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Home My Public Portal About05.16.2023 City Council Meeting Packet Posted 5/12/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, May 16, 2023 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 May 2, 2023, Work Session Meeting B. Minutes of the May 2, 2023, Regular City Council Meeting V. CONSENT AGENDA A. Approve 2023-2024 Liquor License Renewals B. Approve Resolution Accepting Resignation of Police Officer Andrew Scharf and Approve Recruitment of the Vacant Police Officer Position C. Approve Easement Agreement with Nancy Jean and Roger S. Miller for Hackamore Road Project D. Approve Easement Agreement with Marilyn Larson for Hackamore Road Project E. Approve an Ordinance Amending the Official Zoning Map to Rezone Lots 1 and 2, Block 1, Cates Industrial Park F. Approve Resolution Granting Preliminary Plat Approval for Cates Industrial Park G. Approve Resolution Granting Site Plan Review Approval for Cates Industrial Park VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Amendment to Hamel Community Building Maintenance & Operations Agreement B. Green River Greening Grant Opportunity - Medina Lake Preserve VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN Meeting Rules of Conduct to Address the City Council: • Fill out & turn in comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: May 11, 2023 DATE OF MEETING: May 16, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve 2023-2024 Liquor License Renewals – Businesses have applied to renew their liquor licenses effective July 1, 2023, through June 30, 2024. Staff recommends approval of the liquor license renewals. See attached memo. B. Approve Resolution Accepting the Resignation of Police Officer Andrew Scharf and Approve Recruitment of the Vacant Police Officer Position – Police Officer Andrew Scharf has resigned from his position and his last day will be May 18, 2023. Staff recommends approval of his resignation and requests authorization to begin the hiring process for the vacant position. See attached resolution. C. Approve Easement Agreement with Nancy Jean and Roger S. Miller for Hackamore Road Project – The Hackamore Road improvement plans identify the need for permanent right-of-way and drainage and utility easements upon certain properties, as well as a series of temporary construction easements to implement the project. The City Council discussed acquisition of these easements in a closed session at the February 7, 2023 meeting. Staff has engaged with the owners as discussed with Council and drafted the easement agreement per Council direction. Staff recommends approval. See attached agreement. D. Approve Easement Agreement with Marilyn Larson for Hackamore Road Project – The Hackamore Road improvement plans identify the need for permanent right-of-way and drainage and utility easements upon certain properties, as well as a series of temporary construction easements to implement the project. The City Council discussed acquisition of these easements in a closed session at the February 7, 2023 meeting. Staff engaged with the owner as discussed with Council and drafted the easement agreement per Council direction. Staff recommends approval. See attached agreement. 2 E. Approve an Ordinance Amending the Official Zoning Map to Rezone Lots 1 and 2, Block 1, Cates Industrial Park – The ordinance amendment is consistent with the City Council direction from the April 18, 2023 Council Meeting. Staff recommends approval. See attached ordinance. F. Approve Resolution Granting Preliminary Plat Approval for Cates Industrial Park– The resolution granting preliminary plat is consistent with the City Council direction from the April 18, 2023 Council Meeting. Staff recommends approval. See attached resolution. G. Approve Resolution Granting Site Plan Review Approval for Cates Industrial Park – The resolution granting site plan review approval is consistent with the City Council direction from the April 18, 2023 Council Meeting. Staff recommends approval. See attached resolution. VII. NEW BUSINESS A. Amendment to Hamel Community Building Maintenance and Operations Agreement – Christine Schindler took over as the Hamel Community Building Facilities Manager in June of 2020. She has requested an adjustment to her compensation based on the increased number of hours required to facilitate the Hamel Community Building. On average, Christine works 2.5 to 3 hours per day, 7 days a week, being compensated around $8/hour currently. The agreement in place with the Hamel Lions was last revised in 2013. Medina currently pays a monthly fee of $350 for maintenance & operations + $175 for cleaning. The Hamel Lions pay $300/month to the Facility Manager. Staff is recommending an increase of $1,000 a month, increasing compensation to $21/hour and that the agreement be paid back retroactively to the 1st of January 2023. Staff highly values the role that Christine Schindler provides at the Hamel Community Building. The Hamel Community Building amenity would not be available to our community without her work on nights and weekends. Potential Motion: Move to approve the amendment to the Hamel Community Building Maintenance and Operations Agreement. B. Green River Greening Grant Opportunity - Medina Lake Preserve –Staff was directed in February to inquire about a partnership opportunity with Great River Greening (GRG) by the Park Commission. Lisa DeMars and Steve Scherer met with GRG for consideration to be included in their projects plan for State proposals. Staff decided to focus on the 14 acres of trees located in Medina Lake Preserve for forest re-establishment and enhancement. Staff coordinated a site visit in April and met with GRC again on May 10th to review their 3 5-year work plan proposal. The grant project submittal is a 1.5-year process. Hearings are set for September, October, December, and March 2024 where the proposed project will be discussed and ultimately a final recommendation will be made. Upon finalized funding, GRG will draft a cooperative agreement for the City’s review and approval. The City will then have two weeks to respond. Staff is requesting Council discussion and direction. Potential Motion: Motion to direct staff to draft a letter of recommendation to Great River Greening in support of their proposed forest restoration 5-year work plan for Medina Lake Preserve. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006819E-006845E for $118,046.38, order check numbers 054280-054347 for $422,567.72, payroll EFT 0512702-0512737 for $68,256.21. INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Work Session Minutes 1 May 2, 2023 DRAFT 1 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES 2 OF MAY 2, 2023 3 4 The City Council of Medina, Minnesota met in work session on May 2, 2023, at 5:30 5 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. 6 7 I. Call to Order 8 9 Members present: Martin, Albers, Cavanaugh, DesLauriers, Reid (arrived 5:52) 10 Members absent: None 11 Also present: City Administrator Scott Johnson, City Attorney Dave Anderson, 12 Public Works Director Steve Scherer, Planning Director Dusty Finke, Public Safety 13 Director Jason Nelson, City Clerk Caitlyn Walker, and Finance Director Erin Barnhart 14 15 II. Common Bond TIF Update and Fee Reduction Request 16 The City Council reviewed a fee reduction request for an affordable housing development 17 project by Common Bond. City Administrator Johnson explained the topic of discussion 18 tonight is the fee waiver request and that the Tax Increment Finance (TIF) request will be 19 reviewed at the June 6th Medina Economic Development Authority meeting. Finke 20 provided an overview of a previous discussion by the City Council discussing a potential 21 policy in which the City would utilize a formula in which the City would provide $2,300 22 of fee waivers per unit of housing that helps the City meet its affordable housing goals. 23 Finke explained the fee waivers would be funded by the City’s affordable housing fund. 24 Finke requested feedback from the Council on their interest in a resolution or letter of 25 support for the fee waivers for Common Bond. The City Council generally expressed 26 support for the fee waivers for Common Bond. Staff will present a resolution or letter of 27 support at an upcoming City Council meeting. 28 29 III. DDA Classification and Compensation Discussion 30 City Staff have been working with DDA Human Resources, Inc. to update the city staff 31 classification and compensation structure. Mark Goldberg of DDA Human Resources, 32 Inc. presented the study results. Goldberg explained that the study compared the wages of 33 City of Medina staff with the wages of similar positions in comparable cities. Goldberg 34 explained that roles can be above or below market in different cities for various reasons, 35 but the goal is to have all positions be in the market. Goldberg highlighted that benefits 36 impact employee’s total compensation and there are a lot of variances in benefits between 37 comparable cities. Goldberg explained that overall, the staff wages in Medina are very 38 competitive. Some positions are slightly above market, and some management positions 39 are slightly below market. He also noted that the market is expected to continue to change 40 throughout 2023. 41 42 The City Council questioned if the current job scoring structure is the best option. 43 Goldberg and Finance Director Barnhart explained that the city uses the Modified 44 Princeton classification system which is a very common structure in cities and counties. 45 Medina City Council Work Session Minutes 2 May 2, 2023 Currently, there is a compression of wages and positions in the top half of the structure. 1 An alternative structure could have the potential to alleviate some of the compression. 2 The Council questioned if the Police Department could be on a separate compensation 3 structure from the rest of the staff. The Council expressed wanting job hazards and other 4 safety risks to be considered in the compensation structure. Goldberg and Barnhart 5 explained that an additional structure could be possible, however, it does not solve the 6 compression issue because Police Officer wages still need to fit within the hierarchy of 7 wages in which supervisors earn higher wages than the positions they supervise. Barnhart 8 explained she is researching potential alternative structures. 9 10 The Council asked Goldberg for his recommendation for changes to position wages based 11 on the study. Goldberg recommended increasing the Patrol Officer position and all 12 positions above Patrol Officer in the structure by about five percent. He highly 13 encouraged that they do not change just a few positions because there can be issues when 14 reporting for pay equity. Council requested budget scenarios of Goldberg’s 15 recommendation and of the police union wage increase request. Staff will provide these 16 scenarios at an upcoming meeting. 17 18 IV. Adjournment 19 Albers made a motion to adjourn the meeting at 7:05 p.m. on May 2, 2023. DesLauriers 20 seconded the motion. Motion passed unanimously. 21 22 23 _________________________ 24 Kathleen Martin, Mayor 25 Attest: 26 27 28 ____________________________ 29 Caitlyn Walker, City Clerk 30 31 Medina City Council Meeting Minutes May 2, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 2, 2023 3 4 The City Council of Medina, Minnesota met in regular session on May 2, 2023 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 10 11 Members absent: None. 12 13 Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 14 Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City 15 Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police 16 Jason Nelson. