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10.04.2022 City Council Meeting Packet
Posted 09/30/2022 Page 1 of 2 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, October 4, 2022 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the September 20, 2022, Work Session B. Minutes of the September 20, 2022, Regular City Council Meeting V. CONSENT AGENDA A. Adopt Resolution Appointing Election Judges for the 2022 General Election B. Approve Hiring of Police Officer C. Accept Donations for Medina Celebration Day 2022 D. Approve Equipment with Operator Services Agreement with Designing Nature, Inc. E. Approve Cates Easement Agreement VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATION A. Orono School District Technology Referendum VIII. OLD BUSINESS A. Hamel Legion Park – Grandstand at Paul Fortin Field – Conditional Use Permit 1. Resolution Granting CUP Approval for Construction of a Covered Grandstand at 3200 Mill Dr. IX. NEW BUSINESS A. Pioneer Highlands Preliminary Plat B. Tim and Megan Elam – 1582 Homestead Tr. – Conditional Use Permit 1. Resolution Granting CUP Amendment to Tim and Megan Elam C. Target – 300 Clydesdale Tr. – PUD Amendment 1. Ordinance Amending the Medina Clydesdale Marketplace PUD 2. Resolution Authorizing Publication of Ordinance by Title and Summary D. THC Licensing Ordinance 1. Ordinance Regulating Legalized THC Products 2. Resolution Authorizing Publication of Ordinance by Title and Summary E. Mediacom Franchise Extension 1. Ordinance Granting Mediacom Franchise Extension 2. Resolution Authorizing Publication of Ordinance by Title and Summary X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS Meeting Rules of Conduct to Address the City Council: • Fill out & turn in comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes Posted 09/30/2022 Page 2 of 2 Posted 09/30/2022 Page 2 of 2 XIII. CLOSED SESSION: Attorney-Client Privileged Discussion on Litigation Related to Zoning Violation at 2402 State Highway 55 Pursuant to Minn. Stat. 13D.05, Subd. 3(b). XIV. CLOSED SESSION: City Administrator Annual Performance Review Pursuant to Minn. Stat. 13D.05, Subd. 3(a). XV. ADJOURN MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: September 29, 2022 DATE OF MEETING: October 4, 2022 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Adopt Resolution Appointing Election Judges for the 2022 General Election – Staff recommends approval of the resolution appointing election judges for the November 8, 2022, General Election. See attached resolution. B. Approve Hiring of Police Officer – On August 3, 2022, Council authorized staff to begin the recruitment process to fill the vacant police officer position. Staff recommends the appointment of Jordan Myhre to the position of Police Officer. See attached memo. C. Accept Donations for Medina Celebration Day 2022 – Staff recommends approval of the resolution accepting donations for Medina Celebration Day 2022. See attached memo and resolution. D. Approve Equipment with Operator Services Agreement with Designing Nature, Inc. – Designing Nature, Inc. responded to the 2022 road material bid packet and was the low bid for equipment and operator service rental. In your packet is a formal contract so Public Works Director Steve Scherer can engage their services for demolition of the current structures on the newly acquired park land on Chippewa Road. Staff recommends approval. See attached memo and agreement. E. Approve Cates Easement Agreement – Planning Director Dusty Finke was able to negotiate the attached easement agreement with the Cates Family for Medina to build a future lift station to provide sewer access to this area of the City. Staff recommends approval. See attached agreement. 2 VII. PRESENTATION A. Orono School District Technology Referendum – School Board Member Martha Van de Ven will present information to the City Council on the requested renewal of the Orono School District’s technology levy. VIII. OLD BUSINESS A. Hamel Legion Park – Grandstand at Paul Fortin Field – Conditional Use Permit - At the September 20 meeting, the City Council reviewed a proposal from the Hamel Athletic Club (HAC) and Hamel Hawks to construct a 3,264 s.f. covered grandstand and 360-seat bleachers at the Paul Fortin Memorial Field in Hamel Legion Park. Following discussion, Council directed staff to engage with interested parties to address the programming and parking concerns which have been raised related to baseball activities in Hamel Legion Park. Staff has discussed with HAC, who indicated that they would engage in coming up with solutions to address the parking concerns before next season. The Council also directed staff to draft a resolution granting conditional use permit (CUP) approval for construction, subject to conditions recommended by staff, explicitly addressing the netting which was proposed as part of the project, and subject to adding privacy fencing along the east side of the park. A resolution is attached as directed by Council along with site information on the neighboring properties. Potential Motion: Move to adopt the resolution granting conditional use permit approval for construction of a covered grandstand in Hamel Legion Park IX. NEW BUSINESS A. Pioneer Highlands Preliminary Plat – Onyx Performance Investment, LLC. has requested a rural subdivision of approximately 68 acres of property into four lots. The subject property is located southwest of Pioneer Rd, and straight south of Willow Drive North. Leawood Farm development is to the southwest. The applicant seeks to split the parcel so that they can market and sell the four parcels independently. The subject property is currently vacant and farmed. The property is zoned RR, Rural Residential. Properties to the south, west and majority of the land across Pioneer Rd are zoned RR. Two properties across Pioneer Rd to the east and north are zoned RBH, Rural Business Holding. The subject property has three delineated wetlands on-site, which total 19.86 acres. The property has 47.65 acres of upland. Staff is requesting City Council review and discussion of the proposed preliminary plat. Potential Motion: Move to direct staff to prepare a resolution granting preliminary plat approval, subject to the conditions noted in the staff report. 3 B. Tim and Megan Elam – 1582 Homestead Tr. – Conditional Use Permit – Tim and Megan Elam have requested a conditional use permit (CUP) for construction of a 160’x60’ accessory building (10,200 s.f. total w/ overhang) at 1582 Homestead Trail. The City’s zoning code includes regulations on the maximum size of accessory structures on residential properties. Properties over 5-acre in size are permitted accessory structures up to 5000 square feet with a building permit and a larger structure with approval of a CUP. A CUP for larger accessory structures requires certain standards. The subject site is located east of Homestead Trail, north of Deer Hill Road. The subject site is over 33 acres in size and contains a principal home and seven accessory buildings. Staff is requesting City Council review and discussion of the CUP request. Potential Motion: Move to adopt the resolution granting conditional use permit amendment to Tim and Megan Elam. C. Target – 300 Clydesdale Tr. – PUD Amendment – Target has requested an amendment to the standards of the Medina Clydesdale Marketplace Planned Unit Development (PUD) to allow additional signage to identify the new location for its “Drive Up” services. The PUD included specific allowances for signage throughout the development, including monument signage and wall signage for each building. The proposed “Drive Up” signage on the building is in excess of what was contemplated on the Target building and which would be allowed by the general City sign ordinance. The subject property is located north of Highway 55 and west of County Road 101. The Cherry Hill neighborhood is located north of Target and other surrounding land uses are commercial to the south, east, and west. Staff is requesting City Council review and discussion of the PUD Amendment request. Potential Motions: 1. Move to adopt the ordinance amending the Medina Clydesdale Marketplace PUD related to signage at 300 Clydesdale Trail. 2. Move to adopt the resolution authorizing publication by title and summary D. THC Licensing Ordinance – The State Legislature in 2022 passed legislation that allows certain THC products to be sold legally in the State of Minnesota. Very minimal state regulation of THC product sales were included with the new legislation, therefore many cities throughout Minnesota have started establishing their own local rules and regulations, including licensing requirements for retailers. In response to the new legislation, Chief Jason Nelson, City Clerk Caitlyn Walker, and staff have worked with City Attorney Dave Anderson to put together the attached draft ordinance. This new ordinance will establish a city licensing program that is intended to regulate retailers who intend to lawfully sell THC products in the City of Medina. The process that is proposed for licensing of THC products is based on the current processes used by staff for tobacco and alcohol sales licensing in Medina. Additionally, as part of considering this ordinance, Chief Nelson requested that the council discuss adding language to the city 4 code making it unlawful for minors (persons under 18) to use or possess THC products. Staff is requesting City Council review and discussion of the proposed ordinance. Potential Motions: 1. Move to adopt ordinance amending Chapter 6 of the Medina City Code by creating a new Section 620 regarding legalized THC products 2. Move to adopt the resolution authorizing publication by title and summary Or 1. Direct staff to amend the ordinance to make it unlawful for [persons under 21] or [persons under 18] to use or possess THC products in the city and bring it back for future adoption E. Mediacom Franchise Extension – Attached is an ordinance extending the Mediacom franchise, along with a corresponding resolution authorizing summary publication. Staff has worked with our attorneys at Kennedy & Graven to put the extension into an acceptable form. Mediacom has reviewed and approved the updated ordinance. The proposed extension is non-exclusive. Staff does not have concerns with providing an extension. Notwithstanding the extension, which staff believes is in the best interests of the city and its residents, staff continues to look for additional options for cable franchises and broadband for Medina residents and businesses. Staff is requesting City Council review and discussion of the proposed ordinance. Potential Motions: 1. Move to adopt the ordinance granting Mediacom Minnesota LLC a franchise extension through January 1, 2029 2. Move to adopt the resolution authorizing publication by title and summary XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006542E-006557E for $68,630.69, and order check numbers 053449-053490 for $94,411.42 and payroll EFT 0512183-0512211 for $57,132.97. XIII. CLOSED SESSION: Attorney-Client Privileged Discussion on Litigation Related to Zoning Violation at 2402 State Highway 55 Pursuant to Minn. Stat. 13D.05, Subd. 3(b). XIV. CLOSED SESSION: City Administrator Annual Performance Review Pursuant to Minn. Stat. 13D.05, Subd. 3(a). 5 INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Work Session Minutes September 20, 2022 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF SEPTEMBER 20, 2022 The City Council of Medina, Minnesota met in work session on September 20, 2022, at 6:30 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Albers, Cavanaugh, DesLauriers, Martin Members absent: Reid Also present: City Administrator Scott Johnson, City Clerk/Assistant to the City Administrator Caitlyn Walker, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Jason Nelson, Planning Director Dusty Finke II. Tour of Wolsfeld Cabin City Council members and staff toured the Wolsfeld Cabin that is located on City Hall property. III. Medina Brush and Compost Site Update Public Works Director Steve Scherer provided an update to the City Council on the increasing costs to chip and dispose of the brush pile and compost. The price of brush grinding and removal costs have increased from $15,068 in 2019 to $27,494 in 2022. He noted that the City splits the cost with the City of Loretto. Scherer and Planning Director Dusty Finke also explained that many local contractors utilize the brush pile daily. Scherer explained that with Ash Borer and Dutch Elm Disease, he thinks disposing of brush debris is going to become a regional problem. Scherer requested support from the Council to encourage residents on rural lots to obtain burn permits to burn trees and brush to help reduce the amount of brush brought to the City’s site. The Council was supportive of this idea and directed staff to consider ways to ensure the brush pile is only being used by Medina and Loretto residents. IV. Adjourn Albers made a motion to adjourn the meeting at 6:59 p.m. on September 20, 2022. DesLauriers seconded the motion. The motion passed unanimously. _________________________ Kathleen Martin, Mayor Attest: ____________________________ Caitlyn Walker, City Clerk Medina City Council Meeting Minutes September 20, 2022 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 20, 2022 3 4 The City Council of Medina, Minnesota met in regular session on September 20, 2022 at 5 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 10 11 Members absent: None. 12 13 Also present: City Administrator Scott Johnson, Attorney Dave Anderson, Finance 14 Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, 15 Public Works Director Steve Scherer, and Chief of Police Jason Nelson. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 20 The agenda was approved as presented. 21 22 IV. APPROVAL OF MINUTES (7:01 p.m.) 23 24 A. Approval of the September 6, 2022 Work Session City Council Meeting 25 Minutes 26 Moved by Albers, seconded by Cavanaugh, to approve the September 6, 2022 work 27 session City Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the September 6, 2022 Regular City Council Meeting Minutes 30 Moved by Albers, seconded by Reid, to approve the September 6, 2022 regular City 31 Council meeting minutes as presented. Motion passed unanimously. 32 33 V. CONSENT AGENDA (7:02 p.m.) 34 35 A. Approve Brush Grinding Agreement with YTS Clearing 36 Moved by Cavanaugh, seconded by Albers, to approve the consent agenda. Motion 37 passed unanimously. 38 39 VI. COMMENTS (7:03 p.m.) 40 41 A. Comments from Citizens on Items not on the Agenda 42 There were none. 43 44 B. Park Commission 45 Scherer reported that the Commission has not met since the last Council update. He 46 provided an update on the Celebration Day event that occurred. He stated that they are 47 also working to mark the easements for the Deerhill Preserve trail. 48 49 Martin congratulated everyone that contributed and volunteered for Celebration Day as it 50 was a great event. 51 Medina City Council Meeting Minutes September 20, 2022 2 1 C. Planning Commission 2 Planning Commissioner Jacob reported that the Planning Commission met the previous 3 week to consider a rural subdivision request, which the Commission recommended for 4 approval. He stated that the Commission also recommended approval of a request for a 5 CUP for an accessory building to be used for storage and a PUD amendment to allow 6 additional signage for Target to direct customers to the drive-up area. He noted that the 7 Commission had a lengthy discussion on the request from the Hamel Hawks for a 8 grandstand at the park. He noted that many residents voiced concern with traffic and 9 safety from additional park visitors and ultimately the Commission recommended denial 10 of the request. 11 12 DesLauriers agreed that was a good summary of the meeting. He clarified that the 13 grandstand request was submitted by both the Hamel Athletic Club and the Hamel 14 Hawks. 15 16 VII. NEW BUSINESS 17 18 A. Hamel Legion Park – Grandstand at Paul Fortin Field Concept Review (7:09 19 p.m.) 20 Johnson stated that the request is for a concept review of a covered grandstand at Paul 21 Fortin Field at Hamel Legion Park. He noted that the Council added this project to the 22 CIP for 2023 with no funding from the City as the Hamel Athletic Club (HAC) and Hamel 23 Hawks originally stated that they would be fully funding the project. He stated that the 24 estimated cost for the grandstand improvement is $570,141 and the group has now 25 requested partnership from the City on the project cost. 26 27 Finke stated that there are a number of related and separate actions suggested for 28 consideration this evening. He stated that Hamel Legion Park is a City park, and the 29 proposal would be to construct the grandstand which would be donated as an amenity to 30 the park. He stated that the first question would be whether to allow the grandstand 31 while the second would be related to the funding request. He stated that the letter from 32 HAC requests a partnership from the City of 20 percent which would equate to 33 $120,767. He reviewed the proposed location for the grandstand within the park at Paul 34 Fortin field. He noted that both the Park Commission and Planning Commission 35 reviewed the request with the Park Commission recommending against financial 36 contribution. He stated that the Park Commission recommended further review about 37 the potential impacts of the grandstand and whether that is a desired amenity for the 38 park. He acknowledged that the grandstand would add value to the baseball uses within 39 the park but benefit to the other uses in the park would be limited in terms of added 40 value. He stated that staff does not believe that the grandstand would significantly 41 intensify the traffic and baseball use of the park. He stated that staff does recommend 42 additional discussion related to traffic and how peak use of the baseball fields could be 43 mitigated, whether or not the grandstand is approved, in order to mitigate the impact of 44 the park on adjacent residents. He stated that this improvement was not contemplated 45 for park dedication or within the CIP in terms of financing. He stated that it was also 46 requested that the City waive review fees and complete some of the preparation site 47 work. He stated that because of the limited capacity of staff in daily operations and other 48 City projects, public works would not like to see that additional requirement placed upon 49 that department. He stated that ultimately a CUP would be required to allow the 50 Medina City Council Meeting Minutes September 20, 2022 3 grandstand and additional conditions could be placed upon the approval as noted in the 1 staff report. 2 3 Martin asked that the discussion begin with the grandstand use. 4 5 Cavanaugh commented that he does not have any questions as he was able to see the 6 Park Commission presentation and believed this to be a well thought out use. 7 8 Martin referenced an email comment from a resident that mentioned possible use of the 9 grandstand for music events and how that could be disruptive to the neighboring 10 residents. She explained that this would be a City park and amenity and therefore would 11 only be available for that use if it was contracted through the City. 12 13 Finke confirmed that music in the park would require a permit for exclusive use of the 14 park for an event, which would also require City review and involvement. 15 16 Martin asked if the field with the grandstand would be exclusively used by the Hawks or 17 whether HAC would also use that field. 18 19 Scherer stated that there is a HAC youth 14-16 group that uses that field but other 20 children do not use that field because of the related size requirements for different age 21 groups. 22 23 Martin asked if a high school desired to use the field, would they require a permit. 24 25 Scherer confirmed that an agreement would be required, and the City would ensure 26 there would not be a conflict between the already permitted uses of the field. 27 28 Martin asked if the contracts with HAC and the Hawks are annual, which means that 29 there can be continual reviews to ensure concerns with parking are addressed. 30 31 Scherer confirmed that typically occurs in the beginning of the year. 32 33 Albers asked the maximum amount of traffic that is generated during the baseball 34 season when six to eight fields are being used. He believed that should be studied 35 further. 36 37 Martin asked how parking for baseball would compare to the parking and traffic from 38 Celebration Day. 39 40 DesLauriers stated that the difference for the event is that the parking is spread out and 41 near the parking. 