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HomeMy Public PortalAbout11.16.2021 Complete City Council Meeting PacketOrdinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE ESTABLISHING THE WESTON WOODS OF MEDINA-SOUTH STORM SEWER IMPROVEMENT TAX DISTRICT THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section I. Background: Findings. 1.01. The City is authorized by Minnesota Statutes, Sections 444.16 – 444.21 (the “Act”) to establish a storm sewer improvement tax district within the Weston Woods of Medina-South development (the “District”) to acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related facilities within the District and to acquire, construct, maintain and improve stormwater holding areas and ponds outside of the District which are for the benefit of the District in accordance with the Act and to levy a tax on all taxable property within the District to finance such activities. 1.02. It is found and determined that it is in the best interests of Medina and its storm water management program that the District be established. The District shall be comprised of the land legally described in Exhibit A, attached hereto. Section II. Establishment: Authorizations. 2.01. The Weston Woods of Medina-South Storm Sewer Improvement Tax District is hereby established. The City shall have all powers and authority conferred by the Act in the operation and financing of the activities of the District. 2.02. The boundaries of the District include all property described in Exhibit A, attached hereto and are depicted in the map on Exhibit B, attached hereto. 2.03. The City Clerk is authorized and directed to file a certified copy of this ordinance with the Auditor and Recorder of Hennepin County. Section III. This ordinance shall become effective upon its adoption and publication and the recording of the plat of Weston Woods of Medina in Hennepin County. Posted 11/10/2021 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, November 16, 2021 7:00 P.M. Meeting to be held telephonically /virtually pursuant Minn. Stat. Sec. 13D.021 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the November 3, 2021 Regular Council Meeting V. CONSENT AGENDA A. Adopt Resolution Granting Approval of a Site Plan Review to BAPS Minneapolis LLC at 1400 Hamel Road B. Approve Recoding Secretary Service Agreement with Time Saver Off Site Secretarial Inc. C. Approve Uptown Hamel Corridor Planning Grant Agreement with Hennepin County D. Approve 2022 Meeting Calendar VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. SH Ventures, Inc. – PID 05-118-23-22-0005 - Lifestyle Auto Condos – PUD Concept Plan B. Weston Woods of Medina – Storm Sewer Improvement Tax District – Public Hearing 1. Ordinance Establishing the Weston Woods of Medina - North Storm Sewer Improvement Tax District 2. Ordinance Establishing the Weston Woods of Medina - South Storm Sewer Improvement Tax District 3. Resolution Authorizing Publication of Ordinance by Title and Summary C. Planning and Building Assistant Position Recruitment D. City Clerk/Assistant to City Administrator Position Recruitment E. Proposed Pay Scale Market Adjustments for 2022 Budget VIII. OLD BUSINESS A. Ditter Cooling, Heating, and Electric – Sign Ordinance Regulations – Text Amendment 1. Ordinance Amending Regulations Pertaining to Signs; Amending Chapter 8 of the City Code 2. Resolution Authorizing Publication of Ordinance by Title and Summary IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. 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: 429 403 178# MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: November 9, 2021 DATE OF MEETING: November 16, 2021 SUBJECT: City Council Meeting Report Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122; Enter Conference ID: 429 403 178# V. CONSENT AGENDA A. Adopt Resolution Granting Approval of a Site Plan Review to BAPS Minneapolis LLC at 1400 Hamel Road – The applicant has requested approval of a Site Plan Review for construction of an approximately 46,000 square foot building at 1400 Hamel Road. City Council directed staff at the November 3, 2021 meeting to bring back the attached resolution approving the Site Plan Review based upon the applicant’s updated architectural plans. Staff recommends approval. See attached resolution. B. Approve Recording Secretary Service Agreement with Time Saver Off Site Secretarial Inc. – Time Saver Off Site Secretarial provides minutes for our regular City Council and Planning Commission meetings. The cost impact of the 2022 rate increase is equal to $10.42/month. Staff thinks the increase is reasonable and recommends approval. See attached agreement. C. Approve Uptown Hamel Corridor Planning Grant Agreement with Hennepin County – Planning Director Dusty Finke was able to work with Hennepin County to find grant funding to study the Uptown Hamel area of Medina. The grant will complete a redevelopment feasibility study and market analysis for retail and service development in the Uptown Hamel area, identify challenges which may discourage investment in the area and opportunities to encourage future activity, and create an actionable plan to support improvements and expansions to existing building and new construction. Staff recommends approval. See attached agreement. 2 D. Approve 2022 Meeting Calendar – Staff has put together the meeting calendar for the City of Medina for 2022. Staff recommends approval. See attached meeting calendar. VII. NEW BUSINESS A. SH Ventures, Inc. – PID 05-118-23-22-0005 – Lifestyle Auto Condos – PUD Concept Plan- SH Ventures, Inc. has requested review of a PUD Concept Plan for development of individually owned auto-condos within twelve buildings with an aggregate footprint of approximately 258,000 square feet. The subject site is south of Highway 55, west of Pioneer Trail. The purpose of a PUD Concept Plan is to provide feedback to the applicant prior to a formal application. Generally, the City Council does not take any formal action and the feedback is purely advisory. Staff is not requesting formal action on the proposed concept. See attached memo. B. Weston Woods of Medina – Storm Sewer Improvement Tax District – Public Hearing – The City Council granted final plat approval of Weston Woods of Medina at the October 19, 2021 meeting. The City’s practice is to require that homeowners’ associations maintain stormwater improvements within developments. This is formalized through an agreement that is recorded against each property. This agreement is included as a requirement on the final plat resolution and the development agreement for Weston Woods. Additionally, the City’s practice is to establish Storm Sewer Improvement Taxing Districts over development sites as a “back-up plan” if the homeowner’s association does not maintain stormwater improvements. The City has taken this step in all recent residential subdivisions. Staff is recommending the establishment of two districts, one for the twinhome neighborhood north of Chippewa Road and a second for the development south of Chippewa Road. The stormwater systems are separate on either side of Chippewa and there will be separate HOAs. See attached memo and ordinances. Recommended Motions after the Public Hearing: 1) Motion to adopt the ordinance establishing the Weston Woods of Medina-North Storm Sewer Improvement Tax District 2) Motion to adopt the ordinance establishing the Weston Woods of Medina-South Storm Sewer Improvement Tax District 3) Motion to adopt the resolution authorizing publication by title and summary 3 C. Planning and Building Assistant Position Recruitment D. City Clerk/Assistant to City Administrator Position Recruitment – Medina staff is requesting to move forward with advertising to fill the full-time Planning and Building Assistant and City Clerk/Assistant to City Administrator vacancies. Both positions are in the 2022 budget and staff will do our best to fill both vacancies in early 2022. The Planning and Building Assistant position will also allow for job description changes in the Planning and Building Department and with the Public Works Administrative Assistant position. Planning Director Dusty Finke is recommending the attached changes to the job descriptions. I continue to work with the Planning Director and the Finance Director to determine what changes are needed for their job descriptions moving forward. I plan to bring forward any needed job description changes soon for these two positions. Staff is phasing into the staffing changes for the City. I will work with Department Heads to review current and long-term staffing needs. Any needs will be brought forward during our future budget discussions. See attached memo and job descriptions. Recommended Motion: Motion to approve job descriptions and authorize staff to begin recruitment for the vacant Planning and Building Assistant and City Clerk/Assistant to City Administrator positions. E. Proposed Pay Scale Market Adjustments for 2022 Budget – Staff is proposing that pay grade adjustments be made to department head positions consistent with the DDA study from July 2021, which include the Public Safety Director, Planning Director, Finance Director and Public Works Director. The pay scale adjustment would be spread over a period of two years for Planning, Finance and Public Works and three years for Public Safety (because this position is not at the top of the scale). With the recent staff changes and vacancies, Department Heads reviewed staff duties at City Hall. The vacant Assistant City Administrator/City Clerk position would be changed to City Clerk/Assistant to City Administrator (per item 7D), with some duties being allocated to Planning, Finance and Public Works. The position’s budgeted annual salary for 2022 would be reduced from a pay grade 7-8 to 5-6. The proposed reduction to the vacant position along with all the proposed wage adjustments would result in an increase of $984 to the 2022 budget. See attached memo. Recommended Motion: Motion to approve and direct staff to implement market adjustments in the 2022 budget. 4 VIII. OLD BUSINESS A. Ditter Cooling, Heating, and Electric – Sign Ordinance Regulations – Text Amendment – Ditter Cooling, Heating, and Electric has requested that the City consider various amendments to its sign ordinance. The applicant operates at 820 Tower Drive, west of Pinto Drive and the applicant’s property backs up to Highway 55. The applicant is interested in installing a dynamic display to advertise its business but believes existing City regulations may limit the effectiveness of such a sign. The City Council reviewed this request and tabled it at the October 19th meeting. Staff has put together proposed changes based on this discussion. See attached report, ordinance and resolution. Potential Actions: Staff has confirmed that the property owner intends to be present at the 11/16 meeting along with their consultant to answer questions from the Council. Staff anticipates that the Council may likely have adjustments to the ordinance as proposed by the applicant. If that is the case, the following action could be taken: OPTION 1: Move to direct staff to present the ordinance pertaining to signs for consideration at the December 7 meeting with the following changes: [ _____________] OPTION 2: If the Council finds that allowing 100% of the sign area to be dynamic for property separated from Highway 55 by the railroad right-of-way, the following actions could be taken: • Move to adopt the ordinance amending regulations pertaining to signs. • Move to adopt the resolution authorizing publication by title and summary. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006148E-006161E for $51,327.18 and order check numbers 052241-052300 for $315,034.80, payroll EFT 0511426-0511459 for $54,477.53 and payroll manual check 020451 for $7,834.82. INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Meeting Minutes November 3, 2021 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2021 3 4 The City Council of Medina, Minnesota met in regular session on November 3, 2021 at 5 7:00 p.m. in the City Hall Chambers. Councilmember Reid presided. 6 7 Reid read a statement explaining that the meeting was being held virtually due to the 8 ongoing pandemic and provided instructions for public participation. 9 10 I. ROLL CALL 11 12 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 13 14 Members absent: None. 15 16 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, Finance 17 Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, 18 Public Works Director Steve Scherer, and Chief of Police Jason Nelson. 19 20 II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 21 22 III. ADDITIONS TO THE AGENDA (7:04 p.m.) 23 Johnson noted that Batty has requested that a motion be made for Reid to be named the 24 Mayor Pro Tem for the meeting. 25 26 Moved by Martin, seconded by DesLauriers, to appoint Reid as Mayor Pro Tem for the 27 meeting. 28 29 A roll call vote was performed: 30 31 DesLauriers aye 32 Cavanaugh aye 33 Albers aye 34 Martin aye 35 Reid aye 36 37 Motion passed unanimously. 38 39 IV. APPROVAL OF MINUTES (7:05 p.m.) 40 41 A. Approval of the October 19, 2021 Work Session City Council Meeting 42 Minutes 43 Reid noted that Johnson distributed proposed corrections to the minutes as submitted by 44 Martin prior to the meeting. 45 46 Moved by Reid, seconded by DesLauriers, to approve the October 19, 2021 work 47 session City Council meeting minutes as amended. 48 49 A roll call vote was performed: 50 51 Medina City Council Meeting Minutes November 3, 2021 2 DesLauriers aye 1 Cavanaugh aye 2 Albers aye 3 Martin aye 4 Reid absent/lost connection 5 6 Motion passed unanimously. 7 8 Martin took over the roll over Mayor in absence of Reid. 9 10 B. Approval of the October 19, 2021 Regular City Council Meeting Minutes 11 Martin stated that prior to the meeting, Johnson distributed the changes she had 12 submitted for incorporation. 13 14 Moved by Martin, seconded by DesLauriers, to approve the October 19, 2021 regular 15 City Council meeting minutes as amended. 16 17 A roll call vote was performed: 18 19 DesLauriers aye 20 Cavanaugh aye 21 Albers aye 22 Reid aye 23 Martin aye 24 25 Motion passed unanimously. 26 27 Reid resumed as Mayor Pro Tem. 28 29 C. Approval of the October 26, 2021 Special Session City Council Meeting 30 Minutes 31 Reid noted that prior to the meeting Johnson distributed changes to be incorporated as 32 submitted by Martin. 33 34 Moved by Reid, seconded by DesLauriers, to approve the October 26, 2021 special 35 session City Council meeting minutes as amended. 36 37 DesLauriers aye 38 Cavanaugh aye 39 Albers aye 40 Martin aye 41 Reid aye 42 43 Motion passed unanimously. 44 45 V. CONSENT AGENDA (7:10 p.m.) 46 47 A. Approve Liquor License to AGH Ventures LLC (DBA X-Golf) at 304 48 Clydesdale Trail 49 B. Approve Communications System Subscriber Agreement with Hennepin 50 County Sheriff’s Office 51 Medina City Council Meeting Minutes November 3, 2021 3 C. Resolution No. 2021-75 Accepting Resignation of Assistant City 1 Administrator/City Clerk Jodi Gallup 2 D. Approve Updated PUD Development Agreement by and between the City of 3 Medina and Medina Townhome Development LLC 4 E. Approve Collateral Assignment and Subordination of Development 5 Agreement by and among the City of Medina and Medina Townhome 6 Development LLC 7 F. Approve Master Services Agreement and Addendums with Solution 8 Builders 9 Martin expressed thanks to Gallup for her 15 years of service to the City and wished her 10 well in her future endeavors. 11 12 Moved by Cavanaugh, seconded by DesLauriers, to approve the consent agenda. 13 14 A roll call vote was performed: 15 16 DesLauriers aye 17 Cavanaugh aye 18 Albers aye 19 Martin aye 20 Reid aye 21 22 Motion passed unanimously. 23 24 VI. COMMENTS (7:13 p.m.) 25 26 A. Comments from Citizens on Items not on the Agenda 27 There were none. 28 29 B. Park Commission 30 Scherer reported that the Commission met on October 20th to discuss the Lifestyle Auto 31 Condos in relation to park dedication. He noted that easements were recommended for 32 trails. He noted that the Lakeshore Park concept was discussed, and the final plan will 33 be developed for public input. He provided an update on work occurring at Hunter Park 34 and Harriot’s Woods. 35 36 C. Planning Commission 37 Finke reported that the Planning Commission will meet the following week to hold 38 hearings related to a concept plan for a townhome development at 342 Hamel Road, a 39 Conditional Use Permit for a drive-thru at Pinto Drive and Highway 55 for Caribou 40 Coffee, and a PUD concept plan for Marsh Point which is a detached villa development 41 east of Arrowhead Drive and south of Bridgewater. 42 43 VII. OLD BUSINESS 44 45 A. Interim Ordinance No. 677 Authorizing a Study and Imposing a Moratorium 46 on Rooftop Elements Extending More than 12 Feet Above a Building (7:17 47 p.m.) 48 Johnson stated that at the October 19th meeting the Council directed staff to prepare the 49 interim ordinance which would prohibit approval or construction of a rooftop element 50 extending more than 12 feet above a building on which it sits. 51 Medina City Council Meeting Minutes November 3, 2021 4 1 Finke stated that at the last meeting the Council found that the existing zoning 2 regulations do not adequately address rooftop elements and the Council acknowledged 3 the need to study and consider amendments to the zoning code. He noted that staff 4 intends to proceed as quickly as possible with the study. He reviewed the purpose of a 5 moratorium and interim ordinance. He stated that the interim ordinance would add a 6 definition of rooftop elements and establish an interim set of regulations which would 7 prohibit a rooftop element from extending more than 12 feet above a roof it is located on. 8 He stated that a moratorium could be in place for one year. He stated that staff 9 suggests placing the moratorium into effect for one year from adoption, noting that the 10 moratorium can be ended earlier if the work is completed prior to that time. 11 12 Reid asked if staff received any requests from the public to speak. 13 14 Johnson replied that he did not receive any requests to speak. 15 16 Martin commented that she finds the proposed ordinance to be consistent with the 17 previous direction from the Council. 18 19 Reid referenced two structures (Holy Name steeple and Saint Ann’s bell tower) that 20 exceed above that height which were constructed prior to the City’s regulations. She 21 noted that there have not been any complaints about the height of those structures and 22 therefore those structures should be considered in the study. 23 24 Moved by Martin, seconded by Albers, to adopt the interim ordinance authorizing a study 25 and imposing a moratorium related to rooftop elements extending more than 12 feet 26 above a building. 27 28 Further discussion: Martin stated that she would appreciate analysis of the density of 29 rooftop elements in the study as well. 30 31 A roll call vote was performed: 32 33 DesLauriers aye 34 Cavanaugh aye 35 Albers aye 36 Reid aye 37 Martin aye 38 39 Motion passed unanimously. 40 41 1. Resolution No. 2021-76 Authorizing Publication of Ordinance by Title 42 and Summary 43 Moved by Martin, seconded by Cavanaugh, to adopt the resolution authorizing 44 publication by title and summary. 45 46 A roll call vote was performed: 47 48 Martin aye 49 Albers aye 50 Cavanaugh aye 51 Medina City Council Meeting Minutes November 3, 2021 5 DesLauriers aye 1 Reid aye 2 3 Motion passed unanimously. 4 5 B. BAPS Minneapolis LLC – 1400 Hamel Road – Site Plan Review for 6 Approximately 46,000 Square Foot Building Including Assembly, 7 Classrooms and Ancillary Spaces (7:27 p.m.) 8 Johnson stated that the applicant is requesting an approximate 46,000 square foot 9 building at 1400 Hamel Road. He noted that the applicant revised their application to 10 remove most of the rooftop elements from the proposed plans. 11 12 Finke stated that the Council has reviewed this application on two previous occasions. 13 He stated that the applicant updated their plans to remove most of the rooftop elements 14 from the proposed plans. He noted that there is a parapet wall on portions of the 15 roofline, but that does not exceed more than 12 feet in order to meet the interim 16 regulations. He stated that staff recommends approval. He stated that the applicant 17 indicated that they are looking forward to being a part of the discussion during the study 18 of rooftop elements and would look to amend their site plan when the ultimate 19 regulations are approved by the City. 20 21 Reid asked if staff received any requests to speak from the public. 22 23 Johnson confirmed that he did not receive any requests from the public to provide input. 24 25 Moved by DesLauriers, seconded by Martin, to direct staff to prepare a resolution 26 granting approval of the site plan review subject to the conditions noted in the staff 27 report. 28 29 A roll call vote was performed: 30 31 Albers aye 32 Martin aye 33 DesLauriers aye 34 Cavanaugh aye 35 Reid aye 36 37 Motion passed unanimously. 38 39 DesLauriers commented that he needed to leave the meeting. He left the meeting at 40 7:33 p.m. 41 42 VIII. NEW BUSINESS 43 44 A. Livable Communities Act – Participation in Local Housing Incentives 45 Program (7:33 p.m.) 46 Johnson stated that the City elected to enroll in the program in the previous ten-year 47 cycle from 2010 to 2020 and staff recommends that the City elect to enroll in the next 48 ten-year period. 49 50 Medina City Council Meeting Minutes November 3, 2021 6 Finke reviewed the minimum requirements noted for participation in the program. He 1 stated that staff recommends adoption of the resolution as proposed. 2 3 1. Resolution No. 2021-77 Electing to Participate in the Local Housing 4 Incentives Account Program Under the Metropolitan Livable 5 Communities Act for Calendar Years 2022 through 2030 6 Moved by Martin, seconded by Cavanaugh, to adopt the resolution electing to participate 7 in the Local Housing Incentives Account Program under the Metropolitan Livable 8 Communities Act. 9 10 A roll call vote was performed: 11 12 Cavanaugh aye 13 Albers aye 14 Martin aye 15 Reid aye 16 17 Motion passed unanimously. 18 19 IX. CITY ADMINISTRATOR REPORT (7:36 p.m.) 20 Johnson had nothing further to report. 21 22 X. MAYOR & CITY COUNCIL REPORTS (7:37 p.m.) 23 Reid provided an update on the work being done to brand Uptown Hamel with a logo. 24 25 XI. APPROVAL TO PAY THE BILLS (7:38 p.m.) 26 Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006117E-006147E 27 for $112,883.13, order check numbers 052123-052240 for $1,198,908.28, and payroll 28 EFT 0511397-0511425 for $54,228. 29 30 A roll call vote was performed: 31 32 Cavanaugh aye 33 Albers aye 34 Martin aye 35 Reid aye 36 37 Motion passed unanimously. 38 39 XII. ADJOURN 40 Moved by Cavanaugh, seconded by Martin, to adjourn the meeting at 7:39 p.m. 41 42 A roll call vote was performed: 43 44 Cavanaugh aye 45 Albers aye 46 Martin aye 47 Reid aye 48 49 Motion passed unanimously. 50 51 Medina City Council Meeting Minutes November 3, 2021 7 1 __________________________________ 2 Kathy Martin, Mayor 3 Attest: 4 5 ____________________________________ 6 Scott Johnson, City Administrator 7 Resolution No. 2021-## DATE Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-## RESOLUTION GRANTING APPROVAL OF A SITE PLAN REVIEW TO BAPS MINNEAPOLIS LLC AT 1400 HAMEL ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Leslie Borg is the fee owner of property located at 1400 Hamel Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, BAPS Minneapolis LLC (the “Applicant”) intends to purchase the Property to construct a building with an area of approximately 46,000 square feet building and ancillary site improvements for a religious/assembly use; and WHEREAS, City regulations require approval of a Site Plan Review for such construction; and WHEREAS, the Applicant has requested approval of a Site Plan pursuant to City regulations; and WHEREAS, the Planning Commission reviewed the Site Plan on September 14, 2021, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the site plan review; and WHEREAS, the City Council reviewed the proposed site plan, considered the Planning Commission recommendation, and heard additional testimony on October 5, 2021, October 19, 2021 and November 3, 2021; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council has determined that the proposed construction is consistent with applicable City requirements. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of the proposed Site Plan Review and the Conditional Use Permit, subject to the following terms and conditions: 1) The Applicant shall enter into a development agreement with the City, which shall be in a form and of substance required by the City Attorney and shall include the conditions described below as well as other requirements by City ordinance or policy. 2) All improvements installed shall be consistent with the architectural plans dated 10/27/2021, landscaping plans dated 10/11/2021, and civil plans dated 9/29/2021 except as may be Agenda Item #5A Resolution No. 2021-## 2 DATE modified herein. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. 3) The Applicant shall submit a letter of credit in an amount of 150% of the site improvements in order to ensure completion. 4) The Applicant shall grant drainage and utility easements over all utilities, stormwater improvements, wetlands, drainageways and locations recommended by the City Engineer. 5) The Applicant shall execute a stormwater maintenance agreement that meets all requirements of the City to satisfy the requirements of the Elm Creek Watershed Management Commission and ensure the long-term maintenance of all on-site stormwater elements. 6) The Applicant shall abide by the requirements of the wetland protection ordinance, including installation of vegetative buffers, recordation of easements, and installation of signage. Plans shall be updated to provide additional buffer area to provide for superior protection to account for the reduced buffer width to the east of the building. 7) The Applicant shall submit specifications confirming that proposed concrete panels are color impregnated in earth tones (rather than painted) and shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. 8) Lighting shall comply with the City’s lighting ordinance, limiting light trespass to 0.2 FC after light ordinance curfew and requiring all lighting to be downcast. 9) Wetland impacts shall be limited to those identified in the Wetland Conservation Act Exemption approved on September 20, 2021. 10) The number of flags displayed on the property shall abide by the City’s sign ordinance and height shall adhere to relevant requirements of City ordinances. 11) Plans shall be updated to provide grading for future trail along Hamel Road. 12) The Applicant shall identify transformer, generator, HVAC locations and provide screening measures for review and approval. 13) The Applicant shall provide traffic control as requested by the City for larger events. 14) All comments from the Elm Creek Watershed District shall be addressed. 15) All comments from the City Engineer shall be addressed. 16) All comments from the Fire Chief shall be addressed. 17) The site plan review approval shall be effective for one year and thereafter shall be considered null and void. 18) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the site plan review and reviewing and preparing related documents. Dated: By: ________________________________ Kathleen Martin, Mayor Attest: By: _________________________________________ Scott T. Johnson, City Administrator-Deputy Clerk Resolution No. 2021-## 3 DATE 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. 2021-## 4 DATE Exhibit A Legal Description of the Property Timesaver Off Site Secretarial, Inc. October 29, 2021 Mr. Scott Johnson, City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 Dear Scott, Enclosed is an Addendum to the Recording Secretary Service Agreement that extends the expiration date to December 31, 2022. The unit rates reflect an increase of 50 cents per hour and 25 cents per page and a base rate increase. The cost impact of the 2022 rate proposal based on 2020 meetings (January -October) would equal $10.42/month. or 53.48imeeting. We appreciate the confidence you have placed in TimeSaver to handle your meeting minute needs and look forward to continuing that relationship in 2022. If you need further information or have questions, please feel free to contact me at 612-251-8999. Best regards, Carla Wirth Owner Enclosure: Recording Secretary Service Agreement Return envelope 5291 River Oak Drive ♦ Savage. .11/IN 55378 ♦ 612-251-8999 ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31, 2021 By and between TimeSaver Off Site Secretarial, Inc. and the City of Medina, 2052 County Road 24, Medina, MN 55340. 1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of the existing Recording Secretary Service Agreement dated December 31, 2020 shall be extended under the same terms and conditions to December 31, 2022. 2. TOSS CHARGES: TOSS shall be paid for its services as recording secretary for each meeting with a one (1) hour minimum, the highest rate prevailing, as follows: a. Base Rate: One Hundred Fifty -Four and 00/100 dollars ($154.00) for any meeting up to one (1) hour (billable time) plus Thirty -Six and 50/100 dollars ($36.50) for each thirty (30) minutes following the first one (1) hour; or b. Unit Rate: Forty -Eight and 00/00 dollars ($48.00) for the first hour of meeting time and Thirty -Two and 00/100 dollars ($32.00) for every hour after the first hour plus Fifteen and 25/100 dollars ($15.25) for each page of draft minutes for submission to the City of Medina for their preparation of final minutes. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January , 2022 CITY OF MEDINA By: Kathy Martin Its: Mayor By: Scott Johnson Its: City Administrator November 1, 2021 TIMESAVER OFF SITE SECRETARIAL, INC. By: CGu. gl vc.k Carla Wirth Its: President & CEO Form 101 (Revised 8/2021) 1 Contract No: PR00003548 CORRIDOR PLANNING GRANT AGREEMENT FOR CITY OF MEDINA This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Housing and Economic Development (“COUNTY”), and City of Medina, 2052 County Road 24, Medina, MN 55340, (“CITY”), a Minnesota municipal corporation. WHEREAS, COUNTY passed resolution 21-0304 on August 17, 2021 authorizing the County Administrator to negotiate a Corridor Planning grant agreement with the City of Medina for $25,000.00 during the period August 24, 2021 - December 31, 2022. The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT A. This Grant Agreement (“Agreement”) shall be effective as of August 24, 2021 and expire on December 31, 2022, unless cancelled or terminated earlier in accordance with the provisions herein. B. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Twenty-Five Thousand Dollars ($25,000). 2. USE OF FUNDS A. Program funds shall support the completion of a redevelopment feasibility study and market analysis for Uptown Hamel, as described in Attachment A, and located within the area outlined in the same attachment. B. CITY will select one or more consultants using a competitive process and through consultation with COUNTY to conduct the study and analysis to create an actionable plan to guide future redevelopment in the subject area. 3. FUNDS DISBURSEMENT A. Prior to submitting any request for reimbursement to the COUNTY, CITY will verify that the eligible activities are completed and paid for. If COUNTY determines that CITY has not verified the required information, COUNTY shall not have any obligation to pay the CITY. B. Funds shall be disbursed directly to CITY after completion of activities and upon the presentation of a claim as provided by law governing COUNTY’s payment of claims and/or invoices. CITY shall submit reimbursement requests to COUNTY Form 101 (Revised 8/2021) 2 for activities rendered no more frequently than monthly, on the form provided in Attachment B. Payment shall be made by COUNTY within thirty (30) days from receipt of the invoice. All reimbursement requests must be submitted prior to the contract expiration date. C. Reimbursable expenses are limited to the actual cost for the above described work items (also outlined in Attachment A). CITY staff time is not reimbursable. 4. INDEPENDENT CONTRACTOR CITY shall select the means, method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of COUNTY for any purpose. CITY is and shall remain an independent contractor for all services performed under this Agreement. CITY shall secure at its own expense all personnel required in performing services under this Agreement. CITY’s personnel and/or contractors engaged to perform any work or services required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of CITY’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of applicable law, against CITY, its officers, agents or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION A. In accordance with COUNTY’s policies against discrimination, CITY shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. B. COUNTY encourages CITY to develop and implement a policy promoting diversity, equity, and inclusion in CITY’s workplace. Form 101 (Revised 8/2021) 3 6. AFFIRMATIVE ACTION Intentionally Omitted. 