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:01 p.m.) 24 25 A. Approval of the April 18, 2023 Work Session City Council Meeting Minutes 26 Moved by Albers, seconded by DesLauriers, to approve the April 18, 2023 work session 27 City Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the April 18, 2023 Regular City Council Meeting Minutes 30 Martin noted that prior to the meeting Johnson circulated one proposed change for 31 incorporation. 32 33 Moved by Albers, seconded by DesLauriers, to approve the April 18, 2023 regular City 34 Council meeting minutes as amended. Motion passed unanimously. 35 36 V. CONSENT AGENDA (7:02 p.m.) 37 38 A. Approve 2022 Annual Report 39 B. Appoint Grace Illingworth to Youth Park Commission Seat 40 Martin invited Grace Illingworth to introduce herself. 41 42 Ms. Illingworth introduced herself and stated that she is very excited to be joining the 43 Park Commission as a youth member. 44 45 Martin thanked everyone that assisted in drafting the Annual Report. 46 47 Moved by DesLauriers, seconded by Reid, to approve the consent agenda. Motion 48 passed unanimously. 49 50 Medina City Council Meeting Minutes May 2, 2023 2 VI. COMMENTS (7:04 p.m.) 1 2 A. Comments from Citizens on Items not on the Agenda 3 There were none. 4 5 B. Park Commission 6 Scherer stated that the Park Commission met the previous week to discuss seating 7 areas for Lakeshore Park and recognized the outgoing youth member Katia Cavanaugh. 8 He stated that there was representation from the Commission at Medina Clean Up Day 9 and comment cards were distributed to gather input on a new park. He stated that the 10 park tour will take place on May 17th. 11 12 C. Planning Commission 13 Finke reported that the Planning Commission will not be holding a May meeting. 14 15 VII. PRESENTATIONS (7:07 p.m.) 16 17 A. County Commissioner Kevin Anderson 18 County Commissioner Kevin Anderson introduced himself noting that he was elected in 19 2020 and reviewing his committee assignments. He highlighted the priorities that he has 20 focused on during his time in office. He provided an update on broadband expansion, 21 infrastructure, work with veterans, mental health support, business support, and 22 community outreach. He also provided an update on the programs and initiatives they 23 have been working on including Elevate Hennepin, road improvements, and budgeting. 24 25 Martin commented that Medina staff has continued to work to bring reliable internet 26 service to the community. She expressed concern that as Medina residents pay for 27 service, that company uses the funds to reinvest in infrastructure in other areas and/or 28 new developments rather than reinvesting in the other areas of the community. She 29 noted that other communities have services available through cellular phone providers 30 but that service is not yet available in Medina. 31 32 Anderson stated that he could provide contacts that he has for those providers as well 33 as other resources. 34 35 Johnson provided some of the challenges the City has experienced. 36 37 Martin noted that Medina residents continue to pay the same rate for poor service as 38 other area communities do for good service. 39 40 Anderson provided more details on the updated definition of broadband noting that may 41 solve the issue of DSL service challenges. He stated that he would work with Medina in 42 an attempt to address the issue. 43 44 VIII. NEW BUSINESS 45 46 A. Stormwater Pollution Prevention Pan – Public Hearing (7:24 p.m.) 47 Johnson noted that an annual public hearing is required for the City’s Stormwater 48 Pollution Prevention Plan (SWPPP). 49 50 Medina City Council Meeting Minutes May 2, 2023 3 Scherer reviewed projects that were completed in the past year, future goals, and new 1 MS4 permit mandates. He reviewed the minimum control measures and highlighted 2 information on public education, public participation, illicit discharge, management of 3 construction site runoff, management of post construction site runoff, and housekeeping 4 items of municipal operations. He reviewed the partnering agencies the City works with 5 related to stormwater management. 6 7 Martin appreciated the report and expressed thanks for the dedication of City staff. She 8 stated that perhaps there would be opportunities to incorporate volunteers. 9 10 Martin opened the public hearing. 11 12 Martin recognized Pat Wulff for the things she has done to enhance water quality in 13 Medina. 14 15 Martin closed the public hearing. 16 17 B. Loram/Scannell Final Plat (7:39 p.m.) 18 Johnson stated that the applicant has brought forward the request for final plat which 19 appears to be consistent with preliminary plat with the exception of the requested 20 changes. 21 22 Finke presented the final plat request and confirmed that the only changes that have 23 been made since preliminary plat have been to address the comments made at 24 preliminary plat. He stated that only three of the lots are proposed for development and 25 displayed the approved site plan. He noted that the staff report provides details on how 26 the conditions have or would be met. He reviewed the recommended trail easements 27 and remaining park dedication payment. He stated that staff recommends a petition and 28 waiver for street improvements that may be conducted as a public improvement in the 29 future and provided details on that condition. He also provided specific dollar amounts 30 to be included within the development agreement. 31 32 Cavanaugh asked what the maximum park dedication would be. 33 34 Finke stated that the maximum dollar amount for park dedication under the City’s 35 ordinance would be $320,000 and explained how the proposed park dedication was 36 calculated. 37 38 Anderson stated that the $320,000 comes from a formula that the Court of Appeals 39 states cannot be used. He stated that commercial park dedication is currently under 40 review by the Supreme Court. He noted that staff has reviewed the justification for park 41 dedication based on the demand that this development would place on the system. He 42 commented that the full amount of $320,000 would not be legally justifiable. 43 44 Finke stated that they have had discussions and have come to agreement with the 45 property owner on the park dedication as proposed. 46 47 Cavanaugh asked what amount of park dedication would be supportable if the city did 48 not take any of the property. 49 50 Medina City Council Meeting Minutes May 2, 2023 4 Finke stated that he looked at the combination of the land and park dedication fees. He 1 stated that he believes that a fairly high number could be justified based on the City’s 2 parks and trails plan. 3 4 Cavanaugh commented that he would be hesitant to give up park dedication fees 5 without a guarantee from Three Rivers Park District for the trail easements. 6 7 Martin noted that the easement is over undeveloped land so the dollar value would be 8 nominal. 9 10 Cavanaugh commented that they are giving up park dedication between the two sites. 11 12 Finke stated that staff believes that this is a good balance for park dedication for this 13 project. 14 15 Cavanaugh asked the number that is being given up for the easement. He commented 16 that it should be the responsibility of Three Rivers to obtain that easement. 17 18 Finke stated that the pedestrian crossing of Highway 55 is important for the whole 19 process and as an amenity for the City, therefore it is a benefit to have the flexibility to 20 provide for that. He commented that there is a risk that location will not be utilized or 21 reimbursed in the same manner, but there is benefit to having those land rights in place 22 to make the project more economically feasible. 23 24 Cavanaugh commented that he does not disagree and supports the pedestrian crossing 25 but did not believe that the City giving up park dedication would make a difference in 26 whether that project goes forward. 27 28 Finke commented that in having spent eight months trying to obtain three feet of 29 roadway along Hackamore that would have marginal impact to property owners, he 30 would be concerned with not taking this opportunity to secure the easement. 31 32 Cavanaugh asked what the City would be giving up in terms of park dedication fees. 33 34 Finke replied that even if the maximum park fee were considered under the current 35 policy it would be a total of $270,000. 36 37 Martin noted that policy is not legally conforming and therefore staff has done its best to 38 determine the impact of this development on the park system which has equated to 39 $66,000 in cash and a trail easement along Arrowhead. 40 41 Cavanaugh commented that the City is giving up something for the easement area and 42 asked what that would be. 43 44 Finke replied that Anderson has provided details on his interpretation of the legal status 45 of park dedication for commercial properties and how that relates to the City’s policy. 46 47 Anderson replied that cities cannot plug a number into a formula for a commercial plat 48 and assume that is what it would be entitled to; the City would have to establish a rough 49 proportionality between the commercial development and the demand that would place 50 on the park system. He stated that would be difficult to determine on a per acre basis. 51 Medina City Council Meeting Minutes May 2, 2023 5 He stated that under the City’s current policy, a commercial property would be required 1 to pay a higher rate than residential development when residential properties would 2 place a much larger burden on the City’s park system. He stated that until the Supreme 3 Court makes its ruling, staff has been attempting to balance the needs of the community 4 versus the amount that could be justified. He stated that it would be almost impossible 5 to know an exact number because of all the factors at play and lack of guidance in 6 determining that number at this time. He stated that staff has also been working with 7 Three Rivers Park District to plan for the regional trail. He recognized that is a hard 8 concept to apply because they cannot easily establish what would be given up. 9 10 Martin commented that the two trail easements and the payment of $66,000 seems to 11 adequately address the impact this development would have on the parks system. 12 13 Finke stated that if the City wants to be supportive of this asset to the community, he 14 would caution against telling the Park District to obtain its own easements when the City 15 has the opportunity to secure necessary easements. He stated that having the land 16 available provides more value than the dollars that would be received through cash 17 payment as the regional trail will be an asset to Medina. He commented that staff also 18 believes that this calculation is justifiable. 19 20 Anderson provided more details on the court case that triggered the Supreme Court 21 review, noting that was a small development that was charged a park dedication fee of 22 about $11,000. He commented that while the City will need to update its policy, they are 23 awaiting the decision from the Supreme Court in order to have that guidance. 24 25 Martin asked the Council for their position on the park dedication. 26 27 Albers and Reid commented that they did not have issue with the park dedication as 28 proposed. 29 30 DesLauriers stated that he also supports the proposed park dedication but also shared 31 the concern of Cavanaugh. He stated that after hearing the additional information from 32 staff tonight he agrees this should move forward. He noted that the Cates development 33 will soon follow and asked if there has been a calculation determined for that project. 