use in this area is single- and two-family residential development. Land Use Policies by Area The following section provides policies for land use designations and is categorized into generalized subsections. The policies for each category as provided below directly support the Community Goals and Land Use Principles. These designations are generalized land uses and are not specific zoning districts. The City will update the zoning ordinance and applicable codes to be consistent with the land use plan and designations identified in this section. The planning process revealed a strong interest in promoting high quality, sustainable development in the City. The Planned Unit Development (PUD) process for large scale or master plan types of development, regardless of whether they are residential, commercial or mixed-uses will be available and will be supported through zoning. Rural Designations The rural designations include Agricultural, Rural Residential and Future Development Area. A large percentage of the community falls into these categories. The purpose of these designations is to provide low-intensity land uses, such as rural residential, farming, hobby farms, horticulture, conservation of natural and ecologically significant natural resources and passive recreation. This area will not be provided with water or sewer service during the timeframe covered by this Plan. A significant segment of this area consists of large, rural parcels with single-family homes. The City recognizes that such low-density, development will continue to be a desired housing alternative. The City's goal is to maintain the rural character of this area. The Metropolitan Council System Statement shows the majority of this area as Diversified Rural, and the City utilizes the Rural Residential designation to be consistent with the System Statement. The Metropolitan Council has identified a significant portion of Medina’s rural area in the Long-term Sewer Service Area (LTSSA) for the Blue Lake wastewater facility. The Metropolitan Council designates the LTSSA for the possibility of extension of urban services in the long-term, beyond 25 years in the future. Medina is required to identify the LTSSA in its Comprehensive Plan. The Metropolitan Council’s LTSSA is identified in Map 5-5. The Metropolitan Council states that the LTSSA is intended to provide opportunities to efficiently extend urban services to accommodate long-term growth. The City believes that much of this area does not support efficient extension of urban services and the City seeks opportunities to remove property from the LTSSA. The following factors affect the efficiency of providing future urban services and are displayed on Map 5-6:  Wetlands, Topography, Regional Parks and Scientific Areas Wetlands occupy a significant portion of the area identified by the Metropolitan Council within the LTSSA, accounting for approximately 40% of the area. This fact, along with topographical conditions, would make the provision of wastewater service inefficient. In addition, Baker Park and the Wolsfeld Woods Scientific and Natural Area occupy large portions of Medina’s rural area, further separating any developable areas.  Historical development patterns Much of the LTSSA was developed with large-lot residential neighborhoods prior to the Metropolitan Council’s LTSSA designation. These properties tend to include large homes with comparatively high home values, making the likelihood of redevelopment with urban services costly. The Metropolitan Council seeks density lower than 1 unit per 10 acres for efficient extension of wastewater service. As evidenced on Map 5-6, the vast majority of the LTSSA within Medina has been previously developed in a pattern that is denser than 1 unit per 10 buildable acres. As a result, much of the LTSSA does not provide opportunity for efficient extension of wastewater service by the Metropolitan Council’s policy.  Distance between regional infrastructure and City infrastructure The Metropolitan Council would need to extend wastewater service into the southern area of Medina if development were to occur in the future. The City’s primary municipal water system is in the northern portion of Medina. One of these services would need to be extended a great distance in order to be provided in connection with the other, or the City would need to establish a separate water system. Either alternative would be costly and would not be efficient. In discussions with Metropolitan Council staff, the City has identified approximately 730 acres to be removed from the LTSSA in the southern portion of the City, because a similar acreage in the northwest corner of the City was added to the Blue Lake wastewater facility service area. The City will continue to seek opportunities to remove property from the LTSSA because of the factors noted above. The City’s Open Space Report proposes several different implementation techniques for allowing open space development and planning to maintain rural character and simultaneously preserve significant natural resources. This result may take the form of innovative developments that clusters smaller lots on larger parcels with permanently conserved open space. Such innovative arrangements can help preserve the City’s natural resources, open space and rural character, while still maintaining an average overall density of ten acres per unit. Medina’s wetlands, lakes, scattered woodlands and soil conditions prevent smaller, unsewered lot development, but are ideal for low-density rural housing. Medina's policy in the permanent rural area is to keep strict soil requirements for septic sites, but allow flexibility for Open Space design developments and to ensure that the permanent rural area will remain rural by eliminating the need for future extension of a sanitary sewer service to replace failing systems. Objectives: 1. Allow low-density development in the Rural Residential Area including innovative arrangements of homes that preserve open space and natural resources. 