7. INDEMNIFICATION CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone directly or indirectly employed by CITY, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of CITY personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 8. DUTY TO NOTIFY CITY shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against CITY, its employees, officers, agents or subcontractors, which arises out of the services described in this Agreement. CITY shall also notify COUNTY whenever CITY has a reasonable basis for believing that CITY and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of and/or related to the services described in this Agreement. 9. DATA PRIVACY AND SECURITY A. CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable law, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include but is not limited to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies CITY that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CITY shall promptly notify COUNTY if CITY becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Form 101 (Revised 8/2021) 4 B. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by CITY does not necessarily make the data protected as such under any applicable law. C. In addition to the foregoing MGDPA and other applicable law obligations, CITY shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by CITY or acquired by CITY from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. The redevelopment feasibility study and market analysis for Uptown Hamel that is funded by this Agreement shall not be considered County Data, and notwithstanding anything in this Agreement to the contrary, the City shall have the right to retain said data upon the expiration, cancellation, or termination of this Agreement. D. If CITY has access to or possession/control of County Data, CITY shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COUNTY policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, CITY shall notify COUNTY of the inconsistency and follow COUNTY direction. CITY shall immediately notify COUNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying CITY’s indemnification obligations herein. E. COUNTY may, in its sole discretion, grant CITY limited access to COUNTY computer/data systems, including but not limited to COUNTY computers, networks, databases, applications and/or environments, (“County Systems”) exclusively for the purposes of performing services hereunder. County Systems may be owned by COUNTY or may be licensed by COUNTY from a third party. If COUNTY grants access to County Systems, CITY and all CITY personnel with access to County Systems: (i) shall secure and safeguard all access and authentication information related to County Systems, including but not limited to usernames, passwords, and other applicable authentication information related to County Systems access, (“Authentication Credentials”); (ii) shall not share or distribute Authentication Credentials with any individual; and (iii) shall comply with then applicable COUNTY data practices and security policies, procedures, rules and directions when accessing and using County Systems. Compliance with such requirements is supplemental to CITY’s duty to comply with applicable law and regulations and CITY’s ordinary duty of care in such situations. Form 101 (Revised 8/2021) 5 F. For clarification and not limitation of the foregoing, CITY’s access to County Systems shall be subject to the following: (i) CITY shall notify all personnel with access to County Systems of the obligations imposed by this Agreement; (ii) personnel performing on behalf of CITY shall complete COUNTY approved data practices and security training as required by COUNTY; (iii) if CITY utilizes its own systems, software or equipment in the performance of this Agreement, the same shall meet COUNTY’s technical operating and security system requirements, including but not limited to installing and/or maintaining COUNTY approved firewalls, proxies, filters and other monitors and controls; (iv) CITY shall immediately notify COUNTY of any known or suspected County System incidents or breaches, then comply with all responsive directions provided by COUNTY; and (v) if any CITY personnel with access to County Systems no longer requires said access and/or is no longer performing services hereunder, CITY shall immediately notify COUNTY and ensure that said individual no longer has access to County Systems, including but not limited to deleting, eliminating and destroying all Authentication Credentials. COUNTY may terminate, deny or revoke access to County Systems at any time and without notice. Any notice required by the foregoing shall be provided to the COUNTY Contract Administrator (as identified in the CONTRACT ADMINISTRATION provisions below). G. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Contract Administrator, CITY shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits CITY to retain copies of the County Data, CITY shall not, without the prior written consent of COUNTY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data. (3) Except to the extent required by law or as agreed to by COUNTY, CITY shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, CITY shall, upon COUNTY’s request, certify destruction of any County Data so specified by COUNTY. Form 101 (Revised 8/2021) 6 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CITY binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by CITY, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. Further, CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. CITY shall make contracts between CITY and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between CITY and a subcontractor, or a waiver or release by COUNTY of CITY’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between CITY and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, CITY shall pay any subcontractor within ten (10) days of CITY’s receipt of payment from COUNTY for undisputed services provided by the subcontractor, and CITY shall comply with all other provisions of that statute. Form 101 (Revised 8/2021) 7 12. MERGER, MODIFICATION AND SEVERABILITY The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. 13. DEFAULT AND CANCELLATION/TERMINATION A. If CITY fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless CITY’s default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until CITY’s compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to CITY. B. Notwithstanding any provision of this Agreement to the contrary, CITY shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by CITY. Upon notice to CITY of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to CITY for the purpose of set-off until such time as the exact amount of damages due COUNTY from CITY is determined. Following notice from COUNTY of the claimed breach and damage, CITY and COUNTY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. D. COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled/terminated with or without cause by COUNTY upon thirty (30) days’ written notice. F. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, CITY shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event CITY has performed work toward a deliverable that COUNTY has not accepted at the time Form 101 (Revised 8/2021) 8 of expiration, cancellation or termination, CITY shall not be entitled to any payment for said work, including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. G. CITY has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAWS GOVERN. 15. CONTRACT ADMINISTRATION In order to coordinate the services of CITY with the activities of Hennepin County Housing and Economic Development so as to accomplish the purposes of this Agreement, Ryan Kelley, Economic Development Program Corrdinator, or successor (“Contract Administrator”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and CITY. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CITY shall comply with all applicable law, conditions of any funding sources, regulations, rules and ordinances currently in force or later enacted. B. CITY certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 17. RECYCLING COUNTY encourages CITY to have a single-sort recycling program or provide recycling service for at least three types of materials, which may include food waste. COUNTY also encourages CITY to educate employees about the recycling program. Form 101 (Revised 8/2021) 9 18. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in CITY’s Form W-9 provided to COUNTY. 19. CONFLICT OF INTEREST CITY affirms that to the best of CITY’s knowledge, CITY’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to CITY, CITY shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether CITY will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement. 20. MEDIA OUTREACH CITY shall notify COUNTY, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, CITY (i) that reference or otherwise use the term “Hennepin County” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the services performed hereunder, or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 21. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. Form 101 (Revised 8/2021) 10 22. COOPERATIVE PURCHASING At the time of this Agreement: (1) Hennepin County is a signature party to the Joint Powers Purchasing Agreement (Agreement No. A131396) (the “JPA”); (2) the Minnesota Counties of Anoka, Carver, Dakota, Olmsted, Ramsey, Scott and Washington are signatories to the JPA (“Cooperative Members”); (3) if agreed upon pursuant to a separate agreement between CITY and any Cooperative Member, the JPA allows a Cooperative Member, subject to the terms of the JPA, to purchase the same or substantially similar services based upon terms that are the same or substantially similar to those set forth in this Agreement, including but not limited to price/cost; and (4) COUNTY shall have no obligation, liability or responsibility for any order or purchase made under the contract between a Cooperative Member and CITY. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Form 101 (Revised 8/2021) 11 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer5:signature}} {{userstamp5_es_:signer5:stamp}} Board Resolution No: {{*BoardResolution_es_:signer5:brs}} Document Assembled by: {{Sig_es_:signer1:signature}} {{userstamp1_es_:signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer7:signature}} {{userstamp7_es_:signer7:stamp}} ATTEST: {{Sig_es_:signer8:signature}} {{userstamp8_es_:signer8:stamp}} By: {{Sig_es_:signer6:signature}} {{userstamp6_es_:signer6:stamp}} Form 101 (Revised 8/2021) 12 CITY CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions or ordinances.* By: {{Sig_es_:signer2:signature}} {{userstamp2_es_:signer2:stamp}} {{ ttl_es_:signer2:title}} By: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} {{ ttl_es_:signer3:title}} *CITY represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. Form 101 (Revised 8/2021) 13 ATTACHMENT A – SCOPE and PROJECT AREA SCOPE PURPOSE AND OBJECTIVES The Hamel Road corridor through Uptown Hamel is Medina’s “downtown” area. Significant residential development has occurred nearby the corridor in both Medina and Plymouth within the past 5-10 years, and the population within walking distance has increased. In addition, Hamel Legion Park, the City’s primary community park and recreational destination, is within a block of the corridor, and recreational programming within the park has been expanding along with population. This increase in nearby population and activity provides an opportunity, and planning efforts in the corridor will result in improved outcomes. Medina’s goal is to provide more goods and services and to improve pedestrian connectivity through the corridor as improvements occur. The Uptown Hamel Redevelopment Study will provide data and professional expertise to create an actionable plan for property owners, businesses, and the City to encourage and support improvements, expansions, and new construction on property along the Hamel Road corridor within Uptown Hamel. The objectives of this study are to: • Complete a redevelopment feasibility study and market analysis for retail and service development in the Uptown Hamel area. • Identify challenges which may discourage investment in the area and opportunities to encourage future activity. • Create an actionable plan to support improvements and expansions to existing building and new construction. ACTIVITIES AND DELIVERABLES The City of Medina, through a competitive process and in consultation with Hennepin County, will hire a consultant(s) to conduct a redevelopment study and create an action plan to encourage and support improvements along the Hamel Road corridor in Uptown Hamel. The project will minimally include and address the following: A. A review of previous planning efforts and existing plans B. Engagement with local businesses, property owners, and community members Form 101 (Revised 8/2021) 14 C. A market analysis sufficient enough in area to understand impacts and opportunities of the “Uptown Hamel” district D. A “redevelopment study” to identify barriers to and opportunities for strengthening the “Uptown Hamel” district, including such elements as redevelopment potential, building improvements, housing and affordable housing, and pedestrian connections; E. Creation of an actionable plan, such as a Small Area Plan, to provide guidance and requirements to the City, developers, business and property owners, and related parties on tools and strategies to achieve recommendations from the analysis work. City and County will work with consultant on developing specific tasks and deliverables once consultant is chosen. REIMBURSEMENT Payment will be made on a reimbursement basis. Submit no more than one invoice per month. Invoice must include documentation of the expenses incurred, including copies of invoices from third party contractors. Include the Purchase Order number on each invoice. Send each invoice to the Contract Manager by email. Form 101 (Revised 8/2021) 15 PROJECT AREA Date: August 24, 2021 Description (include billing rate, if applicable) BDI request Grantee Match Total cost Match Source Description Activity 1 - TITLE For example: Consultant fees 20 hours x $55/hour 20,000$ 10,000$ 30,000$ For example: Supplies or materials Materials 8,000$ 8,000$ Materials and supplies for installations. -$ Total 28,000$ 10,000$ 38,000$ Activity 2 -TITLE Other Total -$ -$ -$ Activity 3 - TITLE Staff costs hrs x rate -$ -$ Consultant fees -$ Supplies or materials -$ Other -$ Total -$ -$ -$ Activity 4 - TITLE Staff costs hrs x rate -$ Consultant fees -$ Supplies or materials -$ Other -$ Total -$ -$ -$ Total Reimbursement Request 28,000$ Total Match 10,000$ Percent Match 36% Corridor Planning Name of Organization: City of Medina S MTWTF SSMTWTF S 31 1 1 2 2 3456783456789 9 10 11 12 13 14 15 10 11 12 13 14 15 16 16 17 18 19 20 21 22 17 18 19 20 21 22 23 23 24 25 26 27 28 29 24 25 26 27 28 29 30 S MTWTF SSMTWTF S 30 31123453112 3456 6 7 8 9 10 11 12 7 8 9 10 11 12 13 13 14 15 16 17 18 19 14 15 16 17 18 19 20 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 28 29 30 31 S MTWTF SSMTWTF S 12345 123 6 7 8 9 10 11 12 4 5678910 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 19 20 21 22 23 24 27 28 29 30 31 25 26 27 28 29 30 1 S MTWTF SSMTWTF S 1 22345678 3 456789910 11 12 13 14 15 10 11 12 13 14 15 16 16 17 18 19 20 21 22 CITY COUNCIL - 7:00 pm 17 18 19 20 21 22 23 23 24 25 26 27 28 29 1st Tuesdays* 24 25 26 27 28 29 30 30 31 WORK SESSION - 6:00 pm CITY COUNCIL - 7:00 pm S MTWTF SSMTWTF S 3rd Tuesdays* 1 234567 12345 8 91011121314 6 7 8 9 10 11 12 PLANNING COMMISSION - 7:00 pm 15 16 17 18 19 20 21 13 14 15 16 17 18 19 2nd Tuesdays* 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 31 27 28 29 30 PARK COMMISSION - 7:00 pm 3rd Wednesdays* S MTWTF SSMTWTF S HOLIDAYS 1234 123 5 67891011 4 5678910 ELECTION DAYS 12 13 14 15 16 17 18 11 12 13 14 15 16 17 19 20 21 22 23 24 25 18 19 20 21 22 23 24 CITY EVENTS 26 27 28 29 30 25 26 27 28 29 30 31 *unless otherwise noted January 18th: 4:30 PM City Council Goal Setting Session February 1st: 7 PM Precinct Caucuses (Council moved to Wednesday) April 6th: 6:30 PM Board of Appeal and Equalization Meeting April 19th: 6 PM - Continuation of Board of Appeal Meeting April 30th: 8 AM to Noon Clean-up Day May 21st: Annual Bicycle Safety Rodeo for Kids August 2nd: Night to Unite Neighborhood Celebrations August 3rd: Council meeting moved to Wednesday (Night to Unite on Tuesday) August 9th: State Primary Election Day (Planning Commission moved to Wednesday) September 6th: 6 PM Budget Open House September 17th: Medina Celebration Day November 8th: General Election Day (Planning Commission moved to Wednesday) JUNE NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JULY AUGUST SEPTEMBER OCTOBER 2022 MEETING CALENDAR SH Ventures – Lifestyle Auto Condos Page 1 of 11 November 16, 2021 PUD Concept Plan City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: November 9, 2021 MEETING: November 16, 2021 City Council SUBJECT: SH Ventures, Inc. – PID 05-118-23-22-0005 Lifestyle Auto Condos – PUD Concept Plan Summary of Request SH Ventures, Inc. has requested review of a PUD Concept Plan for development of individually owned auto-condos within twelve buildings with an aggregate footprint of approximately 258,000 square feet. The subject site is south of Highway 55, west of Pioneer Trail. An aerial of the site and surrounding property can be found below. MEMORANDUM Agenda Item #7A SH Ventures – Lifestyle Auto Condos Page 2 of 11 November 16, 2021 PUD Concept Plan City Council Meeting The subject site is currently farmed. There are lower lying areas along the west and east property boundaries which may be wetland areas. Existing Rural Residential homes are located to the east and southeast. Property to the west is currently farmed and designated as Future Development Area. The City of Corcoran is north of Highway 55, with the property to the northwest being zoned industrial. Comprehensive Plan/Zoning The subject site is designated as Future Development Area (FDA) in the Comprehensive Plan and zoned Rural Residential-Urban Reserve (RR-UR). The applicant is proposing a rezoning to Planned Unit Development (PUD) to allow for the development. Staff has prepared a summary of relevant definitions, goals, principles, and objectives from the Comprehensive Plan and the RR-UR and Rural Business Holding (RBH) zoning districts, which is attached. Staff has included some of the most pertinent information here as well. The FDA land use is defined in the Comprehensive Plan as follows: Future Development Area (FDA) identifies areas which could potentially be planned for future urban development in the City that will be provided municipal sewer and water services. This area will remain rural unless and until designated for urban services in a future Comprehensive Plan update. The purpose of the FDA designation is to communicate the future planning intentions to the community. This designation is tentative and depends greatly on future infrastructure improvements, including to regional highway capacity. The following objectives of the Rural Residential/FDA land uses appear most relevant: 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. 8. Maintain a maximum density of one unit per ten acres for new development in the Rural Residential and Future Development Area land use. 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. 14. Reduce impervious surfaces where possible by applying low impact design standards and encourage innovative materials and plans that reduce runoff. The City currently zones property within the FDA land use as RR-UR. The Planning Commission and City Council could discuss whether the objectives of the Comp Plan support allowing limited business uses in the FDA land use prior to the time the area can be developed with urban services. SH Ventures – Lifestyle Auto Condos Page 3 of 11 November 16, 2021 PUD Concept Plan City Council Meeting It is reasonable to find that allowing business development in the FDA is contrary to several of the objectives. Staff is especially concerned with the possibility that development upon FDA property will cause unforeseen issues with future development. Improvements may inadvertently interfere with logical street and utility layouts in the future. Opportunities may be lost to secure rights-of-way, easements, parkland and trail corridors, and similar requirements which may be necessary to support nearby developments depending on the ultimate uses. Staff also is hesitant to encourage new non-residential accesses onto Highway 55. These reasons are why staff originally recommended the RR-UR zoning district for FDA property. However, it may be reasonable for the City to allow limited business development within the FDA land use, especially on property adjacent to Highway 55. Extension of urban services may be decades in the future, and this would provide an opportunity for a more intensive use in the interim. PUD Concept Plan The purpose of a PUD Concept Plan is to provide feedback to the applicant prior to a formal application. Generally, the Planning Commission and City Council do not take any formal action and the feedback is purely advisory. Purpose of a Planned Unit Development According to Section 827.25, PUD provisions are established to provide comprehensive procedures and standards designed to allow greater flexibility in the development of neighborhoods and/or nonresidential areas by incorporating design modifications and allowing for a mixture of uses. The PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, and other development standards is intended to encourage: 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. 2. Higher standards of site and building design. 3. The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. 4. Innovative approaches to stormwater management and low-impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. 5. Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. 6. A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. 7. An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. 8. A development pattern that effectuates the objectives of the Medina Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) 9. A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. SH Ventures – Lifestyle Auto Condos Page 4 of 11 November 16, 2021 PUD Concept Plan City Council Meeting Usually, PUD requests have similar use/density as the existing zoning designation and use the existing zoning as an “underlying” or “base” zoning. The City then determines whether the development made possible through the PUD better meets City goals and objectives than a development which meets the strict letter of the underlying district. The alternative is that the developer proceeds with what is allowed with the standard zoning. This request is a little bit different. The existing RR-UR zoning district would permit just a few rural homes and would not permit non-residential uses such as auto-condos. Some type of rezoning would be necessary to allow for any use beyond agriculture and a few rural homesites. The City has a great deal of discretion when considering the PUD. Proposed Site Layout The following table summarizes the proposed development compared to the requirements of the Rural Business Holding (RBH) zoning district. As noted above, in other PUDs, staff recommends that the Planning Commission and City Council compare the requirements of the underlying district. However, staff does not believe comparing the proposed PUD to the specific dimensional standards of the RR-UR district is sufficient in this case. Staff believes a comparison to a district which allows business uses would be helpful. The RBH zoning district is intended to apply to property which is planned for Business development (generally within the 20-year Comp Plan timeframe), but which has not yet been developed with utilities. Proposed RR-UR Requirement RBH Requirement Minimum Lot Size 30 acres 20 acres/home 20 acres Minimum Lot Width 1023 feet 300 feet 200 feet Minimum Lot Depth 1229 feet 200 feet 200 feet Front Setback 76 feet 50 feet 50 feet Side/Rear Setback 64 feet (east) 76 feet (west) 50 feet 30 feet Residential Setback 64 feet (east) 76 feet (west) N/A 75’ from comm. 100 feet 75’ w/ 70% screen Parking Setbacks Front Yard 40 feet 35 feet Side/Rear 28 feet (east) 20 feet (west) 20 feet Residential 28 feet (east) 20 feet (west) 75 feet 50’ w/ 70% screen Building Height 24 feet 40 feet 30 feet Hardcover 20%-30% 60% 50% of suitable soils SH Ventures – Lifestyle Auto Condos Page 5 of 11 November 16, 2021 PUD Concept Plan City Council Meeting Limitation on Sanitary Sewer Usage The RBH zoning district includes a limitation of sanitary sewage usage to a rate of 100 gallons per day, per net acre, which would be approximately 3000 gallons/day for the subject site, or approximately 11 SAC units. Generally, the City uses Met Council calculations for SAC units, but adjusted the amount for this use based on data provided by the AutoMotorPlex. The City’s calculation is 1 unit per 17,500 square feet + .08 SAC unit per condo. Using this calculation, the RBH district requirement would limit this site to approximately 190,000 square feet of auto condo building floor area (including mezzanine). The applicant is proposing buildings with approximately a footprint of 258,000 square feet, plus mezzanines, likely another 50% or so of the buildings with approximately 200 condos. This would equate to approximately 37 SAC units proposed. Architectural Design Conceptual building elevations are attached for review. The proposed buildings are 80’ wide rectangles with transparent overhead doors along the long sides of the structures for each unit. Beyond the transparent overhead doors and windows, the proposed exterior material are a mix of fiber cement, metal, and wood. The applicant has indicated that the architectural design is conceptual, and they are open to recommendations from the Planning Commission and City Council in terms of preferred materials and design. The following are requirements of the RBH zoning district for context. Flexibility to the standards may be provided or higher standards required as part of the PUD process. Building Materials The RBH district requires: “all exterior building materials shall be durable and meet the following standards: (a) A minimum of 20 percent of the building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System or similar product), copper, or glass. (b) A maximum of 80 percent of the exterior building materials may be decorative concrete, split face (rock face) decorative block, or decorative pre-cast concrete panels. For buildings with a floor area of 12,000 square feet or less, a maximum of 80 percent of the exterior building materials may be commercial grade fiber cement lap siding installed per manufacturer’s specifications. For buildings with a floor area of greater than 12,000 square feet, a maximum of 20 percent of the exterior building materials may be commercial grade fiber cement lap siding installed per manufacturer’s specifications. Concrete and fiber cement materials shall be color impregnated in earth tones (rather than painted) and decorative concrete shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. (c) A maximum of 20 percent of the exterior building materials may be wood, metal (excluding copper), or Exterior Insulation and Finish System or similar product, if used as accent materials which are integrated into the overall building design. Materials Required Glass, stone, brick, stucco Minimum 20% Concrete, (fiber cement if building <12,000 s.f.) Maximum 80% Metal, EIFS, fiber cement Maximum 20% SH Ventures – Lifestyle Auto Condos Page 6 of 11 November 16, 2021 PUD Concept Plan City Council Meeting Building Modulation – minimum of one element per 100 linear feet of façade. Fenestration/Transparency – “Building elevations which face a public street shall include generous window coverage.” Multi-sided Architecture – “Any rear or side building elevation which faces a public street or a residential zoning district shall include design and architectural elements of a quality generally associated with a front façade.” Tree Preservation, Buffer Yard and Landscaping No trees are located on the subject site and the applicant has not provided conceptual landscaping plans. The business districts include the following landscape requirements: • Building Setting - At least 12 feet of landscaped area shall be provided adjacent to all buildings except for walks, plaza space and approved loading docks. Walks within this landscaped area shall be limited to where practically necessary to serve access points of buildings At the very least, staff would recommend landscaping areas at the ends of the buildings where no garage doors will be located. The standard landscaping language would also require landscaping within the areas along the long fronts of the buildings between doors. • Minimum Planting Requirement Required Overstory trees 1 per 50’ site perimeter 92 trees Ornamental trees 1 per 100’ site perimeter 46 trees Shrubs 1 per 30’ site perimeter 153 shrubs • Parking lot landscaping – minimum of 8% of parking lot area Staff believes landscaping within the drive aisle areas and between buildings should be maximized to soften and break up the appearance of hardcover and massing of the structures. • Landscaping islands every 20 spaces, wider separations for cells of 120 spaces • Buffering. Landscaping is required to have an opacity of 50% adjacent to residential zoning districts. A landscaping screen with a minimum opacity of 0.5 adjacent to residential zoning districts and allow a reduction of setbacks with a screen of 0.7. Staff would recommend substantial perimeter landscaping. Wetlands and Floodplain The applicant has not submitted a wetland delineation and staff would recommend that a delineation (or confirmation of no wetlands on-site) be completed prior to any formal SH Ventures – Lifestyle Auto Condos Page 7 of 11 November 16, 2021 PUD Concept Plan City Council Meeting application. It appears that wetlands may potentially extend onto the property in the southeastern and southwestern portion of the property. No floodplain areas are identified on FEMA maps upon the property. Transportation/Parking The applicant proposes access to Highway 55, across from the Eley Auto. MnDOT has indicated that left and right turn lanes would be required if this use is developed. The proposed access is less than a ¼ mile west of Pioneer Trail, which is less than the ½ mile spacing recommended for secondary intersections on principal arterial roadways in rural settings. Staff generally recommends against creating new accesses to Highway 55 if at all possible. Access needs to be provided for property, but staff believes the City has the opportunity to reduce the impact of accesses through land planning. Zoning property which only has access onto Highway 55 for less intensive uses is one strategy to reduce the impact of accesses onto Highway 55. If the City were to consider allowing more intensive uses within the FDA area along Highway 55, staff believes it may be beneficial to prioritize properties with the most practical access options first. For example, properties along County Road 19 would have less impactful options for access and could begin a system of frontage/backage roads for other properties. County Road 19 is constructed to handle trucks and more traffic volume then roadways such as Pioneer Trail and Townline Road but provides safer options for access than Highway 55. If the City were to rezone the property and permit more intensive development, staff believes it is imperative that careful consideration be given to the layout so that improvements do not have detrimental impact on infrastructure planning. Staff would recommend against any development which does not provide flexibility in terms of right-of-way for future roadways. The applicant has proposed providing right-of-way along the north of the property for a potential future frontage road. Staff questions if this is the best option. A backage road along the southern property line might provide more opportunity to serve lots fronting Highway 55 and also the properties to the south in the future. It would also align better with the ultimate intersections at County Road 19 and Pioneer Trail. Right-of-way along both the north and south of the property would provide the most flexibility and would best overcome the risks of allowing premature development which may impact future City infrastructure planning. SH Ventures – Lifestyle Auto Condos Page 8 of 11 November 16, 2021 PUD Concept Plan City Council Meeting Events Staff recommends specific information and limitations