42 43 Johnson stated that they average about 1,000 people for Celebration Day, but that is 44 more spread out than baseball. 45 46 DesLauriers stated that there are 650 kids in the program and those kids are spread out 47 on different nights of the week. He stated that perhaps with visitors watching those kids 48 play there would be 500 people on a given night. He believed that the issue was related 49 more to the fields near Brockton and then people park on the streets. 50 51 Medina City Council Meeting Minutes September 20, 2022 4 Martin asked for input on the funding request and whether the Council feels that the City 1 should participate in the funding should the grandstand move forward. 2 3 Cavanaugh stated that when the original proposal came forward it was supposed to be 4 fully funded by HAC and the Hawks and therefore, he would not support a contribution of 5 funds. 6 7 Albers noted that there are really three funding requests between the contribution to the 8 cost, waiver of fees, and site work. 9 10 Scherer stated that public works is fully booked with the upcoming City projects and 11 cannot do any more work for the next few years. 12 13 DesLauriers stated that he agrees with Cavanaugh that nothing was requested in the 14 original request. He believes that HAC and the Hawks could fund the project. He did 15 not support use of public works staff but noted that he would support waiving the review 16 and permitting process fees. He noted that this would be an amenity in the park that 17 would eventually be owned by the City. 18 19 Reid stated that because the groups originally proposed to fund the project themselves, 20 she does not believe the City should be asked to make a monetary contribution. She 21 stated that she would agree to waiving fees if that could be done but would not support 22 contribution of public works time towards construction. 23 24 Martin confirmed the consensus of the Council to not contribute towards the project cost, 25 to not use public works for any of the construction process, but to potentially waive 26 review and permitting fees up to $10,000. 27 28 Finke believed that the review and permitting costs would fall under $10,000. 29 30 Martin stated that the factual question would be whether the grandstand would 31 negatively impact adjacent properties or impact traffic and parking issues. She stated 32 that if they were to proceed, they would need to have additional discussion related to 33 monitoring and ensuring that the parking lots are utilized rather than adjacent roads. 34 She noted that parking spaces were created along the west side of Brockton to support 35 additional parking. She stated that they could work with the users of the park to keep 36 parking within the parking lot and other allowed areas. 37 38 Cavanaugh asked if there was an email that stated that the use of the park would not be 39 increased because of the grandstand. 40 41 Finke confirmed that there was an email from HAC and the Hawks stating that the use of 42 the park would not change because of the grandstand. He confirmed that staff agrees 43 that it would be reasonable to conclude that one of the eight fields would not 44 substantially increase in attendance because of the grandstand. He noted that the 45 grandstand use would be maximized when there is less use of the other fields. 46 47 Albers asked if the applicant had shared how the number of seats had been calculated 48 for the grandstand and how that would compare to a typical Tuesday night game. 49 50 Medina City Council Meeting Minutes September 20, 2022 5 DesLauriers commented that in passing the ball field, he rarely sees more than 50 1 people watching a game and there is plenty of parking in the parking lot available. 2 3 Martin invited members of the public to speak. 4 5 Brad Sanke, 4665 Brockton Lane, commented that his backyard faces the grandstand 6 which is proposed to be built 100 feet from his property line. He stated that he and his 7 family enjoy the park and his children played baseball and participated in tournaments. 8 He stated that although he enjoys the park, he does not enjoy the trash that is left in the 9 park and on his property. He stated that there are currently 179 parking stalls at the 10 park, plus the handicap spaces. He provided calculations on the number of children and 11 adults in attendance at a recent game, along with the number of vehicles in the parking 12 lot. He did not believe that community center parking should be counted as there are 13 signs stating that parking is only for community center use. He noted that the bank has 14 an additional 40 spaces, which is still not enough. He asked where other users of the 15 park would find spaces to park when baseball is going on and if additional handicap 16 spaces would be necessary to support the grandstand. He noted previous mention by 17 the Council of a five-year plan from HAC and provided a document he was able to find 18 on the HAC website. He noted that the website also includes musical use of the 19 grandstand. He read information on the website that provides additional information on 20 the proposed increase in use from the grandstand, which estimates an increase in park 21 users by 15,000 and over 100 additional people per game. He provided additional 22 details on the plans of HAC for increased use of the park and also provided examples of 23 illegal parking by park users. He stated that if the project is approved, he would like the 24 City to pay for a new fence and landscaping to better screen his yard. He asked that the 25 City vote against the proposal for the grandstand. 26 27 Jim Tiller, 145 Hamel Road, commented that Paul Fortin field is 96 years old and has 28 been an important part of Hamel and Medina. He stated that the field was donated to 29 the City by the Hamel American Legion which formed the nucleus of what is now Hamel 30 Legion Park. He stated that there are a lot of things that happen in Hamel over the 31 years which cause traffic and parking and provided different examples, noting that those 32 bring in visitors, but it also seems to work. He referenced the high numbers of visitors 33 proposed to be generated mentioned by the previous speaker and stated that those 34 seem to be very optimistic numbers. He stated that there may be times when a large 35 crowd would be generated, but that would not be the typical level. He believed that 36 Hamel Legion Park is an asset to the community and the Council should support the 37 improvement. 38 39 Chris Sele, 4685 Brockton Lane, commented that he will be most impacted by this 40 project as he has the most yardage by the field. He stated that he is concerned with the 41 lack of data that has been involved in this decision and was also concerned with the 42 information presented by his neighbor about the HAC projections for use. He stated that 43 after consultation with his real estate and land use attorneys has determined that this 44 would be detrimental to the value of his home and property. He provided background 45 information on his family and the challenges that they face with medical issues. He 46 stated that he is a supporter of the park and the Hamel Hawks and wants the park to 47 continue to be a gem of Medina. He asked that the Council not allow the grandstand to 48 be built. He noted that since he purchased his home in 2020, his home was already 49 devalued by $15,000 in 2021 because of the parking and other concerns of the park. He 50 stated that if there is no anticipated increase in use of the grandstand, why would the 51 Medina City Council Meeting Minutes September 20, 2022 6 association want to spend the money to build it. He stated that his children’s playset is 1 ten feet from the property line, and he is concerned with liability from children at the park 2 coming to play on his property. He stated that short of purchasing his home and the 3 other five neighbors to create additional parking, he does not see how this could move 4 forward. He stated that he is a cancer patient and has seizures and often has medical 5 emergencies that require emergency vehicles, which is a challenge when people are 6 parking on both sides of his street. He believed that this process is misinformed and 7 under evaluated. He stated that if this moves forward, he expects help from the City to 8 address his concerns with the devaluation of his property, safety of his property and 9 issues with parking. He asked that the City build a fence on his property to keep people 10 off his private property. 11 12 Chad Hendrickson, 4515 Alvarado, Plymouth, agreed with the two previous statements 13 noting that his concerns are related to the park management and the use of the quad 14 fields. He provided examples of parking that occurs in his neighborhood which is often 15 used for overflow parking. He stated that they have communicated with the Plymouth 16 Police Chief that has provided input on the abundance of traffic that is brought into his 17 neighborhood. He stated that prior to granting any approval, the management of the 18 park and activities within should be addressed. He noted that even though there is not a 19 large increase in traffic and activity anticipated, there is very little room for any additional 20 use. 21 22 Tom Fox, 3418 Elm Creek Drive, stated that himself and his family started attending the 23 Hamel Hawks games about two years ago. He stated that this has been a wonderful 24 discovery and they enjoy going to the games. He believed that the Hamel Hawks are a 25 great asset to the community. He stated that many of the residents in the nearby senior 26 building enjoy attending the games. He believed that the grandstand would increase the 27 enjoyability of those attending the games and would provide a safer viewing platform. 28 He noted that attendance at the game can increase with or without the grandstand. He 29 stated that the other teams have fields that have figured out how to have this type of 30 asset to allow viewers to enjoy the games in a more comfortable and safer environment. 31 32 Martin stated that there are bleachers at the field and asked if those are used. 33 34 Fox stated that those bleachers are used but do not provide shade or protection from 35 foul balls. 36 37 Martin stated that this structure is proposed to be 30 feet high on the game side and 38 slightly less on the backside and asked how that compares to the seating at other fields. 39 40 Fox replied that the Watertown structure would be similar while the Delano structure is 41 bigger than what is proposed. 42 43 Martin commented that some of the neighbors have spoken about the impact and asked 44 if the structures on other fields are similar in proximity and whether there is fencing or 45 landscaping for screening. 46 47 Fox commented that Delano is not near neighborhoods, but Watertown and Cold Spring 48 have fields in the neighborhoods and those communities recognize this as a value to 49 their community. He stated that perhaps there is chain link fencing behind the 50 grandstand. He stated that the park will be used and is being used. He did not believe 51 Medina City Council Meeting Minutes September 20, 2022 7 that a few extra people watching a Hawks game would compare to the usage when HAC 1 is using the fields on regular baseball game nights. He stated that when people live next 2 to a park, they should anticipate use of the park. He stated that many communities have 3 this type of amenity and is not sure why Hamel could not also have this amenity. 4 5 DesLauriers asked the average number of spectators at a Hawks game. 6 7 Fox replied that attendance has increased over the past three years with COVID and 8 people looking for things to do outside. He estimated 50 to 75, with perhaps 100 on 9 busier nights. 10 11 DesLauriers asked for input on the parking available at those games. 12 13 Fox replied that parking near the field is problematic as if you are parked too close, a 14 baseball could go through your window, therefore people tend not to park there. He 15 stated that people park at the bank, the Hamel Community Building, or in the dirt lot. 16 17 Rohini Khanna, 4525 Alvarado, Plymouth, stated that they chose to move here because 18 of the park, and they love being so close. She stated that they walk their dogs six times 19 a day and love seeing the families in the area. She stated that they could not be more 20 thrilled that the problem is that families want to be outside and use the park. She did not 21 believe the issue is parking, but that it is programing. She asked for the guidance of the 22 Council in managing the programing and time between the baseball games. She did not 23 believe the issue was the number of people, but management of the field use. She 24 reiterated the issues of safety, policing, and use of no parking zone signs in 25 neighborhoods. She stated that she has provided innovative ideas to HAC to address 26 the parking issues such as reduced fees for carpooling. She stated that there is property 27 damage from vehicles parking on lawns and safety concerns as vehicles are blocking 28 hydrants. She recognized that this may not be the right venue but appreciated any 29 cooperation that could be gained to find solutions. 30 31 Barb Northway, 4615 Alvarado, Plymouth, stated that at the Planning Commission 32 meeting she made the statement that she felt the park is over programed at times. She 33 provided an example of this noting that there are six diamond fields at the park that are 34 used on a given night for practices and games and in addition there are four more 35 games occurring in the outfields of the quad complex. She stated that those additional 36 quad outfield games cause the issue because of the number of visitors that are watching 37 those young children. She was concerned how this would relate to the grandstand and 38 the additional programming that could happen. She stated that it is within the jurisdiction 39 of the City to control the activities in the park and asked the City to exercise that control 40 in its contracts. 41 42 DesLauriers stated that there is a contract with HAC and the Council should review that 43 before it is time for renewal. 44 45 Pat Truax, President of HAC, stated that he has been a part of HAC for four years. He 46 stated that he enjoys seeing the joy, positivity, confidence building, and relationships 47 formed through this program. He stated that they are a volunteer organization and 48 proud of the work they do and the program they run. He stated that following COVID, 49 people enjoy getting out and watching their kids play. He stated that they are not 50 proposing to add a new field and would instead add a tremendous asset to the park. He 51 Medina City Council Meeting Minutes September 20, 2022 8 stated that the grandstand project would not impact the parking challenges that exist, 1 noting that they are mutually exclusive. He stated that they are not hiding the fact that 2 there are parking challenges as there is a tremendous following and participation in their 3 program. He stated that they have taken a number of steps to address those issues. 4 He stated that they lost one of their main fields this year, which was a huge challenge 5 and they attempted to space out games and practices and even hired the Medina Police 6 Department to assist during their busiest times. He stated that they have worked with 7 the bank to share that lot, as well as the additional lot at the end of Mill Street. He stated 8 that if families would utilize the parking that exists, they would not have these issues. He 9 agreed that it is tough when people park in the Brockton neighborhood, but they do not 10 have control over that issue. He stated that youth sports have these types of 11 challenges, and it is not exclusive to Medina or Hamel. He noted that they send out 12 multiple emails educating families and parents and asking them to utilize the available 13 and overflow parking. He stated that they are committed to working with the Council and 14 community to continue to address this issue. He stated that they cannot control how 15 Plymouth enforces their parking, noting that they could sign their street to not park 16 during certain hours. He noted that this grandstand would not be an issue for the 17 parking as there is ample parking behind Fortin field. He stated that it is special to the 18 community to be able to offer a park where kids of all ages can play. 19 20 Martin asked how many of Truax’s children reside in Medina. 21 22 Truax replied that his family lives in Maple Grove. He stated that for the program he 23 does not have the numbers on the percentage of children in the program that reside in 24 Medina. 25 26 DesLauriers stated that the grandstand would have seating for 360 and asked why that 27 number was chosen. 28 29 Truax replied that the grandstand cannot be custom designed, and this is the model that 30 would fit for the park. He commented that just because there is additional seating does 31 not mean it would be seated to capacity. He noted that there may be tournament games 32 or events like the Fox9 night where there are more people. He stated that the biggest 33 benefit to this grandstand would be the increased enjoyment that this would provide for 34 the people that come to watch the games already. He stated that the sightlines in the 35 bleachers is not great and that is why people choose to bring chairs. 36 37 DesLauriers stated that there are seven rows with about 50 people per row. He stated 38 that perhaps if there were five rows that would reduce height and seating but understood 39 that this is a design model that comes in this size. He asked if this project is fully 40 funded. 41 42 Truax replied that there is a great partnership with Hamel’s State Bank of Hamel, which 43 has provided great terms for a loan for the project in addition to the contributions that 44 have been received for this project. He confirmed that they could fund the project with or 45 without funding from the City. 46 47 Cavanaugh mentioned a comment from a resident about people coming through his yard 48 or balls going into his yard and asked if the insurance of HAC would cover any issues of 49 that type. 50 51 Medina City Council Meeting Minutes September 20, 2022 9 Truax confirmed that the operations of the league, such as damage from a foul ball, 1 would be covered by the insurance of HAC or the Hawks. He confirmed that if a child is 2 chasing a foul ball into a yard and trips and falls, that would also be covered by the 3 insurance. 4 5 Martin asked if the cost of building a fence and landscaping behind the grandstand has 6 been investigated. 7 8 Truax stated that they have not investigated that, noting an estimate from a resident 9 stated earlier tonight of $15,000. 10 11 Martin stated that Sanke provided the Council with a printout that he stated was on the 12 HAC website that estimated 200 to 300 new attendees per night as a result of the 13 grandstand and asked how that would relate to parking. 14 15 Truax stated that would not be from just the Hawks games. He explained that those 16 games would occur once per night, as they are nine innings and therefore cannot be 17 programmed in the same way as youth games, and there is sufficient parking available 18 at Fortin field and with the overflow options previously mentioned. 19 20 Martin asked for clarification as she did not see the link to 200 to 300 new attendees. 21 22 DesLauriers believed that it was meant to allot a certain number per night and the total 23 would add up over a week of time. 24 25 Martin stated that the statement was 200 to 300 attendees per night with a goal of 26 15,000 visitors to the stadium each year. 27 28 Truax commented that those are optimistic numbers. He stated that rather than just 29 having one Hawks game on a weekend day or night, they would have one traveling team 30 game on a night. He acknowledged that 200 people for a traveling game would be very 31 optimistic and confirmed that those would not be doubled up with Hawks events and that 32 field would only be used once per night. 33 34 Martin referenced the statements used on the website related to the Waconia increase in 35 visitors by 288 persons per night. 36 37 Truax commented that the Hamel Hawks could potentially draw those numbers but that 38 is very optimistic, and he did not believe that would happen immediately. He noted that 39 the majority of the Hawks games are on weekends and therefore that would not impact 40 the Legion field side of the park. 41 42 Martin asked if the document was authored by the Hawks or HAC. 43 44 Truax commented that the information was composed by HAC in an attempt to raise 45 interest in the project, along with potential sponsorships. 