34 35 Finke stated that staff will present a proposed figure that would be in line with what was 36 determined in this case but noted that there is not unbuildable land in that development 37 request. 38 39 Cavanaugh stated that although he would have liked to know what was being given up, 40 he does support moving forward. 41 42 Martin asked if there is a specific number or inflationary factor that would be built into the 43 petition and waiver. 44 45 Finke replied that there would be a percentage of cost allocated that would include a 46 maximum amount. 47 48 1. Resolution Granting Final Plat Approval for Loram Industrial 49 Addition 50 Medina City Council Meeting Minutes May 2, 2023 6 Moved by Albers, seconded by DesLauriers, to adopt the resolution granting final plat 1 approval for Loram Industrial Addition. Motion passed unanimously. 2 3 2. Development Agreement 4 Moved by DesLauriers, seconded by Albers, to approve the Development Agreement by 5 and between the City of Medina and Loram Maintenance of Way, Inc. and SP Loram 6 Medina JV, LLC. Motion passed unanimously. 7 8 C. 3844 Linden Drive E. Medina Highlands PUD Amendment (8:10 p.m.) 9 Johnson stated that the applicant is requesting an amendment to the PUD for the 10 Medina Highlands design standards only for the property at 3844 Linden Drive E to 11 support construction of a deck. 12 13 Finke stated that ultimately there was a building standard that specified that a deck 14 would not extend past the house, which made sense for the homes in this area with the 15 exception of this home. He stated that the Planning Commission held a public hearing 16 and agreed with the staff recommendation to approve the request. 17 18 Martin noted that this is a uniquely situated property and therefore the amendment 19 seems to make sense. 20 21 1. Ordinance Amending the Medina Highlands PUD District Related to 22 3844 Linden Drive E. 23 Moved by DesLauriers, seconded by Albers, to adopt the ordinance amending the 24 Medina Highlands Planned Unit Development District related to 3844 Linden Drive E. 25 Motion passed unanimously. 26 27 2. Resolution to Publish Ordinance by Title and Summary 28 Moved by DesLauriers, seconded by Reid, to adopt the resolution to publish the 29 ordinance by title and summary. Motion passed unanimously. 30 31 IX. APPROVAL TO PAY THE BILLS (8:13 p.m.) 32 Moved by Albers, seconded by Martin, to approve the bills, EFT 006808E-006818E for 33 $28,768.37, order check numbers 054250-054279 for $249,590.92, and payroll EFT 34 0512671-0512701 for $67,362.83. Motion passed unanimously. 35 36 X. CITY ADMINISTRATOR REPORT (8:14 p.m.) 37 Johnson thanked public works staff, City Council, other City staff, public safety and 38 others that assisted with Clean Up Day. 39 40 Scherer noted that it is always a great community event and after review of the data he 41 could provide an event summary to the Council. 42 43 Johnson and Nelson stated that there have been some vehicle and home break ins 44 recently and encouraged residents to lock their vehicles and homes. 45 46 XI. MAYOR & CITY COUNCIL REPORTS (8:16 p.m.) 47 Martin commented that she attended breakfast with Representative Phillips this morning 48 and was able to hear about issues that different communities are facing. She stated that 49 the following morning she, Johnson and Nelson will be attending the future fire district 50 discussion. 51 Medina City Council Meeting Minutes May 2, 2023 7 1 XII. ADJOURN 2 Moved by DesLauriers, seconded by Cavanaugh, to adjourn the meeting at 8:18 p.m. 3 Motion passed unanimously. 4 5 6 7 __________________________________ 8 Kathleen Martin, Mayor 9 Attest: 10 11 ____________________________________ 12 Caitlyn Walker, City Clerk 13 1 TO: Medina Mayor and City Council FROM: Caitlyn Walker, City Clerk/Assistant to the City Administrator DATE: May 10, 2023 MEETING: May 16, 2023 SUBJECT: Liquor License Renewals The following businesses have applied to renew their liquor licenses effective July 1, 2023, through June 30, 2024. All have submitted their renewal paperwork, payment, and have passed a criminal background check. City Council Action Requested: Approval of the liquor license renewals listed below: Establishment Classification License Type Medina Recreations Inc. (DBA: Medina Entertainment Center) Restaurant/Bowling Alley On Sale – Class A Off Sale Sunday Medina CC, LLC (DBA: Medina Golf Country Club) Restaurant/Golf Course On Sale – Class A Sunday R.M.T. Inc. (DBA: Inn Kahoots) Restaurant On Sale – Class D Off Sale Sunday Start Fresh Corporation (DBA: Our American Kitchen/OAK Eatery) Wine & Strong Beer Wine On Sale 3.2 American Legion 392 (DBA: John Pohlker Post) 3.2 Malt Beverage & Beer On Sale 3.2 Holiday Stationstores (DBA: Hwy 55 Liquors) Liquor Store Off Sale Target Corporation (DBA: Target Store T-2223) Liquor Store Off Sale Three Rivers Park District (DBA: Baker National Golf Course) 3.2 Malt Beverage & Beer Wine On Sale 3.2 MEMORANDUM Agenda Item #5A 2 The following businesses have not submitted their renewal paperwork and/or payment. I would like to request Council authorization to administratively issue their liquor license renewal upon receipt of their paperwork and payment. Liquor Depot Inc. Liquor Store Off Sale AGH Ventures LLC (DBA: X- Golf) Restaurant On Sale Sunday Resolution No. 2023- May 16, 2023. Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION ACCEPTING RESIGNATION OF POLICE OFFICER ANDREW SCHARF WHEREAS, Andrew Scharf began employment with the City of Medina as a Community Service Officer in the Police Department on September 21, 2016; and WHEREAS, Scharf was promoted to a full-time Police Officer in the Police Department on August 16, 2017; and WHEREAS, on May 5, 2023, Scharf submitted a letter of resignation from his position addressed to Public Safety Director Jason Nelson; and WHEREAS, Scharf’s resignation from his position is effective May 18, 2023. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Andrew Scharf’s letter of resignation is hereby accepted. Dated: May 16, 2023. ______________________________ 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 #5B 1 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the “Instrument”) is made and entered into this ___ day of _________________, 2023, by and between Nancy Jean and Roger S. Miller, married to each other (collectively, “Grantor”), and the city of Medina, a Minnesota municipal corporation (the “City”). Recitals A. Grantor is fee owner of certain real property located in Hennepin County and legally described on the attached Exhibit A (the “Property”). B. The City intends to undertake a public project to improve Hackamore Road (the “Project”), which is adjacent to the Property. C. To facilitate the Project, and in exchange for the monetary consideration provided herein, Grantor desires to grant to the City (i) a permanent drainage and utility easement over, under, across and through the portion of the Property legally described on Exhibit B attached hereto (the “D&U Easement Area”), and (ii) a temporary construction easement over, under, across and through the portion of the Property legally described on Exhibit C attached hereto (the “Temporary Construction Easement Area”), all according to the terms and conditions contained herein. D. The D&U Easement Area and the Temporary Construction Easement Area (collectively, the “Easement Areas”) are depicted on Exhibit D attached hereto. E. Grantor previously granted a permanent, non-exclusive right-of-way easement over, under, across and through a portion of the Property. This easement was dated March 21, 2023, and was recorded in the Hennepin County Registrar of Titles as document no. 6005322 on March 29, 2023. The location of this easement previously granted is also depicted on Exhibit D attached hereto. Easement Agreement 1. Grant of Easements. In consideration of payment from the City in the amount of $3,898.40, Grantor grants and conveys to the City (i) a permanent, non-exclusive drainage and utility easement over, under, across and through the D&U Easement Area, and (ii) a temporary construction easement over, under, across and through the Temporary Construction Easement Area. Said easements shall take effect upon the City’s payment to Grantor in the amount Agenda Item #5C 2 provided above, and the City agrees to thereafter record this Instrument in Hennepin County land records at its sole cost. 2. Scope of Easements. The permanent, non-exclusive drainage and utility easement granted herein includes the right of the City, its contractors, agents, and employees to enter the D&U Easement Area at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing public utilities, drainage ways and stormwater facilities. The temporary construction easement granted herein includes the right of the City, its contractors, agents, employees, vehicles and equipment to enter the Temporary Construction Easement Area at all reasonable times for the purposes of adjacent right-of-way construction, grading, sloping, restoration purposes, and all purposes ancillary thereto. The easements granted herein also include the right to cut, trim, or remove from the Easement Areas any trees, shrubs, or other vegetation as in the City’s judgment unreasonably interfere with said easements or facilities of the City, its successors or assigns, as well as the right to deposit earthen materials within the Easement Areas and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the Project. Notwithstanding the foregoing, the City agrees to plant one tree on the Property per every tree that is eight inches or more in diameter and removed from the Property to accommodate the Project, and the location of said replacement trees shall be determined by the City after consultation with Grantor. 3. Warranty of Title. Grantor warrants that it owns the Property and has the right, title, and capacity to convey to the City the easements granted herein. 4. 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 prior to the effective date of this Instrument, unless the City contributed to such prior release or threat of release. 5. Instrument Runs with the Land; Duration of Temporary Construction Easement. This Instrument shall run with the title to the Property and shall inure to the benefit of and be binding upon Grantor and the City and their respective heirs, successors and assigns, including, but not limited to all subsequent owners of the Property. Notwithstanding the foregoing, the temporary construction easement granted herein shall automatically terminate upon the earlier of (i) the completion of the Project and all associated restoration work; or (ii) August 31, 2025. [Signature Pages to Follow] 3 IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed on the day and year first above written. GRANTOR: By: ____________________________ Nancy Jean By: ____________________________ Roger S. Miller STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of __________, 2023, by Nancy Jean and Roger S. Miller, married to each other. ________________________________ Notary Public 4 CITY OF MEDINA: By: ____________________________ Kathleen Martin Its: Mayor By: ____________________________ Scott T. Johnson Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2023, by Kathleen Martin, mayor of the city of Medina, a Minnesota municipal corporation, on behalf of the city. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2023, by Scott T. Johnson, city administrator of the city of Medina, a Minnesota municipal corporation, on behalf of the city. ________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (DTA) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 A-1 EXHIBIT A Legal Description of the Property The West 660 feet of the East 990 feet of the North 1/2 of the Northwest Quarter of the Northwest Quarter of Section 1, Township 118, Range 23. (Torrens Property, Certificate No. 1510131) (Hennepin County PID 0111823220002) B-1 EXHIBIT B Legal Description of the Drainage and Utility Easement Area A permanent easement for drainage and utility purposes over, under and across the south 2.00 feet of the north 29.00 feet of the east 176.00 feet and the south 2.00 feet of the north 27.00 feet except the east 176.00 feet of the following described parcel: The West 660 feet of the East 990 feet of the North 1/2 of the Northwest Quarter of the Northwest Quarter of Section 1, Township 118 North, Range 23 West, Hennepin County, Minnesota. C-1 EXHIBIT C Legal Description of the Temporary Construction Easement Area A temporary easement for construction purposes over, under and across the south 7.00 feet of the north 34.00 feet of the west 68.00 feet and the south 5.00 feet of the north 32.00 feet of the east 40.00 feet of the west 193.00 feet and the south 5.00 feet of the north 32.00 feet of the west 40.00 feet of the east 260.00 feet and the south 8.00 feet of the north 35.00 feet of the west 42.00 feet of the east 218.00 feet and the south 7.00 feet of the north 36.00 feet of the east 80.00 feet of the following described parcel: The West 660 feet of the East 990 feet of the North 1/2 of the Northwest Quarter of the Northwest Quarter of Section 1, Township 118 North, Range 23 West, Hennepin County, Minnesota. D-1 EXHIBIT D Depiction of the Easement Areas 1 ME230-788-855603.v2 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the “Instrument”) is made and entered into this ___ day of _________________, 2023, by and between Marilyn Andrea Larson, a single person (the “Grantor”), and the city of Medina, a Minnesota municipal corporation (the “City”). Recitals A. Grantor is fee owner of certain real property located in Hennepin County and legally described on the attached Exhibit A (the “Property”). B. The City intends to undertake a public project to improve Hackamore Road (the “Project”), which is adjacent to the Property. C. To facilitate the Project, and in exchange for the monetary consideration provided herein, Grantor desires to grant to the City (i) a permanent easement for public right-of-way over, under, across and through the portion of the Property legally described on Exhibit B attached hereto (the “Right-of-Way Easement Area”) and (ii) a permanent drainage and utility easement over, under, across and through the portion of the Property legally described on Exhibit C attached hereto (the “D&U Easement Area”), all according to the terms and conditions contained herein. D. The Right-of-Way Easement Area and the D&U Easement Area (collectively, the “Easement Areas”) are depicted on Exhibit D attached hereto. Easement Agreement 1. Grant of Easements. In consideration of payment from the City in the amount of $78,000.00, Grantor grants and conveys to the City (i) a permanent, non-exclusive right-of-way easement over, under, across and through the Right-of-Way Easement Area, and (ii) a permanent, non- exclusive drainage and utility easement over, under, across and through the D&U Easement Area. Said easements shall take effect upon the City’s payment to Grantor in the amount provided above, and the City agrees to thereafter record this Instrument in Hennepin County land records at its sole cost. 2. Scope of Easements. The permanent, non-exclusive right-of-way easement granted herein includes the right of the City, its contractors, agents, and employees to enter the Right-of-Way Agenda Item #5D 2 ME230-788-855603.v2 Easement Area at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing therein a public roadway, storm sewer, sanitary sewer and water facilities, ground surface drainage ways and sidewalk and trail, and other public facilities or improvements that are not inconsistent with use as a public right-of-way. The permanent, non-exclusive drainage and utility easement granted herein includes the right of the City, its contractors, agents, and employees to enter the D&U Easement Area at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing public utilities, drainage ways and stormwater facilities. The easements granted herein also include the right to cut, trim, or remove from the Easement Areas any trees, shrubs, or other vegetation as in the City’s judgment unreasonably interfere with said easements or facilities of the City, its successors or assigns, as well as the right to deposit earthen materials within the Easement Areas and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the Project. 3. Berm; Right of Entry. As part of the Project, Grantor has requested that the City simultaneously construct a berm on portions of the Property that may be outside of the Easement Areas (the “Berm”), and the City is willing to do so. Said Berm will be field-fit during Project construction, approximately three feet tall and six feet wide, and will be located entirely east of Grantor’s existing driveway and run east-west along Hackamore Road. The City will communicate with Grantor throughout Project construction to determine the specific size and location of the Berm, and the parties understand that those details will depend on the Project and various site conditions which are presently unknown. For the purpose of constructing the Berm, Grantor hereby grants to the City a limited, non-exclusive license to enter upon the Property for the purpose of constructing the Berm. The right of entry permitted herein shall extend only to such portions of the Property as are reasonably necessary to construct the Berm, and such right of entry shall automatically terminate upon the Berm’s completion. Following said completion, the Berm shall become the sole property of Grantor, irrespective of its final location, and the City will have no ongoing duties or obligations related to the Berm. 4. Warranty of Title. Grantor warrants that it owns the Property and has the right, title, and capacity to convey to the City the easements granted herein. 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 prior to the effective date of this Instrument, unless the City contributed to such prior release or threat of release. 3 ME230-788-855603.v2 6. Instrument Runs with the Land. This Instrument shall run with the title to the Property and shall inure to the benefit of and be binding upon Grantor and the City and their respective heirs, successors and assigns, including, but not limited to all subsequent owners of the Property. [signature pages to follow] 4 ME230-788-855603.v2 IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed on the day and year first above written. GRANTOR: By: ____________________________ Marilyn Andrea Larson STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of __________, 2023, by Marilyn Andrea Larson, a single person. ________________________________ Notary Public 5 ME230-788-855603.v2 CITY OF MEDINA: By: ____________________________ Kathleen Martin Its: Mayor By: ____________________________ Scott T. Johnson Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2023, by Kathleen Martin, mayor of the city of Medina, a Minnesota municipal corporation, on behalf of the city. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2023, by Scott T. Johnson, city administrator of the city of Medina, a Minnesota municipal corporation, on behalf of the city. ________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (DTA) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 A-1 ME230-788-855603.v2 EXHIBIT A Legal Description of the Property The West 365 feet of the East 599 feet of the North 630 feet of the Northeast ¼ of the Northwest ¼ of Section 1, Township 118 North, Range 23 West, of the 5th Principal Meridian, Hennepin County, Minnesota. (Abstract Property) (Hennepin County PID 0111823210005) B-1 ME230-788-855603.v2 EXHIBIT B Legal Description of the Right-of-Way Easement Area A permanent easement for right of way purposes over, under and across the north 35.00 feet of the following described parcel: The West 365 feet of the East 599 feet of the North 630 feet of the Northeast Quarter of the Northwest Quarter of Section 1, Township 118 North, Range 23 West, of the 5th Principal Meridian, Hennepin County, Minnesota. C-1 ME230-788-855603.v2 EXHIBIT C Legal Description of the D&U Easement Area A permanent easement for drainage and utility purposes over, under and across the south 14.00 feet of the north 49.00 feet of the following described parcel: The West 365 feet of the East 599 feet of the North 630 feet of the Northeast Quarter of the Northwest Quarter of Section 1, Township 118 North, Range 23 West, of the 5th Principal Meridian, Hennepin County, Minnesota. D-1 ME230-788-855603.v2 EXHIBIT D Depiction of the Easement Areas Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REZONE LOTS 1 AND 2, BLOCK 1, CATES INDUSTRIAL PARK THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The City of Medina (the “City”) has received a request to amend its zoning map to rezone PID 0411823140004 to the Business (B) zoning district. Section 2. The property to be rezoned will be legally described as follows upon the recordation of the Cates Industrial Park plat: Lots 1 and 2, Block 1, and Outlot A, Cates Industrial Park, Hennepin County, Minnesota (the “Property”). Section 3. Upon satisfaction of the conditions in Section 6 below, the official zoning map of the City of Medina shall be amended to change the zoning classification of the Property to Business (B). Section 4. The amendment to the zoning map is displayed on the map attached hereto as Exhibit A. Section 5. A copy of this Ordinance and the updated map shall be kept on file at the Medina City Hall. Section 6. This Ordinance shall be effective upon its passage and publication and the recording of the Cates Industrial Park plat. Section 7. The City of Medina Zoning Administrator is hereby directed to make the appropriate changes to the official zoning map of the City of Medina to reflect the change in zoning classifications as set forth above upon recording of the Cates Industrial Park plat. Adopted by the Medina City Council this ____ day of _____, 2023. CITY OF MEDINA By: Kathleen Martin, Mayor Attest: By: Caitlyn Walker, City Clerk Published in the Crow River News on this _______ day of _________________, 2023. Agenda Item #5E Ordinance No. ### 2 DATE EXHIBIT A Map Displaying Rezoning Location of Property to be zoned to Business (B) Resolution No. 2023-## DATE Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR CATES INDUSTRIAL PARK WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Jeffrey S. Cates (the “Owner”) owns property located at 2575 Cates Ranch Drive, east of Willow Drive and north of Chippewa Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, Oppidan Investment Company, Inc. (the “Applicant”) has requested preliminary approval of a plat to subdivide the Property into two lots for industrial/warehouse development and an outlot to contain common improvements and space; and WHEREAS, the preliminary plat is tentatively proposed to be called Cates Industrial Park; and WHEREAS, on March 14, 2023, the Planning Commission held a duly noticed public hearing, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the preliminary plat subject to a series of terms and conditions; and WHEREAS, on April 18, 2023, the City Council reviewed the proposed preliminary plat, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact regarding the preliminary plat based on the requirements of the Subdivision Ordinance: a. The proposed preliminary plat is not in conflict with the Comprehensive Plan and is not premature for consideration. b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. c. That the site is physically suitable for the proposed density of development and meets minimum lot size standards. d. The proposed subdivision is not likely to cause substantial environmental damage. e. The proposed subdivision is not likely to be injurious to public health. f. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. g. The proposed subdivision will generate more intensive uses, traffic, and activity in the area and the broader community, and the park dedication required below is based upon Agenda Item #5F Resolution No. 2023-## 2 May 16, 2023 the City’s prior study of its needs for new park, trail, and recreational facilities and the requirements established to address such needs. Said dedication provides a roughly proportionate estimate of the additional need for parks and recreational facilities generated by the proposed subdivision. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary plat approval for Cates Industrial Park, subject to the following terms and conditions: 1) The Applicant shall enter into a development agreement with the City, which shall include the conditions described below as well as other requirements by City ordinance or policy. 2) The Applicant shall install all improvements shown on the plans dated 5/5/2023, except as may be modified herein. The Applicant shall submit updated construction plans at the time of final plat application. The design of all improvements shall be subject to review and approval by the City Engineer prior to construction. 3) Approval shall be contingent upon dedication of public right-of-way over Outlot A, Cates Ranch as contemplated in the preliminary plat and upon a determination by the City Attorney that such dedication is clear of any title concerns or restrictions of use. 4) The Applicant shall enter into an agreement with the City related to Applicant’s responsibility for all maintenance of the portion of Cates Ranch Drive which provides access to the proposed development until such time that a public street is established by the City to continue past the proposed development to provide access to other nearby property. Said agreement shall meet all requirements of the City Attorney. 5) Preliminary approval is contingent upon approval of a wetland replacement plan to accommodate the proposed street improvements. 6) To satisfy park dedication, the Owner shall dedicate trail easements along the south, east, and west of the Property as indicated in the plans dated 5/5/2023 and pay to the City cash- in-lieu of additional dedication in an amount equal to 3.84% of the pre-developed market value determined by the City Council at the time of final plat review. 7) The plat shall dedicate drainage and utility easements as recommended by the City Engineer, including but not limited to, adjacent to the perimeter of the lots, over all water mains and hydrants, over public sanitary sewer mains and stormwater improvements, and over all wetland areas and drainageways. 8) The plat shall be subject to the City’s wetland protection ordinance, including provision of minimum required upland buffers adjacent to wetlands on the site and vegetation establishment, and the Applicant shall execute and record a Wetland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney. The Applicant shall submit documentation at the time of final plat application to confirm average buffer width requirements are met. The Applicant shall update buffer plans as necessary to meet relevant requirements. 9) The Applicant shall execute and record access easements or other instruments in a form and of substance acceptable to the City Attorney to provide adequate access and circulation between the lots to accommodate the Applicant’s proposed integrated development. 10) The Applicant shall submit a full tree survey and tree preservation and replacement plan at the time of final plat application. Construction plans shall be updated to provide any required tree replacement. Resolution No. 2023-## 3 May 16, 2023 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) Sewer and watermain improvements within the lots shall be privately maintained except for the 12” watermain loop and eastern portion sanitary sewer. The Applicant shall update plans to differentiate between public and private utility lines. 13) The Applicant shall provide full construction plans for the proposed improvements to Willow Drive and Chippewa Road, which are indicated on sheet C400 of the plans dated 5/5/2023, at the time of final plat application. These plans shall be subject to review and approval by the City Engineer and Minnesota Department of Transportation. The Applicant shall construct the turn lane and street improvements as part of the subdivision improvements. The Applicant’s preliminary plans indicate that the proposed improvements will require additional right-of-way and easements on other property which is owned by the Owner. The Owner shall grant right-of-way and easements to the satisfaction of the City to accommodate the proposed improvements, or the Applicant shall update the plat and plans to otherwise ensure that the improvements can be constructed within public right-of-way. 14) The Applicant shall provide for traffic camera infrastructure at the Highway 55/Willow Drive traffic signal as recommended by MnDOT. 15) The plat shall be updated to dedicate right-of-way as recommended by the City Engineer. 16) The Applicant shall submit a letter of credit in an amount of 150% of the cost of site improvements prior to commencing construction in order to ensure completion. 17) The Applicant shall provide a title commitment at the time of final plat application and abide by the recommendations of the City Attorney with regard to title matters. 18) The Applicant shall obtain all permits required by Elm Creek Watershed District, Minnesota Department of Transportation, the Minnesota Department of Health, the Minnesota Pollution Control Agency, the Metropolitan Council and any other relevant agencies. 19) The final plat application shall be filed within 180 days of the date of the resolution granting preliminary approval or the approval shall be considered void unless a written request for time extension is submitted by the applicant and approved by the City Council. 20) 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. Dated: May 16, 2023. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk Resolution No. 2023-## 4 May 16, 2023 The motion for the adoption of the foregoing resolution was duly seconded by member ________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-## 5 May 16, 2023 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Cates Ranch Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) Resolution No. 2023-## May 16, 2023 Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION GRANTING SITE PLAN REVIEW APPROVAL FOR CATES INDUSTRIAL PARK WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Jeffrey S. Cates (the “Owner”) owns property located at 2575 Cates Ranch Drive, east of Willow Drive and north of Chippewa Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, on May 17, 2023, the City has granted preliminary plat approval to Oppidan Investment Company, Inc. (the “Applicant”) to subdivide the Property into two lots for industrial/warehouse development and an outlot to contain common improvements and space; and WHEREAS, the Applicant has also requested site plan review approval for an integrated development of two buildings totaling approximately 310,000 square feet of warehouse/office space on the Property; and WHEREAS, on March 14, 2023, the Planning Commission reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the site plan review subject to a series of terms and conditions; and WHEREAS, on April 18, 2023, the City Council reviewed the proposed site plan review, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council has determined that the proposed development is consistent with relevant City requirements. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants site plan review approval, subject to the following terms and conditions: 1) The Site Plan Review shall be contingent upon final approval and recordation of the Cates Industrial Park plat. 2) The Site Plan Review shall be contingent upon approval and implementation of the Wetland Replacement Plan related to the proposed wetland impacts. 3) The Applicant shall install all improvements shown on the plans dated 5/5/2023 except as may be modified herein or by the resolutions related to review of the plat. The design of all improvements shall be reviewed and approved by the City Engineer prior to commencing construction. Agenda Item #5G Resolution No. 2023-## 2 May 16, 2023 4) The Applicant shall abide by City’s wetland protection ordinance, including provision of minimum required upland buffers adjacent to wetlands on the site and vegetation establishment, and the Applicant shall execute and record a Wetland Buffer Easement Agreement in a form and of substance acceptable to the City Attorney. The Applicant shall submit documentation at the time of final plat application to confirm average buffer width requirements are met. The Applicant shall update buffer plans as necessary to meet relevant requirements. 5) The Applicant shall update grading and stormwater plans to show that construction of proof- of-parking areas can be accommodated. The Applicant shall enter into a proof-of-parking agreement in a form and of substance acceptable to the City Attorney which obligates the Applicant to construct parking if deemed necessary by the City. 6) It is acknowledged that proposed parking is intended to accommodate warehousing as the principal and predominant use. Other uses shall not exceed 15% of the square footage of the structures unless the Applicant has provided evidence satisfactory to City staff, that adequate parking exists for such other uses. 7) It is acknowledged that the amount of parking, anticipated site layout, and projected uses on the site result from direct action of the Applicant for the sake of any future variance request. 8) The Applicant shall update the landscaping plans to provide 0.5 opacity to the north of the structures, update the location of trees along the east of parking lot of Lot 2, Block 1 so that proof of parking would not impact, and provide required tree replacement. 9) The Applicant shall update lighting plans such that light trespass shall not exceed 0.0 FC at the northern and eastern property line or 0.6 FC at other property lines. All parking lot and landscape lighting shall be downcast and shielded. 10) Signage shall be subject to review and approval by City staff at the time of sign permit application to ensure compliance with the City sign ordinance. 11) The Applicant shall provide evidence that the access point in the Outlot north of the site can be constructed as shown and that public right-of-way can be provided for future roadways and not be encumbered. 12) The Applicant shall submit building material specification for all facades of the proposed structure and materials shall meet the minimum standards of the B district. 13) The Applicant shall provide information on transformer, meter, and HVAC equipment and provide screening measures for review and approval. Any rooftop equipment shall be screened with elements which are compatible with the architectural design of the building, to the satisfaction of City staff. 14) The Applicant shall address the comments of the Elm Creek Watershed District. 15) All Applicant shall address the comments from the City Engineer. 16) All trash and recycling shall be stored within the buildings. If storage is proposed outside the building, location and enclosure shall be submitted for review and approved by staff for consistency with relevant zoning standards prior to storing outside. 