2. Encourage conservation of open space, farms and ecologically significant natural resources in the rural areas. 3. Enforce stringent standards for the installation and maintenance of permanent, on-site sewage disposal systems. 4. Allow public facilities and services, such as parks and trail systems, if compatible with rural service area development. 5. Allow land uses, such as home-based businesses, hobby farms, horse stables, nurseries and other smaller-scale rural activities, which will not conflict with adjoining residential development. 6. Regulate noise, illumination, animals, and odors as needed to maintain public health and safety. 7. Maintain a maximum density of one unit per forty acres for property in the Agricultural land use. 8. Maintain a maximum density of one unit per ten acres for new development in the Rural Residential and Future Development Area land use. 9. Consider exceptions to maximum density standards for open space developments that protect natural features and put land into permanent conservation. Within the Metropolitan Council’s long term sewer service area (see Map 5-5), these exceptions will be allowed to result in development with a density in excess of one unit per ten gross acres if consistent with the Metropolitan Council’s Flexible Residential Development Guidelines. 10. Urban services will not be provided to the Agricultural, Rural Residential, or Future Development Area land uses during this planning cycle. 11. Require preservation of natural slopes, wetlands, woodlands and other significant natural characteristics. 12. Require that lots contain adequate soil types and conditions as defined in the City's on-site septic system requirements. 13. Protect property within the Future Development Area designation from subdivision and development by requiring ghost plats for subdivisions so that future urban expansion is not compromised. 14. Reduce impervious surfaces where possible by applying low impact design standards and encourage innovative materials and plans that reduce runoff. 15. Encourage and incentivize landowners to participate in the protection and conservation of significant natural resources. Urban Service Designations The Urban Service Area includes the residential and commercial areas of the City that are currently or will be served by municipal water and sewer services. Residential Uses Objectives: 1. Require preservation of natural slopes, wetlands, woodlands, and other significant natural characteristics of the property. 2. Consider exceptions to or modifications of density restrictions for developments that protect the natural features or exceed other standards of the zoning district. Such modification shall generally not exceed -10% of the minimum density or +20% of the maximum density requirement of the relevant land use. 3. Restrict urban development to properties within the sewer service boundary. 4. Regulate land within the Mixed Residential land use to provide opportunities for residential development with a density in excess of 8 units/acre. Flexibility is purposefully provided within the land use to support opportunities for a single project to provide both low- and high- density housing or for multiple developers to partner on independent projects within a Mixed Residential area. 5. Encourage green building practices such as Leadership in Energy and Environmental Design (LEED) principles in neighborhood planning and residential building and low impact development design standards. 6. Regulate the rate and location of development in keeping with availability of public facilities and the City's stated goals, including the undesignated MUSA and growth strategies. 7. Restrict commercial and business development to areas designated in this Plan. 8. Protect property within the City's MUSA boundary from development prior to the provision of urban services that will hinder future division. 9. Create flexible zoning standards that would allow for innovative arrangements of homes, conservation easements, or other creative land use concepts that preserve the City's open space and natural features. 10. Promote attractive, well-maintained dwellings on functional, clearly marked roads, with adequate facilities and open space. 11. Emphasize resident and pedestrian safety. 12. Encourage a controlled mix of densities, housing types, age groups, economic levels, lot sizes, and living styles that are of appropriate scale and consistent with appropriate land use, market demands, and development standards. 13. Establish design criteria for platting and developing site plans which will be compatible with surrounding physical features, existing land uses and the preservation of ecologically significant natural resources. 14. Establish standards for higher density residential development so that such development is compatible with surrounding uses. Such standards may include enclosed parking, green space, landscape buffering and height limitations. 