46 47 DesLauriers commented that as a former player, he knows that the balls go into the 48 yards and asked if HAC could consider placing additional fencing. He noted that 49 backstops could also be enhanced to prevent balls from going in that direction. 50 51 Medina City Council Meeting Minutes September 20, 2022 10 Truax commented that there would be netting as a part of the grandstand project that 1 would catch more baseballs than the existing setup. He stated that the current backstop 2 is way behind home plate and therefore is not close enough to catch those foul balls. He 3 stated that he would not attempt to say that foul balls could still not reach yards at times. 4 5 Martin commented that the City does appreciate the things that HAC does for all the 6 communities in this area. She stated that they also want to make sure that the public 7 amenity is preserved and organized in a manner that works for a greater portion of the 8 community than not. 9 10 Noah Rowan, HAC, stated that they appreciate partnering with the City and the 11 opportunity that provides for children. He noted that three of his children play in the 12 program with a fourth starting next year. He commented that the lighting at the fields 13 was another opportunity of a partnership that enhances the community and allows 14 programing to be further spread out. He stated that Hunter field was not online this year 15 for use, which impacted the use of the fields. He noted that they also rented fields in 16 Corcoran to expand programing. He noted that the netting that would be added through 17 this project would provide additional protection for viewers that is not provided by the 18 current backstop. He noted that balls from Fortin also go into the little league fields and 19 this project would reduce the occurrence of that happening. He confirmed that they 20 would be willing to work with the neighbors to address their concerns as the desire is to 21 provide a project that enhances the park and community. 22 23 Martin expressed thanks for organizations like HAC that provide necessary programing 24 for the youth that is not able to be provided by a city the size of Medina. She referenced 25 the comments from residents suggesting that programming be better spread across 26 days and times. She asked if the association has thought outside the box to alleviate 27 these issues. 28 29 Rowan commented that they do not deny that there is a demand for what they are 30 offering and that is why they have partnered with public safety and have spoken to the 31 City of Plymouth as well. He stated that they are open to additional items, noting again 32 that they have rented fields in Corcoran even though that is not a preferred location. He 33 stated that they also added lights to the little league field which allowed them to further 34 spread out the game times. 35 36 Cavanaugh asked the normal spacing between game times. 37 38 Rowan estimated 15 to 30 minutes between games for younger players and about 45 39 minutes between games for the lighted fields. He noted that although they can play later 40 with the lights, they also have the majority of the spring season during the school year, 41 so it is difficult to schedule games for younger children later in the night when they are 42 still going to school. 43 44 Martin stated that she has not had children in the program and asked if the typical 45 season is April to June. 46 47 Rowan confirmed that is the regular little league season and they added additional 48 opportunities for kids to play in a summer/fall season that has less demand. 49 50 DesLauriers asked when early registration begins. 51 Medina City Council Meeting Minutes September 20, 2022 11 1 Rowan replied that registration occurs in January/February. 2 3 DesLauriers suggested that the contract be reviewed in November or December to 4 ensure that any changes could be implemented. 5 6 Rowan confirmed that they are open to cooperating to find a solution for these issues. 7 8 Martin reiterated the position of the Council that if this moves forward, the City would not 9 provide any funding towards the project with the caveat that the City could place a 10 maximum amount on review fees of $10,000. She stated that regardless of whether the 11 grandstand moves forward or not, the Council would still direct staff to engage in a 12 discussion with interested parties to address the traffic and parking issues surrounding 13 baseball use in and around the park and confirmed the consensus of the Council. She 14 asked if the Council wished to approve the construction of the grandstand, noting that 15 the CUP could have additional conditions. 16 17 Albers reviewed the fencing that appear to currently exist at the park via the images 18 available on Google Earth. 19 20 Scherer provided details on trees that were planted in the park as part of the Lennar 21 project. 22 23 Albers stated that perhaps one of the conditions is to add fencing to alleviate the 24 concerns of trespassing from the adjacent property owners. He stated that perhaps 25 more of a privacy fence versus a chain link fence. He stated that if the CUP were to be 26 granted, he believed that concern would need to be addressed. 27 28 Cavanaugh agreed that a higher privacy fence would be critical, as there are currently 29 people going through yards to get to the ballfields. He believed that a solid fence along 30 the property line would be necessary. He also believed that HAC should have a policy 31 that a ball over the fence is a lost ball to prevent people from going into yards. 32 33 Reid agreed that a privacy fence would be a good idea. 34 35 DesLauriers agreed that it would be a good idea and provided a suggested length of the 36 fence. He noted that he would not want to go overboard on a fencing requirement as 37 that could add a lot of cost to the project. 38 39 Cavanaugh noted that wherever the fence is stopped is where the people will cross over. 40 41 Albers commented that if this were to move forward, he would want to see the fencing 42 added to the CUP as that would help to alleviate the concerns from the adjacent 43 neighbors and he then could feel supportive of the grandstand moving forward. He 44 agreed that the issue with parking still needs to be resolved and could be a part of the 45 review of the contract for next year. He noted that perhaps programing is better spaced 46 out and the number of games at one time is limited. He apologized noting that he must 47 leave and excuse himself from the remainder of the meeting. 48 49 Albers left the meeting. 50 51 Medina City Council Meeting Minutes September 20, 2022 12 Cavanaugh commented that one resident stated that the lights from the fields shine in 1 his windows and ask if those come from the outfield. 2 3 Sanke confirmed that the light does shine into the windows of those homes along the 4 border. 5 6 Martin referenced the comment that people that live near a park should expect to have 7 activity and noise from the park. She asked when Sanke and his family moved into the 8 neighborhood. 9 10 Sanke replied that he will have owned his home for two years in December. 11 12 Martin noted that the residents did purchase homes with the knowledge that there was 13 baseball activity at the park. 14 15 Sanke stated that he was aware of the activity but did not know it was to that extent. He 16 stated that his concern is the excess that comes from the excess quantity of people, 17 trash, and traffic. 18 19 Martin asked the resident what he believes the appropriate height for a privacy fence 20 would be. 21 22 Sanke replied eight to ten feet. He stated that if it is a vinyl fence and balls are hitting it, 23 he would question if the fence would be damaged. 24 25 Cavanaugh noted that many of his comments have been addressed related to the 26 backstop, insurance, programing, and other discussions tonight. He noted that whether 27 the grandstand is added or not, traffic will remain at a similar level. He agreed that the 28 privacy fence is a critical element. 29 30 DesLauriers agreed with the comments of Cavanaugh. 31 32 Reid agreed that the privacy fence could solve a lot of problems. She asked who would 33 pay for the fence. 34 35 Martin assumed that the fence would be part of the construction project and would be 36 paid for by HAC. She recapped the thoughts thus far that there should be continued 37 discussion related to traffic and parking from the baseball use. She stated that the 38 Council would also want to ensure that future contracting includes and incorporates 39 problem solving measures. She stated that perhaps the Council should also review the 40 current HAC contract and discuss what could realistically be done with HAC. She 41 recognized the benefit that HAC provides to the community, its youth, and the families of 42 the community. She stated that it also appears that the Council would approve the 43 construction of the grandstand, but that project would need to incorporate the netting 44 and backstop as discussed tonight even though they were not shown in the drawings. 45 She stated that the fence would also be required, recognizing that HAC may need to 46 bring that back to its membership and discuss funding. She stated that a ceiling of 47 $10,000 would also be placed on the review and permitting fees. 48 49 Moved by Martin, seconded by DesLauriers, to direct staff to engage with interested 50 parties (HAC, Hamel Hawks, neighbors) to address the parking and traffic issues 51 Medina City Council Meeting Minutes September 20, 2022 13 surrounding baseball use within Hamel Legion Park with an eye to identifying problem 1 solving measures that could be incorporated in future contracts or permits for use of the 2 park. Motion passed unanimously. 3 4 Martin provided some suggestion of adding conditions. 5 6 Scherer commented that he would encourage a height of six to ten feet as he does not 7 believe homeowners will actually want a fence as high as was earlier stated. He also 8 noted the trees on the park land and did not want to see those damaged or removed to 9 install the fence as the trees also provide screening. 10 11 Martin noted that perhaps the property owners provide an easement for the fence. She 12 noted that perhaps staff, HAC and the property owners work together to develop the 13 details of the fence. 14 15 Cavanaugh asked the resident present if he would be open to granting an easement for 16 a fence. 17 18 Sanke noted that he is only one property owner, noting that the two properties next to 19 him are rental properties. He stated that perhaps this is delayed a meeting in order to 20 better determine where the property line is. 21 22 Johnson stated that staff can work with HAC and the property owners. 23 24 Martin stated that if the property owners with the rental properties are not interested in 25 the fence, then perhaps the fence is not needed there. 26 27 Sanke stated that he would not want a situation where people still cut through his yard. 28 29 Moved by Martin, seconded by DesLauriers to direct staff to prepare a resolution of 30 approval for the Conditional Use Permit providing that privacy fencing is incorporated to 31 satisfy the neighbors that have spoken tonight and perhaps others. Motion passed 32 unanimously. 33 34 Moved by Martin, seconded by Cavanaugh, to approve HAC/Hamel Hawks construction 35 of the grandstand at Paul Fortin Memorial Field consistent with the terms of the 36 Conditional Use Permit and incorporating the netting and backstop as discussed. 37 Motion passed unanimously. 38 39 Martin noted that the last action would be related to the permit and inspection fees. She 40 believed that the consensus was that there should not be charges of more than $10,000 41 for those fees. 42 43 DesLauriers asked for clarification as he did not believe that was the consensus related 44 to the fees. 45 46 Cavanaugh commented that Finke does not believe that the fees will total more than that 47 amount. 48 49 Martin acknowledged that the request was for the City to waive those fees. 50 51 Medina City Council Meeting Minutes September 20, 2022 14 Moved by Martin, seconded by Cavanaugh, to agree that the City will not charge more 1 than $10,000 in total for permitting and review fees for construction of the grandstand 2 and that the City will use its reserves to pay for that cost. Motion passed 3 unanimously. 4 5 Martin appreciated the neighborly dialogue tonight from all parties. 6 7 Khanna asked how the residents would be informed of the continued discussions. 8 9 Martin noted that staff has been directed to work through the details. She also 10 appreciated that the association is willing to have that discussion as well. 11 12 B. Eagle Bluff (Adam’s Pest Control) Final Plat (9:22 p.m.) 13 Johnson presented a final plat request for Eagle Bluff, noting that preliminary plat was 14 granted on April 7th. He stated that the applicant is requesting a slightly smaller building 15 without the restaurant use or accessory building. 16 17 Finke stated that the approval was actually a few years ago in 2020, although the staff 18 report displayed the wrong year. He displayed the updated site plan and architectural 19 information. He stated that generally there is final plat review, but the site plan was 20 slightly adjusted so staff recommends that the amended site plan be approved as well. 21 He noted that the conditions of preliminary plat have or will be addressed through final 22 plat. He stated that there was hope that access would be provided easterly to Willow 23 Drive, over private property if that right-of-way could be obtained. He noted that right-of-24 way was not obtained and therefore that access is not an option. He stated that the 25 bar/restaurant use is no longer included, the building is smaller, and the pond moved 26 between the building and Highway 55. He stated that various conditions were placed 27 upon the accessory building and those are proposed to carry forward even though that is 28 not proposed at this time. He noted that would allow the accessory building to be 29 constructed within an allotted timeframe in the future without coming back through the 30 review process. 31 32 Martin commented that the architecture is very nice, and she appreciates the 33 landscaping plan. She noted that the previous accessory structure requirements would 34 remain in place, should that move forward in the future. She stated that if lot two were to 35 move forward, that would still follow site plan review. 36 37 1. Resolution Granting Final Plat Approval for Eagle Bluff 38 Moved by DesLauriers, seconded by Martin, to adopt Resolution Granting Final Plat 39 Approval for Eagle Bluff. Motion passed unanimously. 40 41 2. Resolution Amending Resolution 2020-21 42 Moved by DesLauriers, seconded by Martin, to adopt Resolution Amending Resolution 43 2020-21. Motion passed unanimously. 44 45 3. Development Agreement 46 Todd Lese, Adams Pest Control, stated that the letter of credit is higher than what is 47 needed. He noted that $800,000 is estimated by the City Engineer for the Highway 55 48 improvements whereas their estimates are coming in around $300,000. He believed 49 that amount should then be $450,000 according to the City’s formula. He noted that the 50 utility estimates are also coming in similarly under the engineer's estimate. 51 Medina City Council Meeting Minutes September 20, 2022 15 1 Stremel stated that they did receive an estimate from the applicant upon which their 2 information is based. He stated that they did receive a verbal estimate a few months 3 ago for the entrance and if there are estimates less received by the applicant, he could 4 adjust those numbers accordingly. 5 6 Martin stated that the document was well drafted and agreed that the language could be 7 amended to state that the letter of credit be 150 percent of the City Engineer’s 8 conclusion as to the probable cost of those improvements. 9 10 Moved by DesLauriers, seconded by Martin, to approve the Development Agreement by 11 and between the City of Medina and Jan-Har LLP with the amendment to state that the 12 letter of credit be 150 percent of the City Engineer’s conclusion as to the probable cost 13 of the improvements. Motion passed unanimously. 14 15 C. Hamel Townhome Storm Sewer Improvement Tax District – Public Hearing 16 (9:31 p.m.) 17 Johnson stated that DesLauriers has recused himself from this discussion. 18 19 Johnson noted that on August 16th the City Council granted final plat approval for Hamel 20 Townhomes which proposes 30 townhomes at 342 Hamel Road. The practice of the 21 City is to establish a storm sewer improvement taxing district over the property as a 22 backup to the association not maintaining the storm sewer improvements. 23 24 Martin opened the public hearing. 25 26 No comments. 27 28 Martin closed the public hearing. 29 30 Moved by Martin, seconded by Reid, to direct staff to present the ordinance establishing 31 the Hamel Townhomes Storm Sewer Improvement Tax District at the October 4, 20222 32 meeting. Motion passed unanimously. 33 34 DesLauriers rejoined the meeting. 35 36 D. One vs. Multiple Members of the City Council Attending Meetings 37 Electronically Discussion (9:34 p.m.) 38 Johnson stated that Martin requested further discussion related to more than one 39 Council member attending future meetings virtually. He stated that after discussion with 40 the IT consultant, it would be possible for more than one member of the Council to 41 attend virtually. He noted that if a member were to attend virtually, the address at which 42 the virtual attendee is participating from would need to be shared publicly on the agenda. 43 44 Martin stated that the Council is blessed with members that prioritize attendance. She 45 noted that there are members that must travel for business or personal purposes and 46 while they attempt to avoid missing meetings, there are instances when virtual 47 participation may be necessary. She noted an upcoming time when she and another 48 member will have a conflict and she would prefer to allow those who cannot attend to 49 still participate versus not allowing their participation. She did ask that members attempt 50 Medina City Council Meeting Minutes September 20, 2022 16 to avoid those situations and limit the number of times they attend virtually. She 1 reiterated that members participating virtually would need to disclose their location. 2 3 Reid stated that she would not want to see more than two members participate virtually. 4 5 Cavanaugh commented that it is a new world following COVID and this would provide 6 additional options for participation. He believed that this would be reasonable while 7 members should attempt to attend in person when available. 8 9 DesLauriers agreed. He assumed that if Martin is attending remotely that she will not be 10 running the meeting and she confirmed that another member would act as Mayor. He 11 stated that he would prefer to try having one person attend remotely before jumping in to 12 two. 13 14 Cavanaugh suggested that they just give it a shot. 15 16 Martin noted that she and Albers have a conflict on November 15th that cannot be 17 avoided. She noted that staff will be doing a practice run. 18 19 Johnson confirmed that staff would be doing a practice run this week with Mike Brocco. 20 Once the test has been successfully completed, then Council Members would meet 21 virtually with Mr. Brocco and staff to set up their computer equipment. 22 23 VIII. CITY ADMINISTRATOR REPORT (9:41 p.m.) 24 Johnson stated that there has been a discussion on the fall business tours and forum but 25 that has been postponed as there were no dates that could work for all the schedules. 26 He noted that those meetings will be held in May of 2023. He thanked Nicole Jacobson, 27 Anne Klaers, Lisa DeMars, Scherer, Public Works, Nelson, Police Department, Finke, 28 and all the other staff members that made Celebration Day a great event. 29 30 Martin commented that the business forum has gotten a bit stale because it involves the 31 same players and same places. She stated that perhaps they should focus on new 32 places such as restaurants and businesses they would like to attract. 33 34 Cavanaugh stated that perhaps there is a business breakfast, inviting a few business 35 leaders in order to discuss potential issues. 36 37 Johnson confirmed that they could do that, bringing in restaurants and keeping a focus 38 on those issues. 