17) The Applicant shall update plans to identify bicycle storage areas. 18) The Applicant shall provide turn lane improvements for Willow Drive and Chippewa Road as described in the traffic analysis and shall provide for camera monitoring system as recommended by MnDOT. 19) The Applicant shall install signage and take other measures to encourage trucks and most vehicles to utilize the northern shared access. Resolution No. 2023-## 3 May 16, 2023 20) The site plan review approval shall be effective for two years to begin construction on one of the buildings or shall thereafter shall be considered null and void. If construction is commenced within two years for one of the buildings, site plan review approval for the other building shall be effective for four years from the date of this resolution. 21) The Applicant shall obtain necessary permits from the City, Hennepin County, Elm Creek Watershed, Minnesota Department of Health, Minnesota Pollution Control Agency, Metropolitan Council, and any other relevant agency prior to commencing construction activity on the Property. 22) 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, site plan review, and related documents. Dated: May 16, 2023. 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: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-## 4 May 16, 2023 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Cates Ranch Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) [To be platted as Lots 1 and 2, Block 1; and Outlot A, all in Cates Industrial Park, Hennepin County, Minnesota.] MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Erin Barnhart, Finance Director DATE: May 11, 2023 SUBJ: Amendment to Hamel Community Building Maintenance & Operations Agreement Background Christine Schindler took over as the Hamel Community Building Facilities Manager in June of 2020. She has requested an adjustment to her compensation based on the increased number of hours required to facilitate the Hamel Community Building. On average, Christine works 2.5 to 3 hrs. per day, 7 days a week, being compensated around $8/hr. under the current agreement. The current agreement in place with the Hamel Lions was last revised in 2013. Medina currently pays a monthly fee of $350 for maintenance & operations + $175 for cleaning. The Hamel Lions pay $300/month to the Facility Manager. 2022 Revenue: $45,083 2022 Expenditures: $42,679 Recommendation Staff is recommending an increase of $1,000 a month, increasing compensation to ~$21/hr. and that the agreement be paid back retroactively to the 1st of January 2023. Agenda Item #7A ME230-1A-875485.v1 1 SECOND AMENDED HAMEL COMMUNITY BUILDING OPERATION AND MAINTENANCE AGREEMENT THIS SECOND AMENDED HAMEL COMMUNITY BUILDING OPERATION AND MAINTENANCE AGREEMENT (the “Agreement”) is entered into this 17th day of December, 2013 16th day of May, 2023, by and between the city of Medina, a Minnesota municipal corporation (the “City”) and the Hamel Lions Club, a Minnesota non-profit corporation (the “Lions”). This agreement supersedes and replaces all previous agreements. RECITALS WHEREAS, the City owns the Hamel community building (the “Building”) which it constructed for general community social and recreational use; and WHEREAS, the City has insufficient personnel to operate and maintain the Building; and WHEREAS, the City issued a request for proposals (the “RFP”) from interested organizations willing to perform an agreed-upon level of operational and maintenance services in exchange for specified use of the Building; and, WHEREAS, the City considered responses to its RFP and selected the Lions to provide operation and maintenance services for the Building; and WHEREAS, the City and the Lions wish to specify certain terms and conditions relating to the operation; maintenance and use of the Building. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the parties agree as follows: 1. Use of the Building. The Building is available for use by City officials, including its officers, employees, consultants, and agents; residents of Medina; and other members of the general public for meeting, recreational and other purposes in accordance with the Building Use Policy and Fee Schedule (the “Policy”) adopted by the City. The current version of the Policy is attached to this Agreement as Exhibit A. The Policy may be amended from time to time by the City. Notice of any amended Policy shall be sent to the Lions pursuant to section 156 of this Agreement. Except as provided herein, the public shall have full access to the Building excluding the garage area, office, storage and/or mechanical rooms, at times when the Building is open to the public. The City will have full use of the following portions of the Building: (a) Two bathrooms with access from the exterior intended to be used by picnickers, trail walkers and users of the basketball, tennis, and volleyball courts; (b) Open area on south end used as a picnic shelter; ME230-1A-875485.v1 2 (c) Warming house use in conjunction with family skating rink; (d) Exclusive use of one office; (e) Exclusive use of one-half of the garage space; and (f) Parking lot to be used for all park activities. All users of the Building shall abide by the provisions of the Policy. 2. Use charges. Medina public service groups (as defined by the Policy) are entitled to use the Building for any purpose free of charge. Other members of the public may use the Building on a fee basis in accordance with the fee schedule contained in the Policy. All fees shall be payable to the City. 3. Revenue. The proceeds generated from the Building rental fees will be used by the City for its responsibility for Building operational costs. 4. Operation and maintenance. The Lions will provide and will be fully responsible for the cost of the following operational and maintenance services: (a) Scheduling the use of the Building in accordance with the Policy; (b) Collecting and accounting for all the fees and deposits relating to Building use and transmitting such fees and deposits to the City; (c) Providing access to the Building for scheduled users and insuring that the Building is locked up when not in use; (d) Inspecting the Building and equipment conditions after user rental and recommending release of user's deposit or reduction of user's deposit to City if applicable. The Lions will coordinate with the City any withholdings from tenant security deposits for unsatisfactory clean- up. The Lions must document what was not cleaned properly and how long it took to clean the facility. The City will pay the Lions out of a portion of the security deposit withholdings after proper documentation has been submitted to the City. (e) Utilizing a telephone answering system with remote access to schedule use of the Building; (f) Allowing for a meeting time by appointment; and, (g) Watering, weeding and general maintenance of the landscaping immediately surrounding the Building, but not for the costs related to the purchase for replacement or addition of new landscaping, flowers, or plants. ME230-1A-875485.v1 3 (h) Clearing of sidewalks adjacent to the Building prior to a scheduled use when accumulation of snow is less than one inch (1”) or if the City’s contracted service is unable to perform the duties in a reasonable timeframe. (1) Cleaning duties for initial cleaning, weekly, bi-weekly, and monthly cleanings of the Building as proposed in Exhibit B. In addition, the Lions will arrange for clean-up services after the scheduled use of the Building and arrange for regular janitorial or similar interior maintenance services of the Building, including but not limited to stocking supplies and changing light bulbs. All expenses relating to the operations of the Building shall receive approval from the City’s appointed liaison to the Building. There will be no cost to the City for the Lions’ personnel time for arranging these services. The City will provide and will be fully responsible for the cost of the following operational and maintenance services: (a) Writing all checks for operational costs as authorized by the City; (b) Maintaining a separate account for tracking and finding operational costs; (c) Opening and locking the exterior warming house and exterior bathrooms; (d) Removing snow from the parking lot and sidewalks when accumulation exceeds one inch (1”); (e) Mowing the lawn (f) Replacing landscaping flowers and plants when applicable; (f) Repainting; and (g) Providing utility services to the Building, including water, sewer, electric, heat, garbage, recycling, pay phone and cable service. (h) The City will be responsible for all costs related to clean-up services after scheduled use of the Building, regular janitorial or similar interior maintenance services of the Building, including but not limited to supplies and normal items of use. 5. Compensation for Lions services. In return for the Lions' work in the operation and maintenance of the Building, and retroactive to January 1, 2023, the City will pay the Lions, upon receiving a monthly invoice, $350 $1,350 per month for building operations and maintenance services and $175 per month for cleaning services in accordance to Exhibit B, and the Lions will be entitled to the following use of the Building without charge: ME230-1A-875485.v1 4 (a) Up to two scheduled meetings per month and community events, such as blood drives, end of parade reception, and the 5K annual run. Free use of the Building for other community events may be authorized only by specific approval of the City; (b) Exclusive use of one office; (c) Exclusive use of one-half of the garage space; The Lions may secure their storage area at their expense upon receiving any storage construction approval by the City; Access to the storage area by the City shall be allowed for purposes of building operations and maintenance, including access to utilities, or other emergency needs; and, (d) Exclusive use of storage rooms for Building equipment and supplies. In addition to the use authorized in this section 5, the Lions will have the use of the Building on the same basis as offered to the general public in accordance with the Policy. 6. Other General Requirements. (a) The Lions shall provide a list of operating equipment that will be used in the performance of their required activities in the building. (b) Any appliance desired to be connected to the City's electricity can be provided at the Lions expense with prior City approval. (c) The Lions shall not store alcohol in the building. 7. Damage to the Building. All users of the Building, excluding Medina public service groups, must pay a damage deposit prior to the use of the Building in accordance with the damage deposit fee schedule contained in the Policy. Damages to the Building will be paid from the damage deposit funds collected from the' responsible users. Repairs of damages to the Building caused by the negligence of the Lions' personnel will be paid for by the Lions. All other repairs and damage costs will be paid for by the City through a claim process under its insurance for the Building or from other City funds. 8. Insurance. The City shall insure the Building and its grounds as it does all of its other property. The Lions will be responsible for insuring any and all of its personal property brought and maintained in the Building. 