15. Require utilities to be placed underground wherever possible for reasons of aesthetic enhancement and safety. 16. Plan interconnections between separate developments to encourage shared road use to reduce costs and minimize the amount of road surface required. 17. Require planning of trails and walkway systems in the early design stages of all new development so that residential areas are provided safe access to parks and open space. 18. In urban residential zones with sanitary sewer service permit higher density in PUD’s in exchange for (1) reduced land coverage by buildings, (2) provision of more multi-family units; and, (3) sensitive treatment of natural resources. 19. Implement standards for lot sizes and setbacks which recognize the development characteristics and natural resources of each existing neighborhood. 20. Regulate noise, illumination, and odors as needed to protect residential neighborhoods and to maintain public health and safety. Medina Planning Commission Excerpt from DRAFT 8/12/2020 Meeting Minutes 1 Public Hearing - Tom and Jim Ditter – 2032-2052 Holy Name Drive - Comprehensive Plan Amendment, Rezoning, Preliminary Plat and Interim Use permit to subdivide four existing lots into five Finke presented the application. He noted that the request includes a comprehensive plan amendment, rezoning, preliminary plat, and interim use permit. He noted that two of the four lots were hooked up to the sewer system which was installed in the late 1990’s to bail out failing septic systems along Holy Name Lake. Finke stated that other properties which connected were rezoned to Suburban Residential when connected, but larger lots were not. He stated that staff believes lots over 60,000 square feet in size were not rezoned because it may have potentially set up a situation where the lots would be further subdivided, which was not the intent. He showed a site plan showing the existing and proposed comp plan guiding and zoning. Finke noted the proposed lots appear to meet the requirements of each district. Finke noted that the proposed lot lines would result in two homes being located on Lot 1 and would result in some of the existing outbuildings being located on new lot lines. He stated that the 2nd home east of Holy Name was subject to a life estate and the applicants were requesting that the demolition of this house and the outbuildings be delayed while their mother continued to live in the 2nd home. Until that time, no construction would occur on Lot 4. Finke stated that staff recommended approval subject to the conditions noted in the report. Reid asked if Commissioners had any questions. No questions were asked. Tom Ditter (2032 Holy Name Drive) stated that they did not have anything to add but were available for questions. He said that it seemed like people did not have concerns with the preliminary plat. Reid opened the public hearing at 7:21 p.m. There were no comments Reid closed the public hearing at 7:22 p.m. Galzki noted that while the application was complicated, the request was straightforward. He stated that he was in support. Piper stated that it appeared a lot of thought went into how the plat was laid out and she supported it. Motion by Grajczyk, seconded by Piper to recommend approval of the comprehensive plan amendment, rezoning, preliminary plat, and interim use permit subject to the conditions noted in the staff report. A roll call vote was performed: Nielsen aye Galzki aye Piper aye Grajcyk aye Couri aye Reid aye Motion carries unanimously. Medina Park Commission Excerpt from DRAFT 8/19/2020 Meeting Minutes 1 Ditter Properties 2032-2052 Holy Name Drive Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Interim Use Permit – Park Dedication Review Finke provided a brief staff report for the Ditter Properties’ land use requests to allow subdivision of four parcels into five lots at 2032-2052 Holy Name Drive. He noted the park and trail plan does not identify any need for future park land or trails in this area. He stated that the Park Commission had reviewed this request in April 2018 and there was a consensus to recommend cash-in-lieu of land dedication. Jim Ditter, the applicant, confirmed that the Park Commission had previously recommended cash in-lieu of land dedication. Tom Ditter, the applicant, confirmed that nothing in the plan had changed since the last review. Jacob stated that his point of view remains the same as the last time the Park Commission reviewed this request, which is to recommend cash-in-lieu of land dedication. Hutchinson questioned how the cash-in lieu of land dedication value was calculated. Finke explained that per the Park Dedication ordinance the cash-in-lieu amount is equal to 8% of the pre-developed market value with a minimum of $3,500 and a maximum of $8,000 per new lot. Since one new lot is being created and that new lot will sell for over $100,000, the park dedication amount would max out at $8,000. A motion was made by Jacob and seconded by Sharp to recommend park dedication cash-in-lieu of land dedication. A roll call vote was taken: Park Commissioner Ann Thies - aye Park Commissioner Terry Sharp - aye Park Commissioner Steve Lee - aye Park Commissioner John Jacob – aye Park Commissioner Troy Hutchinson – aye Motion passed unanimously. Medina City Council Excerpt from 6/18/2019 Meeting Minutes 1 Ditter Properties – 2032 to 2052 Holy Name Drive – Concept Plan Review (7:40 p.m.) Finke stated that this proposal was reviewed one year ago as a concept noting that this concept reduces the previous