39 40 Cavanaugh stated that there should also be a good agenda about what they would like 41 to get out of that meeting, such as potential barriers for new restaurants that may want to 42 come to Medina. 43 44 IX. MAYOR & CITY COUNCIL REPORTS (9:45 p.m.) 45 DesLauriers commented that Celebration Day was great and well attended. 46 47 Martin agreed that it was a great event. She stated that she and Johnson attended the 48 fire service planning meeting earlier this month at which there was a presentation from 49 the Excelsior Fire District. She provided a summary of that presentation and the 50 discussion that followed. She noted that there is an educational process occurring in 51 Medina City Council Meeting Minutes September 20, 2022 17 that room and people are getting more comfortable in that room about the concept of 1 consolidation, recognizing that the consolidation would occur outside the room. She 2 stated that she, Finke, and Johnson attended mediation for North Metro litigation which 3 will be reviewed in closed session on October 4th. 4 5 X. APPROVAL TO PAY THE BILLS (9:49 p.m.) 6 Moved by DesLauriers, seconded by Cavanaugh, to approve the bills, EFT 006523E-7 006541E for $67,106.99, order check numbers 053390-053448 for $383,080.50, and 8 payroll EFT 0512150-0512182 for $56,638.23. Motion passed unanimously. 9 10 XI. CLOSED SESSION: DISCUSS PENDING LELS GRIEVANCE WITH THE CITY 11 ATTORNEY PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(b) 12 Moved by Martin, seconded by Cavanaugh, to adjourn the meeting to closed session at 13 9:50 p.m. to discuss pending LELS grievance with the City Attorney pursuant to Minn. 14 Stat. 13D.05, Subd. 3(b). Motion passed unanimously. 15 16 The meeting returned to open session at 10:07 p.m. 17 18 XII. ADJOURN 19 Moved by Reid, seconded by Cavanaugh, to adjourn the meeting at 10:07 p.m. Motion 20 passed unanimously. 21 22 23 __________________________________ 24 Kathy Martin, Mayor 25 Attest: 26 27 ____________________________________ 28 Scott Johnson, City Administrator 29 Resolution No. 2022- October 4, 2022 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022- APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8, 2022, GENERAL ELECTION WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election; and WHEREAS, the individuals named on Exhibit A, and on file in the office of the City Clerk have submitted an application to be an election judge for the November 8, 2022, General Election; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that the individuals named on Exhibit A be approved as election judges for the November 8, 2022, General Election. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. BE IT FURTHER RESOLVED that those election judges who attend trainings and/or serve on Election Day be paid a wage of $13.00 per hour with no benefits. Dated: October 4, 2022. _______________________________ Kathleen Martin, Mayor ATTEST: _____________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5A Resolution No. 2022- October 4, 2022 2 Exhibit A ELECTION JUDGES FOR THE NOVEMBER 8, 2022 GENERAL ELECTION Caitlyn Walker, Election Coordinator Nichole Vogel, Assistant Election Coordinator/Head Election Judge Erin Barnhart, Election Staff Jennifer Altendorf, Election Staff Beth Nielsen, Head Election Judge Brenda Ruth John Anderson Rachel Bandy Judy Bohn Debra Connelly Angela Dahlof Deb Kasner Paul DeJute Cynthia Dyste Gary Gravier Elizabeth Koehler Todd Ladwig Carolyn Leach-Gravier Linda Moen Farhia Mohamed Pauline Nadeau Gregory Plec Tori Plec Rachelle Rossini Sharon Ressler Terry Richmond Jane Shaffer Katie Schmidt Marie Schutte Daniel Sellers Christine Stetler Ann Thies Elizabeth Weir Kim Wilson Susan Zietlow Student Election Judge Trainees: Ai Xing Sophia Bodor 1 TO: Medina Mayor and City Council FROM: Chief Jason Nelson and City Clerk Caitlyn Walker DATE: September 29, 2022 MEETING: October 4, 2022 SUBJECT: Police Officer Appointment General Background On August 3, 2022, the City Council authorized staff to begin the recruitment process to fill the vacant full-time Police Officer position. Based on the review of applicant’s, committee interviews, background/reference checks, and psychological and physical exams, we are recommending the appointment of Jordan Myhre to the position of police officer. Myhre has verbally accepted the position with a starting date of October 24, 2022, contingent on City Council approval. Appointee Background Myhre has over eight years of experience working as a Police Officer. He is currently employed with the Crystal Police Department where he has held the roles of patrol officer, background investigator, and field training officer. Myhre’s educational background includes a bachelor’s degree in Law Enforcement from Minnesota State University, Mankato. The Medina Police Department has confidence in his abilities, communication, character, and problem-solving skills in law enforcement. Myhre was given a glowing recommendation from the psychologist who indicated that she was very confident Myhre is a great fit for the Medina Police Department and that he is joining the force for all the right reasons. I feel very confident that Myhre will be a great officer for the Medina Police Department. Myhre has the core values that we look for in our officers and will fit in well with the team. Selection Process • The City Council directed staff to recruit for a full-time Police Officer position on August 3, 2022. • Advertisements for the position were published through the Crow River News, League of Minnesota Cities, POST website, and the City Website. • Applications were reviewed by Nelson and Walker as they were received. Due to the competitive labor market and Myhre’s qualifications as a lateral candidate, he was interviewed on August 25, 2022 shortly after he submitted his application. • Myhre was interviewed by Chief Nelson, Sergeant Kevin Boecker, Administrative Assistant Anne Klaers, and City Clerk Walker. Myhre was offered a background packet after the interview. MEMORANDUM Agenda Item #5B 2 • The Medina Police Department conducted an extensive background check on Mr. Myhre, which he passed. Mr. Myhre completed the physical and psychological exams, which he also passed. • Mr. Myhre’s tentative start date will be October 24, 2022, with an hourly wage (non-exempt) of $41.07/hr. (STEP 4 in Union Contract), vacation to begin accruing at 15 days per year with one personal floating holiday, other benefits to be at the same rate as other union employees, in accordance with the City Personnel Policies, and a one-year probationary period. Mr. Myhre has been notified that our recommendation is contingent upon City Council approval. Recommendation We recommend the appointment of Jordan Myhre to the position of full-time Police Officer, effective October 24, 2022, with an hourly wage (non-exempt) of $41.07/hr., vacation to begin accruing at 15 days per year, other benefits to be at the same rate as other union employees, in accordance with the City Personnel Policies, and a one- year probationary period. Resolution No. 2022-XX October 4, 2022 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-XX RESOLUTION ACCEPTING DONATIONS FOR MEDINA CELEBRATION DAY WHEREAS, The donors listed on Exhibit A (the “Donors”) have generously offered to donate money, as well as other resources, listed on Exhibit A (the “Donation”) to the City of Medina (the “City”); and WHEREAS, the Donation will be dedicated to the City’s Community Event Fund to pay for the annual Celebration Day activities; and WHEREAS, the City wishes to accept the Donation and express its gratitude to the Donors for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City accepts the Donation and thanks the Donors. Dated: October 4, 2022. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5C Resolution No. 2022-XX 2 October 4, 2022 Exhibit A Donations & Volunteers Business Name Donation Medina Entertainment Center $500.00 Maple Crest Landscape $250.00 John Day Company $100.00 Marianne Houlihan Insurance & Financial Services, Inc. $500.00 Farmers State Bank of Hamel $500.00 Garrett Larson - State Farm Insurance Agency, Inc. $100.00 Gregor Farm & Greenhouse, Inc. $250.00 KD & Company Recycling, Inc. $500.00 DMJ Asphalt, Inc. $500.00 Dojo Karate Medina $250.00 Medina Golf & Country Club $100.00 Sota Chiropractic $100.00 Art 2 Heart $100.00 PupTown $100.00 Hamel American Legion $100.00 Fortin Chiropractic Clinic $100.00 Medina Just For Kix $100.00 Medina School of Music $500.00 Caribou Coffee $100.00 Vitality Homeopathic Care $100.00 UNITS Moving & Storage of MN $100.00 School of Rock Plymouth $100.00 Rockler Companies, Inc. $100.00 Vinayak Sales - Reva $100.00 Scherer Pumpkin Patch Pumpkin & Gourd Donation Robert's Craft Kitchen Beverage Vendor Hometowne Pizza Food Vendor Peg's Café Food Vendor Scout Troops 3570 & 5570 S'mores Vendor Loretto Fire Department Barrel Train Ride Hamel Fire Department Antique Fire Truck Ride Volunteer Club - Wayzata High School Event Preparations & Activity Management Wayzata Youth Hockey Association Bingo Host 1 TO: Honorable Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: September 28, 2022 MEETING: October 4, 2022 SUBJECT: Equipment and Operator Service Rental Agreement Designing Nature, Inc. responded to the 2022 road material bid packet and was the low bid for equipment and operator service rental. In your packet is a formal contract so we can engage their services for demolition of the current structures on the newly acquired park land. Recommendation It is the recommendation of Staff to extend a contract to Designing Nature, Inc. for equipment and operator service rental. Attachments • Equipment and Operator Service Rental Agreement • Exhibit A – Designing Nature, Inc. Quoted Prices from 2022 Road Material Bids MEMORANDUM Agenda Item #5D 1 EQUIPMENT WITH OPERATOR SERVICES AGREEMENT This Agreement is made this 4th day of October 2022, by and between Designing Nature, Inc. 3312 Red Fox Drive, Medina MN 55340, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for equipment with operator rental service, and 2. The City has approved the contract for equipment with operator rental service with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform equipment with operator rental service as directed by the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from October 4, 2022 through December 30, 2022, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. Under the specific direction of the Public Works Director the City shall compensate the Contractor at a rate of $110.00 per hour for Tandem Axle Dump Truck with Operator, $150.00 per hour for D5 Cat Crawler Dozer with Operator and $150.00 per hour for 3.5 cubic yard bucket Crawler Backhoe with Operator, based off actual equipment hours. Upon completion of the work invoice(s) shall include date of service and equipment hours. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. The disposal site will be closed during grinding operations. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 2 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Caitlyn Walker, City Clerk Designing Nature, Inc. (CONTRACTOR) By ______________________________ 1 ME230-1PZ-822932.v3 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the “Agreement”) is made this ___ day of _______________, 2022 by Jeffrey S. Cates and Christine T. Cates, husband and wife, Grantors, in favor of city of Medina, a Minnesota municipal corporation, Grantee (or the “City”). Recitals A. Grantors own the real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Property”). B. Grantors also own real property located to the south of the Property, which is legally described as Lot 1, Block 1, Cates Ranch 2nd Addition, and they intend to develop said property in the near future as a commercial development containing approximately 300,000 square feet of building improvements to be used for warehouse/light industrial/office (the “Proposed Development”). C. Grantors have filed a Chapter 11 petition under Chapter 11 of the United States Bankruptcy Code, Bky File No. 21,40882 and that case is still pending. D. On July 19, 2022, the City issued conditional approval of an amendment to the City’s comprehensive plan, via Resolution No. 2022-XXX (the “City Approval”), to facilitate the Proposed Development. E. In addition to the City Approval, the Proposed Development will further require City approval of separate land use applications for rezoning, site plan, and preliminary and final plat of the respective property (the “Remaining Entitlements”). The City Approval is expressly conditioned on subsequent City review and approval of said Remaining Entitlements. F. The City Approval is also conditioned on Grantors providing to the City the land necessary to accommodate a public lift station that will be constructed, owned, operated, and maintained by the City (the “Lift Station”). G. Said Lift Station is necessary to accommodate the future development of Grantors’ property and other surrounding properties because it will establish necessary public infrastructure to allow for additional connections to the public sanitary sewer system. Agenda Item #5E 2 ME230-1PZ-822932.v3 H. The City is presently performing design work for the Lift Station and it is contemplated that construction of the Lift Station will commence prior its receipt and review of applications for the Remaining Entitlements. I. In light of the foregoing, Grantors have agreed to grant both a permanent easement and a temporary easement to the City to provide for the Lift Station’s anticipated construction and perpetual operation and maintenance, all in accordance with the terms and conditions of this Agreement. Terms of Permanent and Temporary Easements 1. Grant of Easements. For good and valuable consideration, Grantors grant and convey to Grantee a perpetual, non-exclusive easement for drainage and utility purposes over, under, and across that part of the Property described on the attached Exhibit B (the “Permanent Easement Area”), together with a temporary easement for Lift Station construction purposes over, under, and across that part of the Property described on the attached Exhibit C (the “Temporary Easement Area”). The Permanent Easement Area and the Temporary Easement Area (together, the “Easement Areas”) are depicted on Exhibit D attached hereto. 2. Scope of Easements. a. The perpetual, non-exclusive drainage and utility easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the Permanent Easement Area upon reasonable notice (except in the event of an emergency) for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing public utilities, drainage ways and stormwater facilities, including, but certainly not limited to, a public sanitary sewer lift station, in the described Permanent Easement Area. b. The temporary construction easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the Temporary Easement Area to perform work related to the construction of the aforementioned Lift Station. Such work includes, but is not necessarily limited to, grading and the moving and storage of materials and equipment throughout the construction of the Lift Station. c. The easements granted herein also include the right to cut, trim, or remove from the respective Easement Areas any trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably interfere with the easements granted herein or facilities of the Grantee, its successors and assigns located therein. 3. Compensation; Future Platting of Property. The parties agree that except under the circumstances described in the next sentence, no compensation will be provided by the City to Grantors in exchange for the easements granted herein. Notwithstanding the foregoing, and provided that all of the Remaining Entitlements are duly applied for on or before December 31, 2023 and thereafter pursued in good faith, if for any reason said Remaining Entitlements are not approved by the City on or before June 1, 2024, then the City agrees to make a cash payment of $20,000 to Grantors in exchange for the easements granted herein. 3 ME230-1PZ-822932.v3 Additionally, should the Property be platted at any time in the future, Grantors agree that the City may, in its sole discretion, require that the Permanent Easement Area be platted as its own separate outlot and deeded to the City, free and clear of any encumbrances, pursuant to that process and without the provision of any additional compensation. 4. Warranty of Title. Grantors warrant that Grantors own the Property and have the right, title, and capacity to convey the easements described herein to the City. 5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Areas or the Property before to the date of this instrument unless such hazardous substances, pollutants or contaminants existed on the Property as a result of actions or omissions by the Grantee. 6. Binding Effect; Future Applications. The terms and conditions of this instrument shall run with the Property and be binding on the Grantors and on the successors and assigns of the Grantors. Nothing contained in this Agreement requires or otherwise guarantees that the City will approve applications for the Remaining Entitlements, as that term is defined herein, and the parties each acknowledge and understand that said applications, upon completion and submission, will be duly reviewed and processed by the City in accordance with then-current state and local laws and regulations. 7. Term of Temporary Easement. The temporary construction easement granted herein shall terminate automatically following the City’s successful construction of the Lift Station and any restoration work that it deems necessary thereafter, in the City’s sole discretion. It is anticipated but not necessarily guaranteed that said work will be completed by the City on or before ______________, 20___. 