9. Indemnification. The Lions shall take all reasonable precautions for the safety of all users of the Building and shall provide reasonable protection to prevent damage to the Building. The Lions hereby agree to defend, indemnify, and hold harmless the City, its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney fees arising out of or resulting from the performance of operation and maintenance services under this Agreement by the Lions, its officers, employees, members, and agents. The Lions agree to maintain adequate insurance against such claims for this purpose and to name the City as an additional insured. Nothing herein shall be construed as waiving any statutory limitation on liability available to the City. ME230-1A-875485.v1 5 10. Taxes and assessments. The Building is owned by the City and is exempt from real estate taxes. Any special assessments that may be levied against the Building will be payable by the City. 11. Terms of contract. The term of this Agreement is two-years from the date first written above, subject to an annual review and rolling two-year extension. 12. Termination. Either party may terminate this Agreement upon 60 days written notice to the other party. 13. Assignment. The Lions shall not assign all or any portion of this Agreement without the City's prior written consent, which consent the City may withhold at its sole discretion. 14. Governing law. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. 15. Integration. This Agreement represents a complete and final agreement of the parties and except as provided in section 12 above may be supplemented, amended, or terminated only by a separate written agreement of the parties, and any prior agreements between the parties related to the subject matter of this Agreement shall be considered null and void. 16. Notice. Any notice required by this Agreement shall be effective and deemed given if made by personal service or by deposit in the U.S. mail, postage prepaid, and sent to: (a) As to the City: City of Medina 2052 County Road 24 Medina, Minnesota 55340 Attn: City Administrator (b) As to the Lions: Hamel Lions P.O. Box 301 Hamel, MN 55340 Attn: Hamel Lions President ME230-1A-875485.v1 6 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. CITY OF MEDINA By: _________________________________ Kathleen Martin, Mayor By:___________________________________ Scott T. Johnson, City Administrator HAMEL LIONS CLUB By:___________________________________ Greg DeVos, President ME230-1A-875485.v1 7 Exhibit B City of Medina Scott Johnson City Administrator 2052 County Road 24 Medina, MN 55340 Proposed Monthly/weekly cleaning and maintenance for the Hamel Community Building. Weekly duties include; Restrooms: wipe all sinks, counters, mirrors, toilets, doors. Fill hand soap, toilet paper and hand towels. Kitchen: wipe all sinks, counters, refrigerators, microwave, coffee maker. Check walls and floors, clean if necessary. Main hall: Vacuum carpets and entry way if not completely suitable. Clean main entry doors and windows. Check tables and chairs for proper stacking. Outside restrooms: Check for cleanliness, empty garbage, wipe toilets, sinks, floors if necessary. Replace paper products and soap as needed. Monthly duties: Change all furnace filters/Air condition filters. Vacuum entire floor, floor mats and all sides/corners. Carpet clean problem areas. Check chairs for spots and spills. De-lime drinking fountains and hand sink in kitchen. Sweep storage areas, mop if needed. Clean utility room and stock cleaning and paper products for patrons. Sweep spider webs/dirt from outside of building and veranda. Pick up garbage from building grounds and parking lot. Pick up dumpster/garbage area and recycle. Dust all blinds (within reach), sills of windows as needed. Currently, I have been checking the outside restrooms used by the public only weekly. I believe they need checking at least 2-3 times per week as the summer months have heavy usage and the winter months also include the warming room. The increase in this maintenance would increase my monthly rate to 175.00 per month. Thank you for your consideration. Sincerely, Suzie Sween Hamel Lions Hamel Community Building Manager 1 TO: Honorable Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: May 11, 2023 MEETING: May 16, 2023 SUBJECT: Green River Greening Grant Opportunity - Medina Lake Preserve Summary Great River Greening (GRG) leads community-based restoration of prairies, forests, and waters throughout Minnesota and is currently developing its proposals to the Outdoor Heritage Fund and Environment and Natural Resources Trust Fund. GRG has a 25+ year track record of helping public and private landowners with ecological expertise, funding, and community engagement, and they want to continue to expand their geographic footprint as well as support new and existing partners. Project areas often involve park lands, natural areas, wildlife refuges, nature centers, and other comparable lands. The Park Commission is always on the lookout for grant opportunities to supplement the parks budget and in February directed Staff to inquire about a partnership opportunity with GRG. In March Lisa DeMars and I met with GRG for consideration to be included in their projects plan for State proposals. We decided to focus on the 14 acres of trees located in Medina Lake Preserve for forest reestablishment and enhancement. We coordinated a site visit in April and met with GRC again on May 10th to review their 5-year work plan proposal. The grant project submittal is a 1.5-year process. Hearings are set for September, October, December, and March 2024 where the council will discuss and ultimately make a final recommendation. Upon finalized funding, GRG will draft a cooperative agreement for the City’s review and approval. The City will then have two weeks to respond. The 2023 Park Commission goal established for this area is to begin clean-up of the buckthorn infested woods, make a trail head, and plan for a pavilion. All agree this location will be a great amenity for residents to go out and enjoy. The Diamond Lake trail is also planned for this immediate area, so the restoration would benefit the neighborhoods on this side of town, plus trail traffic from surrounding areas. I am asking the City Council to approve a letter of recommendation in support of the proposal prior to the Park Commissions recommendation because the deadline for submittal to the State is May 26th. Funds are identified in the 2023 and 2024 CIP for cleanup of this park. Staff has had discussions with the park commission, and we will follow up with a formal Park Commission recommendation after the next regular scheduled meeting on June 21. MEMORANDUM Agenda Item #7B 2 Staff Recommendation • Motion to direct Staff to draft a letter of recommendation to Great River Greening in support of their proposed forest restoration 5-year work plan for Medina Lake Preserve. Attachments • Great River Greening Proposed Forest restoration 5-year work plan for Medina Lake Preserve. May 17, 2023 Great River Greening Attn: Todd Rexine 251 Starkey Street, Suite 2200 St Paul, MN 55107 RE: MEDINA LAKE PRESERVE WORK PLAN PROPOSAL LETTER OF SUPPORT Mr. Rexine: Thank you for meeting with Lisa and I to explain the grant process, for performing the site visit, and for providing the Medina Lake Preserve Work Plan Proposal. We are delighted to be considered in your combined proposal this year for grant funding via the Outdoor Heritage fund. We understand the process entails hearings over the next several months, and upon finalization, the City will receive a cooperative agreement including the total budget and minimum match requirement needed. The City of Medina is excited and supports the potential to partner with Great River Greening we look forward to updates after the hearings. Sincerely, Steve Scherer Public Works Director Medina Lake Preserve Total Site Acres: 14 Forest reestablishment and enhancement Site Observations April 19,2023: • Forested knoll surrounded by Reed Canary Grass (RCG) dominant wetland complex. Overall site is about 14 acres with separated forested areas totaling 8 acres. • “Forested” areas have buckthorn encroachment to varying degrees and age class. The western edge appears to be denser and older. • Isolated ticket of older large buckthorn along southwestern edge of wetland. • Open areas are a mix of mowed blue grass and reed canary – o Large, mowed areas to the east are an opportunity for reforestation in mowed reed canary areas and closing the canopy. o Overall trail loop is the size of 2 lane road. Is this needed for access or can it be lessened to one pass with a mower? • Overall the site is indicative of former grazed woodland pastureland. Younger tree species are all of similar age class with in the past 20-30 years. Thickets of prickly ash present on edges. • Access from the new parking lot in Marsh Pointe subdivision would make easy access for equipment and a trailered biochar kiln to assist in processing removal of invasive tree species. • Green ash are on site. No recommendations on removing unless there is concern of them becoming future hazard trees. Trees would be monitored for signs of emerald ash borer during any work on site. Species observed 4/19/2023: • Black Cherry • Black Maple o Own species or subspecies of Sugar Maple depending on source • Ironwood • Hawthorn • Green Ash • Red Oak • Bladdernut o (seed pods found on site further on site verification required) • Ramps • Virginia waterleaf • Garlic mustard • Geum sp. Looking at DNR plant communities, Historically the site appears to be MHs38b Basswood-Bur Oak (Green Ash) Forest. The indicator species include ramps, Virginia waterleaf, and bladdernut. Green ash is supposed to be the most abundant canopy trees, basswood and red oak is also supposed to be common, and there can also be sugar maple, bur oak and white oak. The subcanopy has abundant ironwood and occasional basswood, and sometimes blue beech, American elm, red elm, and bitternut hickory. Proposed Forest restoration work plan for Medina Lake Preserve 1. Project oversight by Great River Greening Ecologist i. Draft a Natural Resource Management plan and work plan for 5 years of funded work as well as 10 years post grant funding. ii. Grant administration, reporting and document storage for 7 years after grant close. iii. Draft, release, and award public RFB (Request for Bid) and specifications to hire a qualified natural resources service provider to implement prescribed restoration activities. iv. Oversee implementation of workplan by service provider and act on City’s behalf over course of implementation. 2. Contracted work i. Invasive tree & shrub removal through cut and stump treat. ii. Select tree thinning removal of large single species stands of similar age class. iii. 50% Dead fall removal iv. Material would be processed on site with biochar kilns. If this option is not available material will be chipped and removed to compost facility. v. Seeding of perimeter and partial shade areas of infested areas with native grass mix vi. 1st year follow up in late summer with cutting of any resprouts or seedlings. vii. Mid to late fall selective herbicide follow up on any resprouts or seedlings (2-3yrs). 