on events if a formal application is to proceed. Traffic and sewage usage would peak for car shows and other events well beyond the day-to-day expected usage. With the limited infrastructure in the area, it will be important that events are regulated. Sewer/Water No sewer or water infrastructure is located within a mile of the property and is not planned with in the City’s 2040 Comprehensive Plan. The applicant proposes private shared septic and well systems. No information is provided on the systems. The City’s experience with the AutoMotorPlex has indicated that private auto condos do use a comparatively low amount of water per square foot. Staff believes it would be possible to design an appropriate private septic and well system for the site. Staff believes it would be important to implement a series of protective sediment traps to reduce the likelihood of sediment for car washing to impact the septic field. No water service would be available for fire protection. The structures would need to be sprinkled and supplied by a reservoir to provide adequate sprinkler flow. The fire department could not supplement the fire suppression system through hydrants and would need to rely on tankers. The RBH district requires connection to the municipal sewer and water system when service is available. The applicant should provide an implementation plan for connection to sewer and water and determine how financial guarantees will be established for the cost of transition and payment of relevant fees. Stormwater/Grading Review No information is provided related to grading or stormwater management. Any future development would be subject to relevant City and Pioneer/Sarah Creek regulations. Park/Trails/Multi-Modal While the City’s park and trail plans do not identify improvements in the area of the subject site, staff believes this is because the Comprehensive Plan does not anticipate intensive development in the area within the planning horizon. Similar to the discussion related to transportation, staff believes it is important that the City not miss opportunities or paint itself into a corner by allowing a development which does not provide provisions for future park and trail improvements. When the adjacent properties are planned for development on urban services, there will be a need for park and trail improvements. Staff believes the reservation of land for parks and trails in the future serves the purposes of the PUD ordinance and Comprehensive Plan. SH Ventures – Lifestyle Auto Condos Page 9 of 11 November 16, 2021 PUD Concept Plan City Council Meeting Trails If the development were to proceed, staff would recommend trail easements effectively around the perimeter of the site. The objective would be to provide the potential for future connections to all adjoining properties and rights-of-way. Staff believes this type of flexibility is important for properties that develop early in the FDA land use since the City does not know what surrounding land uses will be when property develops in the future. Parks The City’s general goal is to have a park no more than ½ mile from planned residential developments. As noted previously, the City has not yet planned future uses within the FDA, so applying the ½ mile goal is difficult. Like other infrastructure, staff recommends approaching parkland needs conservatively. The FDA area north of Loretto is approximately 1.2 miles x 0.5 mile. There is also additional FDA to the west of Loretto. This area suggests it would likely require a minimum of 2 parks in the area to meet the ½ mile goal. The map below shows this area. The Park Commission recommended that the City require expansive trail easements to provide the most flexibility for future connections. The Commission did not recommend requiring land for a future park, noting subject site is near the edge of the FDA and is proposing a non- residential use. These factors suggest it may make sense to push the search area for a future park further west. Legend Subject Site ½ mile park radius SH Ventures – Lifestyle Auto Condos Page 10 of 11 November 16, 2021 PUD Concept Plan City Council Meeting Planning Commission Comments The Planning Commission held a public hearing at the October 12 meeting. Minutes are attached for reference. Adjoining property owners generally stated opposition to the use adjacent to their rural lots. The owners were especially concerned about the concept showing a secondary emergency access to Pioneer Trail. Although this strip of land is owned in common with the site on which the development is proposed, the adjacent neighbors have a driveway easement over the property and it currently serves as their private drive. The applicant updated the concept plan to remove this secondary access. Most Commissioners did not believe the proposed PUD was consistent with the objectives of the FDA. One Commissioner seemed to object less to the use within the FDA, but raised concern with this location because of direct access to Highway 55. One Commissioner was more open to the concept if the intensity was reduced and efforts were made to reduce impact on neighbors and make it appear more rural. Review Criteria/Staff Comments The purpose of the PUD Concept Plan is to provide purely advisory comments to the applicant for their consideration whether and how to continue with a formal application. The City has a great deal of discretion when reviewing a PUD because it is a rezoning, which is a legislative action. A PUD should only be approved if it achieves the purposes of the PUD district (described on page 3), the Comprehensive Plan, and other City policies. The PUD process allows flexibility to the general zoning standards to result in a more desirable development than would be expected through strict adherence to the requirements, which in this case are the RBH requirements. The process provides flexibility which is ultimately at the discretion of the City. Such flexibility often cuts in both directions, certain aspects of the development may not meet the general standards while others exceed minimum standards. The flexibility provides the opportunity for collaboration in site design because the City can request adjustments which may be seen as preferred, but would not be required under general standards. Staff believes a general discussion about how much the City wants to encourage development within the FDA may be a good starting point of discussion. Staff believes it is reasonable to assume that any development in the area may likely encourage development interest on other similar properties. If the Planning Commission and Council believes the proposed PUD meets the objectives of the Comprehensive Plan and purpose of the PUD district, staff would strongly recommend that the site layout provide substantial flexibility for future infrastructure planning, including streets, utilities, and parks and trails. Doing so serves PUD purpose, including “encouraging a phased and orderly development and use pattern” and “resulting in smaller networks of utilities and streets thereby lower development costs and public investments.” Staff has provided comments throughout the report to be incorporated into any future formal application. These comments are summarized below: SH Ventures – Lifestyle Auto Condos Page 11 of 11 November 16, 2021 PUD Concept Plan City Council Meeting 1) Provisions shall be included in plans for future infrastructure including streets, utilities, parks and trails. 2) The applicant shall submit evidence of adequate water supply for fire protection and adequate provisions for sewage treatment. 3) If access is provided from Highway 55, the applicant shall construct left and right turn lanes into the property. 4) The access to Highway 55 shall be closed when alternative access is available. 5) The applicant shall provide an implementation plan to connect the facility to municipal sewer and water systems when available. 6) Site design shall provide increased separation and buffering to surrounding land uses. 7) Information on proposed events shall be provided upon formal application and appropriate limitations and regulations shall be required. 8) A wetland delineation shall be provided at the time of formal application. 9) Additional landscaping shall be provided adjacent to and between buildings. 10) Right-of-way shall be provided for future expansion of Highway 55 and for future City street network. 11) Except as explicitly noted within the Planned Unit Development, future applicants shall abide by relevant City requirements. Attachments 1. Comp Plan Info 2. Excerpt from 10/12/2021 Planning Commission minutes 3. Excerpt from draft 10/20/2021 Park Commission minutes 4. Applicant narrative and supporting documentation 5. Concept Plan 6. Conceptual architectural design EXCERPTS FROM COMP PLAN AND ZONING CODE Chapter 2: VISION & COMMUNITY GOALS _______________________________________________________________________________________________ The Vision and Community Goals chapter is the heart of the Comprehensive Plan and provides the foundation from which City officials make consistent and supporting land use decisions. This chapter includes a set of general community goals that guided the creation of this Plan. The concepts in this chapter are some of the few static elements of the Comprehensive Plan. If land uses change or other infrastructure varies from the Plan, decisions will be founded in the goals set forth below. The Vision and Goals were created with the involvement of the Comprehensive Plan Steering Committee (the “Steering Committee”), City officials, and residents of Medina and are broadly supported. Land use designations are subject to strong social and economic pressures to change. Accordingly, it is appropriate that such systems be periodically evaluated in light of changing social and economic conditions. As development evolves, the Vision and Goals will provide the guidance for accomplishing the vision for the future of the community even when changes are necessary to the land use plan. Detailed objectives and recommendations are contained within each of the subject chapters of this plan. Creating the Vision and Goals The residents, the Steering Committee, City officials and staff participated in the planning process for the Plan. A series of public participation meetings were conducted to introduce and solicit information from the residents of Medina. The Steering Committee held work sessions that focused on integrating the concerns and desires of the community together with accommodating growth and regional impacts. An online forum provided additional opportunity for residents to impact the Vision and Community Goals as they were formulated. In addition to land use and growth planning, the City implemented open space, natural resources, and infrastructure planning. The goals which guided this process are integrated into this chapter. Each element of this plan was developed with assistance from city officials and a diverse group of community stakeholders producing a truly representative plan. The City made a conscious decision to emphasize natural resources and open space conservation. Community Vision The following statement provides a vision of the community for the future and the resultant goals and strategies. Medina is a community united by a common goal: to sustain and enhance the quality of life of its residents. Medina will protect its significant natural resources and open space throughout the City, while honoring its rural heritage and fostering safe and well-designed neighborhoods, places of recreation and destinations for citizens to gather. Development within the City will be commensurate with available transportation systems, municipal services and school capacity. Community Goals The following Community Goals are derived from the Vision Statement and inform objectives and strategies throughout the various aspects of the Comprehensive Plan. • Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote the rural character of Medina. • Protect and enhance the environment and natural resources throughout the community. • Encourage and incent innovative and environmentally friendly approaches to planning, engineering and development. • Expand urban services only as necessary to accommodate regionally forecasted residential growth, desired business opportunities and achievement of other Community Goals. Such development and growth shall be at a sustainable pace proportionate with capacity of schools and transportation, water supply and wastewater infrastructure available to the City. • Spread development so that it is not geographically concentrated during particular timeframes. • Promote public and private gathering places and civic events that serve the entire community. • Preserve and expand trails and parks to provide community recreational facilities, connect neighborhoods, and encourage healthy lifestyles of its residents. • Provide opportunities for a diversity of housing at a range of costs to support residents at all stages of their lives. • Encourage an attractive, vibrant business community that complements the residential areas of the City. • Maintain its commitment to public safety through support of the City’s police department and coordinate with its contracted volunteer fire departments. • Manage the City through prudent budgeting processes, retaining a skilled and efficient staff and long-range planning and financial management. Future Land Use Plan Principles The Future Land Use Plan guides the development of Medina through 2040, and will be used to implement the City’s goals, strategies and policies. The Plan is guided by the Vision and Community Goals as furthered by the following principles: Development Patterns and Neighborhood Form • Encourage open spaces, parks and trails in all neighborhood developments. Surveys indicate that a high quality of life is found when residents have visual access to green spaces. • Create neighborhoods with a variety of housing types that are well connected with roads, trails or sidewalks. • Maintain the integrity of rural neighborhoods and promote development patterns consistent with existing rural residential development. • Recognize neighborhood characteristics and promote new development compatible in scale, architectural quality and style with existing neighborhoods. • Stage residential growth to minimize the amount of adjacent developments which occur within the same time period. • Guide density to areas with proximity to existing infrastructure and future infrastructure availability. • Concentrate higher density development near service oriented businesses to help promote walkability. • Consider planned development in surrounding communities when making land use decisions in the City. Road Patterns • Recognize regional highway capacity and planned improvements, along with use forecasts, as major factors in planning for growth and land use changes. • Establish collector streets with good connections through the community’s growth areas. • Promote trails and sidewalk access near roads and thoroughfares to encourage multi- modal transportation choices. • Consider opportunities to improve north-south travel within the City. Open Spaces and Natural Resources • Preserve natural resources throughout the community and provide educational opportunities to residents to help them understand the value of natural areas. • Preserve open spaces and natural resources. • Protect wooded areas and encourage improvement of existing resources and reforestation. Evaluate existing woodland protections and supplement as necessary. • Support the guidelines identified in the Open Space Report to preserve the City’s natural systems. Business Districts and Commercial Areas • Focus service businesses and development near urban residential densities and along primary transportation corridors. • Provide connections between residents and commercial areas and promote businesses within mixed-use areas. • Work to create job opportunities in the community for Medina residents to reduce traffic and commuting demands. • Emphasize service and retail uses which serve the needs of the local community and provide opportunities for the community to gather. • Support business development with a corporate campus style which provides open and protects natural resources. Rural Designations 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 (reference 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. Section 826.25.1. Rural Residential-Urban Reserve (RR-UR) Purpose. The purpose of this district is to provide a zoning district which is consistent with the area guided for future residential or mixed-use development in the city’s comprehensive plan. The district includes areas which are not currently served by municipal urban services but are planned to be at some time in the future. Development within the RR-UR district shall be limited as specified in this section of the ordinance in order to accommodate efficient future development. 835.2 - ZONING – RURAL BUSINESS HOLDING DISTRICT Section 835.2.01. Purpose. The purpose of this district is to provide a zoning district which is consistent with the area guided for business reserve in the city’s comprehensive plan. The rural business holding zone includes areas of the community lying outside of the area in which urban services are currently available to business uses but which will be added to the urban service area in the future. Development within the rural commercial holding district shall be limited in scale until municipal utility services are available and shall be designed in a way to efficiently accommodate additional development in the future and also designed to protect and enhance the natural environment. Medina Planning Commission Excerpt from 10/12/2021 Minutes 1 Public Hearing – SH Ventures, Inc. – South of Hwy 55, West of Pioneer Tr. – Planned Unit Development Concept Plan for Development of Approximately 258,000 S.F. Privately Owned Auto Condos on 31.5 Acres (PID 0511823220005) Finke presented a PUD concept plan for the development of private auto condos on the subject property which includes 12 buildings with a total footprint of about 258,000 square feet. He stated that the main part of the subject property is 30 acres in size and is guided as a future development area and zoned rural residential-urban reserve. He stated that the subject property is farmed, and a wetland delineation would need to be completed prior to submission of formal land use application. He reviewed the surrounding land uses and zoning. He displayed the concept plan and identified the building layout and proposed access (primary and emergency secondary). He reviewed various renderings which were provided by the applicant. He provided additional explanation on the future development area designation of the property within the Comprehensive Plan. He stated that it would be reasonable to consider some business development within the future development area if that development is limited and scaled in a manner not to limit or conflict with future residential development. He asked for input from the Commission related to whether it would be appropriate to have business or non-residential development within the future development area, whether the proposed scale and location of the development proposed is appropriate, and whether there are ways future infrastructure and land planning can be protected by the City. Bill Stoddard, applicant, introduced himself and highlighted some of the projects that he has completed in the metro area. He stated that they are hopeful that this meeting will provide input prior to them moving onto a more formal design stage. He stated that he does agree with the right-of-way dedication as recommended by staff within the staff report. He stated that additional study would be needed related to whether southerly right-of-way would be necessary. He stated that they did meet with representatives with MnDOT related to access and were in agreement with their recommendations. He stated that he believes this would be a good use of the property noting that this property was previously zoned commercial. He stated that this is across from industrial development and believes that this would be a good transition to the residential development to the south. He noted that this type of project could add a significant increase to the tax base with a minimal impact to the area. He stated that COVID pointed out that it is nice to have a place to escape to that is nearby. Piper asked the number of individual condos that would be within the project. Stoddard replied that the concept shows 12 buildings with 20 condos each for a total of 240 condos. He stated that it would be a phased project and could work with less condos, but the space would support this design. Nielsen opened the public hearing at 7:30 p.m. Duane Hendrickson, 4595 Pioneer Trail, stated that he purchased his property in January with the hope of building a home. He stated that he and his wife oppose this request. He stated that when they purchase the property, they were told that the surrounding properties were zoned rural and that he would have easement rights over the area identified as an emergency exit on the concept. He noted that easement is where their driveway is. He stated that he has been told that the easement would only allow access to four or five other five plus acre properties to use that easement. He noted that the plans are not consistent with the documents he was shown when he purchased his property. Neil Campion, 4585 Pioneer Trail, stated that his property would also abut the proposed concept and he also objects to the change in classification from rural residential-urban reserve. He stated that there is a covenant that states that their driveway would provide access to no more than seven properties; three of which already exist. He noted that the covenant allowed for no more than four properties to the west. He Medina Planning Commission Excerpt from 10/12/2021 Minutes 2 stated that these auto condos have events from time to time and people would be walking and parking on the easement which is a shared driveway. Nielsen asked if the resident would still be opposed if the development proposed would not utilize the easement. Campion stated that he would still remain opposed. He noted that typically these types of auto uses are in industrial areas, not residential. He did not believe others would want to build homes next to an auto condominium use. He stated that allowing this type of use would then change the complexion of the area. He did not believe the driveway would be an issue because of the covenant that exists, therefore there would only be one entrance/exit for the site. Finke stated that he received an email from Melody Rose raising concern with noise and lighting. He stated that the resident also had questions about future development to the south and whether there would be access to Chippewa Road. Finke replied that the lighting ordinance would limit to zero footcandles at the property line. He commented that there would be no access to Chippewa Road. Nielsen closed the public hearing at 7:39 p.m. Nielsen asked if staff is aware of the easement and what type of traffic would be allowed. Finke stated that he has seen the document and it does appear to be limited to a number of residential homes from this 30-acre property. He stated that an outlot in the area is owned by the owner of the 30- acre parcel. He stated that the access shown was a secondary access and therefore it would be appropriate to suggest that emergency access would not be allowed and only the one primary access would be allowed. Stoddard confirmed that parcel C is owned by the current owner of the subject property. He confirmed that the easement has a restriction for six or seven homes that can use that area. He stated that they would entertain donating or dedicating parcel C to the neighbors and not having access from that area. He believed that the access from Highway 55 would be sufficient to support the use. Grajczyk asked the number of units that would be allowed for development under rural residential. Finke replied that the default would be a 20-acre lot minimum, although there is a mechanism to allow a denser development if that is laid out with a ghost plat that shows it would not interfere with future development. Grajczyk asked if condos, townhomes, or apartments could be a type of development on the site. Finke replied that it would be rural development, so perhaps one or two rural residential properties or perhaps up to three to four residential lots. He stated that the idea of the future development area is that a specific use for the future has not yet been identified. He noted that when the City goes through the next comprehensive planning process, the future development areas would be reviewed, and a specific use may be identified. Grajczyk stated that he is not against this concept, although he understands the concern of the current residents that live adjacent. He stated that he would like to see things laid out and presented in a manner Medina Planning Commission Excerpt from 10/12/2021 Minutes 3 that would maintain the rural feel for those around the property, perhaps incorporating buffers or landscaping around the property to provide separation. Piper asked if there could be no living accommodations in any of the buildings. Nielsen confirmed that to be true. Piper asked if a person would be able to spend the night. Finke stated that is the case in the automotorplex development and a limitation was put into place. He noted that it would be an appropriate limitation if the proposal were to move forward. Stoddard confirmed that they would have a covenant that does not allow living or overnight stays in the condos. Piper commented that Medina already has an auto complex that is about 60 percent occupied and continues to be under construction. She asked why there would be another use of this type with 240 condos. She stated that the City went through a great deal with the other complex and thus far that business has been a good citizen. She stated that she is against this request for the reason that it would be duplication. Popp stated that he believes that these future development area designations are smart and necessary planning within the Comprehensive Plan. He stated that these designations are in place to allow for growth and changes that need to occur in the future with planning. He stated that rural residential zoning helps to make Medina unique and therefore he is hesitant to give those areas up. He stated that the current application would strongly contradict the visions and goals of the City and interfere with the RRUR zoning and adjacent RRUR zoned sites. He stated that this proposal does not meet the objects of the zoning district and contradicts the adjacent property uses. He did not believe a PUD would be appropriate as the proposed use contradicts with the visions and goals of the City. Rhem echoed the comments of Popp. He stated that he would be concerned with the incongruence of the proposed use with the Comprehensive Plan. He stated that these zoning districts are few and far between and should be preserved. He noted that he has additional concerns with the impact to the adjacent properties and with access. Sedabres stated that he supports any project that would increase the tax base and applauded the effort of the developer. He asked what is attractive about this parcel, given the zoning compared to the other properties in Medina that would be zoned for this use. Stoddard replied that in looking at overall development planning, the Highway 55 corridor would tend to lend itself to a commercial use of some sort. He stated that he understands why Medina has chosen to look at this area in the future because it is not served by sewer. He stated that this would be a great use of property that does not have sewer because it is a lower water and sewer user. He stated that the properties north and west of this property are not going to be five-acre residential properties along Highway 55. He stated that they could provide more buffers to the neighboring properties and could look at dedicating additional land to the neighbors. He also confirmed that they could look at having less buildings on the property. He stated that there is industrial zoned property across the street and this use would generate less traffic than a commercial or industrial park. Sedabres asked if this development would be allowable in the zoning due east, which is business/commercial. He asked if there is a uniqueness to this property having the FDA designation compared to the business and commercial designations along Highway 55. Medina Planning Commission Excerpt from 10/12/2021 Minutes 4 Finke replied that there is not business zoning in the vicinity. He stated that there is some business closer to Willow Drive, noting that area is more appropriate for this type of use but noted that this use also does not neatly fit within the business area. He stated that the automotorplex was also done through a PUD but in an underlying business park area. Sedabres asked if this would be allowed in the rural commercial zoning area. Finke replied that again this use would not cleanly fit within the rural commercial holding area either, and would require a PUD. Sedabres stated that he echoes some of the concerns from staff with the access to Highway 55, as he would like to be thoughtful in the number of accesses allowed. He stated that he also hears the limitations on the easement. He stated that as presented he sees a lot of concerns with the request. Finke provided additional explanation on the FDA/RRUR designation. He asked whether it would be appropriate to consider some business land use in those areas if appropriate means are taken to protect the future development opportunities. He stated that if the City were open to some limited development scale, location would be a factor. He stated that in the interest of limiting new or intensive access onto Highway 55, perhaps some of that rural development occur first near CR 19, which would allow for safer access. Nielsen echoed the comments of Popp. She stated that she would be hesitant to move this forward as the future is unknown and she would hate to limit opportunities in the future by moving this ahead. She stated that she likes the design and appearance, along with the tax base that would be generated, but does not believe this is an appropriate proposal for the property. Stoddard thanked the Commission for its input. He stated that they will continue to have discussions as a team, will continue to be in contact with staff, and will obtain input from the Council. He was optimistic that they could bring forward that the Commission would like. He believed that the City would receive more requests along the Highway 55 corridor that may not fit exactly into the current planning model. He appreciated the time and input of the Commission. Grajczyk stated that he stands behind the comments he made earlier. He stated that he also likes how everyone was engaged in the vision for the future. He noted that this parcel is along a busy highway corridor that will continue to be busier as time goes along. He stated that while it is great to have properties reserved for future use, this would be an opportunity for how the future of Medina could be molded. He stated that the vision directly adjacent to Highway 55 may be different than the properties one mile from Highway 55. He believed that this would be a unique use that would fit well into this property. He understood that there were residents that purchased the adjacent properties with an understanding of what the area would be but cautioned against putting this aside for what may later become a denser more high intensive use. Nielsen agreed that the volume of traffic will only increase, which is why she is hesitant about the access onto Highway 55. Grajczyk commented that he did not anticipate a heavy flow of traffic coming in and out of the site on a regular basis compared to a denser residential use. Finke stated that this will be reviewed by the City Council at its November 3rd meeting. Medina Park Commission Excerpt from 10/20/2021 Minutes 1 SH Ventures, Inc. – PID 05-118-23-22-0005 – Lifestyle Auto Condos – PUD Concept Plan – Park Dedication Review Planning Director Dusty Finke provided an overview of the PUD Concept Plan application for private auto condos on a site south of Highway 55 and west of Pioneer Trail. The concept plan proposes 12 buildings with a 258,000 square foot footprint on 30 acres. The land is currently zoned as rural residential-urban reserve and is guided in the 2020-2040 Comprehensive Plan as future development area. Finke reviewed the Park Dedication ordinance noting the Park Commission could require 10% of the land, which would total three acres, 8% of the market value of the pre-developed land, which would be approximately $50,000 to $75,000 or a combination. He noted the cash value for this project is