8. Approval. In addition to the parties hereto, this Agreement is also subject to approval of the United States Bankruptcy Court. STATE DEED TAX DUE HEREON: NONE [signature pages to follow] 4 ME230-1PZ-822932.v3 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. GRANTORS: _____________________________ Jeffrey S. Cates _____________________________ Christine T. Cates STATE OF MINNESOTA ) ) SS. COUNTY OF ___________ ) The foregoing was acknowledged before me this ____ day of _______________, 2022, by Jeffrey S. Cates, married to Christine T. Cates. NOTARY STAMP OR SEAL ______________________________ Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2022, by Christine T. Cates, married to Jeffrey S. Cates. NOTARY STAMP OR SEAL ______________________________ Notary Public 5 ME230-1PZ-822932.v3 GRANTEE: By: ____________________________ Kathleen Martin, Mayor By: ____________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2022, by Kathleen Martin, the mayor of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. NOTARY STAMP OR SEAL ____________________________________ Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2022, by Scott T. Johnson, the city administrator of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. NOTARY STAMP OR SEAL ____________________________________ Notary Public This instrument drafted by: Kennedy & Graven, Chartered (DTA) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 A-1 ME230-1PZ-822932.v3 EXHIBIT A Legal Description of the Property Lot 3, Block 1, Cates Ranch, Hennepin County, Minnesota. (Abstract Property) B-1 ME230-1PZ-822932.v3 EXHIBIT B Legal Description of the Permanent Easement Area A permanent easement for utility purposes over, under, and across that part of the following described property: Lot 3, Block 1, Cates Ranch, Hennepin County, Minnesota. Said permanent easement described as follows: Commencing at the northwest corner of said Lot 3; thence South 01 degrees 14 minutes 42 seconds East, assumed bearing along the west line of said Lot 3, a distance of 689.94 feet to the point of beginning of the easement to be described; thence North 88 degrees 45 minutes 18 seconds East, a distance of 95.00 feet; thence South 01 degrees 14 minutes 42 seconds East, a distance of 85.00 feet; thence South 88 degrees 45 minutes 18 seconds West, a distance of 95.00 feet to said west line; thence North 01 degrees 14 minutes 42 seconds West, along said west line, a distance of 85.00 feet to the point of beginning. C-1 ME230-1PZ-822932.v3 EXHIBIT C Legal Description of the Temporary Easement Area A temporary easement for construction purposes over, under, and across that part of the following described property: Lot 3, Block 1, Cates Ranch, Hennepin County, Minnesota. Said temporary easement described as follows: Commencing at the northwest corner of said Lot 3; thence South 01 degrees 14 minutes 42 seconds East, assumed bearing along the west line of said Lot 3, a distance of 656.10 feet to the point of beginning of the easement to be described; thence North 88 degrees 45 minutes 18 seconds East, a distance of 130.00 feet; thence South 01 degrees 14 minutes 42 seconds East, a distance of 143.00 feet; thence South 88 degrees 45 minutes 18 seconds West, a distance of 130.00 feet to said west line; thence North 01 degrees 14 minutes 42 seconds West, along said west line, a distance of 143.00 feet to the point of beginning. EXCEPT that part designated for a permanent easement for utility purposes described as follows: Commencing at the northwest corner of said Lot 3; thence South 01 degrees 14 minutes 42 seconds East, assumed bearing along the west line of said Lot 3, a distance of 689.94 feet to the point of beginning of the easement to be described; thence North 88 degrees 45 minutes 18 seconds East, a distance of 95.00 feet; thence South 01 degrees 14 minutes 42 seconds East, a distance of 85.00 feet; thence South 88 degrees 45 minutes 18 seconds West, a distance of 95.00 feet to said west line; thence North 01 degrees 14 minutes 42 seconds West, along said west line, a distance of 85.00 feet to the point of beginning. D-1 ME230-1PZ-822932.v3 EXHIBIT D Depiction of the Easement Areas ME230-1PZ-822932.v3 MORTGAGEE CONSENT TO EASEMENT AGREEMENT The undersigned, holder of a mortgage on the real property described in the above Easement Agreement, dated December 27, 2017 and filed January 4, 2018 as Document No. 1361606, hereby consents to said Easement Agreement and agrees to hold and convey its interest in the real property described therein subject to said Easement Agreement. Dated: ____________________ FIRST MINNESOTA BANK: By: _____________________________ Its: _____________________________ STATE OF _____________ ) ) ss COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2022, by ___________________, the ____________________ of First Minnesota Bank, a _______________________, for and on behalf of said entity. Notary Public Prepared and paid for by Orono Public Schools; not circulated on behalf of any candidate or ballot question. Orono Public Schools 2022 Tech Levy Renewal Funding for the next 10 years to ensure Orono students are ready for the future On November 8, 2022, Orono Public Schools residents will vote whether to renew the district’s Technology Levy. Because this is a straight renewal, there would be no tax increase if approved by voters. Why now? The district is grateful for community support over the last 20 years. This technology levy was originally approved by residents in 2002, renewed in 2011 and is now up for renewal again. If not renewed by voters in November 2022, the levy will expire and the district will lose $1.2 million annually in local funding. What is the tax impact? There is no tax increase if voters approve the levy, because it is a straight renewal of an existing locally approved levy. What is the levy for? If voters approve the levy renewal, it would provide a predictable and dedicated funding stream for: Classroom learning and support Tools and teacher training to support excellence in teaching and learning and ensure Orono students are future ready Reliable access Regularly updated networks, systems and software to support classroom teaching and learning Security and technical support A secure internet environment, campus security, visitor management systems and technology support staff If voters do not approve the renewal, the levy will expire and the district would be faced with $1.2 million in annual budget cuts, impacting teachers, programs and technology districtwide. Bucket 1 - Classroom learning and support Bucket 2 - Reliable Access Bucket 3 - Security and technical support Bucket 1 - Classroom learning and support Bucket 2 - Reliable Access Bucket 3 - Security and technical support Bucket 1 - Classroom learning and support Bucket 2 - Reliable Access Bucket 3 - Security and technical support 89% of Orono School District residents believe the ability for students to use computers and other technology effectively and efficiently is absolutely essential or very important. (October 2021 community survey) Agenda Item #7A TECHNOLOGY LEVY COMPARISONS, 2021-22 A N N U A L R E V E N U E DISTRICT TOTAL TECH LEVY PER PUPIL Hopkins $11,924,180 $1,613 E den Prairie $7,599,850 $805 Bloomington $8,685,049 $785 Edina $6,490,673 $707 Wayzata $8,385,892 $585 Minnet onka $6,916,127 $568 Westonka $1,576,199 $588 Orono $1,122,409 $454 How do we compare? Finance facts ●Orono Public Schools ranks in the top two percent of all Minnesota school districts for its Aa2 long-term credit rating. ●The district has earned Certificates of Excellence in Financial Reporting for many years. ●94% of residents believe they receive a good value for their investment in our schools. “This technology levy brings in critical funding that supports how our teachers teach and how our students learn.”–—School Board Chair Bob Tunheim Learn more oronoschools.org/techlevy 952.449.8300 info@orono.k12.mn.us Points of pride According to a fall 2021 community survey of our residents: 94% rate the quality of Orono Public Schools as excellent or good 96% believe Orono Public Schools increase property values in the community In 2022, U.S. News and World Report ranks Orono High School #1 in Minnesota among traditional high schools Where do I vote? Because this is a general election, residents will vote at their regular polling location on Election Day, November 8, 2022. Early voting begins September 23. To find your polling location or learn more about voting, visit www.mnvotes.org. City of Medina – Hamel Legion Park Page 1 of 5 October 4, 2022 Conditional Use Permit City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director Steve Scherer, Public Works Director DATE: September 29, 2022 MEETING: October 4, 2022 City Council SUBJ: Hamel Legion Park – Grandstand at Paul Fortin Field Summary At the September 20 meeting, the City Council reviewed a proposal from the Hamel Athletic Club (HAC) and Hamel Hawks to construct a 3,264 s.f. covered grandstand and 360-seat bleachers at the Paul Fortin Memorial Field in Hamel Legion Park. Following discussion, Council directed staff to engage with interested parties to address the programming and parking concerns which have been raised related to baseball activities in Hamel Legion Park. Staff has discussed with HAC, who indicated that they would engage in coming up with solutions to address the parking concerns before next season. The Council also directed staff to draft a resolution granting conditional use permit (CUP) approval for construction, subject to conditions recommended by staff, explicitly addressing the netting which was proposed as part of the project, and subject to adding privacy fencing along the east side of the park. During the Council’s discussion about privacy fencing, there were questions related to existing coniferous trees along the common property line, ability to install the fencing on park property, and long-term maintenance of any fencing. Staff identified the location of the property line and reviewed the existing vegetation. A resolution is attached as directed by Council. The resolution would require installation of a privacy fence with a minimum height of 6’ along the eastern property line. Fencing Information There are four homes east of Hamel Legion Park, and the total length of the property line is 465 feet. The northern two homes are adjacent to the parking lot east of the Fortin field, while the southern two homes are adjacent to a different field. This location of the homes, fields, and existing vegetation is shown on the aerial at the top of the following page. Staff contacted a fence company and received the following rough estimates: • 6-foot privacy fence: $62/foot (cedar) to $72/foot (vinyl) - $28,830-$33,480 for 465’ • 6-foot chain-link fence: $32/foot - $14,880 for 465’ MEMORANDUM Agenda Item #8A City of Medina – Hamel Legion Park Page 2 of 5 October 4, 2022 Conditional Use Permit City Council Meeting A dense line of coniferous trees exists along most of the eastern property line. The branches of the existing arborvitae appear to cross the property line for much of the frontage, so would need to be trimmed or would rub on a fence on the property line. Public Works Director Scherer estimates that most of the arborvitae are approximately 15’ in height. Staff identified locations, especially adjacent to the northernmost home, where there are gaps between the arborvitae where existing shade trees are located. Staff believes additional screening in these locations should be provided in these locations at a minimum. Photos of the tree line and the gaps to be addressed are included at the end of this report. Council may wish to visit the park to visualize the vegetation and potential fence locations. Staff impression is that the privacy fence discussed by Council was intended for two primary purposes: 1) Reduce potential trespass from park users onto adjacent property 2) Privacy and screening of proposed grandstand City of Medina – Hamel Legion Park Page 3 of 5 October 4, 2022 Conditional Use Permit City Council Meeting Staff believes vegetative screening would provide better screening/privacy than a privacy fence, and that the existing coniferous trees could be supplemented. A chainlink fence could also be added to address the potential trespass concern just as well as a privacy fence. A chainlink fence would come with less long-term maintenance concerns than a privacy fence. Staff discussed this option with HAC and the Hawks and informed adjacent owners who had requested the privacy fence. The adjacent owners were adamant that a privacy fence should be installed as discussed by the City Council at the September 20 meeting and correspondence from these owners is attached for reference. HAC indicated that they were supportive of providing funding for chainlink fence as necessary and to supplement screening for the northernmost lot and believed this would address the concerns raised. Staff also believes it may be worth discussing whether fencing, of whatever style, is necessary for the full length of the eastern property line, or for just the two northern lots adjacent to the parking lot and Fortin field. Potential Actions If the City Council supports HAC and Hamel Hawk’s construction of the grandstand in Hamel Legion Park, the following actions could be taken: Move to adopt the resolution granting conditional use permit approval for construction of a covered grandstand in Hamel Legion Park Attachments 1. Draft resolution 2. Correspondence from adjacent owners re: fencing City of Medina – Hamel Legion Park Page 4 of 5 October 4, 2022 Conditional Use Permit City Council Meeting Existing coniferous trees: City of Medina – Hamel Legion Park Page 5 of 5 October 4, 2022 Conditional Use Permit City Council Meeting Gaps within the line of coniferous trees: Resolution 2022-## DATE ME230-786-826966.v1 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-## RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL FOR CONSTRUCTION OF A COVERED GRANDSTAND IN HAMEL LEGION PARK AT 3200 MILL DRIVE WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the City owns property known as Hamel Legion Park, located at 3200 Mill Drive, which is legally described as Lot 1, Block 1, Hamel Legion Park 2nd Addition, Hennepin County, Minnesota (the “Property”); and WHEREAS, the Property is located within the Public/Semi-Public zoning district in which “outdoor recreational and open space uses operated by a governmental agency” are a conditional use; and WHEREAS, the Hamel Athletic Club and Hamel Hawks baseball organizations propose to install a covered grandstand with 360-seat bleachers on the Property and to donate such improvement to the City; and WHEREAS, the planning commission held a public hearing on the proposal on September 13, 2022 and following such hearing recommended denial of the conditional use permit until concerns related to parking and recreational programming were addressed; and WHEREAS, the city council reviewed the application on September 20, 2022 for conformance with city ordinances, considered the recommendations of the Planning Commission and heard comments from the Hamel Athletic Club, Hamel Hawks, and other interested parties; and WHEREAS, following such review, the city council directed staff to engage with interested parties to address the parking and recreational programming concerns raised throughout these proceedings and, subject to the conditions described herein, thereafter found that construction of the covered grandstand meets relevant City requirements including the provisions of Section 825.39 of the City Code. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina, Minnesota, that it should and hereby does approve a conditional use permit for installation of the proposed grandstand upon the Property, subject to the following terms and conditions: Resolution 2022-## 2 DATE 1) Construction shall be in compliance with the plans received by the City on 8/1/2022 except as modified herein. 2) Additional detail shall be submitted at the time of building permit to verify that the grandstand structure does not exceed 30 feet in height. 3) Additional coniferous trees shall be installed to provide screening adjacent to the property line to the east of the grandstand. Alternative screening measures may be provided with the approval of City staff. 4) Fencing made of solid materials at least six feet in height shall be installed along or near the eastern Property line adjacent to the residential parcels with frontage on Brockton Lane. Fencing shall be subject to review and approval by City staff, and said approval shall be obtained prior to the issuance of a building permit for the grandstand. 5) Construction of the grandstand shall include the installation of protective netting behind Fortin Field to reduce the likelihood of baseballs entering nearby properties. 6) Plans shall meet the requirements of the City Engineer with regard to grading and drainage. 7) Any lighting for the grandstand shall be downcast and shielded. No lighting shall be installed without review and approval by City staff. Dated October 4, 2022: __________________________________ Kathleen Martin, Mayor ATTEST: _______________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 1 Dusty Finke From:Christopher Sele <christophersele@gmail.com> Sent:Wednesday, September 28, 2022 7:59 PM To:Dusty Finke Cc:Brad Sankey Subject:Re: Hamel Legion Park Grandstand application feedback Dusty, There’s no way you actually believe that the scenario being proposed is sufficient or fair to me or my family. Do you have the guts to acknowledge that or will you remain passively political? It’s not just about the privacy aspect. It’s about preventing trespassing in my yard. Tonight I had folks walking over from the VFW after a few drinks to stroll through my yard to the park. Already grounds for a lawsuit against the city. And your plan ‐ a chain link fence ‐ makes nice footholds for climbing over ‐ this DOES NOT ADDRESS THE PRIVACY, SAFETY, OR NUISANCE ISSUES! Do the right thing. HAC and Hamel Hawks have a choice: address my concerns sufficiently and budget accordingly, or get hit with lawsuit after lawsuit as baseballs, garbage, and drunk people land in my yard. Let’s stay friendly and do the right thing by your community. What if this was your house and your three young kids playing innocently in the back yard as drunk adults stammer through with no respect for your property? A chain link fence?Help us. Thanks, Chris On Sep 28, 2022, at 1:07 PM, Dusty Finke <dusty.finke@medinamn.gov> wrote: Hi Chris, You are correct that Council directed staff to incorporate the privacy fence into the approval. We intend to present the resolution with the privacy fence requirement as directed by Council. Staff does also intend to suggest the alternative of using coniferous trees for screening/privacy rather than privacy fencing. Your lot is closest to grandstand and there are wider gaps in the existing line of pine trees, so staff agrees that the screening should be supplemented there. Staff believes large trees can be spaded in and provide better and taller screening than a privacy fence would achieve. We will include information that the two closest neighbors expect the privacy fence as well. The City Council may very likely proceed with the requirement for privacy fencing as they previously discussed. The meeting is next Tuesday, October 4, beginning at 7 p.m. My best, Dusty Finke City of Medina 2 From: Christopher Sele <christophersele@gmail.com> Sent: Tuesday, September 27, 2022 1:32 PM To: Dusty Finke <dusty.finke@medinamn.gov> Subject: Re: Hamel Legion Park Grandstand application feedback Hi Dusty, Thanks for this reply and the additional info you provided. When discussing the proposed fence, it was said that the fence would be at least 6 ft, but up to 10 ft, and that it would be a PRIVACY fence, not chainlink. While I understand that plants/trees can help, the whole point of the fence is not only to stop people and garbage from being on my property, but also to BLOCK THE VIEW from the parking lot into my yard where my kids play, as well as block our view of the 30 foot grandstand. A chainlink fence will not do this. Please, please, please: WE DON'T WANT THIS GRANDSTAND, so if it goes in then the city and HAC should care enough about my property to AT LEAST fund a real privacy fence (which to me means a fence that is not permeable / see through). PLEASE!!!! With my epilepsy, cancer treatment, my son's special needs, and my other two daughters who play freely outside in the backyard: this is my family, Dusty. We bought our house never expecting that this massive structure would be plopped down next to our backyard. Please help me ensure proper privacy fencing is installed, or I will be forced to allow my attorney to move forward with filing an injunction to stop progress on this project and potentially hold HAC or Hawks accountable for the infringement upon enjoyment of my property and devaluation of my property. I'm certain nobody wants to go down the path of the court system to impart decisions upon all parties, but if I can't get HAC or the city onboard with these extremely reasonable requests then that is the forum we will move to. If we go that route, Hamel Hawks will not see a Spring 2023 grand opening. Remember ‐ we love baseball and the Hawks. We're reasonable people asking for some reasonable accommodations for this massive apparatus. Would you like the 30 foot structure in your backyard, essentially, and have no requests or concerns whatsoever to protect your family and the value of your home? I think you'd be asking for the same things ‐ anyone would. Thank you. ‐ Chris & Michelle Sele On Tue, Sep 27, 2022 at 11:48 AM Dusty Finke <dusty.finke@medinamn.gov> wrote: Hi Christopher, I received your email and have forwarded to relevant staff for discussion. The City has not identified purchasing additional land adjacent to Hamel Legion Park in the park plan or in the capital plan. This would be a longer‐term discussion if it were to be discussed. In the meantime, we intend to proceed with review of the grandstand proposal under the assumption that there is no purchase of property. We are planning to present the Conditional Use Permit to the Council at the October 4 meeting. Staff intends to recommend additional planting of arborvitae behind your house to fill in the tree‐line for 3 privacy and screening. Staff is also recommending chainlink fencing to address the potential of trespass from the park. Staff would recommend spading in larger coniferous trees to fill the gaps, but doing so would mean we would need to take down the large shade trees on the edge of the park to make room. Thank you, Dusty Finke City of Medina From: Christopher Sele <christophersele@gmail.com> Sent: Wednesday, September 21, 2022 2:28 PM To: Dusty Finke <dusty.finke@medinamn.gov> Subject: Hamel Legion Park Grandstand application feedback Hi Dusty, My name is Chris Sele and I am the homeowner at 4685 Brockton Ln., Hamel, MN. (I am the house directly behind where the grandstand will potentially go, and you've heard me speak passionately about this at the recent city meetings). I greatly appreciate the way you've orchestrated this conversation so far for all parties, and appreciate your objective viewpoint to ultimately reach the best outcome for the city, the HAC, and surrounding residents in the community. I am writing to you to highlight some of the concerns I have with the process that is underway, as well as present to you an idea to help our community make this a win‐win for everyone. First, regarding concerns: 1. Within the 'Planning Commision Report', in section 'Conditional Use Permit Standards': 1. Subd 1. states that "The conditional use will not be injurious to use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair the property values within the immediate vicinity". 