request to subdivide four lots into five lots, rather than the previous request for six lots. He noted that two of the four existing lots are proposed to be smaller lots and proposed to be rezoned to suburban residential and reguided as low density residential under the Comprehensive Plan. He stated that those two properties are connected to the City sewer system and the applicant would propose to shrink those lots to better match the proposed rezoning standards, noting that the excess land would be used to create the additional fifth lot. He provided additional information on the Comprehensive Plan amendment that would be necessary and whether it would be appropriate to reguide and rezone the two properties connected to municipal sewer. He reported that the Planning Commission held a public hearing the previous week where one resident spoke in favor of the requests and raised concern about drainage between the properties which could be addressed through the subdivision. He noted that the Planning Commission was supportive of the reguiding of the two properties to low density residential and the creation of the additional lot. He provided background information on the sewer bailout which occurred in the early 2000’s for the properties along Holy Name Lake. He stated that the other properties that were connected to City sewer were rezoned to suburban residential, with the exception of four properties. He explained that perhaps the thought behind excluding those four properties is that they exceeded 60,000 square feet and the intent was to prevent those lots from being subdivided into additional suburban residential lots. He explained that this request would not create additional sewered lots but would shrink the two lots connected to City sewer and create an additional rural residential lot. Albers asked if there would be septic concerns for the new lots. Finke explained that two septic sites would be required, similar to any other rural residential lot. He noted that practically speaking, the two properties connected to sewer could have probably installed new septic systems, but the cost would have been similar to simply connect to the sewer that was made available. Martin stated that both of the proposed suburban lots would be under 60,000 square feet and therefore could not be subdivided further. She noted that the family has already paid for the two sewer connections and should be able to utilize those connections. She stated that this is a beautiful property and the ability to keep the two lots in front and create three beautiful residential lots would fit with the intent of the City to preserve rural residential areas when possible. She stated that she is comfortable with the requests. Pederson stated that he also agrees with this request. He noted that this is adjacent to the cemetery and this would create a great atmosphere in that area. Aug-5-2020 Ditter Preliminary Plan Lot Proposal Ditter Properties and Jim & Tom are submitting a preliminary plan proposing to subdivide our existing property of 4 lots that we own into 5 lots. The 4 lots total approximately 25 acres located east of Holy Name Drive and North of Holy Name Cemetery. At present there are 3 homes located on 3 of the lots- 2052 Holy Name Drive (Jim & Pam Ditter), 2042 Holy Name Drive (John & Anyce Ditter), and 2032 Holy Name Drive (Tom & Mimi Ditter). The 4th lot is a vacant 8 acre lot in about the center of the 4 existing lots. The 1st and 2nd homes (2052 & 2042) are now connected to the existing city sewer system. We are asking the city to consider rezoning these 2 parcels with city sewer to Suburban Residential, which are now zoned Rural Residential. This would allow us to reduce the size of the first 2 parcels and allow us to divide the rest of the existing property into 3 Rural Residential lots. Most of the land is wooded, which we hand planted a variety of trees over the course of the last 30 years. The back 3 lots are zoned Rural Residential and they would all be on their own septic systems and separate wells. We would also like to ask the city to consider giving us a tree waiver for these lots. All the trees that will be affected are trees that we personally planted back in the late 80’s and early 90’s. We purchased the land in 1980 and immediately started planting trees on the property. Originally we farmed the land and planted corn and beans. We basically then turned our farm land into a tree farm. The original woods (the area with the mature oaks, and maples) are on the far north lot where Tom & Mimi live, and that area will not be affected by any of these changes in the new lots. The preliminary plan shows the first house (Jim & Pam Ditter) and the 2nd house (John & Anyce Ditter) on the first lot. The reason for this is that I – Jim Ditter, own both property’s and our mother has Life Estate. We will not remove her home off of the property till she is unable to stay living there on her own. At that time, when she is not living there any longer, we would remove the home so there would only be one home on the lot ( lot 1). The rest of the out buildings on lot 4 would also be removed at this time. We also would not sell lot 4 until our Mother is not living there anymore and all the buildings are removed. We are doing our best to come up with a plan that will work well for us and the City of Medina. We, Jim and Tom Ditter, have lived here our entire lives and plan to stay in Medina long into the future. We also want to keep the 1st home (2052) which