much less than a dense residential development, which has a minimum park dedication fee of $3,500 per unit. Finke explained that the City’s park and trail plans do not currently identify improvements in the area of the subject site because the Comprehensive Plan does not anticipate intensive development in the area within the currently planning horizon. He stated that staff believes it is important that the City not miss opportunities or paint itself into a corner by allowing a development which does not provide provisions for future park and trail improvements. Finke noted if the development were to proceed, staff would recommend trail easements effectively around the perimeter of the site to provide for future potential connections to adjoining properties. The trail easements would be secured with the development but may not be built out for decades when the surrounding areas develop. Finke explained the City’s general goal to have parks no more than half a mile from planned residential developments. He noted the Future Development Areas (FDA) in the vicinity would likely require a minimum of two parks in the future when development occurs. He noted the subject site is in the northeast area of the FDA and its proposed use of auto condos would not have a high demand for park needs. Therefore, it may make sense to plan for a future park further west of the subject site. Bill Stoddard, applicant, introduced himself and highlighted some of the projects that he has completed in the metro area. He stated that they are hopeful that this meeting will provide input prior to them moving onto a more formal design stage. He noted he felt his project was a good use in this FDA since residential may not make sense right off Highway 55. Jacob polled each Park Commissioner on the project and there was a consensus to support staff’s recommendations to require trail easements around the perimeter of the property and look for future park opportunities further west of this site as future development occur. Concept Stage PUD Application for a 31.5 Acre Parcel Located on State Hwy. 55 in Medina for an Upscale Life -Style Auto Condo Development Proposed Concept PUD Application Summary: Our proposed development by SH Ventures, Inc. is for a very upscale Life -Style Auto Condo development bordering Hwy 55 in western Medina on an approximately 31.5 acre site. We are proposing to create approximately 240 units on the current farmland. There has been a strong demand for similar projects and our proposed development aims to raise the bar and deliver a beautiful auto condo designed by award winning ESG Architecture & Design. Our project as designed can be an option to the "up north cabin" and a quick get -away as a "he-shed/she-shed" or perhaps to look at your favorite automobile and send a couple emails from a superior setting to the kitchen table that gets used to frequently as Covid has gotten many of us desiring to work from home. The market is burgeoning and our proposed development may add north of $50,000,000.00 to the local tax base, while not requiring municipal services of water & sewer. We have designed open space and a large setback from abutting properties to the east, west and south. We are in discussions with MnDot about an access directly off Hwy 55 and the trip generations are very low during the weekdays with trips generally happening on Saturdays at other developments that we desire to compliment. Trip generations are much lower with our proposed development than the commercial use the city changed recently. We propose to cluster the units in the northern 2/3 of the site. The property comes with two outlots that provide site access and utility access from the eastern and southern directions. We propose to widen Hwy 55 with City and MnDot approval and have attached Exhibit -7 with road widening details. We further propose to only use the existing site access from our eastern side as a secondary emergency vehicle access. This Narrative and accompanying Plans & Exhibits will further detail items as requested by Zoning Administrator and City Ordinance. Required Concept PUD Information per City Code Section 827.33: (a) General Information: Names and addresses of existing landowner and applicant found on City Application Form. Professional Consultants for our proposed development include: Architect: ESG Architecture & Design 500 S. Washington Ave. #1080 Minneapolis, MN 55415 Civil Engineer: Anderson Engineering of MN, LLC 13605 1St Ave. N #100 Plymouth, MN 55441 Traffic Engineer: Swing Traffic Solutions 4290 Norwood Land North Plymouth, MN 55442 Attorney/Legal: Messerli & Kramer 1400 Fifth Street Towers 100 South Fifth St. Minneapolis, MN 55402 Title Company: Custom Homes Builders Title LLC 10850O1d County Rd 15 #100 Plymouth, MN 55441 Applicant and landowner confirm that valid purchase agreement exists, an existing title commitment exists and title commitment is being updated from Custom Homes Builders Title LLC of Plymouth, MN. (b) Present Status: Address of vacant land is XXX Highway 55 with property Identification Information and legal addresses located in attached Exhibit 1- PID & Limited Legal Description of Property. The existing Zoning of residential was recently changed from previous Commercial Zoning without the existing landowners knowledge. The existing Zoning Map is attached per Exhibit 2-Existing/Current Zoning Map. An existing survey by Sathre- Bergquist, Inc. depicting this parcel is found in attached Exhibit 3 -Existing Survey. A new survey is being obtained depicting both subject vacant property and land within 1,000 feet of subject property per City requirements. (c) Written Statement: Refer to above Proposed Concept Stage PUD Application Summary. (d) Site Conditions: Site conditions detailed in attached Exhibit 3 -Existing Survey by Sathre-Bergquist, Inc. depicts a relatively flat site currently being farmed as a corn field, with a small amount of wooded area on the far eastern border. Our new survey on order will depict drainage patterns and significant rock outcroppings if any, soil conditions, etc. (e) Schematic Drawings of Proposed Development: Refer to attached Exhibit 4 -Schematic Concept Plans by ESG Architects depicting Upscale Life -Style Auto Condo Plans & Renderings and Draft Site Plan. (f) Statement of Number of Units & SF of Developed Land: At this early Concept stage we are proposing up to approximately 12 separate buildings with 20 units each for up to 240 total units. No area will be devoted to residential use however unit owners will be able to customize their interiors which may include bathrooms and mini -kitchens. All of the single -use space will be devoted to auto condos with paving and parking area to be more further defined by % in next PUD Application stage. A very large amount of open space around the east and west sides and an even larger of open area will be left vacant with this plan. An outdoor pavilion with picnic tables and play area for youngsters is planned. (g) PUD Staging: A Staging Plan will be forthcoming with next PUD Application. Generally a project of this magnitude would be phased for three construction seasons it is believed. (11) Open Space Provisions: All individual owners in this development will be required to be a member of an Auto condo owners association -similar to a homeowners association with rules and regulations and a regular maintenance fee to ensure all open spaces and roads are maintained on a regular basis. (i) Restrictive Covenants: Restrictive covenants will be filed with title limiting and regulating ownership regarding site use and maintenance, etc. as the City desires and applicant believe an upscale development like this warrants. Overnight living will be specifically prohibited in the forthcoming unit owners association documents, similar to a homeowners association which has rules and regulations specifying acceptable and non -acceptable uses. (j) Schematic Utilities Plan: We have requested to provide the schematic utilities plan during the next PUD Application stage. Our proposed development will not be needed to hook up to municipal sewer and we desire to provide subsurface sanitary sewage systems and well water at this site. Our projects use will require very low water usage with some unit owners opting to customize their units with bathrooms and/or mini -kitchenettes requiring water and sanitary sewage needs. Additionally if our future planning determines a unit should be dedicated to auto -watching we understand the grey water storage/disposal needs to be addressed per City and State regulations. (k) Mailing Labels: Mailing Labels of property owners withing 1,000 feet of the subject property have been obtained and found in attached Exhibit 6 - Mailing Labels. (1) & (m) Additional Information: Applicant will forward any additional information as requested by Zoning Administrator, Planning Commission and/or City Council as requested. ATTACHED EXHIBITS: 1. PID's & Limited Legal Description of Property; 2. Existing/Current Zoning Map; 3. Existing Survey; 4. Schematic Concept Plans by ESG Architects; 5. Schematic Draft Site Plan by ESG Architects; 6. Mailing Labels for Properties within 1,000 ft. of Proposed Development; 7. Detail for Proposed Road Widening of Hwy 55. File: Medina PUD concept Application Concept Stage PUD Application SUPPLEMENT Upscale Life-Style Auto Condo Application SUPPLEMENT: Since our initial Application Medina’s Dusty Finke requested additional information on a few items including the following we have recently conceptually addressed. Much more discussion with Mr. Finke, our consultants and City Planning Commissions & City Councils will help formulate our proposed development. Attached please find information regarding: 1. Life Safety Fire Suppression Systems from Summit Fire Consulting; 2. Discussion of ROW Dedication along Hwy 55 & other; 3. MnDot Meeting Recap regarding access/egress directly off of Hwy 55; 4. Emergency Vehicle Access only from parcel C to our site; and 5. Park Dedication Brainstorming 1. At this time we believe our project will be a Group U occupancy with Type 5b construction. Summit Fire Consulting will design a sprinkler fire suppression system accordingly for City Staff and Fire Marshall review. Refer to Exhibit #1 for Summit Fire Consulting potential options. 2. At this time we believe in event the City requests us to dedicate road ROW on south Hwy 55 boarder, we may be amenable to a dedication of 55-60 ft. to city for future transportation planning. Refer to Exhibit #2. 3. Anderson Engineering and us had an overview meeting with four representatives of MnDot last month. MnDot agrees that a development of this stature would warrant both right and left turn lanes (not signals of course) for access from Hwy 55. Refer to Exhibit #3. 4. We propose Emergency Vehicle Access only from Parcel C off of Pioneer Trail to eliminate traffic from the residential area at this time and more discussion will be held about City and neighbor desires. 5. Mr. Finke discussed land dedication for a potential park in lieu of a park dedication fee. More discussion to be held on this relating to the access off of Hwy 55 topic. Never the less our engineers are discussing this request, Refer to Exhibit #4. HIGHWAY 55 HIGHWAY 55 EXPANSION SPACE 25 0 ' - 0 " POND PICNIC/ PLAYGROUND AREA ENTRY/EXIT ENTRY GATE OUTDOOR PAVILION BLDG //01 BLDG //02 BLDG //03 BLDG //04 BLDG //05 BLDG //06 BLDG //07 BLDG //08 BLDG //09 BLDG //10 BLDG //11 BLDG //12 1 8 ' - 0 " GUEST PARKING 68' - 0" 10' - 0" 280' - 0" 80' - 0" 80' - 0" 40' - 0"40' - 0" 29' - 0" 10' - 0" 29' - 0" 240' - 0" 6 8 ' - 0 " 34' - 0" 30 0 ' - 0 " 280' - 0" 55' - 0" 55' - 0" 65' - 0" 58' - 8" 61' - 9" 60 ' - 8 " 60' - 7" 78' - 10" 125' - 0" 120' - 1" 78' - 4" 55' FRONTAGE RIGHT OF WAY - DEDICATED TO THE CITY PARCEL C OUTLOT DEDICATED TO 2 ABUTTING PROP OWNERS 1" = 100'-0"MP1.1 1 ARCHITECTURAL SITE PLAN Scale:1" = 100'-0" AUTO CONDO 10.17.2021 SITE PLANMEDINA MN SEPT 2021 PID: 0511823220005 Medina, MN SEPT 2021 PID: 0511823220005 Medina, MN SEPT 2021 PID: 0511823220005 Medina, MN Public Hearing – Weston Woods Page 1 of 1 November 16, 2021 Stormsewer Improvement Tax District City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: November 10, 2021 MEETING: November 16, 2021 City Council SUBJECT: Public Hearing – Weston Woods of Medina – Storm Sewer Improvement Tax District Background The City Council granted final plat approval of Weston Woods of Medina at the October 19 meeting. The City’s practice is to require that homeowners’ associations maintain stormwater improvements within developments. This is formalized through an agreement that is recorded against each property. This agreement is included as a requirement on the final plat resolution and the development agreement for Weston Woods. Additionally, the City’s practice is to establish Storm Sewer Improvement Taxing District over development sites as a “back-up plan” if the homeowner’s association does not maintain stormwater improvements. The City has taken this step in all recent residential subdivisions. Prior to considering the establishment of such a district, the City Council is required to hold a Public Hearing. Notice of this public hearing was published for the November 16 meeting. Staff is recommending the establishment of two districts, one for the twinhome neighborhood north of Chippewa Road and a second for the development south of Chippewa Road. The stormwater systems are separate on either side of Chippewa and there will be separate HOAs. Staff Recommendation Staff recommends that the City Council first hold the hearing on the Storm Sewer Improvement Tax District. After the hearing, staff would recommend the following actions: 1) Motion to adopt the ordinance establishing the Weston Woods of Medina-North Storm Sewer Improvement Tax District 2) Motion to adopt the ordinance establishing the Weston Woods of Medina-South Storm Sewer Improvement Tax District 3) Motion to adopt the resolution authorizing publication by title and summary Attachments 1. Ordinance establishing the Weston Woods of Medina-North Storm Sewer Improvement Tax District 2. Ordinance establishing the Weston Woods of Medina-South Storm Sewer Improvement Tax District 3. Resolution authorizing publication by title and summary MEMORANDUM Agenda Item #7B Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE ESTABLISHING THE WESTON WOODS OF MEDINA-NORTH STORM SEWER IMPROVEMENT TAX DISTRICT THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section I. Background: Findings. 1.01. The City is authorized by Minnesota Statutes, Sections 444.16 – 444.21 (the “Act”) to establish a storm sewer improvement tax district within the Weston Woods of Medina-North development (the “District”) to acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related facilities within the District and to acquire, construct, maintain and improve stormwater holding areas and ponds outside of the District which are for the benefit of the District in accordance with the Act and to levy a tax on all taxable property within the District to finance such activities. 1.02. It is found and determined that it is in the best interests of Medina and its storm water management program that the District be established. The District shall be comprised of the land legally described in Exhibit A, attached hereto. Section II. Establishment: Authorizations. 2.01. The Weston Woods of Medina-North Storm Sewer Improvement Tax District is hereby established. The City shall have all powers and authority conferred by the Act in the operation and financing of the activities of the District. 2.02. The boundaries of the District include all property described in Exhibit A, attached hereto and are depicted in the map on Exhibit B, attached hereto. 2.03. The City Clerk is authorized and directed to file a certified copy of this ordinance with the Auditor and Recorder of Hennepin County. Section III. This ordinance shall become effective upon its adoption and publication and the recording of the plat of Weston Woods of Medina in Hennepin County. Ordinance No. ### 2 DATE Adopted by the City Council of the City of Medina this _____ day of __________, 2021 Kathleen Martin, Mayor Attest: _____________________________________ Scott T. Johnson, City Administrator Published in the Crow River News on this _____ day of ____________, 2021. Ordinance No. ### DATE 3 EXHIBIT A Legal Description of property contained within boundaries of Weston Woods of Medina-North Storm Sewer Improvement Tax District Lots 1-4, Block 7, Lots 1-10, Block 8, Lots 1-4, Block 9, Lots 1-16, Block 10, Lots 1-10, Block 11, Lots 1-18, Block 12, Lots 1-6, Block 13, Lots 1-8, Block 14, Outlots F through L, Weston Woods of Medina, Hennepin County, Minnesota Ordinance No. ### DATE 4 EXHIBIT B Map of Weston Woods of Medina-North Storm Sewer Improvement Tax District Ordinance No. ### 2 DATE Adopted by the City Council of the City of Medina this _____ day of __________, 2021 Kathleen Martin, Mayor Attest: _____________________________________ Scott T. Johnson, City Administrator Published in the Crow River News on this _____ day of ____________, 2021. Ordinance No. ### DATE 3 EXHIBIT A Legal Description of property contained within boundaries of Weston Woods of Medina-South Storm Sewer Improvement Tax District Lots 1-4, Block 1, Lots 1-9, Block 2, Lots 1-4, Block 3, Lots 1-10, Block 4, Lots 1-10, Block 5, Lots 1-5, Block 6, Outlots A, B, and E, Weston Woods of Medina, Hennepin County, Minnesota Ordinance No. ### DATE 4 EXHIBIT B Map of Weston Woods of Medina-South Storm Sewer Improvement Tax District Resolution No. 2021-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NOS. ### AND ### BY TITLE AND SUMMARY WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an ordinance establishing the Weston Woods of Medina-North Storm Sewer Improvement Tax District; and WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an ordinance establishing the Weston Woods of Medina-South Storm Sewer Improvement Tax District; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinances are each four pages in length and contain a map; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinances. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city administrator-deputy clerk shall cause the following summary of Ordinance Nos. ### and ### to be published in the official newspaper in lieu of the ordinances in their entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, an ordinance establishing the Weston Woods of Medina-North Storm Sewer Improvement Tax District and Ordinance No. ###, an ordinance establishing the Weston Woods of Medina-South Storm Sewer Improvement Tax District. The tax districts apply to the property within the Weston Woods of Medina plat and development and would allow the City to acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related facilities related to the Districts and to levy a tax on all taxable property within the Districts to finance such activities. The full text of the ordinances are available from the city administrator-deputy 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 administrator-deputy clerk keep a copy of the ordinances in their office at city hall for public inspection and that they post a full copy of the ordinances in a public place within the city. Resolution No. 2021-## 2 DATE Dated: . ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________________ Scott T. Johnson, City Administrator-Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Honorable Mayor and City Council FROM: Scott Johnson, City Administrator DATE: November 9, 2021 MEETING DATE: November 16, 2021 SUBJECT: Planning and Building Assistant and City Clerk/Assistant to City Administrator Recruitment Background Medina staff is requesting to move forward with advertising to fill the full-time Planning and Building Assistant and City Clerk/Assistant to City Administrator vacancies. Both positions are in the 2022 budget and staff will do our best to fill both vacancies in early 2022. The Planning and Building Assistant is a new position that allows Medina to shuffle job responsibilities at City Hall. These changes will allow for the Public Works Administrative Assistant to transition and work at 600 Clydesdale Trail with the Public Works Department. The Public Works Administrative Assistant will take on other duties at 600 Clydesdale Trail and I am recommending an extra step increase for this position be included in the 2022 Budget. The Planning and Building Assistant position will also allow for job description changes in the Planning and Building Department. Planning Director Dusty Finke is recommending the attached changes in the job descriptions for his department. I think the job description changes will update and help clarify the different roles in the Planning and Building Department. The City Clerk/Assistant to City Administrator position is open due to the recent resignation of Assistant City Administrator/City Clerk Jodi Gallup. I am requesting that the pay grades be lowered for this position to grades 5-6. This change allows Medina to address the salary issues that were identified for the Department Heads and City Administrator positions with the DDA Study that was conducted this summer. These changes will allow Medina to address the salary issues over a three- year period and move these positions to 100 percent of market per the study. These wage changes will be made with minimal impact to the 2022 budget. I continue to work with the Planning Director and the Finance Director to determine what changes are needed for their job descriptions moving forward. I plan to bring forward any needed job description changes soon for these two positions. Staff is phasing into the staffing changes for the City. I will work with Department Heads to review current and long-term staffing needs. These needs will be brought forward during our future budget discussions. Medina staff delivers a high level of service to our residents. It is my mission to hire the right people to add to our excellent staff to continue this level of service and our organizational culture. Staff is stretched to its limit with the number of new developments, streets, trails, utilities, and day to day Agenda Item # 7C & 7D 2 duties. I greatly appreciate the excellent job by our staff stepping up to cover job responsibilities due to the recent resignation of our Assistant City Administrator/City Clerk. We have an exceptional staff. Job descriptions for the Public Works Administrative Assistant, Planning and Building Assistant, and City Clerk/Assistant to City Administrator are included in your packet. Planning and Building Assistant position is a pay grade 3 with pay range of $25.54 up to $33.02/hour DOQ. City Clerk/Assistant to City Administrator position is a pay grade 5-6 with a pay range of $30.79 up to $41.97/hour DOQ. The starting wage will be set based on the top candidates’ skills, knowledge, and abilities. Staff recommendation: Motion to approve job descriptions and authorize staff to begin recruitment for the vacant Planning and Building Assistant and City Clerk/Assistant to City Administrator positions. City of Medina Position Description PLANNING AND BUILDING ASSISTANT City Council Approved: - Position Title: Planning and Building Assistant Department: Planning/Zoning Supervisor’s Title: Planning Director Pay Grade: Step 3 FLSA Status: NON-EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION To provide support to the Planning Department with primary responsibility for administering the building permit process. Coordinates the receipt and issuance of building permits, routes to appropriate parties for review, processes payments, issues permits and completes relevant reports pertaining to building permits. Provides customer service and administrative support to the Planning Department. ESSENTIAL FUNCTIONS  Coordinates the receipt and issuance of building permits. Receives applications, reviews for sufficient information and routes permits for review by appropriate parties as necessary. Applies appropriate fees, issues permits and accurately processes payments. Ensures state licenses are current.  Provide information to residents, contractors, and other members of the public pertaining to routine questions pertaining to building permits, application processes, and property files. Route questions to other staff as appropriate.  Assists the Planning Department in answering general questions or providing information to residents and the general public.  Prepares reports, letters, and documents related to Planning/Zoning and Building Inspection activity for the Metropolitan Council, DNR, MPCA, Metropolitan Council, Bureau of Census, and other agencies and coordinates efforts with agencies as needed.  Maintains building permit and property record files.  Assists with the process of receiving and distribution of various land use applications to city staff, city consultants, and outside review agencies or jurisdictions. Assist with maintenance of land use application project files.  Assigns addresses for subdivisions and notifies county and city assessor of new properties.  Assists in processing escrows/deposits for permits and inspection reviews.  Maintains Subsurface Treatment System (SSTS) records pertaining to compliance reports, maintenance, and operating permits.  Maintains Planning Department website.  Maintains Planning Commission records including agendas, minutes, and packets. Prepares packets for Planning Commission meetings. Prepares mailed notices for public hearings.  Provides administrative support and customer service for Planning Department. Maintains office supplies for City Hall departments, orders supplies as necessary.  Represents the City of Medina and the Planning Department in a tactful manner that commands respect of the public, contractors, developers and others. OTHER DUTIES AND RESPONSIBILITIES  Commits to creating and maintaining a healthy workplace culture by following the City of Medina’s core values, which include teamwork, trust, professionalism, and communication.  Provides customer service over the phone, computer, and at the front counter for planning projects.  Notarizes documents for the public for the City.  Performs other related duties as delegated by the supervisor or apparent.  Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate.  Cross-train in office functions to support City during absence of other staff.  Undertake employee-required training. City of Medina Position Description PLANNING ASSISTANT City Council Approved: - HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Knowledge of municipal operations, City policies, procedures, and ordinances, or the ability to acquire such knowledge in a relatively short period of time.  Knowledge of, and skill in, the correct use of English in business writing.  Knowledge of guidelines/practices related to records retention.  Skill to communicate with a variety of individuals and handle a variety of customer service situations.  Strong knowledge and skills in the operation pertinent software packages, including Microsoft Office applications, database/data management software, and other programs.  Ability to make decisions in accordance with established policies and procedures.  Ability to work independently and plan, organize and prioritize work tasks.  Ability to prepare work results with completeness and accuracy.  Ability to handle interruptions and concentrate on the task at hand.  Ability to handle multiple ongoing tasks and complete work in a timely manner.  Ability to occasionally lift, move and/or carry files, deliveries, and storage boxes.  Ability to use various office equipment. Machines, tools, and equipment used: City or personal vehicles, computer and printer, phone, scanners, calculator, and other typical office equipment. MINIMUM QUALIFICATIONS  High school degree or equivalent.  Experience involving construction, building permits, urban planning, municipal administration or related field (alternatively, two years administrative experience in less related field may be considered). DESIRABLE QUALIFICATIONS  Post-secondary education/training or certification in construction, building permits, urban/regional planning, or related field.  Two years of experience involving construction, building permits, urban planning, municipal administration, or related field. WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to meetings, training and site visits/inspections to properties in the City for code enforcement review. Generally, the position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job. City of Medina Position Description CITY CLERK/ASSISTANT TO CITY ADMINISTRATOR City Council Approved: November 16, 2021 Position Title: City Clerk/Assistant to City Administrator Department: Administration Supervisor’s Title: City Administrator Pay Grade: Step 5-6, DOQ FLSA Status: EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION Provides administrative support to the City Administrator. Serves as City Clerk. Coordinates elections. Issues solicitor permits, special event permits, tobacco licenses and liquor licenses. Maintains files of personnel, contracts, projects, resolutions, ordinances, city code and other documents for general city administration. Prepares a variety of documents including internal and external newsletters, meeting and information packets, reports, memos, and surveys. Administers projects primarily under the oversight of the City Administrator. ESSENTIAL FUNCTIONS OF POSITION  Acts as City Clerk; duties including but not limited to issuing solicitor permits, special event permits, tobacco licenses and liquor licenses, and notarizing public documents.  Acts as City liaison for the Hamel Community Building; communicates with the Hamel Lions. Works at keeping the operating agreement and rental agreements current. Answers questions by the general public relating to the community building.  Acts as Recycling Coordinator for the City by attending quarterly Hennepin County meetings, compiling tonnage reports, applying for annual SCORE funds, and responding to public concerns.  Acts as the City’s primary IT and communications contact and facilitates trouble-shooting or other system errors with City’s contracted consultant.  Acts as a receptionist for city hall including answering phones and in-person requests for information, greeting and referring citizens to proper source.  Assists in preparation of department correspondence and memos for City Administrator; assists with the preparation and mailing of information packets and agendas.  Creating, printing, and distribution of the Annual Report, Medina Message, and intra-office newsletter.  Provides Human Resource functions such as administering employee benefits, COBRA, non- discrimination testing, GASB 45 actuarials, onboarding new staff, and hiring processes.  Assists in coding bills and annual budget planning for various administration department accounts.  Attends meetings as needed and provides staff support including recording minutes.  Coordinates the City elections including preparing notices, arranging for printing of City ballots, election training, recruitment of judges, staffing polling sites and administering absentee ballots.  Maintains personnel files, while being aware of the data privacy act.  Maintains the city code book and updates the City Clerks official copy and the website updated at all times. Coordinates the distribution of codebooks and updated sections as needed.  Maintains city ordinances, resolutions, and city council minutes.  Maintains the distribution of the City of Medina’s Personnel Policies to all employees.  Maintains the filing system for contracts and other permanent documents.  Maintains address database of all Medina residents.  Oversees and assembles City Council packets including agendas, minutes, memorandums and attachments.  Maintains the city website and social media with current events, announcements, and agendas.  Acts as City liaison for the German Liberal Cemetery and all related responsibilities.  Performs secretarial and clerical duties for Administration functions including: typing, word processing, contract management, certificates of insurance management, prepares public City of Medina Position Description CITY CLERK/ASSISTANT TO CITY ADMINISTRATOR City Council Approved: November 16, 2021 notices/hearings, mailing documents, copying, maintaining files, and preparing routine correspondence.  Plans and coordinates community events and intra-office functions.  Prepares the Council Chambers for meetings and cleanup following the meeting.  Provides verbal, written, or electronic correspondence to consultants and colleagues.  Provides clean and professional work office and atmosphere for Administration areas of work.  Represents the City of Medina professionally in a tactful manner that commands respect of the public, contractors, developers and others.  Responds to public data requests.  