1. The staff response to this "staff does not believe this will impair enjoyment or reduce value...". This response of "does not believe" is extremely concerning to me. There is no data or proper analysis done to reach this conclusion, and rather its more like "we're hoping it works out". Please understand that this can't just be a matter of being optimistic. Shouldn't the city actually look at the numbers and do the math to determine what is needed? In my job, I'd get fired if I made decisions without accurate info informing me, or just being hopeful 4 that things work out. Also, at the time the city formed the perspective that they "do not believe it will impair...", the HAC and the Hawks were still tightlipped about the 5 year plan which contains the data necessary to make an informed judgement about this (HAC clearly didn't want folks to see the big vision because it debunks all of the assumptions we were making about no impact to the surrounding community!). Now that the council has seen this 5 year plan, I have to believe that perspective is changing...? 2. Regardless of what the staff believes, property value will absolutely decrease for me (I've already assessed this with 3rd party appraisers and real estate consultants). It took me a lot of years to get myself into a position to make this investment for my family. It is our main source of planned retirement income, etc. And now that is all at risk because the implications of this project haven't been fully thought through. That isn't doing right by the residents of our community, in my opinion. When it says that this project won't harm the adjacent properties, it's simply not true and I have to believe that the council recognizes that...please do right by us. If it were your house, how would you feel about this so far? 1. Subd4 1. Regarding parking... 1. "Staff does not believe that construction of the granstand will cause additonal parking or loading needs...". 1. Really? The 5 year plan is to eventually achieve a 20k attendee event, increase attendance to ~300 per game, sell concessions (and alcohol behind my house where my 3 kids play!), get sponsors, play more games each season, have concerts....all of the talk about how its really just about the programming timing and that its not actually going to increase park patrons across the board is nonesense at this point...HAC and the Hamel Hawks attempted to conceal their big grand vision from the committee for how much incremental activity they are going to generate (just like the other towns who they identified in their 5 year plan...let's not fool ourselves here. its already too busy and its not going to somehow stay the same or get better by adding a 30 ft. 300+ capacity grandstand. this should be obvious). That said, if it's not going to increase attendance or improve anything like HAC says it won't, why build it? Those organizations are talking out of both sides of their mouths and the city is just going along with it... While a fence behind the house might be a starting point, it doesn't solve any of the parking and congestion issues that will most certainly persist and get worse if the grandstand gets approved and installed. The good news here is that it sounds like all parties agree on this specific issue and agree that it needs to be solved whether a grandstand goes in or not. In the interest of a win‐win‐win (for the city, the HAC/Hawks, and all residents), I'd like to propose that HAC and the City of Medina budget enough to purchase my property to create an entry point to the ballfield and some additional parking. By having the City/HAC budget as part of this effort to purchase my property (and possibly the one just south of me as he is also not happy about all this), it allows for the additional parking to be built right next to the field and essentially at the best point of entry to the park for reducing traffic and parking 5 that currently takes place throughout all the surrounding neighborhoods. In this scenario I would be willing to sell my property to the city for $525k. This would be a win‐win‐win for all parties, as the residents would get relief from traffic, the Hawks provide a better (and safer!) experience to their fans, police and fire can access, and the City of Medina looks brilliant for making it all work out. I don't want to sell my house, but I don't see an outcome here that would work better for all involved. Thanks for your time and attention. This means a lot to my family in terms of enjoyment, safety, and our financial future. Before we proceed any further, let's consider this potential solution together which looks really promising to make all parties happy and provide baseball/park patrons a much better, safer experience for viewing games. Remember, we love baseball and we love the Hawks. We support the idea of a grandstand for Hamel, but we shouldn't have it forced upon us to be built in our backyard and then deal with the endless list of negative aspects it will entail for the safety of my family, enjoyment of our home, and the financial value we envisioned when purchasing the home absent of a 30 foot grandstand behind it (yes, when you have a home next to a park, things get added...but no reasonable person would anticipate a massive 30 foot grandstand as just 'status quo' improvements to a park). I'd love for all parties to align on this approach to help alleviate the parking issue and all related issues. Short of this, I am prepared to utilize the legal system to stop or substantially delay the project, and will raise the voice of the coalition of residents we are forming who are opposed to this, growing by the day, as loud as possible in opposition, utilizing media/local news/social platforms, and whoever else will listen. Thank You, ‐Christopher Sele, 612‐229‐6942 1 Dusty Finke From:Brad Sankey <bradsankey@yahoo.com> Sent:Wednesday, September 28, 2022 2:03 PM To:Dusty Finke Subject:Re: Lions Park Grandstand and Privacy Fence Dusty, I'm not sure how adding more trees keeps people out of my yard? That was the whole reason the Mayor suggested a privacy fence. I will be attending that next meeting and will be talking to the neighbors prior to that meeting. Brad On Wednesday, September 28, 2022 at 01:05:45 PM CDT, Dusty Finke <dusty.finke@medinamn.gov> wrote: Hi Brad, You are correct that Council directed staff to incorporate the privacy fence into the approval. We intend to present the resolution with the privacy fence requirement as directed by Council. Staff does also intend to suggest the alternative of using coniferous trees for screening/privacy rather than privacy fencing. Staff believes large trees can be spaded in and provide better and taller screening than a privacy fence would achieve. We will include information that the two closest neighbors expect the privacy fence as well. The City Council may very likely proceed with the requirement for privacy fencing as they previously discussed. The meeting is next Tuesday, October 4, beginning at 7 p.m. My best, Dusty Finke City of Medina 2 From: Brad Sankey <bradsankey@yahoo.com> Sent: Tuesday, September 27, 2022 2:23 PM To: Dusty Finke <dusty.finke@medinamn.gov> Subject: Lions Park Grandstand and Privacy Fence Dusty, After talking to my neighbor, Chris Selle, he informed me that HAC is proposing a chain link fence. That was not part of the motion at the city council. The motion was for "Construction of privacy fence, solid in nature, to be paid by HAC". A chain link fence is not considered privacy fence. I expect someone to reply to my call and my email regarding this matter. As Chirs told you, he is willing to take legal action on this and I will be joining him if this is not resolved. Thanks, Brad Sankey 763-447-1526 Onyx Investment – Pioneer Highlands Addn Page 1 of 7 October 4, 2022 Preliminary Plat City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Debra Dion, Associate Planner DATE: September 28, 2022 MEETING: October 4, 2022 City Council SUBJ: Onyx Performance Investment, LLC. – Preliminary Plat – XXX Pioneer Road (09-11-23-11-0002) Background Onyx Performance Investment, LLC. has requested a rural subdivision of approximately 68 acres of property into four lots. The subject property is located southwest of Pioneer Rd, and straight south of Willow Drive North. Leawood Farm development is to the southwest. The applicant seeks to split the parcel so that they can market and sell the four parcels independently. The subject property is currently vacant and farmed. The property is zoned RR, Rural Residential. Properties to the south, west and majority of the land across Pioneer Rd are zoned RR. Two properties across Pioneer Rd to the east and north are zoned RBH, Rural Business Holding. The subject property has three delineated wetlands on-site, which total 19.86 acres. The property has 47.65 acres of upland. An aerial of the site and surrounding lands can be found below. Comprehensive Plan/Zoning Information Agenda Item #9A Onyx Investment – Pioneer Highlands Addn Page 2 of 7 October 4, 2022 Preliminary Plat City Council Meeting The subject site is guided Rural Residential in the City’s Comprehensive Plan and is zoned Rural Residential. The Rural Residential land use allows for residential uses and requires a minimum of 5 acres of contiguous suitable soils per lot, which the proposed subdivision meets. The proposed development has a gross density of one home per 16.89 acres. The 16.89 acre average does not include the right-of-way/Pioneer Trail). The applicant has provided a thorough narrative summarizing the development, and how it responds to Medina’s goals as a community. The narrative is attached. The narrative references attachments, and staff has not attached all of the attachments due to the size of documents. All attachments are available upon request. Preliminary Plat The applicant proposes to subdivide the existing 68.82 gross acre (includes right-of-way/Pioneer Trail) property into four lots. The overall acreage without the right-of-way/Pioneer Trail is 67.51 acres. The wetlands and floodplain reduce the buildable portions of each lot, except Lot 2, which doesn’t have wetlands or floodplain present. The proposed four lots meet standards for the lot size, area, and required acres for suitable soils, as shown below in the table. RR Requirement Proposed Lot 1 Proposed Lot 2 Proposed Lot 3 Proposed Lot 4 Total Lot Area 5 acres contiguous suitable soils 8.55 acres 5.37 acres 22.81 acres 29.88 acres Contiguous Suitable Soils 5 acres 5.76 acres 5.37 acres 6.01 acres 5.13 Minimum Lot Width 300 feet 480+- feet 300 feet 320+ feet 640+ feet Minimum Lot Depth 200 feet 530+ feet 460+ feet 1353+- feet 715+ feet Max Hardcover 40% To be reviewed at time of permit To be reviewed at time of permit To be reviewed at time of permit To be reviewed at time of permit Suitable Soils The RR zoning district requires that each lot contain at least five acres of contiguous soils suitable for a standard sewage disposal system as defined in section 720 Individual Sewage Treatment Systems and in section 826.25 Subd. 2. The lot must contain both a primary and secondary site for an on-site sewage disposal system and both sites must be protected during construction. The City’s subdivision regulations reference the Hennepin County Soil Survey when determining amount of suitable soils for the proposed lots. However, the subdivision ordinance allows an applicant to provide if they believe site conditions may be different than shown on the Onyx Investment – Pioneer Highlands Addn Page 3 of 7 October 4, 2022 Preliminary Plat City Council Meeting Hennepin County Soils Survey. This is not uncommon because the Hennepin County Soils Survey is conducted at a larger scale without necessarily considering site-specific soil borings or other more detailed data. The applicant submitted soils information indicating that soils in various locations throughout the site are indeed suitable for a standard sewage disposal system despite what the Hennepin County Soils Survey provides. The soils data provided by the applicant was prepared by a qualified soil scientist. Upon review, it was determined by City staff that some areas on the site should be considered suitable and some areas non-suitable due to topography. In addition, the applicant submitted adequate information to show that approximately 5,360 square feet, or 0.12 of an acre in area of the L36A soils on Lot 3 could indeed support a Type I sewage disposal system. The City’s soil scientist reviewed all soils information provided by the applicant and agreed with the findings presented. Accordingly, pursuant to section 820.25, subd. 2(l), staff has calculated the number of acres of contiguous suitable soils for each lot based on this information, which is included in the table on the previous page. Based on all of the information provided with the application, the City’s suitable soil requirements are indeed satisfied. Watershed Review This subject property is located within two Watersheds, Pioneer-Sarah and Elm Creek. The Watersheds discussed the project and determined that only one Watershed would need to review, which is Pioneer-Sarah. Staff recommends a condition that the applicant submit for any required review prior to Final Plat approval and that the plans comply with Watershed requirements. Wetlands/Buffers Three wetlands exist on the property and a Wetland Delineation was completed. The largest of the three wetlands is 18.51 acres in area, which is located along the southern area of the property and is on both Lots 3 and 4. This larger wetland also extends onto adjacent property to the south. The two other wetlands are along the northern portion of the property and are only on Lot 1. The City’s wetland protection ordinance requires a buffer adjacent to each wetland. Upland Wetland Buffers have been placed around each wetland to provide protection and appear to meet the City’s requirements. The applicant will be required to quantify the areas for each lot as a condition of approval. The Upland Buffer Easement Agreement will get recorded at the time of the Final Plat. The buffer widths may increase to meet stormwater requirements. Onyx Investment – Pioneer Highlands Addn Page 4 of 7 October 4, 2022 Preliminary Plat City Council Meeting The following are Upland Buffer Width Requirements: Preserve Wetland buffer width average Manage 2 Wetland buffer width average Minimum Wetland width Wetland Size Lot 1 – larger wetland 35 feet 25 feet 1.18 acre Lot 1 – smaller wetland 25 feet 20 feet 0.17 acre Lot 2 N/A N/A N/A N/A Lot 3 25 feet 20 feet 18.51 acres shared with Lot 4 Lot 4 25 feet 20 feet 18.51 acres shared with Lot 3 The setback from the wetland buffer to a principal structure is 15 feet and an accessory structure is 5 feet. Floodplain FEMA maps identify a “Zone A” floodplain on large portions of the subject property, but the base flood has not previously been established and was based on old 10-foot contours. The actual site conditions suggest that the floodplain is much smaller and remains closer to the large wetland. The applicant has completed modeling to establish the flood elevation and submitted to FEMA for review. The flood elevation is shown as 1003.34 on the Preliminary Plat, which is the elevation modeled by the applicant’s engineer. The applicant will need to obtain approval of the letter of map amendment (LOMA) from FEMA to establish the elevation, which staff recommends as a condition of approval. Staff has verified that all septic systems and house pads are not within the floodplain areas as modeled by the applicant. Access & Easements Access to the development will be off of Pioneer Trail and will only have one entrance, which will be a private shared driveway for the four lots. The driveway is proposed to be in Outlot A, which is 50 feet in width. The shared driveway will be constructed at 20 feet in width and meets the 10 foot setback requirement. Staff has recommended drainage and utility easements for each lot. These drainage and utility easements have not been shown but will be a condition of approval. • 15 feet along Pioneer Trail • 10 feet along Outlot A • 5 feet along all other perimeters • Overall wetland areas, stormwater improvements, and drainageways Right-of-way The minimum requirement for right-of-way is 33 feet in width. Staff is also asking for a 15 foot drainage and utility easement along Pioneer Trail. The additional 15 feet would be utilized in the future if the City needed to widen the ditches/road. Onyx Investment – Pioneer Highlands Addn Page 5 of 7 October 4, 2022 Preliminary Plat City Council Meeting Pioneer Trail is not centered within the right-of-way along the frontage of the subdivision. Staff recommends a condition that the required right-of-way width be a minimum of 33-feet, or wider if necessary to provide 33-feet from the centerline of the existing roadway. Septic Designs Septic designs were provided for each lot, all providing a primary and alternate septic location. Location and designs have been reviewed by our Septic Inspectors, Metro West and found to be compliant. Stormwater/Drainage The amount of hardcover which is anticipated to be added within the subdivision triggers the City’s stormwater management requirements. The applicant’s preliminary plan suggests potentially providing larger buffers to meet volume control requirements, but states that it may be necessary to construct a rain garden. The applicant can mitigate stormwater by the use of either one, or both. The site will need to comply with all stormwater requirements and be verified at Final Plat. The City Engineer has identified locations where proposed driveway construction would cross existing drainageways on Lot 3. Staff recommends a condition requiring culvert crossings and easements for drainage crossing for the driveway. This will need to be shown at time of building permit submittal. Staff recommends that the stormwater management plan quantify the maximum footprint of impervious which is treated for each lot so that appropriate stormwater calculations can be finalized at time of Final Plat. Building Official/Fire Marshal The proposed turn-around for fire trucks and width of the proposed driveway have been found acceptable by the Building Official and Fire Marshal. No conditions of approval have been requested. Park Dedication The City’s subdivision ordinance requires the following to be dedicated for parks, trails and public open space purposes, at the City’s option: • Up to 10% of the buildable land for parks or trails. In this case the net upland area is 47.65 acres. • Cash-in-lieu of land – 8% of the pre-developed market value; minimum of $3500/residential unit or no more than $8,000.00 per lot (in this case = $32,000.00). • Combination of the above. The Parks and Trails Plan does not show improvements within the vicinity of the property. The Park Commission reviewed on September 21, 2022 and recommended that cash be required in- lieu of land dedication. Payment of Park Dedication will be required at time of recording the Final Plat. Onyx Investment – Pioneer Highlands Addn Page 6 of 7 October 4, 2022 Preliminary Plat City Council Meeting Review Criteria/Staff Recommendation The following criteria are described in the subdivision ordinance: “In the case of all subdivisions, the City shall deny approval of a preliminary or final plat if one or a combination of the following findings are made: (a) That the proposed subdivision is in conflict with the general and specific plans of the city, or that the proposed subdivision is premature, as defined in Section 820.28. (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way. Cities have a relatively low amount of discretion with regard to reviewing subdivisions. If the subdivision meets relevant ordinance standards and does not meet the criteria above, it should be approved. Subject to the following conditions, staff believes the Preliminary Plat meets the review criteria. Planning Commission The Planning Commission reviewed the application at their September 13, 2022, meeting and found the Preliminary Plat request acceptable. The Commission approved the application, emphasizing conditions related to stormwater management, which is a condition of approval. Park Commission At the September 20, 2022, Park Commission meeting, the Commission was in agreement to require $32,000.00 in cash for Park Dedication requirements. As a result, staff recommends approval subject to the following conditions: 1. The applicant shall provide drainage and utility easements as described in this staff report around the perimeter of each lot and Outlot A, and over all wetlands, stormwater improvements, and drainageways as recommended by the City Engineer. 