is the original Ditter Homestead built in the 1880’s. We would like to preserve this home as long as possible. Thank you. Sincerely Jim & Tom Ditter Planning Department Update Page 1 of 2 September 1, 2020 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: August 27, 2020 SUBJ: Planning Department Updates – September 1, 2020 City Council Meeting Land Use Application Review A) Bartzen Septic Variance – 1075 Oak Circle – John and Mary Bartzen have requested a variance from the required 75-foot setback from wetlands to replace an existing noncompliant septic system. It appears the proposed site is the only location which can accommodate a system. A public hearing was held at the August 18 City Council meeting, after which the Council directed staff to prepare a resolution of approval. Staff intends to present on September 1. B) Ditter Subdivision – 2032-2052 Holy Name Drive – Tom and Jim Ditter have requested Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Interim Use Permit to replat their existing four lots into five lots. A public hearing was held at the August 12 Planning Commission meeting. No one spoke at the hearing and the Commission unanimously recommended approval. Staff intends to present at the September 1 meeting. C) Brugger Home Occupation CUP – 1345 Elsinore Circle – Kayla Brugger has requested a CUP to offer fitness instruction out of her home, in addition to sessions offered in client homes or virtually. A public hearing was held at the August 12 Planning Commission meeting. No one spoke at the hearing and the Commission unanimously recommended approval. Staff intends to present at the September 1 meeting. D) Schwarz Accessory Dwelling Unit – 1425 County Road 24 – Chaid and Jessica Schwarz have requested a conditional use permit to convert an existing home to an accessory dwelling unit to allow construction of a new home on their property. The CUP would also permit three accessory structures on the site. Staff is conducting a preliminary review and will schedule a public hearing when complete, potentially at the October 13 Planning Commission meeting. E) Meadow View Townhomes– north of Highway 55, west of CR116 – Lennar has applied for a preliminary plat to develop 125 townhomes on approximately 20 net acres. Staff has conducted a preliminary review and requested additional information. The Planning Commission held a public hearing at the July 14 meeting and recommended approval, conditioned upon the plan incorporating the final Tamarack Drive study information. The Council reviewed on August 18 and directed staff to prepare documents of approval. Staff intends to present these documents to the Council on September 15. F) Roehl Preliminary Plat – 1735 Medina Road – The Estate of Robert Roehl has requested a preliminary plat to subdivide 28 acres into two lots. The Planning Commission held a public hearing on May 12 and recommended approval. The City Council granted preliminary plat approval on June 16. Staff will await an application for final plat. G) 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. Planning Department Update Page 2 of 2 September 1, 2020 City Council Meeting H) OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate company for OSI) has requested final plat approval for Cavanaughs Meadowwoods Park 3rd Addn. The City Council granted final plat approval on June 16. The applicant has begun site work and applied for a building permit. Staff is working with the applicant on the conditions of approval to allow issuance of the permit. I) Mark of Excellence Comp Plan Amendment, PUD Concept Plan – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Comp Plan Amendment and PUD Concept Plan for development of 76 twinhomes, 41 single- family, and 32 townhomes on the Roy and Cavanaugh properties. The Council adopted a resolution granting conditional approval and authorizing submission to the Met Council. The Met Council has authorized the City to put the amendment into effect. Staff will await a preliminary plat application. J) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Jan-Har, LLP (dba Adam’s Pest Control) has requested various approvals for development of a 35,000 s.f. office building, restaurant, and 13,000 s.f. warehouse/repair shop north of Highway 55, west of Willow Drive (PIDs 04-118-23-21-0001 and 04-118-23-24-0001). The Planning Commission held a public hearing at the November 12 and March 10 meetings and recommended approval. The City Council adopted approval documents on March 17. 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) Long Lake Subwatershed Assessment – staff met with a representative from the DNR related to potential ravine stabilization project within Wolsfeld Woods SNA. Work within a SNA has a number of stringent requirements, even when the project is intended to improve stormwater. Minnehaha Creek is updating its assumptions to meet these requirements to see if a project may be viable. TO: City Council FROM: Jason Nelson, Director of Public Safety, Through City Administrator Scott Johnson DATE: August 28, 2020 RE: Department Updates Center Point Energy Grant Awarded Sergeant Boecker completed a matching grant for Center Point Energy and we were awarded $1600 towards the replacement of two AEDs that were expired. The AEDs have been purchased and put into service in our squad cars. Officer Boeddeker Update Kaylen has completed her third week and has already seen many things: unruly persons, intoxicated driver found lying on the roadway by their