Serves on the Safety Committee and coordinates OSHA forms, first reports of injury, and workers compensation claims. OTHER DUTIES AND RESPONSIBILITIES  Facilitates work with city interns or part-time employees under guidance of supervisor.  Performs other duties as delegated by supervisor or apparent.  Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Knowledge of general municipal operations, City policies and procedures.  Knowledge of, and skill in, the correct use of English in business writing.  Knowledge of guidelines/practices related to records retention.  Knowledge of data privacy and open meetings law requirements.  Knowledge of Minnesota election laws.  Knowledge of human resource compliance laws.  Skill to communicate with a variety of individuals and handle a variety of customer service situations.  Skills in the operation of computers and pertinent software packages.  Ability to work independently and plan, organize and prioritize work tasks.  Ability to prepare work results with completeness and accuracy.  Ability to handle interruptions and concentrate on the task at hand.  Ability to handle multiple ongoing tasks and complete work in a timely manner.  Ability to occasionally lift, move and/or carry files, deliveries, and storage boxes.  Ability to use various office equipment. Machines, tools, and equipment used: City or personal vehicles, computers, calculator, copier, fax, scanners, postage machine, multi-line phone system, election equipment, and various other office tools/equipment. Ability to operate general Microsoft applications and other municipal software programs. MINIMUM QUALIFICATIONS  Bachelors degree in Office Administration, Public Administration, Business Administration, Community Development, Public Relations or related field.  One-year of general administrative experience in a local government setting involving public contact, internships, coordinating files, facilitating/managing projects, processing technical documents. City of Medina Position Description CITY CLERK/ASSISTANT TO CITY ADMINISTRATOR City Council Approved: November 16, 2021 DESIRABLE QUALIFICATIONS  Two years of responsible municipal experience involving general administration, public relations, project management.  Experience in assisting with or coordinating elections.  Completion of Minnesota Municipal Clerks Institute training and certification. WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to meetings, training, conferences and site visits to other City property. Generally, the position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job. City of Medina Position Description ASSOCIATE PLANNER City Council Approved: December 15, 2015 Position Title: Associate Planner Department: Planning and Zoning Supervisor’s Title: City PlannerPlanning Director Pay Grade: Step 5-6, DOQ FLSA Status: NON-EXEMPT Work Status: Full-Time PRIMARY OBJECTIVE OF POSITION Performs highly responsible professional work related to planning and development plan review, including the implementation of the City’s Zoning and Subdivision regulations as well as the Comprehensive Plan. Prepares reports, provides presentations and makes recommendations to the City PlannerPlanning Director, Planning Commission and City Council on land use applications and zoning regulation ordinances. Reviews building permits for compliance with the City’s zoning regulations and administers building permit process with assistance of Office Assistant(s). ESSENTIAL FUNCTIONS OF POSITION  Reviews land use development plans for consistency with City plans, land use regulations, policies and applicable State and environmental regulations. o Performs complex reviews and analysis of site planning, variance, conditional use permit, subdivision, design standards, and other land use applications and prepares clear reports for City PlannerPlanning Director, Planning Commission and City Council. o Recommends changes to bring proposed plans into conformance. o Coordinates comments of other City staff and consultants to develop project reports. o Drafts resolutions for adoption by City Council and assists with preparation of other development related documents. o Provides necessary follow-up to questions and applications, including verbal and written communication with applicants, developers, engineers, architects, attorneys, realtors, etc.  Conducts review of building permits for compliance with zoning regulations.  With assistance of Office Assistant(s), coordinates theProcesses and issuesance of building and other permits, theand collectsion of relevant fees., Coordinates such activities and prepares relevant reports in the absence of the Planning and Building Assistant.and the maintenance of property record files  Assists in preparation of reports and surcharges related to Planning/Zoning and Building Inspection activity for the Metropolitan Council, DNR, PCA, Bureau of Census, and other agencies.  Administers the process of receiving and distributing various land use applications to city staff, city consultants, and outside review agencies or jurisdictions. Maintains land use application project folders.  Schedules hearings, notifies applicants and prepares legal notices for mailing and publication. Track relevant review deadlines.  Prepares zoning regulation ordinances consistent with the City’s Comprehensive Plan. Assists in identifying zoning amendments as needed.  Attends Planning Commission meetings and City Council meetings as directed by the City PlannerPlanning Director.  Answers planning related questions and provides information requested by residents and other members of the public.  Coordinates the City’s code enforcement activities, including tracking complaints and providing follow- up.  Assists with the maintenance of the City’s Geographic Information System (GIS).  Communicates City’s vision, goals and policies effectively to developers and to general public.  Represents the City of Medina in a tactful manner that commands respect of the public, contractors, developers and others. Works closely with community organizations, interested citizens and committees relative to planning functions. OTHER DUTIES AND RESPONSIBILITIES  Works closely with the community, citizens and committees relative to planning functions. City of Medina Position Description ASSOCIATE PLANNER City Council Approved: December 15, 2015  Works with Planning Department to maintain the organization of planning project files and property files.  Provides analysis on policies with regards to park & trail planning, housing and economic development as directed by the City PlannerPlanning Director.  Documents billable hours for review of land-use or other applications in a timely manner.  Performs other duties and responsibilities as apparent or assigned by the City Administrator and/or City Planner.  Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Knowledge of municipal planning and zoning principles, practices and ordinances.  Knowledge of land use laws in the State of Minnesota.  Knowledge of environmental practices and laws.  Skill in coordinating flow of information/communication between staff, Planning Commission, and City Council, with the ability to effectively manage time and work to meet deadlines.  Skill of excellent verbal and written communication.  Ability to apply City’s strict development regulations assertively, but with tact and diplomacy.  Ability to be public service oriented with tactful and effective conflict resolution skills.  Ability to make effective oral presentations to the Planning Commission and City Council.  Ability to establish/maintain effective work relationships with a variety of groups and individuals.  Ability to have a creative, inquiring and innovative manner willing to explore new approaches, implement new methods, and be receptive to suggestions of others.  Will have a high degree of integrity and a high sense of personal and professional ethics. Machines, tools, and equipment used: City or personal vehicles, computer and printer, plotter, phone, fax, scanners, calculator, and other typical office equipment; Microsoft XP applications; Arc GIS, TerraSync GPS, Pathfinder GPS, Pictometry, Laserfiche, Banyon Data Systems and other software/programs. MINIMUM QUALIFICATIONS  Bachelors Degree in community development, planning, urban studies, geography, or related field.  At least two years of planning experience, preferably with a municipality (or consulting firm representing a municipality).  Valid Minnesota driver’s license or ability to obtain one prior to start date.  Knowledge of Arc GIS software . DESIRABLE QUALIFICATIONS  Additional years of planning experience, preferably with a municipality (or consulting firm representing a municipality).  Master’s Degree in community development, planning, urban studies or related field (supplementary municipal planning experience will be considered as an equivalent for Master’s Degree during selection).  AICP  Environmental experience (i.e. woodlands/wetlands-WCA, floodplain management, tree preservation, open space, and Low-Impact Development [LID], etc.) WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to meetings, training, conferences and site visits/inspections to private development property. Generally, the position requires light lifting, usually less City of Medina Position Description ASSOCIATE PLANNER City Council Approved: December 15, 2015 than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job. City of Medina Position Description ADMINISTRATIVE ASSISTANT City Council Approved: 06/05/2018 Position Title: Administrative Assistant Department: Planning and Public Works Supervisor’s’ Titles: Public Works Director & Planning Director Pay Grade: Step 2 - 3 FLSA Status: NON-EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION Position performs non-supervisory administrative, secretarial, and clerical work to assist the Public Works Director and Planning Director with each the department’s daily administrative duties. Position has primary responsibility for providing customer service through answering and directing phone calls, as well as to the general public at the front counter. Position provides filing of documents and paperwork for the planning and public works departments. Position assists in the preparation of a variety of documents including meeting and information packets, reports, memos, and surveys. Position administers projects primarily under the oversight of the Public Works Director and Planning Director. ESSENTIAL FUNCTIONS OF POSITION  Provides customer service for Public Works and Planning Departments including answering phones and in-person requests for information, greeting and referring citizens to proper source.  Performs clerical duties for the Planning and Public Works departments including: typing, word processing, mailing documents, copying, maintaining files, and preparing routine correspondence.  Maintains Park Commission records. Assists with the preparation ofPrepares agendas, minutes, and packets and information for Planning and Park Commission meetings. Assists with preparation of material for Park Commission meetings.  Provides clean and professional work office and atmosphere for Planning and Public Works areas of work.  Assists in processing building and zoning permits including accepting applications, issuing permits, and collecting fees.  Assists Safety Director with coordination and documentation of safety training and the maintenance of the safety manual.  Maintains filing system for address files/plat maps/easements and other Planning and Public Works functions.  Maintains office supplies and building operation supplies for Public Works all departments and facilities. Coordinates ordering supplies with other departments as appropriate.  Processes boat launch, parking, and field reservation permits.  Represents the City of Medina in a tactful manner that commands respect of the public, contractors, developers, and others.  Assists Public Works Director in preparing and mailing DNR Water Usage and Consumer Confidence Reports each year.  Assists Public Works Director in preparing and mailing paperwork for bids and quotes, as well as preparing new contracts.  Assists Public Works Director on annual MS4 Permit reporting. OTHER DUTIES AND RESPONSIBILITIES  Commits to creating and maintaining a healthy workplace culture by following the City of Medina’s core values, which include teamwork, trust, professionalism, and communication.  Acts as City liaison for the German Liberal Cemetery and all related responsibilities.  Notarizes documents for the public, documents for the City and also affidavits of mailing for Planning Department public notices.  Assists Public Works Director in yearly budget process, as well as coding all bills for the Public Works Department. City of Medina Position Description ADMINISTRATIVE ASSISTANT City Council Approved: 06/05/2018  Serves as liaison between Public Works staff and other city staff when repairs are needed on City buildings and City vehicle.  Reviews Planning minutes, as well as other correspondence mailed to the public.  Plans and coordinates City Cleanup Day.  Assists in grant administration pertaining to Public Works projects including research, filing, coordinating with participants and contractors, and reporting.  Assists in record keeping for Septic System inspections.  Provides support to the Associate Planner as directed by Planning Director and performs duties in Associate Planner’s absence.  Performs other duties as delegated by supervisor or apparent.  Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Considerable knowledge of English, spelling, arithmetic and vocabulary.  Considerable knowledge of City operation and organization, or the ability to acquire such knowledge in a relatively short period of time.  Considerable knowledge of terminology affecting Public Works or Planning, or the ability to acquire such knowledge in a relatively short period of time.  Ability to maintain and review records and to control their use and presentation.  Ability to perform complex administrative or research tasks, as assigned, in an effective manner.  Ability to maintain filing system.  Knowledge of City’s geography, businesses and residential areas.  Knowledge of data privacy law requirements.  Knowledge of general database programs and applications.  Ability to work independently and plan, organize and prioritize work tasks.  Ability to handle multiple ongoing tasks/interruptions and complete work in a timely manner.  Ability to occasionally lift, move and/or carry files, deliveries, and storage boxes.  Performs other duties and responsibilities as apparent, or assigned by supervisor.  Ability to establish and maintain effective working relationships with elected officials, City employees, and the public with courtesy and an appropriate degree of tact. Machines, tools, and equipment used: City or personal vehicles, computers, calculator, copier, fax, scanners, postage machine, multi-line phone system, and various other office tools/equipment. Ability to operate general Microsoft applications. MINIMUM QUALIFICATIONS • High school degree or equivalent • Two years of administrative or clerical experience. An equivalent combination of education and experience may be considered. • Ability to successfully complete on-the-job training and be cross-trained in all office functions. Must undertake any other employer-required training. DESIRABLE QUALIFICATIONS  Post-secondary training in administrative assistant, executive assistant, office management or related program.  Previous clerical or administrative experience in a municipality or comparable public agency. Experience in working with municipal database programs, including Banyon Data Systems (BDS). WORKING CONDITIONS OFFICE ASSISTANT TO PLANNING AND PUBLIC WORKS City Council Approved: 06/05/2018 Most work is performed indoor at city hallthe public works building. The exception is trips to training, other City property, and community events. Generally, the position requires light lifting, usually less than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no hazardous materials or chemicals are used on this job. MEMORANDUM TO: Mayor and City Council Members FROM: Erin Barnhart, Finance Director DATE: November 9, 2021 SUBJ: Pay Scale Market Adjustment Proposed Adjustments to Pay Scale At the July 20th Council Meeting the findings of a market wage analysis were presented by DDA Human Resources. The market analysis results indicated that the majority of the staffed positions in the City are paid a market competitive range; of comparable cities to Medina. The analysis and presentation specifically focused on two under market positions; CSO and City Administrator. Pay grade scale adjustments have been made and are currently included in the approved preliminary 2022 budget. The scale adjustment for the City Administrator position will be spread over a period of three years. It is proposed that pay grade adjustments also be made to department head positions, which include the Public Safety Director, Planning Director, Finance Director and Public Works Director. The wage analysis showed the four positions also being outside the competitive market. The pay scale adjustment would be spread over a period of two years for Planning, Finance and Public Works and three years for Public Safety (because this position is not at the top of the scale). Budget Impact With the recent staff changes and vacancies, Department Heads reviewed staff duties at City Hall. It is proposed that the vacant Assistant City Administrator/City Clerk position be changed to City Clerk/Assistant to City Administrator, with some duties being allocated to Planning, Finance and Public Works. The position’s budgeted annual salary for 2022 would be reduced from a pay grade 7-8 to 5-6. The proposed reduction to the vacant position along with the proposed pay grade scale adjustments would result in an increase of $984 to the 2022 budget. Council Action Motion to approve and direct staff to implement market adjustments in the 2022 budget. Agenda Item #7E Ditter Cooling, Heating and Electric Page 1 of 5 November 16, 2021 Sign Ordinance Amendment City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: November 10, 2021 MEETING: November 16, 2021 City Council SUBJ: Ordinance Amendment – Sign Regulations - Ditter Cooling, Heating, Electric Summary of Request Ditter Cooling, Heating, and Electric has requested that the City consider various amendments to its sign ordinance. The applicant operates at 820 Tower Drive, west of Pinto Drive and the applicant’s property backs up to Highway 55. The applicant is interested in installing a dynamic display to advertise its business but believes existing City regulations may limit the effectiveness of such a sign. The primary changes pertain to increasing the comparatively lower size and height allowances for signs in certain districts and to allow larger dynamic displays adjacent to roads with greater speed limits. Railroad right-of-way exists between the applicant’s property and Highway 55 (highlighted in yellow in the aerial to the right). Originally, staff and the applicant had discussed whether to limit the proposed amendments to this type of situation in recognition that their property sits 100 feet further from the Highway than other properties. However, in the end, staff believed it was appropriate to discuss the changes more broadly for all properties. Staff has attached the entire sign ordinance with the applicant’s proposed changes shown. Generally, an ordinance will exclude subsections which are not proposed to be amended, but staff thought it would be helpful to have the entire ordinance for context. Agenda Item #8A Ditter Cooling, Heating and Electric Page 2 of 5 November 16, 2021 Sign Ordinance Amendment City Council Meeting October 19 Discussion The City Council briefly discussed the proposed amendment at the October 19 meeting and then tabled the matter to allow the property owner to attend a future meeting and requested additional information. Discussion at the October 19 meeting pertained mainly to the request to increase the allowed dynamic displays. The Council appeared to support the following changes which were discussed and are all included in the draft ordinance. • Increase maximum size and height for freestanding signs for properties along a principal arterial in the CG, BP, and IP zoning districts to 80 s.f. This would match the allowance in the CH zoning district (see page 9 of ordinance). • Clarify that only one side of a “v-sign” count towards maximum sign area (similar to a sign that is fully back-to-back) (see page 3 of ordinance). • Small increase of size (from 30 s.f. to 32 s.f.) and height (from 6’ to 8’) of residential neighborhood signs. (see page 7 of ordinance) • Correction of daytime and nighttime brightness (see page 20 of ordinance). Dynamic Display Size Current regulations limit Dynamic Displays (electronic message centers) to no more than 50% of the size of any sign and limit to no more than 32 square feet. The applicant originally proposed to increase the size of dynamic displays on roadways with higher speed limits based on the following table. The applicant has stated that sign manufactures and the US Sign Council both advocate for sizes in this range for safe and effective messaging. As the process of considering the amendment progressed, the applicant determined that they would update their request to allow up to 100% of the allowed freestanding sign to be dynamic. This would mean up to a 80 s.f. dynamic display. For the sake of comparison, the following table describes the area of other dynamic displays within the City. Some of these signs are larger than currently permitted, presumably because they pre-dated the limitation currently in code. Medina Entertainment Center 500 Highway 55 54 sq. ft. Highway 55 Rental 225 Highway 55 38 sq. ft. Okalee Senior Living 2225 Chippewa Ct. - on Hwy 55, west of Mohawk 26 sq. ft. Holiday Gas Stations 200 Highway 55 or 1300 Baker Park Road 24 sq. ft. Sharepoint Credit Union Highway 55/Sioux Drive 24 sq. ft. Staff believes an increased allowance for dynamic displays along roadways with higher speeds does seem appropriate. Staff had originally contemplated 48 sq. ft., but the applicant is advocating for a larger allowance. MPH 30 35 40 45 50 55+ Maximum Dynamic Display Area (In Square Feet) 32 36 40 45 50 55 Ditter Cooling, Heating and Electric Page 3 of 5 November 16, 2021 Sign Ordinance Amendment City Council Meeting The following information was collected from regulations from nearby communities and from cities noted by the applicant: Dynamic Area Total Sign Area Max Height Timing Plymouth 64 sq. ft. 100 sq. ft. 36 feet 15 minutes Maple Grove 50% 80 sq. ft. 15 feet 1 minute Corcoran 60% 64 sq. ft. 16 feet 6 seconds Chanhassen 40% 80 sq. ft. 20 feet N/A Eden Prairie 35% 80 sq. ft. 20 feet 20 minutes Shakopee 32 sq. ft. 120 sq. ft. 40 feet along 169; height of building 8 seconds Rogers 25% 100 sq. ft. 15 feet 60 minutes Delano 100% 100 sq. ft. 30 feet 3 seconds Anoka 100% 200 sq. ft. 25 feet N/A Bloomington 100% 125 sq. ft. 20 feet 8 seconds Woodbury 100% 80 sq. ft. 20 feet 24 hours Inver Grove Heights 100% 100 sq. ft. 25 feet N/A Current Medina 50% or 32 s.f. 80 sq. ft. 20 feet (10 dynamic) 1 minute Proposed Up to 80 s.f. 80 sq. ft. 20 feet 30 seconds The Planning Commission discussed the allowed dynamic display size at length. The consensus of the Commission was that 55 square feet was too large, but that an increase seemed appropriate. The Commission recommended increasing the maximum size from 32 square feet to 40 square feet. Dynamic Display Height Current regulations state that “no portion of the Dynamic Display shall be located more than 10 feet from the ground…” This requirement generally requires a dynamic display to be located lower than regular static signage may be permitted. It should be noted that there are exemptions for alpha-numeric monochrome displays such as fuel prices and time/date. The applicant proposes to remove this limitation. The proposed change is on page 15 of the ordinance. Staff has received other inquiries from property owners who desired to install dynamic displays extending higher than 10 feet. Staff does not oppose this proposed change. It appears most other communities did not have a requirement that the dynamic display be lower. The Planning Commission discussed and recommended increasing the maximum height of a dynamic display to 15 feet. The Commission also recommended incorporating language into the code that would account for a property which sits significantly lower in topography than the adjacent roadway, allowing the height to be measured from the grade of the road. Ditter Cooling, Heating and Electric Page 4 of 5 November 16, 2021 Sign Ordinance Amendment City Council Meeting Dynamic Display Message Timing Current regulations state that: “A Dynamic Display must not change or move more often than once every 60 seconds.” In addition, the ordinance requires: “The images and messages displayed on a Dynamic Display must be static, and the transition from one static display to another must be instantaneous and without any special effects; The images and messages displayed on a Dynamic Display must be complete in themselves, without continuation in content to the next image or message or to any other Sign;” These requirements are intended to reduce distraction. The applicant proposes to reduce the timeframe for changing messages from 60 seconds to 30 seconds. Flashing, scrolling, and drag-on messages would continue to be prohibited. This change can be found on page 15 of the ordinance. Staff does not oppose this change. Decreasing the time would make it more likely that a message will change as a driver is passing a sign, but with a 30-second timeframe, only one change is likely for a moving vehicle. The timing in other communities is summarized on the table on page 2. The Planning Commission recommended leaving the allowed message timing at 60 seconds. Planning Commission Recommendation The City has a high level of discretion when considering requests to amend its zoning regulations because it is a legislative action. Staff believes that most of the changes seem reasonable and has noted the level of support behind each change. The Planning Commission recommended approval of many of the requested changes by the applicant and supported some increase in size and height of dynamic displays. For discussion purposes, the attached ordinance includes the 100% allowance for dynamic signage and maximum height of 20 feet for properties along a principal arterial roadway, but which are separated by a railroad right-of-way (properties situated such as the applicant’s property). This would permit up to 80 s.f. for these properties. This language is proposed in Section 815.21 Subd. 8(l) at the bottom of page 16. The Planning Commission did not recommend this exemption within the code. With the exception removing Section 815.21 Subd. 8(l), the ordinance is otherwise as recommended for approval by the Planning Commission, including: 1) Increase dynamic display size to 40 square 2) Increase dynamic display height to 15 feet 3) Maintain 60 second minimum time for changing messages on dynamic displays Ditter Cooling, Heating and Electric Page 5 of 5 November 16, 2021 Sign Ordinance Amendment City Council Meeting Potential Action Staff has confirmed that the property owner intends to be present at the 11/16 meeting along with their consultant to answer questions from the Council. Staff anticipates that the Council may likely have adjustments to the ordinance as proposed by the applicant. If that is the case, the following action could be taken: Move to direct staff to present the ordinance pertaining to signs for consideration at the December 7 meeting with the following changes: [ _____________] If the Council finds that allowing 100% of the sign area to be dynamic for property separated from Highway 55 by the railroad right-of-way, the following actions could be taken: 1. Move to adopt the ordinance amending regulations pertaining to signs. 2. Move to adopt the resolution authorizing publication by title and summary. Attachments 1. Ordinance (unamended subsections to be removed upon adoption) 2. Resolution authorizing publication by title and summary 3. Excerpt from 9/14/2021 Planning Commission minutes 4. Excerpt from 10/12/2021 Planning Commission minutes 5. Excerpt from draft 11/9/2021 Planning Commission minutes 6. Excerpt from 10/19/2021 City Council minutes 7. Supplemental information provided by applicant ****NOTE: ENTIRE SECTION IS PRESENTED FOR CONTEXT. Unamended sections will be removed from ordinance upon adoption CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING REGULATIONS PERTAINING TO SIGNS; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 815 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 815.01. Purpose. It is hereby declared by the city council that the aesthetic and safety interests of the city are reasonably promoted by the provisions of this ordinance. Accordingly, it is the intent and purpose of this ordinance to provide for the orderly and harmonious display of signs within the city; to aid in the identification of properties and enterprises for the convenience of the public; to avoid the erection of displays which produce deleterious and injurious effects to adjacent properties and to the natural beauty of the environment; to provide for the safety of the traveling public by limiting the distractions, hazards, and obstructions; to minimize visual clutter and encourage a positive visual environment; and to promote the mental and physical health, safety and welfare of the public. It is not the intent of this ordinance to regulate signage on the basis of content. 815.03. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: Subd. 1. “Abandoned Sign” is a sign located on a property which is vacant and/or unoccupied for a period of 90 days; or a sign which is damaged, in disrepair, or vandalized and not repaired within 90 days. Subd. 2. “Address Sign” is a sign which indicates the address, number and/or the name of occupants of the premises. An Address Sign shall not exceed two square feet in area per side for a residential single family property, eight square feet for a multi-family dwelling building and 12 square feet for a commercial unit building, and shall not include any other messages. Subd. 3. “Billboard” is any structure or portion thereof on which lettered, figured, or pictorial matter is displayed that has an area of 100 square feet or more. Subd. 3.1. “Clear Vision Triangle” is the area to be left clear of signs and other obstructions so as not to interfere with sightlines at intersections. The Clear Vision Triangle is created by measuring 50 linear feet along the edge of each street or access drive as depicted below. Ordinance No.## 2 DATE Subd. 4. “Directional Sign” is a sign which is erected for the purpose of guiding vehicles and pedestrian traffic in finding locations on the property where the sign is located, such as the shipping/receiving area, and is intended to be viewed from the right-of-way. The Directional Sign shall be less than four square feet in surface area, consist of only two surfaces and contain no illumination or additional messages. Subd. 5. “Dynamic Display” is any characteristic of a Sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the Sign or its components, whether the apparent movement or change is in the display, the Sign structure itself, or any other component of the Sign. This includes a display that incorporates a technology or method allowing the Sign face to change the image without having to physically or mechanically replace the Sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method of technology that allows the Sign face to present a series of images or displays. Subd. 5.1. “Event Sign” is a Sign posted on a temporary basis meant to inform the public of or guide the public to short term events such as garage/rummage sales or real estate open houses. Subd. 5.2. “Freestanding Sign” is a Monument Sign or Pylon Sign as defined herein. Subd. 6. “Historic Sign” is a sign that memorializes an important historic place, event or person and that is recognized by a governmental entity. Subd. 7. “Illuminated Sign” is a sign which is illuminated by an artificial light source. Subd. 8. “Incidental Sign” is a small sign, emblem or decal informing the public of goods, facilities or services available on the premises (e.g. a credit card sign or a sign indicating hours of business) and that does not exceed two square feet. Subd. 8.1. “Internal Site Sign” is a sign which is not intended to be viewed from neighboring property or the right-of-way and which does not exceed two square feet. This include signs which guide internal site navigation and which identify handicap parking areas, fire lanes, upland buffer zones, and similar site features. Subd. 9. “Monument Sign” is a freestanding sign that is attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure and is typically encased or supported by masonry materials. Subd. 10. “Off-premises Sign” is a commercial speech sign which directs the attention of the public to a business that is not on the same premises where such business sign is located. Ordinance No.