2. The plat shall dedicate a minimum of 33-feet of right-of-way for Pioneer Trail, or more if necessary to provide 33-feet from the centerline of the existing roadway. 3. The Applicant shall provide documentation to verify that the minimum average upland buffers have been provided and shall meet the requirements of the wetland protection ordinance, including provision of easements, planting of vegetation and installation of signage. 4. The applicant shall provide easement agreements for the shared driveway for all lots, at time of Final Plat. 5. The applicant shall quantify the maximum footprint of impervious surface for which stormwater management is provided for each lot Onyx Investment – Pioneer Highlands Addn Page 7 of 7 October 4, 2022 Preliminary Plat City Council Meeting 6. Lot 3 shall provide culverts and easements for drainage crossings prior to getting a building permit. 7. This approval is contingent upon approval of a letter of map amendment for floodplains. 8. The applicant shall pay cash-in-lieu of park land in an amount of $32,000.00. 9. The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements of city ordinance or policy. 10. The Applicant shall install all improvements shown on the plans dated August 29, 2022, except as may be modified herein. Final plans shall be provided at the time of final plat and shall address the comments of the City Engineer dated September 8, 2022, meet Pioneer-Sarah Watershed regulations, and other relevant staff and agencies and the conditions noted herein. The plans shall be subject to review and approval by the City Engineer. 11. The Applicant shall execute and record a Stormwater Maintenance Agreement in a form and of substance acceptable to the City Attorney to describe the responsibility of the property owners to maintain the private stormwater improvements. 12. The Applicant shall obtain all permits required by Pioneer-Sarah Watershed District. 13. The Applicant shall provide title evidence prior to or at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters and recording instructions. 14. The final plat application shall be filed within 180 days of the date of this resolution or the approval hereby granted shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 15. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the preliminary plat, construction plans, and other relevant documents. Potential Action If Council finds that the proposed preliminary plat, subject to the conditions noted above, is consistent with City requirements, staff recommends the following action: Move to direct staff to prepare a resolution granting preliminary plat approval, subject to the conditions noted in the staff report. Attachments 1. Excerpt from draft 9/13/2022 Planning Commission minutes 2. Applicant’s Narrative 3. Preliminary Plat dated 8-29-22 4. Road, Grading, and Erosion & Control Sediment CITY OF MEDINA PLANNING COMMISSION DRAFT Meeting Minutes Tuesday September 13, 2022 6. Pioneer Highlands – South of Pioneer Trail, East of Willow Drive – Onyx Performance Investment LLC – Preliminary Plat for 4 Lot Rural Subdivision (PID 0911823110002) – Public Hearing Dion presented a four-lot rural subdivision request on the subject property which is approximately 68 acres. She reviewed the proposed lot division layout and septic designs as required by preliminary plat. She noted that each lot identifies a preliminary and secondary location as required and in compliance with City Code. She stated that this request would meet all requirements of a rural subdivision. She commented that the site is currently vacant and farmed. She stated that three separate wetlands were identified through the required delineation and the applicant has shown the required buffers. She stated that the south portion of lots three and four contain floodplain and the applicant completed modeling and will complete a LOMA prior to final plat as required. She stated that staff has reviewed the stormwater plans and has provided conditions. She stated that each of the lots is required to have easements, along with the shared driveway. She commented that if the subdivision meets all of the standards the City would have a relatively low amount of discretion upon review but could place additional conditions upon the application. Jacob asked the minimum wetland buffer. Dion stated that each wetland is different based on the management class. She noted that one of the wetlands has a required buffer of 35 feet while the other two are 25 feet. She noted that the principal structure must also be setback an additional 15 feet from the buffer, whereas an accessory building could be setback five feet from the buffer. Nielsen opened the public hearing at 7:13 p.m. Michael Botten, 2522 Pioneer Trail, stated that this land was previously farmland. He stated that it looks like the driveway is across from his driveway which means he would get headlights towards his door and asked if that could be moved. He advised of the underground creek and the path is takes until it comes above ground, noting that feeds into the wetlands all the way to Highway 55. Mr. Dickerson, 2625 Pioneer Trail, asked how many of the Commission members have walked the property or drove past. He stated that this area has a lot of wetlands and therefore he is concerned that the changes to this property would add impervious surface and could cause drainage changes. He asked how the water enters and flows out of the site. Mark Gronberg, representing the applicant, stated that there are two ways the water leaves the site. He stated that the north half of the property drains north into the wetland and under the culver under Pioneer Trail. He noted that some of that water would be temporarily retained. He commented that the site is currently farmland and dirt with a high runoff factor. He stated that seeding grass would help to slow the runoff rate. He noted that they have been working with the watershed district on the application. Nielsen closed the public hearing at 7:22 p.m. Piper commented that she likes the recommendations of staff and was impressed with the detail. She hoped that would address the concerns from the residents. She hoped that the recommendation from the Commission would include the mention of the watershed. Nielsen asked if the applicant has any issues with the conditions as proposed by staff. Gronberg stated that he did not have any issues as those are typical review comments. Popp commented that overall, this is a good plan for the property. He stated that of the 15 conditions recommended by staff, six address the concerns related to the wetlands and watershed which address the concerns of the residents. Rhem echoed the comments of Popp. Jacob agreed. Nielsen also agreed, noting that she supports the request as long as the conditions are met. Motion by Piper, seconded by Popp, to recommend approval of the preliminary plat subject to the conditions in the staff report and emphasis on the conditions related to watershed. Motion carries unanimously. (Absent: Grajczyk) August 17, 2022 Honorable Mayor Martin City Councilmembers Planning Director Finke RE: PIONEER HIGHLANDS Preliminary Plat I am pleased to present this application on behalf of Harry Schleeter (Onyx Performance Investment, LLC.), Medina resident (the “Owner”), and John Quinlivan owner of Gordon James home construction (the “Builder”). The application is for a Rural Residential four lot subdivision on a 67 acre property generally located south of Willow Drive along Pioneer Trail (the “Property”); PIONEER HIGHLANDS (the “Preliminary Plat"). Property Information PID: 09-118-23-11-0002 Legal Description: The North half of the South half of the Northeast Quarter of Section 9; also that part of the Northeast Quarter of the Northeast Quarter of Section 9 lying Southerly of the centerline of travel of Pioneer Trail Road; all of which is situated in Township 118 North, Range 23, West of the 5th Principal Meridian. Gross Acres: 68.825 acres Net Acres: 67.508 acres (excluding right-of-way) Delineated Wetlands: 19.86 acres Upland: 47.65 acres Land Use Guiding: Rural Residential Zoning: Rural Residential Lot Details *all lots meet the RR (Sections 826.09 – 826.25) for lot depth, width, setbacks, hard cover requirements. Lot 1: 8.55 acres Lot 2: 5.37 acres Lot 3: 22.81 acres Lot 4: 29.88 acres Comprehensive Plan This Rural Residential small development conforms to the City of Medina’s goals as a community. The applicant offers the following excerpts from the Comprehensive Plan and discussion as it relates to this development. 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. Response: This development is 4 lots on 67 acres which is very low density, lower than what the overall goal is for Rural Residential. The property has beautiful rolling hills, and long views of other similar properties. This development will preserve rural vistas and open spaces and the large wetland will be adequately buffered and structures will be setback accordingly. • Protect and enhance the environment and natural resources throughout the community. Response: There were no natural features identified in the Open Space Plan for this property but the woods that are on the perimeter of the property provide for good privacy and the wetlands will be buffered and protected. Future Land Use Designations Rural Residential (RR) identifies areas for low-intensity uses, such as rural residential, hobby farms, agricultural, horticulture, conservation of ecologically significant natural resources and passive recreation. Density within the RR land use shall be no more than one lot per 10 acres and the area is not planned to be served by urban services during the timeframe covered by this Plan. Response: This development has a gross density of one home per 16.75 acres. The goal for Rural Residential is one home per 10 acres, so this development exceeds the expectations for density. By the very nature of the low density, the rural character will prevail. The road has been eliminated in favor of a private driveway which will be less bituminous, less water runoff and also help retain the luxury rural feel of these large lot homesteads. Watershed/Wetland Review There are two watersheds on the property, in the north is Elm Creek Watershed, and in the south is Pioneer-Sarah Watershed. The water drains to the large wetland complex that is landlocked on the property so after discussion with both watershed districts, they agreed that Pioneer-Sarah Watershed will review and report on the subdivision application. Application and deposit have been made to Pioneer-Sarah Watershed (Andrew Vistad, P.E.). There are three wetlands on the property. The following diagram is from the approved wetland delineation for the property. The large wetland is 18.51 acres, the second largest wetland is 1.18 acres and the smallest wetland is 0.17 acres. The following is the City of Medina MnRAM Wetland Classifications map. Wetland 1 = Manage 2, Average Buffer Width 25’, Min 20’, Buffer Setback 15’ Wetland 2 = Preserve, Average Buffer Width 35’, Min 25’, Buffer Setback 15’ Wetland 3 = Not Identified on Map 3-2 but Buffered 25’, Buffer Setback 15’ All wetlands will be buffered and setback appropriately at time of construction. FEMA/Floodplains Mark Gronberg has performed a drainage study on the property to determine what the back to back 100-year flood elevations are (see attached modeling and diagrams). The final elevation was determined to be the back to back 100-year is 1003.34’; and the information was then submitted to the DNR and the City of Medina for review. Following approval of the elevation, a FEMA map amendment application will be made. The DNR has signed off on the proposed elevation (see email from Ceil Straus, State Floodplain Manager). All house pads will be well above the 2nd 100 year flood elevation. Suitable Soils The exhibit below illustrates the discrepancies found when we overlaid the Hennepin County Soils on the Survey with the two-foot contours shot in the field. There were four areas, shown in blue, that the Soils Survey showed as “suitable soils” but in fact when we shot the contours of the property, found those areas to be steep slopes and not suitable. There were three areas shown as not suitable on the Hennepin County Soils overlay but in fact those areas were suitable due to their slope. The contours showed the discrepancies, we lost suitable soils to steeper D slopes and we gained where the soils were C slopes. On Lot 3 there is a saddle area all around and between the C slope soils that is labeled as L36A soils. It was evident by field research from Mark Gronberg, Rusty Olson and Brad Hayes (PE, Septic Designer/Perc Tester, Septic Installer) that a large area adjacent to and between the two areas consisting of L22C2 soils was also L22C2 soils, or the very least good soils for septic; this area in question is colored in rich pink. Rusty Olson performed additional soil tests in this saddle area and the results are attached to this narrative. The soils were in fact found to be suitable soils. After our submittal, the City asked for additional information from a soil scientist to provide a soil matrix for the saddle area to prove that this area was suitable for septic (see attached report from Kelly Bopray who provided the field work for the soils for septic conformance). This field work is very extensive with 14 soil borings in the saddle area (see soil boring map next page). The soils are analyzed, and categorized; a process that is more rigorous than most for reviewing soils in the field. Matthew Summers, also a licensed soil scientist and septic expert, also reviewed the soil report and information from Kelly Bopray and verified that the soils are all suitable for septic (see attached memo). Contiguous Suitable Soils Lot 1 = 5.76 ac Lot 2 = 5.37 ac Lot 3 = 6.01 ac Lot 4 = 5.13 ac The picture below represents the soil borings that Kelly Bopray, licensed soil scientist performed in the field in the saddle area for which the soil matrix report was prepared. The outline of soils in red shows the suitable soils that were found as a result of the field work in Lot 3. Septic Rusty Olson has performed field perc testing for each lot for both the primary and secondary septic sites and that information is attached. Stormwater/Grading/Erosion Control See memorandum from Mark Gronberg, PE. Access Access will be served off of Pioneer Trail with a single entrance onto a private shared driveway. The driveway will be in a 50-foot Outlot on the plat and a 20-foot driveway. The lots will have a private driveway agreement that serves all four lots. The access location provides enough spacing from Willow Drive and enough sight visibility for access to the south of the existing tree cluster on Pioneer Trail. This is a private driveway so there will likely not be a name for this road or any directional signage on Pioneer Trail other than perhaps a “private driveway” sign. Homes Gordon James will be the builder of record for the development. All homes will be custom to the individual buyer and lot. Below is an example of beautiful new home that was built in Medina at 3155 Willow Drive. Property Photos ENTRANCE OFF OF PIONEER TRAIL LOOKING AT LOTS 1 AND 2 LOOKING AT LOT 1 LOOKING BACK AT PIONEER TRAIL LOOKING AT LOT 4 WETLANDS HEADING TO LOT 3 EDGE OF LOT 4, LOOKING WEST AT LOT 3 LOT 3 TOP OF HILL AT WEST EDGE Thank you for your consideration in our submittal of the preliminary plat of PIONEER HIGHLANDS. If you have any questions, you may call Rose Lorsung (952) 457-7641, or email at Rose@RecreateLuxuryHomes.com. Sincerely, Rose A. Lorsung Owner, ReCreate Real Estate & Pulse Land Group Additional Attachments: 1. Preliminary Plat 2. Grading and Erosion Control Plans 3. Stormwater Plans 4. 100 yr Flood Elevation Exhibits 5. Driveway Plans 6. Wetland Delineation 7. Perc Tests 8. Mark Gronberg Memo 9. Kelly Bopray Soil Map Unit Investigation Report 10. Matt Summers Soils Review and Septic Compliance Memo Tim and Megan Elam Page 1 of 6 October 4, 2022 Conditional Use Permit City Council Meeting TO: City Council FROM: Dusty Finke, Planning Director and Deb Dion, Associate Planner DATE: September 28, 2022 MEETING: October 4, 2022 City Council SUBJECT: Tim and Megan Elam – 1582 Homestead Tr. – Conditional Use Permit for 10,000 s.f. accessory structure Summary of Request Tim and Megan Elam have requested a conditional use permit (CUP) for construction of a 160’x60’ accessory building (10,200 s.f. total w/ overhang) at 1582 Homestead Trail. The City’s zoning code includes regulations on the maximum size of accessory structures on residential properties. Properties over 5-acre in size are permitted accessory structures up to 5000 square feet with a building permit and a larger structure with approval of a CUP. A CUP for larger accessory structures requires certain standards which are discussed later in the report. The subject site is located east of Homestead Trail, north of Deer Hill Road. The subject site is over 33 acres in size and contains a principal home and seven accessory buildings. In 2019, the City granted a conditional use permit (resolution 2019-56) for the following accessory buildings: 1. 1,980 square foot accessory dwelling unit (CUP also granted for 2nd home as ADU) 2. 120 square foot gazebo 3. 120 square foot child playhouse with a closed roof 4. 441 square foot detached garage 5. 591 square foot cabana The property includes two additional buildings which were not approved in the previous CUP (playhouse and chicken coop). Existing accessory structures on the property now include: 1. 1,980 square foot accessory dwelling unit (CUP also granted for 2nd home as ADU) 2. 120 square foot gazebo 3. 120 square foot child playhouse with a closed roof 4. 441 square foot detached garage 5. 591 square foot cabana 6. 308 square foot playhouse 7. 