vehicle, and a death of an elderly female. These are just some examples of what police officers see on a weekly, if not daily basis. Kaylen is doing a great job so far and is fitting in with the team. Civil Unrest Preparation The Lakes Area Emergency Management group is planning for civil unrest with the trials of the Minneapolis Officers starting in March 2021. We are working on solutions to work together in case things spill out to the outer suburbs. I am in the process of securing equipment to protect the officers should we be called to assist our partner agencies and vice versa. Patrol: Patrol Updates 08/12/2020 through 08/25/2020 Patrol Activities – Between the dates of August 12, 2020 through August 25, 2020 our officers issued 40 citations and 122 warnings for various traffic violations. There was 1 property damage accident reported, 4 medicals, 5 welfare checks/mental health calls, 3 business alarms, 3 residential alarms, 5 suspicious calls, and 12 assists to other agencies. On 08/12/2020 our CSO was dispatched to a reported injured hawk in the yard of a residence in the 2600 block of Hamel Road. The homeowner pointed out the location of the hawk and as the officer approached the hawk flew away. It appeared the hawk had been eating a fresh kill on the ground. MEMORANDUM On 08/14/2020 officers on patrol in the Loretto area came upon a tree that had fallen and taken out some power lines. Loretto Fire Department was requested to assist with blocking some roadways until Xcel Energy could respond to make the scene safe. On 08/15/2020 officer was dispatched to a theft report in the 3300 block of Butternut Drive. The homeowner reported someone stealing a package from his front step after getting a video notification on his phone. A camera on his front step did show someone walking up to his front door early in the morning and removing a package from the front door area. The case has been forwarded to investigations. 08/15/2020 officer working traffic detail for the AutoMotorPlex car show. During that three-hour period two vehicles were clocked at 100 mph on Highway 55. Officers also received two complaints of cars racing both ways along Highway 55. On 08/20/2020 officer was dispatched to a welfare check in the 2400 block of Willow Drive. A passerby observed a female stumble out of a vehicle and was laying on the ground. Upon arrival the officer determined that the female was highly intoxicated, and she was placed under arrest for DWI. A blood search warrant was issued to obtain a blood sample from the female. Charges are pending the results. On 08/20/2020 officer stopped a vehicle for an equipment violation along Highway 55. The officer observed a Wisconsin license plate lying in the vehicle. When the officer ran the plate, he found the plate had been reported stolen. The driver of the vehicle was cited and released at the scene. On 08/24/2020 another theft report was taken along Tamarack Drive where another political sign was reported missing. There have been several political signs removed in this area over the past few weeks. Investigations: Received a report from Hennepin County Child Protection involving possible sexual and physical abuse at a residence in Medina. I met with Child Protection at the residence and interviewed all the parties involved. The investigation is ongoing. While investigating a different incident, I received information on a possible sexual assault involving two siblings. A Corner House interview has been scheduled for the victim. Both the alleged suspect and victim are under the age of 15. The investigation is ongoing. Received the results from a search warrant that I submitted to a bank in Maryland that involved a wire transfer from a business in Loretto. The results showed that the suspect possibly stole someone else’s identity to create the bank account. The investigation is ongoing. There are currently (9) cases assigned to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: August 27, 2020 MEETING: September 1, 2020 SUBJECT: Public Works Update STREETS • Public Works is in the process of putting in place shoulders along several streets, including Chippewa and Shire Drive. • Public Works has completed a second round of mowing throughout the City’s ROWs. • Several streets require fresh striping. I am working with our contractor to complete this second phase. WATER/SEWER/STORMWATER • Public Works and Badger State are performing the final inspections of warranty issues with the Water Tower Rehab Project. A few items to be addressed remain on the list, and it is our goal to have all issues resolved before the warranty expires. • On the evening of August 14th, during a rainstorm, Public Works dealt with a watermain break. It seems the timing is never great for something like this. Repairs to the main are complete but the street will still need to be patched. PARKS/TRAILS • Last week we spent a considerable amount of time weeding the steep banks and shoreline at Lakeshore Park. • Public Works will begin paving preparation soon on the North shoulder of Medina Road. My goal is to complete the section from Brockton Lane North to Hunter Drive this fall. Notices were mailed to residents whose properties are affected by this section of work. • I will be scheduling trail replacement for a portion of the Hamel Legion Park along the western border. • Public Works added additional sand to the volleyball court at The Fields of Medina. A tennis net was also replaced. PERSONNEL • Our part-time summer employee has headed back college, his last day was Friday, August 28th. The parks remain busier than ever and require continuous attention. We remain short-staffed. The loss of help will be very challenging as we head into fall. ORDER CHECKS AUGUST 18, 2020 – SEPTEMBER 1, 2020 050588 CENTERPOINT ENERGY ......................................................... $248.97 050589 DELANO SPORTSMANS CLUB .................................................. $50.00 050590 EXECUTIVE TITLE OF MN LLC .................................................. $13.87 050591 GODDARD SCHOOL................................................................. $250.00 050592 JOHNSON, LAUREL/STEPHEN ................................................ $250.00 050593 JP SALEA GROUP .................................................................... $250.00 050594 MET COUNCIL (SAC) ........................................................... $41,822.55 050595 METRO WEST INSPECTION ............................................... $26,005.89 050596 COMMERCIAL ASPHALT CO. ............................................... $2,202.30 050597 DALTON, MICHAEL/JENNIFER .................................................... $2.83 050598 EDGEWATER TITLE GROUP LLC ............................................ $125.59 050599 JOHNSON, JACK ...................................................................... $113.47 050600 RYAN COMPANIES ............................................................... $1,000.00 050601 WELSH, MARY/CHRISTOPH ...................................................... $42.36 050602 ZHANG, SPENCER/SHEEN ........................................................ $15.87 050603 BERNHARDT, MARY ................................................................ $110.50 050604 CARLSON, KATHRYN ............................................................... $110.50 050605 CRAWFORD, LINDA ................................................................. $136.50 050606 DAHLOF, ANGELA .................................................................... $110.50 050607 DEJUTE PAUL M ....................................................................... $217.75 050608 DYSTE, CYNTHIA ANN ............................................................. $139.75 050609 FRY, BEVERLY ......................................................................... $130.00 050610 GARBERICK, MARGARET ........................................................ $214.50 050611 GRAVIER, GARY ....................................................................... $130.00 050612 KOEHLER, ELIZABETH ............................................................ $214.50 050613 LEE, STEVEN B ........................................................................ $110.50 050614 MAHAMED, FARHIA.................................................................. $110.50 050615 NIELSEN, BETH ........................................................................ $240.50 050616 OLSON, BETTY GRAY .............................................................. $208.00 050617 RESSLER, SHARON M ............................................................. $130.00 050618 RICHMOND, TERRY R. ............................................................. $130.00 050619 SCHMIDT, KATHLEEN .............................................................. $110.50 050620 SCHUTTE, MARIE ..................................................................... $113.75 050621 TWIEHAUS, LAURIE ................................................................. $104.00 050622 ADAMS PEST CONTROL INC .................................................... $89.84 050623 ASPEN MILLS INC ................................................................. $1,116.05 050624 AXON ENTERPRISE INC ............................................................ $70.50 050625 BEAUDRY OIL & PROPANE ..................................................... $192.09 050626 CONTEMPORARY IMAGES ................................................... $2,413.84 050627 DAVEY TREE EXPERT COMPANY ..................................... $17,266.00 050628 DIAMOND MOWERS INC..................................................... $36,187.94 050629 ECM PUBLISHERS INC ............................................................ $400.54 050630 EHLERS & ASSOC INC .......................................................... $5,265.00 050631 GREAT AMERICAN FINANCIAL SERVI .................................... $178.95 050632 HASSAN SAND & GRAVEL ....................................................... $428.25 050633 HOLIDAY (CARWASHES) ......................................................... $110.50 050634 JIMMYS JOHNNYS INC ............................................................ $825.00 050635 KD & COMPANY RECYCLING INC ........................................... $128.58 050636 KENNEDY & GRAVEN CHARTERED .................................. $15,054.45 050637 KRAEMER MINING AND MATERIALS ................................... $5,870.39 050638 LANO EQUIPMENT INC .............................................................. $59.12 050639 MEDTOX LABS ........................................................................... $50.33 050640 METRO ALARM CONTRACTORS INC ..................................... $360.00 050641 OFFICE DEPOT ........................................................................ $420.66 050642 PREMIUM WATERS INC ............................................................. $21.09 050643 RANDYS SANITATION INC .................................................... $4,423.40 050644 ROLF ERICKSON ENTERPRISES INC .................................. $8,096.14 050645 SAFETY SIGNS LLC ................................................................... $58.50 050646 SITEONE LANDSCAPE SUPPLY ................................................ $22.22 050647 STREICHERS INC ....................................................................... $95.96 050648 SUN LIFE FINANCIAL ............................................................ $1,331.91 050649 TEGRETE (CARLSON BLDG) ................................................ $1,416.00 050650 TIME SAVER OFFSITE SEC SVCS IN ...................................... $148.00 050651 US SOLAR BUSINESS - 1 ...................................................... $5,579.97 050652 US SOLAR BUSINESS - 3 ...................................................... $7,199.65 050653 VIKING INDUSTRIAL CENTER .............................................. $1,594.20 050654 WSB & ASSOCIATES INC.................................................... $59,332.25 Total Checks $250,973.27 ELECTRONIC PAYMENTS AUGUST 18, 2020 – SEPTEMBER 1, 2020 005625E PR PERA .............................................................................. $16,392.25 005626E PR FED/FICA ....................................................................... $17,148.20 005627E PR MN Deferred Comp ........................................................... $1,790.00 005628E PR STATE OF MINNESOTA .................................................. $3,752.82 005629E CITY OF MEDINA ........................................................................ $18.00 005630E FURTHER .............................................................................. $1,597.82 005631E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 005632E CITY OF PLYMOUTH ............................................................. $1,024.88 005633E WRIGHT HENN COOP ELEC ASSN ...................................... $2,172.20 005634E VALVOLINE FLEET SERVICES ................................................ $157.39 005635E MINNESOTA, STATE OF ....................................................... $2,187.00 005636E CIPHER LABORATORIES INC. .............................................. $1,224.00 005637E FURTHER .............................................................................. $1,502.90 005638E ELAN FINANCIAL SERVICE .................................................. $5,268.52 005639E FURTHER ................................................................................... $61.50 005640E FARMERS STATE BANK OF HAMEL ......................................... $20.00 005641E VERIZON WIRELESS ................................................................ $265.09 Total Electronic Checks $55,582.57 PAYROLL DIRECT DEPOSIT AUGUST 19, 2020 0510439 BOEDDEKER, KAYLEN C ...................................................... $1,447.65 0510440 JOHNSON, PATRICK M. ........................................................... $834.07 0510441 VOGEL, NICHOLE ..................................................................... $854.22 0510442 ALTENDORF, JENNIFER L. ................................................... $1,521.00 0510443 BARNHART, ERIN A. ............................................................. $2,514.01 0510444 BOECKER, KEVIN D. ............................................................. $2,620.01 0510445 CONVERSE, KEITH A. ........................................................... $2,049.74 0510446 DEMARS, LISA ....................................................................... $1,128.15 0510447 DION, DEBRA A. .................................................................... $1,765.69 0510448 ENDE, JOSEPH...................................................................... $2,133.97 0510449 FINKE, DUSTIN D. ................................................................. $2,650.70 0510450 GALLUP, JODI M. ................................................................... $2,119.19 0510451 GLEASON, JOHN M. .............................................................. $2,213.67 0510452 GREGORY, THOMAS ............................................................ $2,086.77 0510453 HALL, DAVID M. ..................................................................... $2,111.46 0510454 HANSON, JUSTIN .................................................................. $1,957.90 0510455 JACOBSON, NICOLE ............................................................. $1,074.52 0510456 JESSEN, JEREMIAH S. .......................................................... $2,340.93 0510457 JOHNSON, SCOTT T. ............................................................ $2,286.95 0510458 KLAERS, ANNE M. ................................................................. $1,427.40 0510459 LEUER, GREGORY J. ............................................................ $1,857.77 0510460 MCGILL, CHRISTOPHER R. .................................................. $1,505.35 0510461 MCKINLEY, JOSHUA D .......................................................... $2,157.65 0510462 NELSON, JASON ................................................................... $2,531.60 0510463 REINKING, DEREK M ............................................................ $2,145.90 0510464 SCHARF, ANDREW ............................................................... $1,951.05 0510465 SCHERER, STEVEN T. .......................................................... $2,372.91 0510466 DINGMANN, NATHAN ............................................................ $1,154.10 Total Payroll Direct Deposit $52,814.33