## 3 DATE Subd. 11. “Portable Sign” is a sign so designed as to be movable from one location to another and which is not permanently attached to the ground or any structure, including those on wheels. Portable Signs shall not include any flashing lights. Subd. 12. “Projecting Sign” is a sign in which all or any part of it extends perpendicular to and projects from a building face, wall or structure and which its primary purpose is other than the support of the sign. Subd. 13. “Pylon Sign” is a sign erected on a post or posts, or freestanding shafts, walls or piers which is solidly affixed to the ground and not attached to a building. Subd. 14. “Roof Sign” is a sign erected upon the roof of a structure to which it is affixed or a sign painted on the roof of a structure. A sign located on a canopy, awning, or porch shall not be considered a Roof Sign if the top of such sign does not exceed the height of the adjacent wall of the structure to which the canopy, awning, or porch is attached. Subd. 15. “Sign” is any letter, word, symbol, device, poster, picture, statuary, reading matter, or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed which is displayed outdoors for informational or communicative purposes. Subd. 16. “Sign Area” is that area within the marginal lines of the sign surface which bears the announcement, name, advertisement or other message, or, in the case of letters, figures, or symbols attached directly to any part of a building or wall, that area which is included in the smallest rectangle which can be made to circumscribe all letters, the figures, or symbols displayed thereon. For a two-sided freestanding sign, only a single surface shall be counted when measuring the total and maximum Sign Area. Two-sided signs may have a degree of separation at one end of the sign faces (a V-Sign configuration). V-Signs beyond 45 degrees will be considered two signs. Subd. 16.1. “Sign Surface Area” is the total surface area of a Sign, calculated by multiplying the vertical width of the surface of the Sign times the horizontal height of the surface of the Sign. Sign Surface Area shall not include the area of the post(s), shaft(s), or pier(s) on which the Pylon Sign is erected. Subd. 17. “Temporary Sign” is a sign which is erected or displayed for a limited period of time, is not illuminated and not of a permanent nature, including banners, inflatable devices or sandwich boards. A B C D Sign Area = A x B Sign Surface Area = C x D Ordinance No.## 4 DATE Subd. 17.1. “Temporary Sign, Attached” is a Temporary Sign which is either attached to a building or is located within the dimensional extent of an existing Freestanding Sign as displayed below: Image Credit: City of Minnetonka, MN City Code Subd. 18. “Vehicle Sign” is any sign that is attached, painted on or placed onto or inside a parked vehicle that is used primarily for any purpose other than the sale or rental of the vehicle itself. Vehicle Signs shall not include signs on trailers, buses, trucks, taxis or other vehicles parked on the vehicle owner’s own premise while in the course of business provided that the primary use of the vehicle is not for purposes outside of the premise’s business. Subd. 19. “Wall Sign” is a sign affixed to the exterior wall, awning or canopy of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall, not to project more than 12 inches from the surface to which it is attached. Subd. 20. “Window Sign” is a sign that is affixed to or painted on the interior or exterior of a window or glass door or otherwise displayed inside a building within three feet back from the building’s window or glass door with its message intended to be visible from rights-of-way or neighboring properties. Subd. 21. “Zoning Administrator” is the officer or other person at the city charged with the administration and enforcement of this ordinance, or his or her duly authorized deputy. 815.05. Sign Permit Required; Exemptions; Prohibited Signs. Subd. 1. Permit Required. It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any Sign as defined in this ordinance in the city without first obtaining a permit therefore as required by this ordinance, except as provided in subdivision 2 of this Section. Subd. 2. Exemptions. A Sign permit need not be obtained for the following Signs, provided that all other applicable requirements of this ordinance are met: (a) One Sign smaller than five square feet in area (excluding temporary signs) may be posted on any parcel of land, except that such Sign may not be an Off-Premise Sign; (b) Signs posted by authorized government officials on public land or right-of-way; (c) Signs within a business, office, mall or other enclosed area that cannot be seen from the outside; (d) Up to two Address Signs per property; Ordinance No.## 5 DATE (e) Incidental Signs; (f) Flags. No flag on a flagpole shall exceed 40 square feet in area. No single property shall fly more than three flags at one time. Flagpoles shall not exceed 40 feet in height. If the total area of the flags exceeds 72 square feet, the excess area shall be included in any Sign Area calculations for the property. Wall-mounted flags shall be limited to one flag per property and shall not exceed 20 square feet in area; (g) Internal Site Signs (h) Window Signs; (i) Attached Temporary Signs posted consistent with Section 815.07 Subd. 3 below; (j) Event Signs posted consistent with Section 815.07 Subd. 4 below; and (k) Noncommercial speech signs exempted by Minnesota Statute 211B.045. Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts. (a) Abandoned Signs; (b) Billboards; (c) Roof Signs; (d) Mylar or metallic balloons displayed or flown outside; (e) Vehicle Signs; and (g) Signs posted within the public right-of-ways and public property, excluding Directional Signs and Signs expressly allowed herein and by other governmental agencies. Section 815.07. Permitted Signs in all Zoning Districts. The following Signs are permitted in all zoning districts. Subd. 1. Signs on Construction Sites. Two Signs shall be permitted upon a construction site in any zoning district. Each Sign shall not exceed 32 square feet in area per surface; shall be limited to a single surface; shall be located upon the subject construction site; shall be set back 10 feet from the right-of-way; and shall be removed upon completion of the construction site improvements and release of the financial guarantee. No permit shall be required for these signs if posted consistent with the requirements of this section. Subd. 2. Temporary Signs and Portable Signs. (a) Duration of permits. No Sign permit shall be issued by the city for a Temporary or Portable Sign for a duration of more than 14 days at one time. (b) Permits per year. Sign permits for a Temporary or Portable Sign shall not be issued for more than six periods in any calendar year. Permit periods may run consecutively without interruption if approved by the city. (c) Number of signs per lot. Only one Temporary or Portable Sign shall be allowed on a property at one time. In cases of properties with multiple tenants, one Temporary Sign per tenant shall be allowed at one time, but only one Portable Sign shall be allowed on a property at one time. (d) Maximum size. Temporary and Portable Signs shall not exceed 32 square feet in Sign Area. Ordinance No.## 6 DATE (e) Setbacks. Temporary and Portable Signs shall be set back a minimum of 10 feet from all property lines and shall not be located within a Clear Vision Triangle of an intersection. (f) Illumination. Portable Signs may be illuminated, provided Freestanding Signs are permitted to be illuminated in the zoning district in which the Portable Sign is located and provided said illumination is not a nuisance to motorists or to adjoining properties. Flashing lights, strobe lights, or lights which could be confused with an emergency vehicle are prohibited. (g) Inflatable Signs shall be considered Temporary Signs, shall not exceed the height of the structure on the property, and shall be securely tethered and attached to the ground or building. (h) No Mylar or metallic balloons shall be permitted to be displayed or flown outside. Subd. 3. Attached Temporary Signs (a) No permit required. Attached Temporary Signs posted consistent with this section shall not require a sign permit. (b) Duration of posting. Attached Temporary Signs shall only be posted during the timeframe when the message is pertinent. (c) Maximum size. No Attached Temporary Sign shall exceed 32 square feet in Sign Area. (d) Location. Attached Temporary Signs shall be attached to a building or within the dimensional extent of an existing Freestanding sign on the property as described in Subd. 17.1 of Section 815.03 above. Subd. 4. Event Signs. (a) No permit required. Event Signs posted consistent with this section may be posted without obtaining a sign permit. (b) Duration of posting. Event Signs shall not be posted more than two days prior to an event and shall be removed no more than one day following an event, but in no case shall an Event Sign be posted for more than five days. (c) Location. Event Signs may be posted within the right-of-way, but shall not be located in a way which may interfere with traffic visibility or pedestrian circulation. (d) Maximum size. Event Signs shall not exceed four square feet in Sign Area. (e) Maximum height. Event Signs shall not exceed three feet in height. (f) Required Information. The Event Sign shall state the day(s) of the event and also the location of the event. (g) Limit of one sign per intersection. No more than one Event Sign per event shall be posted at a single intersection and no Event Sign shall be identical to another at a single intersection. (h) Responsibility for removal. The person posting the Event Sign shall ensure it is removed within the timeframe described by this section. An Event Sign which violates any provision of this ordinance may be removed and disposed of at any time and without notice Ordinance No.## 7 DATE Section 815.09. Residential District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Residential Districts. A Sign permit is required for each Sign. No Sign in a Residential District shall exceed six eight feet in height. If illuminated, the Sign shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances. Subd. 2. Permitted Signs. The following additional types of Signs are permitted in Residential Districts: (a) Directional Signs. One Directional Sign is permitted for each property; (b) Monument Signs. Monument Signs are permitted at the entrances of a residential subdivision, institutional use or park, but shall be no greater than 30 32 square feet in Sign Area and be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two times the total area of the Monument Sign base. The Monument Sign shall be set back at least 10 feet from the curb or right-of-way; (c) Home Occupation Signs. Home occupation Signs may be approved by the city council in conjunction with a conditional use permit for the home occupation. The home occupation Sign shall be no greater than eight square feet, have only one side, be set back at least 10 feet from the right-of-way. The home occupation Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two times the total area of the home occupation Sign base; and (d) Pylon Signs. Pylon Signs are permitted at the entrance(s) of a residential subdivision, institutional use or park, but shall not exceed 15 square feet in Sign Area nor exceed 20 square feet in Sign Surface Area. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover an area equivalent to the width of the sign surface multiplied by two. The Pylon Sign shall be set back at least 10 feet from the curb or right-of-way. The Pylon Sign shall be designed to have a natural appearance, and the post(s), shaft(s) or pier(s) on which the sign is erected shall have a combined width which is at least 10 percent of the width of the Sign. Section 815.11. Commercial Highway (CH), Commercial Highway-Railroad (CH-RR), and Business (B) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial Highway (CH), Commercial Highway- Railroad (CH-RR), and Business (B) Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second Ordinance No.## 8 DATE sign shall be permitted if the lot has frontage on more than one street. The second freestanding sign may not be located along the same street frontage as the first freestanding sign. (2) Maximum size. No freestanding sign shall exceed 80 square feet of Sign Area. (3) Maximum height. No freestanding sign shall exceed 20 feet in height. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Landscaping, The Freestanding Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The maximum total Sign Area of Wall Signs shall be based upon the area of the wall on which they are attached as described in the table below. Additionally, no individual Wall Sign shall exceed 200 square feet of Sign Area. For the purposes of a multi-tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Area of Wall Maximum Total Sign Area on Wall 1000 square feet or less 8% of the area of the wall Greater than 1000 square feet and less than 5000 square feet 80 square feet + 4% of the area of the wall in excess of 1000 square feet 5000 square feet or greater 240 square feet + 2% of the area of the wall in excess of 5000 square feet (2) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted per structure, except for multi-tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances. Ordinance No.## 9 DATE Section 815.13. Commercial General (CG), Business Park and Industrial Park District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial General (CG) District. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second sign shall be permitted if the lot has frontage on more than one street. The second freestanding sign may not be located along the same street frontage as the first freestanding sign. (2) Maximum size. No fFreestanding signs shall not exceed 64 square feet of Sign Area except: (a) signs along a frontage of principal arterial roadways shall not exceed 80 square feet, (3) Maximum height. No freestanding signFreestanding signs shall not exceed 10 feet in height from the adjacent roadway grade, except:. (a) signs along a frontage of principal arterial roadways shall not exceed 20 feet in height from the adjacent arterial roadway grade. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Illumination. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of an arterial roadway and greater than 200 feet from residential property. External illumination shall be downcast and otherwise conform with Section 829 of the City Code. (6) Landscaping. The Freestanding Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The maximum total Sign Area of Wall Signs shall be based upon the area of the wall on which they are attached as described in the table below. Additionally, no individual Wall Sign shall exceed 200 square feet of Sign Area. For the purposes of a multi-tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Area of Wall Maximum Total Sign Area on Wall 1000 square feet or less 8% of the area of the wall Greater than 1000 square feet and less than 5000 square feet 80 square feet + 4% of the area of the wall in excess of 1000 square feet 5000 square feet or greater 240 square feet + 2% of the area of the wall in excess of 5000 square feet (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage. (3) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches Ordinance No.## 10 DATE from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted along each frontage of a structure, except for multi-tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of an arterial roadway and greater than 200 feet from residential property. Section 815.15. Commercial Neighborhood (CN) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial Neighborhood (CN) District. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second sign shall be permitted if the lot has frontage on more than one street. (2) Maximum size. No freestanding sign shall exceed 40 square feet of Sign Area. (3) Maximum height. No freestanding sign shall exceed 10 feet in height. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Illumination. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of an arterial roadway and greater than 200 feet from residential property. External illumination shall be downcast and otherwise conform with Section 829 of the City Code. (6) Landscaping. The Freestanding Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a Ordinance No.## 11 DATE multi-tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage (3) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted along each frontage of a structure, except for multi-tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of an arterial roadway and greater than 200 feet from residential property. Section 815.16. Mixed Use District Signs. Signs within the Mixed Use zoning district shall be regulated based on the land use of the property on which they are located. Signs which are part of Commercial development within the Mixed Use district shall meet the requirements of the Commercial Highway zoning district. Signs which are part of Residential development within the Mixed Use district shall meet the requirements of Residential districts. Section 815.17. Uptown Hamel (UH-1 and UH-2) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Uptown Hamel-1 and Uptown Hamel-2 Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 40 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. Ordinance No.## 12 DATE (4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Monument Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (5) Landscaping, The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a multi-tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage (3) Clearance; Projecting Signs prohibited. If the Wall Sign extends more than six inches back from the building face, wall or surface, the Sign shall provide a height clearance underneath it of at least seven and one-half feet. No Wall Sign shall extend any more than 12 inches back from the surface of a building face, wall or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted along each frontage of a structure, except for multi-tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five feet from the curb or right-of-way. (e) Historic Signs. Historic Signs shall not be counted in the total Sign Area for the property if the Historic Sign is less than five square feet in Sign Area. (f) Porch Signs. No more than one porch Sign shall be permitted for each property. Porch signs shall include signs within or on overhangs, canopies or arcades. All Ordinance No.## 13 DATE porch Signs larger than two square feet in Sign Area shall be located on the outside portion of the porch. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of a state highway. Section 815.19. Public/Semi-Public and Rural Public/Semi-Public Districts Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Public/Semi-Public and Rural Public/Semi-Public Districts. A Sign permit is required for each Sign. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances. Subd. 2. Permitted Signs. The following additional types of Signs are permitted in Public/Semi-Public and Rural Public/Semi-Public Districts: (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 50 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. (4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Monument Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (6) Landscaping, The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two times the total area of the Sign base. (b) Pylon Signs. No Pylon Sign shall be greater than 15 square feet in Sign Area nor exceed 20 square feet in Sign Surface Area. No Pylon Sign shall exceed eight feet in height. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover an area equivalent to the width of the sign surface multiplied by two. A Pylon Sign shall be set back at least 20 feet from all lot lines of the property, with the exception that the Sign may be set back only 10 feet from the front lot line of the property if it is located at least 25 feet from the side lot lines. The Pylon Sign shall be designed to have a natural appearance, and the post(s), shaft(s) or pier(s) on which the sign is erected shall have a combined width which is at least 10 percent of the width of the Sign. (c) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a multi-tenant building, the maximum Sign Area for Wall Signs shall be based on Ordinance No.## 14 DATE the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage. Section 815.21. General Sign Location, Design and Construction Requirements. Subd. 1. General Requirements. All Signs shall conform to the requirements of this Section whether or not a Sign permit is required. All Signs shall be constructed in such a manner and of such material that they shall be safe and substantial. All Signs shall be properly secured, supported and braced and shall be kept in good repair so that public safety and traffic safety are not compromised. Signs visible from a street shall be designed to be highly legible so as not to distract drivers. Attention should be paid to font type, font size, and contrasts between the message and background. Subd. 2. Maintenance. The area on the property around the Sign, including required landscaping areas, shall be properly maintained and clear of brush, weeds, debris, rubbish and other obstacles. All burned-out light bulbs or damaged panels on a Sign shall be immediately replaced. Subd. 3. Sign Copy. All Sign copy shall be fastened securely to the Sign face and maintained on a regular basis. Any missing Sign copy shall be replaced immediately. Any Sign copy that is outdated must be removed within 30 days. Subd. 4. Location. No Sign shall be located so as to obscure any existing Sign. No sign other than a governmental sign shall be erected or temporarily placed within any street right-of-way or upon any public easement, except as explicitly permitted herein. No Sign shall be attached or placed upon any building in such a manner as to obstruct any window or door or fire escape or be attached to any fire escape. The minimum clearance of any Sign from unprotected electrical conductors shall be not less than 36 inches for conductors carrying not over 600 volts and 48 inches for conductors carrying more than 600 volts. Subd. 5. Coordinated Site Signage. Sign Area for Freestanding Signs may be transferred from one lot to another lot subject to the following conditions: (a) The maximum aggregate Sign Area of Freestanding Signs shall not be increased. (b) The maximum number of Freestanding Signs allowed on each lot shall not be increased. (c) Sign Area shall not be transferred to or from residential lots. (d) A Freestanding Sign on a lot to which Sign Area is transferred may exceed the allowed maximum Sign Area but shall not exceed 200% of the allowed Sign Area. (e) The allowed Sign Area for Freestanding Sign(s) on a lot from which the Sign Area is transferred shall be reduced by an equal amount. (f) No more than 50% of the maximum Sign Area may be transferred to another lot. (g) The lot to which Sign Area is transferred shall be located within 1000 feet of the lot from which Sign Area is transferred or be within the same development. Ordinance No.## 15 DATE (h) No Sign Area may be transferred between or among lots except pursuant to an agreement among the property owners in a form and substance acceptable to the City. The agreement shall be recorded against the lots, document the reduction of Sign Area allowed on the lot from which the Sign Area was transferred, and describe maintenance obligations. Subd. 6. Interference with Traffic. A Sign shall not be located within 50 feet of any street, traffic sign or signal, intersection, driveway or crosswalk. A Sign may be located closer than 50 feet if it can be shown that the Sign will not interfere with the ability of drivers and pedestrians to see the traffic sign or signal, intersection, driveway or crosswalk, and the Sign will not distract drivers nor cause any interference with such traffic sign or signal. Subd. 7. Illumination. Illuminated signs shall be subject to the electrical requirements of the electrical code of the State of Minnesota. Illuminated signs shall also be subject to the requirements of Section 829 of the city’s ordinances. Subd. 8. Dynamic Displays. Dynamic Displays on Signs are allowed subject to the following conditions: (a) RESERVED. (b) No more than one contiguous Dynamic Display shall be located upon a single parcel, except as described in clause (e) below. A two-sided Dynamic Display shall be considered a single Dynamic Display for the purposes of this section. (c) No Dynamic Display may exceed 32 40 square feet in area on a single Sign face and shall not occupy more than 50 percent of the actual copy and graphic area of the Sign face, except as described in clause (l) below. (d) No portion of the Dynamic Display shall be located more thanexceed 10 15 feet in heightfrom the ground, except as described in clause (e) or (l) below (e) Notwithstanding the limitations in clause (b), (c), and (d), an additional alpha- numeric, monochrome Dynamic Display element may be included on a Sign face provided that it can display no more than four characters and is no more than 16 square feet in area. This Dynamic Display element may be located higher than 10 15 feet above the ground. (f) A Dynamic Display must not change or move more often than once every 60 seconds; (g) The images and messages displayed on a Dynamic Display must be static, and the transition from one static display to another must be instantaneous and without any special effects; Ordinance No.## 16 DATE (h) The images and messages displayed on a Dynamic Display must be complete in themselves, without continuation in content to the next image or message or to any other Sign; (i) Every line of copy and graphics on a Dynamic Sign visible from a road must be at least seven inches in height. If there is insufficient room for copy and graphics meeting these requirements, then no Dynamic Display is permitted; (j) Dynamic Displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the Sign owner must immediately stop the Dynamic Display when notified by the city that it is not complying with the standards of this ordinance; (k) Dynamic Display Brightness Standards. (2) In no case shall the luminance from a Dynamic Display exceed 500 NITS between sunset and sunrise and 5,000 NITS between sunrise and sunset. (3) All signs with Dynamic Displays shall be equipped with an ambient light sensor and an automatic dimmer control that automatically controls the brightness to comply with these requirements. (4) In addition to these requirements, all lighting on the property shall abide by maximum illumination requirements at property line as described in Section 829. However, Dynamic Displays which meet the standards of this section shall be exempt from the light output and shielding requirements of Section 829; and (l) Notwithstanding the limitations of (c) and (d), a Dynamic Display adjacent to a railroad right-of-way which abuts a principal arterial may: (1) exceed 40 square feet in area, but may not exceed 80 square feet. (2) exceed 15 feet in height, but may not exceed 20 feet in height. (m) Dynamic Displays existing on the effective date of this ordinance that do not meet the structural requirements or operational standards above may continue as a Non- Conforming Sign subject to Section 815.29. An existing Dynamic Display that cannot meet minimum font size requirements as stated in subdivision 8(i) above must use the largest size possible for one line of copy to fit in the available space. Ordinance No.## 17 DATE Subd. 9. Brightness Standards. (a) All Signs shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances, unless otherwise exempted by this section. (b) The person owning or controlling the Sign must adjust the Sign to meet the brightness standards in accordance with the city’s instructions. The adjustment must be made immediately upon notice of non-compliance from the city. The person owning or controlling the Sign may appeal the city’s determination through the appeal procedure as set forth in Section 815.27 of this code. (c) All Signs installed after the effective date of this ordinance must be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the Sign owner or operator must immediately turn off the Sign or lighting when notified by the city that it is not complying with the standards of this section. Subd. 10. RESERVED Height of Freestanding Signs. For the purpose of calculating the allowed height of a Freestanding Sign, height shall be measured from the higher of the following elevations: 1) Ground elevation at the base of the Freestanding Sign; or 2) elevation at the adjacent centerline of the street adjacent to the Freestanding Sign. Subd. 11. Non-Commercial Speech Signs. The owner of any Sign which is otherwise allowed by this ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting by the city. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any other more specific provision to the contrary. Section 815.23. Sign Permit Applications. The owner or occupant of the property on which a Sign is to be erected, or the owner or installer of such Sign, shall file an application with the city Zoning Administrator for a Sign permit. Sign permits must be acquired for all new, relocated, modified, or redesigned Signs except those specifically excepted in this ordinance. Subd. 1. Required Information. An application for a Sign permit shall include the following information: (a) The name, address and telephone number of the applicant; (b) The legal description and address of the property to which the Sign is to be placed; (c) A site plan complete with the description of the Sign, a scaled drawing showing the Sign’s size, location, manner of construction, landscaping, color, construction materials and lighting details; Ordinance No.## 18 DATE (d) A blueprint or ink drawing of the plans and specifications and the method of construction and attachment of the Sign; (e) A certified survey with the existing and proposed grading of the site location for which the Sign will be placed if the Sign construction will disturb more than 50 cubic yards of earth. The certified survey shall show the existing and proposed site elevations in two foot contours, drainage patterns and silt fence location for erosion control for the proposed site; (f) The name of the person or entity erecting the Sign, if not the applicant, or the name of the person on whose property the Sign is to be located, if not the applicant; (g) The written consent of the owner of the property, if not the applicant; (h) A statement as to whether the Sign will be illuminated or not; (i) A statement as to whether the Sign will contain any type of Dynamic Display; (j) A statement as to whether the Sign will be single faced, double-faced or multi-faced; and (k) Such other information as shall be required by the Building Official and/or the Zoning Administrator. Subd. 2. Permit Fees. The application for a Sign permit shall be accompanied by the required Sign permit fee and any applicable building permit fee. The Sign permit and building permit fees shall be established by ordinance of the city council. Subd. 3. Master Signage Plan. A master signage plan shall be included for any Sign permit applications that involve any residential, mixed-use, commercial, business park and industrial planned unit developments that include multiple structures and/or substantial site area and/or mixed uses. The master signage plan must address the visibility needs of the entire development area, while remaining consistent with the intent of this ordinance to require high quality signage. The master signage plan shall also include permanent Sign covenants which can be enforced by the city. Subd. 4. Sign Permit Issuance/Denial. Provided that the Sign permit application is complete and approved by the Zoning Administrator, all fees have been paid, and the proposed Sign and the property upon which the Sign is to be placed are within the requirements of the ordinance and all other ordinances, statutes and regulations, the Zoning Administrator shall then issue the Sign permit. In the event that the Zoning Administrator determines that all requirements for approval have not been met, he or she shall promptly notify the applicant of such fact and shall automatically deny the Sign permit. Notice shall be made in writing and sent to the applicant’s address listed on the Sign permit application. Ordinance No.