288 square foot chicken coop/covered run The zoning code permits additional loafing sheds 300 square feet or less and also permits one additional accessory building under 400 square feet. Staff recommends that these accessory buildings be addressed in the updated CUP. The structures are located within the eastern portion of the site and most of the northwest portion of the site is hayed. There are wetlands located in the northeastern portion of the site and the southwestern corner of the site. The topography of the site is very rolling. The site shares a driveway with three properties to the west. The subject site is zoned Rural Residential and MEMORANDUM Agenda Item #9B Tim and Megan Elam Page 2 of 6 October 4, 2022 Conditional Use Permit City Council Meeting surrounding properties are also rural. The Deer Hill Preserve Conservation Design-PUD is located to the east, where the homes are more clustered. No lots are immediately adjacent to the eastern property line of the subject site, and there is a narrow area of open space and streets to the east prior to any lots. Baker Park is located southeast of the site. Analysis The following is table summarizes the proposed accessory building in relation to the requirements of RR district: RR Requirement Proposed North 50 feet 1004.64 feet East 50 feet 80.24 feet South 50 feet 154.40 feet West 50 feet 631.41 feet Hardcover 40% Under 40% Building Height 30 feet or 35 with roof features 35 feet including coupolas No trees are within the existing area of construction. The applicant has submitted a landscaping plan which proposes 13 deciduous trees, 8 evergreen trees, along with shrubs and perennials. Tim and Megan Elam Page 3 of 6 October 4, 2022 Conditional Use Permit City Council Meeting In addition to the general requirements of the RR district, the CUP is subject to additional standards. These include a set of standards specific to larger accessory structures and a set of standards which apply to all conditional uses. CUP for Accessory Structures in Excess of 5,000 SF According to Section 825.19 of the City Code, properties over 5 acres in size are permitted to include a maximum of two accessory structures with a maximum aggregate footprint of 5000 s.f. Accessory structures which exceed these limitations are conditional uses subject to the following additional standards described in Section 826.98. Staff has described compliance with each standard below each in italics: (i) The accessory building’s design shall include architectural interest through the appropriate use of the following elements: cupolas, dormers, windows, porches, overhangs, varied building foundation, or other design treatments which the city council determines create a quality architectural design that enhances the appearance of the accessory building and complements the principal dwelling and the rural residential character or residential neighborhood in which the building is to be constructed; The proposed structure includes an overhang, cupolas, several windows and stone wainscoting. (ii) At least two colors or textures shall be used in the accessory building’s exterior design, including contrasting trim or fascia; The applicant proposes “Pale Oak” hardie-siding, “Dark Bronze” trim/facia/overhand roof, with stone wainscoting. (iii) Any metal exterior materials on the accessory building shall be warranted to resist fading for a period of at least 15 years; and The applicant proposes hardie-siding and asphalt shingles on the main roof. The overhang roof is proposed to be metal. Staff recommends a condition to verify warranty. (iv) The accessory building shall have an infiltration basin, rain garden, rain barrel or other similar best management practice used to capture storm water runoff from the building and to improve water quality. Said best management practice must be reviewed and approved by the city council. The applicant proposes to construct a filtration basin to the east of the proposed structure and access drive. Staff recommends a condition that the applicant meet the recommendations of the City Engineer. General Conditional Use Permit Standards Section 825.39 of the City Code includes more general standards for reviewing any conditional use permit: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff does not believe this structure will be injurious to nearby property nor impair property values. Tim and Megan Elam Page 4 of 6 October 4, 2022 Conditional Use Permit City Council Meeting 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. Staff does not believe this structure will impede the normal and orderly development of surrounding vacant property. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. As noted above, the applicant will be required to provide stormwater management as a condition of approval. An upland buffer will be required adjacent to the downgradient portion of the southeastern wetland. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Staff does not believe this use causes parking or loading concerns. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff recommends a condition that all lighting on the accessory structure is fully downcast and shielded. Staff recommends a condition that prohibits animals from being housed in the structure because it does not meet animal structure setbacks and a condition prohibiting any commercial use of the structure. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. City Code allows for this size accessory structure as a conditional use. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Staff believes the use is consistent with rural residential lots. 8. The use is not in conflict with the policies of the City. Staff does not believe the proposed use is in conflict with the policies of the City. 9. The use will not cause traffic hazard or congestion. Staff does not believe the CUP would cause traffic or congestion concerns. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. There are no existing businesses nearby. 11. The developer shall submit a time schedule for completion of the project. The applicant proposes to during construction this fall. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. County records indicated the applicants are the owners through a trust. Tim and Megan Elam Page 5 of 6 October 4, 2022 Conditional Use Permit City Council Meeting Planning Commission Recommendation The Planning Commission held a public hearing on September 13. An excerpt from the draft meeting minutes is attached for reference. A neighbor to the west provided a written comment (attached for reference) and spoke at the PC meeting and commented on the location of the accessory building and how it would be in their site line and that she would like to see more screening of the building to the west and requested that lights be downcast. The property owners agreed to revise their landscape plan to provide additional pine trees that would help to screen along the southwest area of the building. Staff has added this as a condition of approval. Following the hearing, the Commission voted unanimously to approve the CUP Amendment. When reviewing a conditional use permit request, the City Council should review the specific and general criteria described above. Review of a CUP is a quasi-judicial review, so if the criteria are met, the CUP should be approved. As described in Section 825.41 of the City Code: “In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified in this Ordinance, additional conditions which the City Council considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited, to the following: 1. Increasing the required lot size or yard dimensions. 2. Limiting the height, size or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. 5. Increasing the number of required off-street parking spaces. 6. Limiting the number, size, location or lighting of signs. 7. Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space.” Staff believes that this CUP request overall meets the criteria presented in this report and has suggested a series of conditions to be attached to the amended conditional use. The Planning Commission concurred and recommended approval subject to the conditions, which have been incorporated into the attached resolution. Potential Action If the City Council finds the specific standards for additional accessory structures have been satisfied and that the proposal meets the general criteria for conditional uses noted above, staff would recommend the following action: Move to adopt the resolution granting conditional use permit amendment to Tim and Megan Elam. Attachments 1. DRAFT Resolution 2. PC minutes excerpt 3. City Engineer Comments Tim and Megan Elam Page 6 of 6 October 4, 2022 Conditional Use Permit City Council Meeting 4. Comment received 5. Plans Resolution No. 2022- DATE Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2022-## RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE PERMIT AMENDMENT TO TIM AND MEGAN ELAM FOR A NEW 10,200 SF ACCESSORY STRUCTURE AND A MAXIMUM TOTAL OF EIGHT ACCESSORY BUILDINGS AT 1582 HOMESTEAD TRAIL WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Megan A. Elam is Trustee of the Megan A. Elam Revocable Trust dated February 26, 2019, which is the fee owner of property located at 1582 Homestead Trail (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, Megan A. Elam and Tim Elam (the “Applicants”) have requested an amended conditional use permit for the following accessory structures with the following footprint size on the Property: a. 1,980 square foot accessory dwelling unit b. 120 square foot gazebo c. 120 square foot child playhouse with a closed roof d. 441 square foot detached garage e. 591 square foot cabana f. 308 square foot playhouse g. 288 square foot chicken coop/covered run h. 10,200 square foot storage building; and WHEREAS, Section 825.19 of the City Code states that the City may grant a conditional use permit to allow for more than two accessory buildings for properties more than 5 acres; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit amendment on September 13, 2022, heard testimony from the Applicants, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the October 4, 2022 meeting, reviewed the testimony, and recommendation of the Planning Commission; and WHEREAS, following such review the City Council made the following findings: 1) The proposed accessory structures are consistent with the specific requirements for the conditional use as described in Section 825.19 and 826.98 of the City Code, subject to the conditions noted in this resolution. Resolution No. 2022- 2 DATE 2) The proposed uses are consistent with the general criteria described for conditional uses in Section 825.39 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the conditional use permit amendment for accessory structures of the size noted above, subject to the following terms and conditions: 1. No additional accessory structures may be constructed or moved upon the Property except as permitted by Subd. 3(b) or Subd. 9 of Section 825.19 of the City Code or if approved through future conditional use permit review. 2. The Applicants shall install improvements as indicated on the plans received by the City on 8/15/2022, except as modified by the conditions herein. 3. The Applicants shall address comments made by the City Engineer. 4. All lighting on the 10,200 s.f. accessory structure shall be downcast and shielded. 5. No animals shall be kept in the 10,200 s.f. accessory structure. 6. The Applicants shall submit information verifying warranty of metal materials exceeds 15 years. 7. The accessory structure shall only be used for private purposes and no commercial activity shall be permitted. 8. The Applicants shall meet the requirements of the wetland protection ordinance, including provisions for recordation of easements, planting of appropriate vegetation and installation of required signs. 9. The Applicants shall execute a stormwater maintenance agreement and maintain stormwater management practices as described in the agreement. 10. The Applicants shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for the conditional use permit Dated: October 4, 2022. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ and upon vote being taken thereon, the following voted in favor thereof: Resolution No. 2022- 3 DATE And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022- 4 DATE EXHIBIT A Legal Description of the Property The Southwest 1/4 of the Southwest 1/4 of Section 21, Township 118 North Range 23, West, except the West 460 feet of the South 570 feet thereof, according to the United States Government Survey thereof, Hennepin County, Minnesota. Together with an easement for ingress, and egress and way for driveway purposes on, over and upon that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 118 North, Range 23 West of the Fifth Principal Meridian, lying Northeast of the Northeasterly right of way line of County Road 201 and Westerly of a line described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence East along the North line of said Northwest Quarter of the Northwest Quarter, a distance of 483 feet to the point of beginning of the line being described; thence deflecting right 95 degrees to the Northeasterly right of way line and there ending CITY OF MEDINA PLANNING COMMISSION DRAFT Meeting Minutes Tuesday September 13, 2022 8. Tim and Megan Elam – 1582 Homestead Trail – Conditional Use Permit for Construction of Accessory Building – Public Hearing Dion presented a request from the property at 1582 Homestead Trail for a CUP amendment to construct an accessory building that would be used for storage. She provided details on the property, which received a CUP in the past for an accessory home which is occupied by other family members. She highlighted the proposed location for the accessory building and noted that the existing accessory buildings blend well into the site. She reviewed the details of the request and highlighted elements of the proposed landscaping. She provided details about the design and building materials and noted that the site would still remain well under the 40 percent hardcover allowed. She stated that the applicant proposes a raingarden to treat stormwater as part of this project. She noted that one letter was received from a neighbor that had concerns with the sightlines. She explained that the neighboring property is higher in elevation and looks straight down the driveway. She noted that the applicant would be willing to move trees in order to better screen the view of the neighbor. She stated that the staff report details how the request meets the criteria of the CUP. Piper asked if this is one complete piece of property or whether it was previously two properties that were combined. Dion replied that she could not recall the property ever being two properties. Popp noted that there were a playhouse and chicken coop that were not approved by the previous CUP, yet they exist today and asked how that occurred. Dion replied that those were constructed without knowing a building permit was needed and therefore will be included in this CUP to clean that up. Popp asked if there is running water for this accessory building. Piper asked if the applicant is requesting plumbing for the building. Tim Elam, applicant, stated that they do not plan to put in another well as they already have two wells on the property. He stated that they would run water to the shed. He stated that they have a holding tank that could be pumped out for a floor drain. Piper asked what would be stored in this building. Elam provided details noting vehicles and other mechanical equipment. Nielsen asked if there is assurance from the applicant that no additional structures would be added to the property without proper permitting. Elam confirmed that to be true. Nielsen opened the public hearing at 8:57 p.m. Amy Allworth, 1602 Homestead Trail, stated that her family has lived in the home since 1994 and loves their property and country living. She complimented the Elam’s on the beautiful design of the barn. She stated that it is a lovely structure, but they are concerned with the impact of the size and their enjoyment of their backyard where they created the terrace. She noted that this structure would be within their line of sight. She asked that large trees and plantings help to mitigate the scale of the barn and would also like to see downcast lighting as a condition of approval. She had concerns with additional lighting that could disturb their view. She also had concern with an increase of traffic and noise from the barn. Nielsen closed the public hearing at 9:00 p.m. Popp commented that it is a beautiful barn, and he does not have any concern with the land use and size of the property. He asked if there would be any opportunities to put evergreens on the west side of the property to screen the view of the neighbors. Elam confirmed that they would be willing to plant more trees. He stated that they did plant 40 evergreens already. He noted that the property does slope down from the neighboring property to their property and therefore it will take time for those trees to grow. Piper asked for details on lighting and whether that lighting would be on a timer system. Elam commented that they have lights going up the driveway which remain on all night. He noted that they would have motion lights on the accessory building and inside the building they would have regular LED lighting. It stated that it would be dark outside the barn until someone drove up to it and the motion lights kicked on. He was unsure if they would add landscaping lights, as they do have those around the property, but would be fine no adding those. Nielsen asked if the building could be placed in another location to assuage the concerns of the neighbor. Elam commented that they have 33 acres and therefore could put it in another area, but this area is already connected to an existing driveway. He noted that there is sloping topography in other areas of the property as well. Piper referenced the paving that would occur in front of the building and asked if that would be for parking. Elam provided additional details noting that would be a drive-in door. Nielsen stated that she does not see any issues with the applicant. Rhem agreed and appreciated the willingness to work with the concerns of the neighbor. Jacob agreed. Motion by Piper, seconded by Jacob, to recommend approval of the Conditional Use Permit subject to the conditions in the staff report. Motion carries unanimously. (Absent: Grajczyk) 1 Dusty Finke From:Jim Stremel <JStremel@wsbeng.com> Sent:Tuesday, August 23, 2022 10:03 AM To:Debra Dion Cc:Permits; Alison Harwood; Tom Hoffman Subject:RE: 1582 Homestead Tr. - Elam CUP Amendment for an Accessory Building - LR-22-328 Deb, Here are our engineering comments, see question/confirmation on the wetland responses below as well: Grading & Drainage: ‐ Remove tree plantings from within the proposed swales. Label stormwater pond on landscaping plan. ‐ Provide silt fence and erosion control on the grading plan. ‐ EOF is shown as 14.60, verify low opening is above 16.60. Note FFE on grading plan. ‐ Provide additional information on the proposed stormwater basin. Show approximate drainage area to basin. NWL should be included on the plan set. Label contouring within pond aera. Provide details and typical sections for proposed pond. ‐ There should be a piped outlet connection from the stormwater basin to the swale. Include rip rap for energy dissipation. ‐ Provide approach grade to easterly building access. ‐ If water/sewer utilities are proposed for the building, show on the plan. ‐ Label proposed pavement types. Wetlands: Technically, the code states that the buffers should be applied to all wetlands on the property, though in this case I think it would make sense to apply it just to the two wetlands immediately west of the proposed grading site (both north and south of the driveway, see below). Let us know what your thoughts are on that aspect and whether they would need to apply for a variance to only apply it to just the two. ‐ The wetlands immediately west of the proposed disturbed area are classified as a Manage 2 on the city’s functional assessment map. Manage 2 wetlands require a 25‐foot average (20‐foot minimum) upland buffer. ‐ The wetland edge and proposed buffer must be shown on the site plan. If the applicant does not have a wetland delineation for the site, they can request a wetland field estimate from the city ($300 fee). ‐ Disturbed areas within the upland buffer must be revegetated with a native seed mix. 2 Jim Stremel , PE Sr. Project Manager 612.419.1549 (o) WSB | wsbeng.com For a list of WSB employee licenses and certifications visit here. This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. WSB does not accept liability for any errors or omissions which arise as a result of electronic transmission. If verification is required, please request a hard copy. From: Debra Dion <debra.dion@medinamn.gov> Sent: Monday, August 15, 2022 4:20 PM To: Dave Anderson <anderson_daa@hotmail.com>; Jim Stremel <JStremel@wsbeng.com> Cc: Dusty Finke <dusty.finke@medinamn.gov>; tg@mwimn.com Subject: 1582 Homestead Tr. ‐ Elam CUP Amendment for an Accessory Building ‐ LR‐22‐328 EXTERNAL EMAIL Good afternoon. We have received a new/revised submittal that was previously incomplete. Attached are the plans and application for the project. Please provide comments. They are requesting to exceed the maximum allowable number and square footage of accessory buildings via building permit on one lot. Please provide your comments no later than August 23rd. I will be taking the lead on this project, so please email directly to me. + 38.0 15 4 . 4 0 ' 80.24' 631.41' 10 0 4 . 6 4 ' 160 . 0 0 ' 60. 1 7 ' 13' 13' 13' 13' 12' 60'124 ' - 8 " 15 4 . 4 0 ' 80.24' 160 . 0 0 ' 60. 1 7 ' 0 15'30'60' SCALE: 1" = 30'-0"NORTH SITE LOCATION MAP: Registration #: Signature: I hereby certify that this plan was prepared by me or under my direct supervision and that I am Registered Landscape Architect under the laws of the State of Minnesota. Drawn By: Checked By: Sheet Title: Date: Revision: Project #: Name:Paul Kangas 26017 14165 James Road - Suite 200A Rogers, MN 55374 Phone: 763-428-5870 www.insideoutsidearchitecture.com INSIDE OUTSIDE ARCHITECTURE, INC. Sheet Number: COPYRIGHT 2022 © This plan is copyrighted and shall be used only for the project shown and shall not be copied or reproduced without written permission from Inside Outside Architecture, Inc. Project Name: TIM & MEG ELAM RESIDENCE Site and Landscape Design Long Lake, Minnesota 20-007 8-10-2022 -- -- PK PK PARCEL BOUNDARY & SHED LOCATION S1 RECENTLY CONSTRUCTED HOME EXISTING HOME PROPOSED SHED PROPERTY BOUNDARY PROPERTY BOUNDARY LOCATION ENLARGEMENT: PROPOSED SHED 9,488 SF 0 35'70'140' SCALE: 1" = 70'-0"NORTH SEE ENLARGEMENT