## 19 DATE Subd. 5. Inspection. The Zoning Administrator or Building Official shall inspect the property for which a Sign permit is issued on or before six months from the date of issuance of the Sign permit. If the Sign construction is not substantially complete within six months from the date of issuance, the Sign permit shall be revoked. If the construction is substantially complete, but not in full compliance with this ordinance, other ordinances and applicable codes, the Zoning Administrator shall give the applicant notice of the deficiencies and shall allow an additional 30 days from the date of the inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the Sign permit shall be revoked. Subd. 6. Sign Permit Expiration. A Sign permit shall become null and void if the Sign for which the Sign permit was issued has not been completed and installed within six months after the date of issuance. No refunds shall be made for permit fees paid for Sign permits that expired due to failure to erect a permitted Sign. If later an individual decides to erect a Sign at the same location, a new Sign permit application must be processed and another permit fee shall be paid in accordance with the fee schedule applicable at such time. Subd. 7. Revocation. Should it be determined by the city that a Sign permit was issued pursuant to an incomplete application or an application containing a false material statement, or that the Sign permit has been erroneously issued in violation of this ordinance, the Zoning Administrator shall revoke the Sign permit. Section 815.25. Enforcement. Subd. 1. Notice. Any person who violates any provision of this ordinance shall receive a notice of the violation by hand delivery or mail indicating that he or she must correct the violation within seven days of the date of the notice. Signs posted within the right-of-way or on public property which violate any provision of this ordinance may be removed and disposed of at any time and without notice. Subd. 2. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Each day in which the violation continues to occur shall constitute a separate offense. Violation of any provision of this ordinance shall also be grounds for revocation of a Sign permit by the city. Section 815.27. Appeal. An applicant whose Sign permit has been denied or a permitee whose Sign permit has been revoked may appeal the decision of the Zoning Administrator to the city council provided he or she files written notice of an appeal with the Zoning Administrator within 15 business days of notice of the Zoning Administrator’s decision. Such appeal shall be considered by the city council at its next regularly scheduled meeting held after the city’s receipt of the written notice of appeal, provided that the notice of appeal is received by the city a minimum of five full business days before the meeting. The city council shall conduct an appeal hearing and allow the applicant and any of his or her witnesses to address the council and to submit additional information. The city council shall make its final determination on the appeal no more than 30 business days after the appeal hearing. The city council shall notify the Ordinance No.## 20 DATE applicant of its decision and provide reasons for that decision. Section 815.29. Nonconforming Signs. Any Sign legally existing at the time of the passage of this ordinance that does not conform to the provisions of this ordinance shall be regulated by relevant City Code and statutory provisions regarding nonconformities. Section 815.31 Variances. Variances from the provisions of this ordinance shall be reviewed by the provisions of the City Code related to zoning variances. Section 815.33. Severability and Conflict. This ordinance and its parts are declared to be severable. If any section, subsection, clause, sentence, word, provision, or portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, this decision shall not affect the validity of the ordinance as a whole. All parts of this ordinance not declared invalid or unconstitutional shall remain in full force and effect as if such portion so declared or adjudged unconstitutional or invalid were not originally part of this section, even if the surviving parts of the ordinance result in greater restrictions after any unconstitutional or invalid provisions are stricken. The city council declares that it would have enacted the remaining parts of the section if it had known that such portion thereof would be declared or adjudged unconstitutional or invalid. If any part of this ordinance is found to be in conflict with any other ordinance or with any part of this ordinance, the most restrictive or highest standard shall prevail. If any part of this ordinance is explicitly prohibited by federal or state statute, that part shall not be enforced. SECTION II. Section 829.05 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 829.05. Lighting for Signs. Subd. 1. External illumination for signs shall conform to all provisions of this ordinance. In particular, such lighting shall conform to the lamp source, shielding restrictions and light levels of Section 829.04. All upward-directed sign lighting is prohibited. Subd. 2. Internally illuminated signs. (a) Portions of a Sign which do not include a logo or message shall be opaque or, if lighted, shall be constructed with a colored (not white, off-white, light gray, cream or yellow) background. (b) Internally illuminated signs shall not exceed 500 nits of luminance from sunrise sunset until sunset sunrise and shall otherwise conform to the provisions of this ordinance. Neon signs, Light Emitting Diode (LED) signs, and other similar devices shall be treated as internally illuminated signs for the purposes of this ordinance and shall conform to all provisions of this ordinance. (c) Other internally-illuminated panels, bands or decorations not considered to be signs according to the sign ordinance, such as illuminated canopy margins or building faces and neon/LED banding, shall not exceed 500 nits of luminance from sunset Ordinance No.## 21 DATE until sunrise and shall be subject to the standards applicable to such lighting, including but not limited to the lamp source, shielding standards and light level requirements of Section 829.04. Internally-illuminated panels, bands or other decorative lighting shall not be permitted upon building facades, canopies, or around signs within 500 feet of residential property, as measured from the proposed lighting location on the site to the property line of the residential property. Subd. 3. Curfews. Illumination for signs and glass enclosed areas, shall be turned off at 11 PM or when the business closes, whichever is later. Illumination for signs and glass enclosed areas shall not be turned on until 5 AM or when the business opens, whichever is later. Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off timers. Light background (white, off-white, light gray, cream or yellow) internally illuminated signs, installed legally before enactment of this ordinance, shall be considered non-conformities but may continue to be used and illuminated so long as their use conforms to the curfews as indicated. Notwithstanding the above, signs with light backgrounds must be brought into compliance with this ordinance within the time periods specified in section 829.03, subd. 3 hereof. Subd. 4. Internally illuminated signs are not permitted in E1 Lighting Zones. SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this _____day of ______, 2021. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Scott T. JohnsonJodi M. Gallup, City Administrator Clerk Published in the Crow River News on the ____ day of ______, 2021. Resolution No. 2021-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an ordinance amending regulations pertaining to signs, 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 21 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinances. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city administrator-deputy clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. an ordinance amending regulations pertaining to signs. The ordinance makes the following changes to the sign regulations: 1) Increase maximum size of freestanding signs in the CG, BP, and IP zoning district along the frontage of a principal arterial roadway from 64 s.f. to 80 s.f. and maximum height from 10’ to 20’. 2) Increase the maximum size of dynamic displays from 32 s.f. to 40 s.f. 3) Increase the maximum height for dynamic displays from 10’ to 15’ 4) Allow dynamic displays adjacent to railroad right-of-way which abuts a principal arterial to be a maximum of 80 s.f. and 20’ in height 5) Increase maximum area of residential entrance monument signs from 30 s.f. to 32 s.f. and maximum height from 6’ to 8’. 6) Add clarification for the calculation of height of freestanding signs and calculation of sign area for v-signs 7) Correct error within lighting ordinance related maximum illuminance of signs in daytime and nighttime The full text of the ordinance is available from the city administrator-deputy clerk at Medina city hall during regular business hours. Resolution No. 2021-## 2 DATE BE IT FURTHER RESOLVED by the city council of the City of Medina that the city administrator-deputy clerk keep a copy of the ordinance in their office at city hall for public inspection and that they post a full copy of the ordinance in a public place within the city. Dated: . ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________________ Scott T. Johnson, City Administrator-Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 1 Public Hearing – Ordinance Amendment – Chapter 8 of the City Code Pertaining to Sign Regulations – Requested by Ditter Heating, Cooling and Electric Finke presented a request from a property owner to amend the zoning code specifically related to the sign regulations. The property owned by the applicant is located at 820 Tower Drive. The applicant is considering a dynamic sign for advertisement and as they were reviewing options, some of the regulations caused concern related to the effectiveness of their potential sign because of the distance from Highway 55 and speed of traffic on the roadway. He stated that the first amendment is related to the size and height allowances within the different zoning districts. The applicant proposed to add additional allowances for height for properties adjacent to arterial roadways. He stated that staff does not oppose this change as it would seem to make sense along the highway and would be similar to other commercial zoning district properties. He asked if that should be opened to all arterial roadways or simply principle arterial roadways. He stated that the second proposal is related to dynamic display signs, stating that currently the City allows no more than 32 square feet in area and no more than 50 percent of the total sign. He stated that the applicant would propose to increase the area for signs adjacent to roads with higher speeds and would link the square footage allowed to the speed of the roadway; a 55-mph roadway would then permit a 55 square foot area. He stated that most of the dynamic signs do not even reach the 32 square feet, outside of the Medina Entertainment Center sign. He noted that the next amendment would relate to the height of the sign, noting that the dynamic portion cannot exceed ten feet in height. He noted that the applicant would propose to remove the height limitation and therefore the height would default to the height allowed for a sign within the zoning district. He stated that there has been interest from other property owners to have a dynamic display higher than ten feet as well. He noted that the next amendment would be related to message timing and stated that the City currently specifies that the message not change more than once per minute while the applicant would propose to allow messages to change every 30 seconds. He stated that the applicant proposes to clarify that signs that are not exactly back-to-back should be counted as a single face. He stated that the next change would be related to neighborhood development signage, specifically the allowed height and square footage. He noted that while that would not apply to the applicant’s property, it was suggested by the consultant for the applicant that commonly works with signage. He stated that the next change is related to brightness, noting that an error was noticed by the consultant related to NITS. He stated that the language within the code has the sunset and sunrise words in the wrong order, which then allows much brighter displays than intended and therefore staff supports the change. He stated that staff does not oppose most of the proposed changes but would like more discussion on the dynamic display size and related to arterial roadways. Nielsen opened the public hearing at 7:16 p.m. No comments. Nielsen closed the public hearing at 7:17 p.m. Nielsen confirmed the consensus of the Commission to support the changes proposed for the V-shaped signs and residential neighborhood signs. She asked if there is concern in making these changes applicable to the commercial general and business park districts. Galzki asked if there would be a way to open these allowances to properties that have frontage along Highway 55 rather than opening it up to the zoning districts. Nielsen asked if that would be achieved by using principal arterials rather than all arterials. Galzki confirmed that could alleviate his issue. Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 2 Finke explained that is how the increased allowance would be intended. He stated that the general rule for the subject property would limit signage in the current manner on Tower Drive and the increased allowance would only be allowed on the Highway 55 frontage. Galzki commented that he would simply want to limit the possibility of opening this up to more properties than desired and noted that perhaps that language would provide that limitation. Finke estimated about 12 to 15 properties that would be allowed to follow the ordinance as proposed. Nielsen asked whether the Commission favored arterial roads or principle arterial roads. Rhem replied that he would lead towards restricting to principal arterial in order to minimize distraction and follow the intent of the zoning ordinance. Grajczyk agreed and believed those areas would be more appropriate for that type of signage. Galzki agreed that the intent would be to ensure properties along principle arterial roads could utilize that frontage for signage. Nielsen stated that she would prefer to keep the message duration at 60 seconds. Piper agreed. Rhem stated that he could support either option. Galzki stated that he also did not have a strong preference. He stated that depending on what the message is, it could be helpful to be able to change the message more frequently. Nielsen stated that she is not steadfast in her position but finds those signs distracting. Grajczyk stated that there is a light near the subject property, therefore during rush hour times increased messaging could be distracting for drivers. Piper asked if changing the message duration to 30 seconds would increase income for those that install signs. Mike Kasbohm, Think Digital Signs, stated generally speaking, the more a company can change its messaging, the more opportunity to has to get its messaging out. He stated that some businesses are able to generate cooperative marketing dollars from their suppliers. He used the example of a business advertising products it sells at its site. He stated that the sign installer sells only the sign and does not make money off the messaging. He stated that the trend that he has seen in cities has been long message duration because of the concern related to safety. He stated that the studies completed have shown that done right, without video or moving graphics, the signs are not a distraction to drivers. He reviewed the range in message duration allowed by other communities from six to eight seconds to one minute or above. Piper stated that as a driver she has noticed that her attention shifts to looking at the sign to notice when the message will change. Grajczyk used the example of multiple businesses within a corridor using digital signage and asked if that creates problems for distraction of drivers. Medina Planning Commission Excerpt from Draft 09/14/2021 Minutes 3 Kasbohm stated that typically that is regulated by the distance between properties and therefore not been an issue. He stated that in a corridor with multiple signs, a vehicle moving at 70 mph is moving roughly 100 feet per second and therefore if passing a number of properties, they would only see one or two messages from signs. He stated that typically eyes gravitate towards what can be read and recognized and that is why they recommend clear concise messaging with appropriate size of text. Nielsen asked the timing allowed in Plymouth. Kasbohm stated that he does not have that information with him but would be happy to provide the City with a list of the allowed times of surrounding cities. Nielsen commented that she would also be concerned with distracting drivers close to the intersection. She asked for input on the maximum size proposed. Galzki stated that his only concern is whether the sign size should be dictated by speed or roadway type. He stated that perhaps the size is dictated by principal arterial, minor arterial, and collector roadway. Nielsen commented that she liked that concept. Finke stated that the theory in the increased size is to increase visibility when traveling at higher speeds. He believed that speed would be a more direct link but acknowledged that the concept proposed would be more straightforward. Galzki stated that perhaps the regulations of surrounding cities are reviewed in terms of size and message duration. Finke stated that Plymouth has a message duration of 15 minutes and 64 square feet in certain districts and 32 square feet in other districts. He noted that staff could review regulations of other communities if desired. Galzki stated that he would find that information helpful. He stated that he did not have a huge problem with the change in height but would not want to remove the limitation but allow a reasonable height. Finke stated that the display portion would still be subject to the maximum sign height. He noted that Medina tends to be more restrictive by and large compared to other communities. He agreed that in terms of digital display signs, many communities adopted default language, and many have amended it as time as gone by and more experience has been gained. Motion by Piper, seconded by Rhem, to table the request to the next meeting requesting additional information. Motion carries unanimously. (Absent: Popp and Sedabres) Medina Planning Commission Excerpt from Draft 10/12/2021 Minutes 1 Continued Public Hearing – Ordinance Amendment – Chapter 8 of the City Code Pertaining to Sign Regulations – Requested by Ditter Heating, Cooling, and Electric – Proposed to Increase Size and Height of Dynamic Displays and Signs in Certain Districts Finke stated that the Commission considered this request at its September 14th meeting, tabling the item to request additional information. He provided a summary of the changes proposed by the applicant and discussed at the last meeting. He also provided information on what is allowed in other communities related to dynamic display message signs. He noted that staff does not oppose most of the proposed changes. Mike Casbalm, representing the applicant, stated that there are a number of cities that he has worked with recently that do not have regulations or allow up to 100 percent of the sign to be dynamic display. He reviewed those examples within the metro area. He stated that the reference to a percentage of the sign that is static versus dynamic was a reference to the past when technology was not as advanced. Popp stated that in the last packet it was noted that about 12 to 15 properties would be eligible for the new signage regulation and asked if that is correct. Finke stated that the number is correct, but it pertains to the increase in sign area and height that would be relevant. He stated that those properties are already eligible for dynamic displays and therefore the regulation would only impact the allowed size and height of the signs. Popp asked how many other properties would be impacted by the proposed adoption to increase the signage area. Finke stated that the 12 to 15 properties that he mentioned would be the only properties that would have the change. He stated that the broader changes to dynamic displays would apply to all zoning districts. Nielsen opened the public hearing at 8:23 p.m. No comments made. Nielsen closed the public hearing at 8:24 p.m. Sedabres stated that he appreciates the additional work that staff has done to show what is allowed by other communities. He stated that he does not have any major concerns but has some questions with the overall impact to the community. He stated that he feels comfortable with what is proposed given what is allowed in other communities and advancement in technology. Rhem also thanked staff for gathering the additional information, as that allows him to feel confident supporting the requests in full. Popp stated that he can support four of the eight requests. He stated that he does struggle with the remaining three requests. He stated that he finds the request of the specific applicant reasonable but fears the impact to the overall impact citywide. He stated that dynamic displays are purposefully distracting and changes the experience of visitors in the community. He stated that the proposed max signage is 70 percent larger than the next on the list, which is significant. He stated that Medina has never aspired to be Maple Grove or Plymouth and has its own vision and goals that must be upheld. He was unsure that increasing advertising increases the quality of life for the residents of Medina. Piper stated that it would appear that this would be the largest sign in Medina and asked if that is correct. Medina Planning Commission Excerpt from Draft 10/12/2021 Minutes 2 Finke confirmed that a sign similar in size to the Medina Entertainment Center sign would be allowed for the properties along Highway 55 if this were approved. Piper stated that she struggles that this would allow large signs along the corridor. She agreed that Medina is not Plymouth or Maple Grove. She believed that the signs could be made smaller. Finke stated that the current regulations allow dynamic display signs but limit the size to 32 square feet. Grajczyk stated that staff did a great job, and this is a review of another unique situation in Medina. He stated that at the previous meeting, there seemed to be an understanding that 50 square feet would not be exceeded. He stated that they also discussed safety concerns with changing messages near a busy intersection. He noted that this would also set a precedent for the future and open doors for other businesses to have signs of this type. He stated that he is not opposed to the requests. He stated that he wants to ensure that the messaging does not change too frequently, causing a distraction. He commented that given the desired placement of the sign, he did not believe it would generate a huge distraction. Nielsen stated that she struggles with this as she would support some increase but believed the proposal is too large. She commented that Ditter has been a part of the community for many years and wanted to be able to accommodate a portion of the request. She stated that she does not like the idea of messaging changing too frequently and becoming a distraction. She stated that she would like to see something less than what is proposed. Finke stated that although Ditter is the applicant, the proposal would be a change to the ordinance that would apply citywide. He stated that there are some aspects of the Ditter property, and those adjacent along Highway 55, which are unique as they sit back further from the road because of the railroad. He stated that if 50 or 55 square feet is too large, perhaps 40 square feet be allowed. Nielsen stated that she likes that suggestion. Grajczyk stated that he would also support that recommendation. Rhem agreed as well. Piper asked if the height of 20 feet would still be allowed, or whether ten feet should be allowed. Nielsen commented that she would support 20 feet. Rhem stated that he is comfortable with 20 feet as this would only apply to arterial roadways. Finke stated that the issue with the principal arterial roadways pertains to the increase of the general area and height allowed within the limited districts. He stated that if the Commission gets rid of the maximum dynamic display height, that will apply more broadly and not just to principal arterial properties. Piper asked if CR 19 is considered a principal arterial. Finke replied that it is an arterial roadway but not a principal arterial roadway. Sedabres asked the heights of the signs from Medina Entertainment Center and whether they exceed ten feet. Medina Planning Commission Excerpt from Draft 10/12/2021 Minutes 3 Finke replied that the Medina Entertainment Center is unique as the property sits under a retaining wall significantly below the Highway 55 grade, therefore the property received a variance in order to align signage with the Highway 55 grade rather than the grade at the base of the sign but did not believe the dynamic display sign is much higher than ten feet above the road grade. He stated that the Highway 55 Rental sign is nonconforming and is most likely higher than ten feet. Sedabres stated that he is comfortable with the sign size and would be open to a height of 15 feet rather than 20 feet if that would make the Commission more comfortable. Piper asked if height could be regulated by a formula of an allowance above the roadway, which would accommodate properties that have a lower grade. Finke stated that he believes that is partially the issue of Ditter; the grade change from Highway 55. He stated that the City has had other folks interested in dynamic displays higher than ten feet that did not have a grade issue. Casbalm stated that many of the cities he works with allow for the measurement of height from the roadway rather than the area where the sign will be placed to account for elevation changes. Popp provided additional comments related to V shaped signs and the degree of angle. Nielsen asked for input from Casbalm on the average degree for V shaped signs. Casbalm stated that he does not have an average but generally speaking they attempt to avoid a situation where both sides of the sign are seen at the same time. He stated that for those that regulate the degree, the smallest allowed would be 20 degrees. Finke clarified that the angle is measured between the sign areas. Popp stated that this would then make sense. Motion by Piper, seconded by Rhem, to recommend approve of the ordinance amendments as proposed with the following changes: to allow for a 15-foot height above the roadway, a 60 second message duration, and to allow up to 50 percent of the sign as dynamic display. A roll call vote was performed: Grajczyk aye Piper aye Popp aye Rhem aye Sedabres aye Nielsen aye Motion carries unanimously. Finke stated that as long as staff can make the changes recommended in sufficient time, this item will move forward to the Council at its meeting the following week. Medina Planning Commission Excerpt from Draft 11/9/2021 Minutes 1 Discussion – Ordinance Amendment – Chapter 8 of the City Code Pertaining to Sign Regulations Finke provided background information on the request which was reviewed by the Planning Commission at its September and October meetings. He reviewed the previous recommendations of the Commission, noting that the City Council expressed potential interest in increased dynamic display size, particularly related to properties adjacent to Highway 55 but separated by the railroad right-of-way. He stated that staff took the opportunity to present this back to the Commission to gain additional input. He noted that the applicant expressed interest in having a larger dynamic display above the 55 square feet proposed. He reviewed the previous recommendation of the Commission, noting that the applicant would request that 100 percent of the sign be allowed to be dynamic display. He stated that the Commission is welcome to provide input but does not need to hold another public hearing or make a formal recommendation. Piper asked for clarification on what would be requested by the applicant. Finke explained that what is shown is a 20-foot-tall dynamic display, which would still be significantly blocked by a train. He stated that if the sign were 15 feet high it would be completely blocked by the train. Piper commented that she does see the problem the applicant would have with the train. Nielsen stated that she does not believe ten to 15 trains per day is a significant number of trips. Galzki commented that he feels that this request is one business attempting to make an entire ordinance change for the City and did not see a need to change the recommendations from the Commission’s previous review. He stated that he would be willing to work with the applicant directly, whether that is done through waiver or variance, rather than crafting an ordinance to meet the needs of one business. Piper agreed that the Commission should stay with its recommendation. Popp referenced proposed language and asked for clarification. Finke confirmed that the language was not correct. Popp stated that as much as he wants to work with this longtime business member of the community, he did not see changing the ordinance as the proper method to do so. He preferred to keep the previous recommendation of the Commission. Rhem noted the concern with height related to the train. He noted that if 80 square feet were allowed, that would be the largest sign in the City and would prefer to keep the prior recommendation. Sedabres and Nielsen concurred to keep the previous recommendation of the Commission. Medina City Council Excerpt from 10/19/2021 Minutes 1 Ditter Cooling, Heating and Electric – Sign Ordinance Regulations – Text Amendment (8:53 p.m.) Johnson stated that the applicant is requesting various amendments to the sign ordinances as they believe the existing regulations would impact the effectiveness of the dynamic display sign they would like to install. Finke stated that there are a series of changes proposed, noting that a number of the changes apply specifically to dynamic display signs. He reviewed the proposed change to allow a larger size and increased height for freestanding signs. He stated that the proposed changes would match what is allowed in the commercial highway district, noting that the Planning Commission suggested applying the change for properties adjacent a principal arterial roadway. He stated that the Council could also choose to apply the change to properties adjacent to all arterial roadways rather than only principal arterial roadways. Martin asked for the input of the Council on this proposed change. Albers stated that he has no issue with the changes and would agree to apply the change to all arterial roadways. Reid commented that she would prefer to limit the changes to principal arterials. DesLauriers stated that he agrees to only apply the change to principal arterials. Cavanaugh also agreed that the change should only apply to principal arterials. He believed that properties along CR 116 should have different requirements than properties along Hwy 55, referencing a business park on CR 116. Finke clarified that the business park on CR 116 is a PUD and therefore has its own regulations related to signage. Martin also agreed that the change should only apply to principal arterials. Albers stated that with the additional information provided through discussion, he would also support the change only applying to principal arterials. Finke stated that the next proposed changes would apply specifically to dynamic display signs. He reviewed the existing regulations related to the allowed percentage of the sign which can be dynamic display and the change proposed by the applicant relating the percentage to the speed of the roadway. He stated that the applicant is aware that some cities are considering amendments to their codes as well and provided information on regulations from other communities. He stated that for dynamic display the applicant is proposing to increase the allowed size of dynamic display portion of a sign and to remove the height limitation specific to dynamic display which would then leave the height of the sign to fall under the limitation for signs under the zoning district. He stated that while staff did not oppose the change to the allowed height, the Planning Commission suggested a maximum height of 15 feet for dynamic display signs. He stated that the applicant proposes to change the duration of messages from 60 seconds to 30 seconds, although noting that this was the lowest priority change from the applicant. He stated that the Planning Commission recommended an increase in size for the dynamic display portion of the sign from 32 square feet to 40 square feet. Medina City Council Excerpt from 10/19/2021 Minutes 2 Martin stated that she agrees with the Planning Commission almost completely on all the recommendations within the report. She confirmed agreement of the Council with all the recommended changes. Finke stated that the change to V signs is a more technical change and provided additional description on the proposed change which would improve the viewing angle to the roadway. He stated that the change to residential entry signs is not related to the current applicant, but was proposed by the applicant’s consultant, recommending that those signs be increased from 30 square feet to 32 square feet as it allows for easier construction with an increase from six feet to eight feet in height to ensure visibility when there is snow or landscaping. He stated that the last change was a typo which had sunrise and sunset in the wrong positions within the existing ordinance. Martin stated that she found all the recommended changes to be acceptable. She confirmed that all members of the Council agree with the proposed changes as described. Finke provided details on the changes requested by the applicant compared to the recommendations of the Planning Commission. He stated that representatives from Ditter were not available tonight but have stated that they would not move forward with the sign they proposed if the changes from the Planning Commission were recommended rather than what they had proposed. He stated that the Council can provide their direction to staff and Ditter could speak at the next meeting when the resolution is presented for consideration. He noted that the consultant that worked with Ditter is present on the call and could provide input. Cavanaugh stated that the whole process has been driven by the applicant and it sounds like the limitation on square footage would prohibit them from installing their desired sign. He stated that perhaps it would make sense to delay until the applicant could be heard from, as there is nothing else driving this request. Martin invited the applicant’s consultant to speak. Mike Casbalm, consultant representing the applicant, stated that he agrees that it would make sense to allow Ditter to provide input before making a decision. He stated that he appreciated the ability to speak openly with Finke throughout the process of drafting these proposals, as that is not always the case. He stated that the 55 square foot size proposed by Ditter is the smallest size they would like in order to effectively communicate their message. He stated that as a sign consultant he does support the other changes but specific to Ditter, he can understand why the business would not have interest in installing a sign that would be more of a distraction versus an effective method of communicating their message. Martin commented that it seems like the Ditter property is uniquely challenged given the location and topography. She stated that the Council is concerned with having Highway 55 and CR 12 lit up with large display signs. She asked if there would be a possibility that the Ditter property could seek a variance to the sign code, once enacted, given the configuration of the property. Finke stated that may be an option. He stated that the applicant probably started on that path and was directed to this path to address the matter more broadly because the property is not unique and would apply to all the properties west of 101 to Willow Drive because of the location of the railroad tracks. He stated that perhaps there could be for a provision for a larger sign for properties separated from Highway 55 by a railway, therefore a variance would not be necessary and would apply to the properties along the corridor. Medina City Council Excerpt from 10/19/2021 Minutes 3 Reid stated that she would agree with that method. DesLauriers stated that he does not have an appetite for that allowance. He stated that there are enough distractions along Highway 55, and he is not interested in larger signs. Cavanaugh commented that he did not see a big difference between 40 feet and 55 feet. He commented that he does not see the Medina Entertainment sign as a big distraction and would support the additional allowance. Albers commented that he agrees with the comments of Reid and Cavanaugh and did not see a problem increasing the allowed size for the properties south of 55 that involve the railroad tracks. Martin commented that there is a majority of the Council that would allow for a larger sign size for the commercial properties south of Highway 55 and south of the railroad tracks. Finke stated that staff can provide more specific analysis about that distance and allowed size. Cavanaugh commented that signage is an important element of a business and if a business is stating that 50 or 55 square feet would help them be successful, he is willing to listen unless there is a strong safety reason behind not allowing the change. Finke commented that the ordinance is not prepared for action tonight and staff can use the feedback gathered to draft proposed language. 1. Ordinance Amending Regulations Pertaining to Signs; Amending Chapter 8 of the City Code Moved by Cavanaugh, seconded by Albers, to direct staff to update the ordinance pertaining to signs as recommended by the Planning Commission with the change to allow more dynamic sign area for commercial properties located south of Highway 55 and abutting the railroad right- of-way. A roll call vote was performed: DesLauriers aye Albers aye Cavanaugh aye Reid aye Martin aye Motion passed unanimously. 1 Dusty Finke From:Mike Kasbohm <mikekasbohm@thinkdigitalsigns.com> Sent:Wednesday, October 20, 2021 3:03 PM To:Dusty Finke Subject:RE: Medina City Council Hi Dusty,     I’m back in the office if you are able to talk.    The other issue for the businesses on the south side of the tracks is the height. If only 15’ above road grade, when the  trains are running most of the Sign would not be seen.    This image below is very close in scale. The red dotted line represents a train box car (which average between ~11’‐12’  feet in height).     The Sign Area in white is representing an ~8’ H x 10’ Wide Sign Area set at 20’ High from the road grade.     If at 15’ High, the sign would be mostly behind the train.     Keep in mind the perspective this image is taken from is on top of the Google Trucks (most around 9’ high camera  height) so from a car or even suv, the perspective would be even worse, plus the distance from the sign to the train  comes into play which in effect would result in the train appearing  even taller relative to the sign behind it—but to be  conservative I haven’t attempted to figure out how much worse yet it would be.    2   It occurred to me that I could easily show a more accurate perspective—I added another elevation line clamped to the  ground that represents the train along the tracks and it confirms the issue. This is with the top of the Sign (white lines)  still at the 20’ height. If 5’ lower the sign would be completely blocked by the train.    3   The more I look at this, businesses with signs on that side of the tracks would be much better served with a 25’ or 30’  Height.     Mike    Michael J. Kasbohm  P.S. It’s more than a sign, it’s Digital Marketing!   Click here to see our Growing Data Map of Client Locations    Think Digital Signs  Office: 952.456.2575   Cell: 612.719.1990      Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com1 Ditter Cooling & Heating 820 Tower Drive Medina, MN 55340 Site Analysis August –2021 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com2 Property: 820 Tower Drive, Medina, MN 55340 Planning Department Update Page 1 of 2 November 16, 2021 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: November 10, 2021 MEETING: November 16, 2021 City Council Land Use Application Review A) BAPS Site Plan Review – 1400 Hamel Road – Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS), Minneapolis, has requested Site Plan Review for construction of a place of assembly. The Planning Commission reviewed at the September 14 meeting and recommended approval. The City Council reviewed on October 5, October 19, and November 3 meeting. The applicant updated plans to be consistent with the recently adopted interim ordinance pertaining to rooftop elements. Staff intends to present a resolution for approval at the November 16 meeting. B) Sign Ordinance Amendment – Ditter Heating and Cooling has requested that the City consider amending its Sign Ordinance to increase the allowed height and size of freestanding signs within the Commercial-General zoning district adjacent to a state highway – The Planning Commission held public hearings at the September and October meetings. Following discussion, the Commission recommended approval with several changes. The City Council discussed on October 19 and tabled for more information. Staff intends to present at the November 16 meeting. C) Life-Style Auto Condo – South of Hwy 55, west of Pioneer – SH Ventures has requested review of a PUD Concept Plan for development of 12 buildings with approximately 258,000 square feet of space for privately owned garage condos. The Planning Commission held a public hearing and provided comments at the October 12 meeting. Most Commissioners generally did not believe the proposal was consistent with the objectives of FDA land use of the Comp Plan. Staff intends to present at November 16 Council meeting. D) Hamel Townhomes Concept Plan – Hamel Townhomes, LLC has requested review of a concept plan for a 30 unit townhome development at 342 Hamel Road. The Planning Commission held a public hearing on November 9. Generally, Commissioners felt the concept was too dense with the proposed townhome use and was not consistent with the objectives of the Uptown Hamel district. Staff intend to present to the City Council on December 7. E) Marsh Pointe Preserve Preliminary Plat – 4250-4292 Arrowhead Drive – BPS Properties has requested Preliminary Plat approval for a 38-lot subdivision east of Arrowhead Drive south of Bridgewater. The Planning Commission held a public hearing on November 9. Commissioners were generally supportive of a PUD, although several suggested reducing the number of units and increasing green space. Staff intends to present to Park Commission on November 17 and City Council on December 7. F) Caribou Cabin CUP and Site Plan Review – 3692 Pinto Drive – Woodbury REI LLC has requested a Site Plan Review and CUP for a small retail building including a drive-through at the southeast corner of Highway 55 and Pinto Drive. The Planning Commission held a public hearing on November 9 and recommended approval. Staff intends to present to City Council on December 7. MEMORANDUM Planning Department Update Page 2 of 2 November 16, 2021 City Council Meeting G) Cates Ranch/Willow Drive Warehouse Industrial – Comprehensive Plan Amendment and Environmental Assessment Worksheet – Oppidan has requested review of an EAW and a Comprehensive Plan Amendment for a warehouse/industrial development east of Willow Drive, north of Chippewa Road. Staff is conducting a preliminary review and will schedule review when complete. H) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. I) Weston Woods Final Plat – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested Final Plat for development of 76 twinhomes, 42 single- family, and 33 townhomes on the Roy and Cavanaugh properties. The Council adopted resolutions of approval at the October 19 meeting. J) Medina Townhomes – 1432 Baker Park Road (County Road 29) – Medina Townhome Development LLC has requested a Planned Unit Development General Plan and Site Plan Review for 23 rental townhomes on 2 acres north of Highway 12, east of Baker Park Road. The City Council adopted approval documents on September 21. Staff is working with the applicant to address the conditions of approval prior to construction. K) Deer Hill Preserve 5th Addition – Deer Hill Road, east of Homestead Tr. – Property Resources Development Corporation has requested final plat approval for eight of the lots within the Deer Hill Preserve development. City Council approved the final plat at the August 17 meeting. Staff will work with the applicant to finalize conditions of approval before executing the plat. L) 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. M) Prairie Creek, Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Pioneer Trail Preserve – These projects have been preliminarily approved and the City is awaiting final plat application. N) 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. O) 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) Rooftop Elements Moratorium – Staff began researching regulations in other communities and reviewing existing rooftop elements within the City. Staff intends to present to the Planning Commission on December 14. B) Meeting with OSI – staff attended the business tour with OSI and also had a separate meeting with representatives of Arrowhead Holdings, who own the property on which OSI is located. This meeting related to the construction of Arrowhead Drive/Chippewa Road in connection with Weston Woods project. C) Staffing discussions – staff discussed adjustments for job descriptions for the 2022 hire of a Planning/Building Assistant and how that relates to the current City Clerk vacancy and existing job descriptions. Staff intends to request authorization to recruit at the November 16 meeting. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: November 10, 2021 RE: Department Updates Last week I attended the Minnesota Chiefs of Police Conference in St. Cloud. This was a great conference with fantastic speakers that covered several professional standard topics. The networking that takes place is also as important as the classes themselves. From this conference I am working with others to bring in use of force training speakers to our department for next year. We will also be looking at tools that we can use on the officer’s duty belts to see if we can make subtle changes with minimal cost impacts to our budget. All in all, it was a very good conference. Several cities in the lakes area have noticed a spike in auto thefts of higher-end vehicles. There are some groups of individuals that have been targeting the Wayzata, Orono, Deephaven, Minnetrista, and Medina area. Over the past several weeks numerous vehicles have been stolen from driveways or garages. These vehicles are then used to commit other crimes, such as burglary, robbery, car jackings, etc. It is a disturbing trend that continues to rise throughout the twin cities. A good majority of these crimes are being committed by juveniles as young as 12 years old. Most of the vehicles are involved in multiple vehicle pursuits in which officers do not chase due to new no chase policies. Most vehicles are recovered in the Minneapolis area. Several suspects have been identified or arrested. The alarming part is several handguns have also been recovered. On 11-05-2021 the drug task force submitted a case for 3rd Degree Murder charges in reference to a fatal overdose that occurred in Medina on 11-05-2021. The case was investigated by Sergeant Boecker and several members of the West Metro Drug Task Force. I will keep the council up to date when a charging decision is made by the county attorney’s office. Patrol: The following are updates of Patrol Officers between October 27, 2021, and November 10, 2021: Officers issued 23 citations and 70 warnings for various traffic offenses, responded to 7 property damage accidents, 10 medicals, 6 suspicious calls, 3 traffic complaints, 8 assists to other agencies, 11 business/residential alarms, and 5 911-hangups. On 10/25/2021 our department was made aware that a dangerous subject may be hanging out in the area of the Medina Target and the subject had several warrants for his arrest and has been known to be combative to law enforcement. On 10/26/2021 our agency was made aware that the subject was spotted near Target. An Officer in plain clothes went into Target and located the subject and kept officer’s aware outside of his known location. Once the subject exited the store on foot and walked away from the main area of the store, officers moved in to arrest the subject. Once a K-9 provided warnings for the subject not to run the subject became compliant and was arrested without incident. On 10/28/2021 officer took a catalytic converter theft report from a business along Tower Drive. A catalytic converter was cut off an inoperable vehicle in the lot. No video or suspects at this time. On 10/28/2021 officers responded to Target to assist a Wright County Investigator who was interviewing a suspect. The suspect had made suicidal statements. Officer assisted with arranging for a health and welfare hold of the subject. On 10/31/2021 officer responded to an interrupted prowler call at the Medina Golf and Country Club. A member had observed suspects attempting to gain access to a vehicle in the lot. The suspects matched the description of the same suspects who had committed numerous thefts over the summer at the business. The suspects left at a high rate of speed from the business and officers were unable to locate the vehicle. On 11/01/2021 officers began enforcement of the seasonal no parking restrictions on city streets. Officers typically provided written warnings to begin with to provide reminders to the residents and eventually will begin issuing citations. Fifteen warnings have been issued since 11/01. On 11/05/2021 officer responded to take a vehicle theft report from the 4200 block of Wild Meadows Drive. Officer learned that in the early morning someone used a garage door opener from a vehicle in the driveway to gain access to the garage and a 2021 Jaguar was stolen from inside the garage. The vehicle eventually was able to be tracked via onboard equipment and was later reported to be in the New Hope area. New Hope officers located the vehicle unoccupied in a church parking lot. The vehicle was recovered and towed back to the Medina Police Department for processing. On 11/06/2021 officer responded to the 3200 block of Red Oak Trail on the theft report. The resident had received a phone call from someone advising the resident would be charged $400 for antivirus software on their computer but offered assistance with reversing the charges. The suspects eventually gained access to the victim’s computer and eventually asked the victim to purchase $3500 in gift cards for them. Victim eventually realized they were probably being scammed and called police. Victim had already provided gift card numbers and PIN numbers to the suspects and shredded the purchased gift cards at the suspect’s request. Officer was unable to assist with recovery of any of the stolen money. Victim was advised to have their computer checked by a professional to make sure no malware was installed on their computer. On 11/07/2021 officer responded to assist West Hennepin Public Safety with the burglary of a business in Maple Plain. Upon arrival officers found the front door to the business shattered and suspects no longer on site. Business was a tobacco store and the business losses are unknown at this time. Investigations: Last week the large criminal sexual conduct case that involved minors was formally charged by the Hennepin County Attorney’s office. The suspect is currently in custody in Wright County. Investigating a motor vehicle theft. The victim’s vehicle was stolen from the garage, the keys were also in the garage. The vehicle was located later that day in a parking lot of a church in another jurisdiction. Hennepin County CSI processed the vehicle for DNA and fingerprints. Investigation is on-going. Investigating a theft from a business. The suspect rented a piece of equipment and returned the equipment past its due date. The business attempted to charge the suspect’s credit card for the late fees, but the suspect turned off their card. The suspect has also ignored all phone calls from the business and the police department. Investigation is on-going. Investigating a theft from motor vehicle. Victim reported they had cash and credit cards taken from the vehicle. The victim’s credit cards were stolen and attempted to be used at various businesses in the metro. All the transactions were declined. There are currently (9) cases assigned to investigations. 1 TO: Mayor Martin and Members of the City Council FROM: Steve Scherer, Public Works Director DATE November 10, 2021 MEETING: November 16, 2021 SUBJECT Public Works Update STREETS • Public Works will make one last sweep through town in search of high valves and manholes so we can spray patch around them. This practice lessens the chance of damage to snowplows and infrastructure. WATER/SEWER/STORMWATER • Staff continues to train on the new operating system at the water treatment plant as time permits. • Seasonal hydrant flushing is complete. Staff will circle back to repair a few hydrants. If weather cooperates, we will start digging for the repairs. • To prevent corrosion caused by road salt exposure, Greg Leuer is covering hydrants with protective bags. The Fire Department has been informed of this process. • To fulfill one of our MS-4 storm water permit requirements, Public Works Staff is vacuuming out sediment basins along the roadways. • Jack Gleason conducted erosion control inspections on all job sites. His focus is buttoning things up on the sites where no further work will be done during the winter months. PARKS/TRAILS • The Hunter Park ballfield has been rough graded using the excess dirt from the court excavation. We have approximately forty to fifty loads of black dirt to haul away and stockpile in the hoop shed at the old Public Works site, where it will be used for future projects. • Tree removal in Harriot’s Woods at the Enclave took place last week. Several large trees with dead branches dangling over the trail corridor posed a safety concern and have been removed. We salvaged several logs with the intention to utilize the lumber in future park projects. MEMORANDUM 2 PERSONNEL • Public Works remains shorthanded so will again engage part-time help for the winter months as we work to recruit permanent personnel. • We will have some challenging months with the resignation of Jodi Gallup. All departments, including Public Works, will be helping with Jodi’s tasks until a replacement is hired. Jodi and I have worked together in the Parks Department for the past fifteen years, and while Lisa DeMars is going to help, there are still a lot of tasks to be sorted out. ORDER CHECKS NOVEMBER 3, 2021 – NOVEMBER 16, 2021 052241 CASSIDY, THOMAS/NANNETTE .................................................. $5.01 052242 COMMERCIAL ASPHALT CO. ............................................... $2,907.15 052243 CYCLONE CONSTRUCTION ............................................... $10,000.00 052244 FAY, JOHN ................................................................................ $250.00 052245 FRITZ, KELLY ........................................................................... $500.00 052246 KAUL, RAJEEV ......................................................................... $500.00 052247 KESHAVA, SRINIVAS ............................................................... $250.00 052248 KRISHNA SANKIRTAN SOCIETY ............................................. $100.00 052249 KUGLIN, KRISTIN/DIXON ........................................................... $12.79 052250 LAND TITLE TRUST ACCOUNT ............................................... $973.71 052251 MATURI, THANDAVA ................................................................ $500.00 052252 MENOZZI, WILLIAM/GRETA ................................................ $10,000.00 052253 MINNESOTA TITLE ESCROW ACCOUNT .................................. $20.75 052254 MONTGOMERY FARMS LLC .................................................... $131.55 052255 PASQUARETTE, DANIELLE ....................................................... $40.00 052256 PULTE GROUP .................................................................. $120,000.00 052257 REALTECH TITLE LLC .............................................................. $144.38 052258 SAINT THERESE OF CORCORAN ........................................... $250.00 052259 SWANSON HOMES ............................................................. $10,000.00 052260 WALL, JUSTIN .......................................................................... $500.00 052261 ADAMS PEST CONTROL INC .................................................. $115.43 052262 BEAUDRY OIL & PROPANE .................................................. $1,686.93 052263 BLUE CROSS BLUE SHIELD OF MN ................................... $36,666.29 052264 BOYER FORD TRUCKS INC .................................................. $7,276.53 052265 BURSCHVILLE CONSTRUCTION INC ................................. $29,530.00 052266 CORE & MAIN LP ...................................................................... $578.25 052267 DESIGNING NATURE, INC. ...................................................... $852.50 052268 ECM PUBLISHERS INC ............................................................ $134.56 052269 FERGUSON ENTERPRISES INC ........................................... $4,511.42 052270 GOPHER STATE ONE CALL .................................................... $291.60 052271 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00 052272 HAMEL LUMBER INC ................................................................ $132.01 052273 HAMEL LIONS CLUB ................................................................ $675.00 052274 HAWKINS INC. ....................................................................... $3,760.12 052275 HENN COUNTY INFO TECH .................................................. $2,289.83 052276 HIGHWAY 55 RENTAL ........................................................... $3,534.00 052277 JEREDS LAWN CARE INC ................................................... $10,500.00 052278 JIMMY'S JOHNNYS INC ............................................................ $303.04 052279 KD & COMPANY RECYCLING INC ........................................... $436.79 052280 KELLY'S WRECKER SERVICE INC ............................................ $75.00 052281 LAW ENFORCEMENT LABOR .................................................. $571.00 052282 LEXISNEXIS RISK DATA MGMT INC .......................................... $38.00 052283 CITY OF MAPLE PLAIN ......................................................... $2,957.31 052284 METROPOLITAN COUNCIL ................................................. $33,322.64 052285 MN DEPT OF AGRICULTURE .................................................. $225.00 052286 MORRIS ELECTRONICS INC. .................................................... $80.00 052287 MOTLEY AUTO SERVICE LLC .............................................. $1,303.00 052288 NAPA OF CORCORAN INC ...................................................... $575.06 052289 NUSS EQUIPMENT GROUP LLC ............................................. $230.62 052290 OFFICE DEPOT ........................................................................ $239.61 052291 OPG-3, INC ............................................................................ $7,632.00 052292 CITY OF ORONO ................................................................... $2,717.74 052293 PREMIUM WATERS INC ............................................................. $15.50 052294 STAR TRIBUNE........................................................................... $58.27 052295 STREICHER'S ........................................................................... $280.97 052296 SUBURBAN TIRE WHOLESALE INC ........................................ $589.68 052297 TALLEN & BAERTSCHI .......................................................... $2,154.87 052298 TIMESAVER OFFSITE .............................................................. $411.00 052299 TITAN MACHINERY .................................................................. $226.19 052300 TRANSPORT GRAPHICS ......................................................... $471.70 Total Checks $315,034.80 ELECTRONIC PAYMENTS NOVEMBER 3, 2021 – NOVEMBER 16, 2021 006148E PR PERA .............................................................................. $17,895.20 006149E PR FED/FICA ....................................................................... $16,957.79 006150E PR MN Deferred Comp ........................................................... $2,990.00 006151E PR STATE OF MINNESOTA .................................................. $3,972.05 006152E CITY OF MEDINA ........................................................................ $23.00 006153E FURTHER .............................................................................. $1,795.20 006154E MN CHILD SUPPORT PAYMENT ............................................. $959.70 006155E PR FED/FICA ......................................................................... $3,379.62 006156E PR STATE OF MINNESOTA ..................................................... $780.77 006157E CULLIGAN-METRO ..................................................................... $34.40 006158E CENTURYLINK.......................................................................... $255.14 006159E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 006160E FRONTIER .................................................................................. $57.58 006161E PAYMENT SERVICE NETWORK INC .................................... $1,226.73 Total Electronic Checks $51,327.18 PAYROLL DIRECT DEPOSIT – NOVEMBER 10, 2021 0511426 BILLMAN, JACKSON CARROLL ............................................... $679.07 0511427 COOK, JUSTIN W ..................................................................... $478.29 0511428 ALBERS, TODD M. .................................................................... $230.87 0511429 ALTENDORF, JENNIFER L. ...................................................... $700.99 0511430 BARNHART, ERIN A. ............................................................. $2,492.82 0511431 BAUMGARDNER, COLETTE J .................................................. $448.53 0511432 BOECKER, KEVIN D. ............................................................. $2,631.66 0511433 CAVANAUGH, JOSEPH ............................................................ $230.87 0511434 CONVERSE, KEITH A. ........................................................... $2,036.68 0511435 DEMARS, LISA ....................................................................... $1,436.12 0511436 DESLAURIES, DEAN ................................................................ $230.87 0511437 DION, DEBRA A. .................................................................... $2,009.13 0511438 ENDE, JOSEPH...................................................................... $2,194.43 0511439 FINKE, DUSTIN D. ................................................................. $2,649.78 0511440 GALLUP, JODI M. ................................................................... $1,687.99 0511441 GLEASON, JOHN M. .............................................................. $2,044.30 0511442 GREGORY, THOMAS ............................................................ $2,025.60 0511443 HALL, DAVID M. ..................................................................... $2,253.68 0511444 HANSON, JUSTIN .................................................................. $2,348.46 0511445 JACOBSON, NICOLE ................................................................ $854.25 0511446 JESSEN, JEREMIAH S. .......................................................... $3,002.89 0511447 JOHNSON, SCOTT T. ............................................................ $2,093.01 0511448 KLAERS, ANNE M. ................................................................. $1,499.13 0511449 LEUER, GREGORY J. ............................................................ $2,020.50 0511450 MARTIN, KATHLEEN M ............................................................ $327.07 0511451 MCGILL, CHRISTOPHER R. .................................................. $1,961.16 0511452 MCKINLEY, JOSHUA D .......................................................... $2,054.72 0511453 NELSON, JASON ................................................................... $2,622.69 0511454 REID, ROBIN ............................................................................. $230.87 0511455 REINKING, DEREK M ............................................................ $2,205.50 0511456 SCHARF, ANDREW ............................................................... $1,560.70 0511457 SCHERER, STEVEN T. .......................................................... $2,389.83 0511458 VINCK, JOHN J ...................................................................... $1,793.68 0511459 VOGEL, NICHOLE .................................................................. $1,051.39 Total Payroll Direct Deposit $54,477.53 PAYROLL MANUAL CHECK – NOVEMBER 10, 2021 020451 GALLUP, JODI M .................................................................... $7,834.82 Total Payroll Manual Check $7,834.82