3. Two volunteer events (50-100volunteers each) i. Woodland/Forest nursery plot plantings in 10x10 fenced areas to protect from deer and rabbits. • As plants mature within caged areas future site volunteers/stewards can divide and replant across the site. ii. Tree and shrub planting. • Reforest area of intense removal, as well as in larger tracks of grass to reduce the amount area needing to be mowed for trails. Material stock would be a combination of bare root and container depending on availability of specific species. $172,000 Total proposed budget: $150,000 Recommended grant request for work as prescribed $ 22,000 Min match requirement needed. All plans, specifications and documents will be shared with the City of Medina for documentation of work and for building future staff knowledge. For all planting and seeding species resiliency in a warming climate will be considered when selecting species and source of material. If the proposal is approved for funding request funds would become available July 1, 2024, and be available for 5 years through June 30, 2029. greatrivergreening.org Great River Greening | 251 Starkey Street | Suite 2200 | Saint Paul, MN 55107 Great River Greening About Us Our mission is to inspire, engage, and lead local communities in conserving and caring for the land and water that enrich our lives. There has never been a more critical time to strengthen our shared greenspaces. At Great River Greening, we harness the power of community engagement to lead science-based habitat restoration throughout the state of Minnesota. We bring people from all walks of life closer to the natural world around them. As a leader in community-driven projects, we know this work, together, creates a lasting dedication to Minnesota’s land and water. Great River Greening began in 1995 as a project to “Green the Great River”. Over 10,000 volunteers planted 35,000 trees along the Saint Paul Mississippi River Valley, which sparked an even grander vision. Now we restore 2,000 acres of critical habitat annually alongside 2,500 volunteers. Great River Greening has grown to become Minnesota’s leader for community-based conservation. Our youth programming inspires over 1,000 future environmental stewards each year. Our ecologists give youth the hands-on education they need to nurture the environment beyond one place or one event, but continuously in their own neighborhoods and communities. Great River Greening | 251 Starkey Street | Suite 2200 | Saint Paul, MN 55107 greatrivergreening.org Great River Greening About Us VOLUNTEER PROGRAMS Each year, Great River Greening engages thousands of volunteers to participate in stewardship events in their own communities. We reach deep, partnering with civic organizations, schools, businesses, nonprofits, and government agencies. Since we began, we have engaged over 45,000 volunteers, of which 12,000 are youth and young adults. YOUTH PROGRAMS Great River Greening helps hundreds of youths each year. We are dedicated to inspiring the stewards of tomorrow with hands-on activities and classroom instruction. We bring teens outdoors and inspire a commitment to their natural world. CONSERVATION PROGRAMS Our ecologists manage over 60 restoration projects a year, focusing on Minnesota’s most threatened natural areas. Through a science-based approach, we transform degraded habitat into beautiful, resilient outdoor places for people to connect with nature. While each project is unique, we address Minnesota’s more pressing environmental challenges: • Water quality along the Mississippi and Minnesota Rivers • Declining pollinator habitat and health • Climate change that results in extreme weather and excessive flooding • Threatened public green spaces, including regional parks, trails, and wildlife areas • Engaging marginalized communities in environmental stewardship Planning Department Update Page 1 of 2 May 16, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: May 11, 2023 MEETING: May 16, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has submitted preliminary plat and site plan review for a 310,000 square foot warehouse/office development east of Willow Drive, north of Chippewa Road. The Planning Commission held a public hearing at the March 14 meeting and recommended approval. The City Council reviewed on April 18 and directed staff to prepare approval documents. Staff intends to present the approval docs at the May 16 meeting. B) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public hearing when complete, potentially at the June 13 Planning Commission meeting. C) 2382 Highway 55 Rezoning – Alexander Petrashov has requested to rezone the subject property from the Commercial-Highway (CH) district to the Business (B) district. The subject site is guided Business in the City’s comprehensive plan. A public hearing is scheduled for the June 13 Planning Commission meeting. D) Reflections Dental Site Plan Review – 872 Highway 55 - Nitya Investments has applied for a Site Plan Review to construct a new commercial building. The existing building is proposed to be demolished and the site redeveloped. Staff is conducting preliminary review and will present to Planning Commission when complete, potentially at the June 13 meeting. E) School Lake Nature Preserve 3rd Addition and PUD Amendment – School Lake Nature Preserve LLC has requested to separate the area of the formal garden from one of the lots within the development. The garden area is proposed as a stand alone outlot. Staff is conducting preliminary review and will present to Planning Commission when complete, potentially at the June 13 meeting. F) Meander Park and Boardwalk – Meander Rd, east of Arrowhead Dr – Medina Ventures had requested PUD General Plan and Preliminary Plat approval for a development to include four residential units north of Meander Rd, and commercial uses south of Meander Rd including a venue, restaurant, daycare, and speculative retail space. The City Council granted amended PUD and Final Plat approval at the April 18 meeting. Staff will work with the applicant to finalize the conditions of approval in anticipation of construction this summer. G) Loram/Scannell Medina Industrial – Loram and Scannell have submitted materials for the City to prepare an EAW for a warehouse/industrial development east of Arrowhead Drive, south of Highway 55, to the south of Loram’s existing facility. The council granted approval of the preliminary plat and site plan review at the February 7 meeting. The Council granted final plat approval on 5/2/2023. Staff will work with the applicant on conditions of approval. The applicant hopes to start construction in June. H) 3844 Linden Dr E. – Highlands PUD Amendment – Joe McCusker has requested an amendment of the design standards of the Medina Highlands PUD to allow a deck to extend off the side of his twinhome unit. The amendment would apply only to this lot. The Planning MEMORANDUM Planning Department Update Page 2 of 2 May 16, 2023 City Council Meeting Commission held a public hearing at the April 11 meeting and City Council approved on May 2. The project will now be closed. I) 562/552 Hwy 55 lot rearrangement – Tom and Margaret Dykhoff have requested a lot line rearrangement between two adjacent parcels. The Council granted resolution of approval at the April 4 meeting. Staff will coordinate with applicant to record necessary documents. J) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an amendment to their approved site plan review. The applicant has submitted updated architectural information based on the City’s updated regulations pertaining to architectural elements. The applicant has also proposed minor adjustments to the site layout previously approved. The Council reviewed at the November 9 meeting and recommended approval. The Council approved the amended Site Plan Review at the December 6 meeting. The applicant has indicated that they intend to start construction during the spring of 2023. K) 500 Hamel Road Apartment Concept Plan – Medina Apartments LLC has requested review of a concept plan review for development of a 97-unit apartment building at 500 Hamel Rd. The Planning Commission held a public hearing at their August 10 meeting and Council provided comments on August 16. The developer met with neighbors on September 12 and the parties have indicated that they will meet again to discuss the project. L) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final plat approval for a 30-unit townhome development. The Council granted final plat approval on August 16. Staff will work with the applicant to finalize documents prior to beginning of construction. M) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. N) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Bamboo Early Childhood – the applicant has requested Administrative Site Plan Review approval to convert existing home at 562 Highway 55 into a daycare facility. Review is near completion and the applicant has expressed appreciation for Deb and Jim’s comments, because it has improved the site layout. B) Peg’s Countryside Café Addition – Rene Calle has requested Administrative Site Plan Review for an addition to the rear of Peg’s Countryside Café. Materials are currently incomplete and staff is awaiting updated information to review. C) CommonBond TIF and Fee Waiver requests – staff presented the request for fee waivers at the May 2 worksession and if compiling information for the TIF request at the June 6 MEDA meeting. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: May 11, 2023 RE: Police Department Updates These past two weeks officers have been busy with medicals and traffic complaints. As the weather gets nicer, things tend to pick up on the roadways and officers have been busy with traffic enforcement. We have taken the speed trailer out of winter storage, and it will be placed in areas around the city where we have been getting speeding complaints. Each year we have a standard list of areas that we use the trailer to educate the public. Not only does the speed trailer act as a deterrent, but it also assists us in data collection which we can then use to show citizens that sometimes speed is more of a perception problem than an actual one. On May 5th, Andrew Scharf turned in his resignation and his last day will be May 18th. Officer Scharf has been with the agency for a total of 6.5 years in both a community service officer and patrol officer role. This past year he was our investigator and has done a great job. He leaves in good standing, and he will be missed. Officer Jordan Myhre has been moved into investigations. This past week Officer Scharf was advised by the Hennepin County Attorney’s Office that the murder case that he had been working on has been approved to upgrade the charges to First Degree Murder. The case will be presented to the Grand Jury in the coming weeks. The suspect has been in custody since the incident. Sergeant Boecker advised that this years’ squad cars that we ordered have been received. We will start tearing down and setting up the new squads soon. Thankfully, it appears that the squad shortage that we encountered last year is slowly getting better. As we phase out the older squads, you will see our new squad design on more cars. We have had a lot of positive feedback about the new squad design since making the switch last year. Patrol: The following are updates of Patrol Officers between April 26, 2023 and May 10, 2023: Citations – 25 Warnings – 117 PD Accidents – 4 PI Accidents – 0 Medicals – 4 Falls – 6 Suspicious Calls – 5 Traffic Complaints – 0 Other Agency Assists – 13 Business/Residential Alarms - 9 Fire Alarms - 2 Welfare Checks - 5 On 04/26/2023, at 1308 hours, officer took a fuel no pay report at Kochs Korner, 4355 Highway 55. Officer learned a male pumped more than $91 in fuel into a pickup truck and left without paying. Employees were able to provide a license plate. Officer eventually made contact with the truck owner who stated he thought he had paid with a credit card at the pump. The male contacted Kochs Korner, and the fuel was paid for in full. On 04/27/2023, at 1921 hours, officer was called to a welfare check at Holiday, 1300 Baker Park Road. Upon arrival officer recognized the male in question as a male from Mound with mental health issues who has had a history of wandering away from home on foot. The male was confused and said he was having leg pain. An ambulance was called, and the male was transported to the hospital for an evaluation. On 04/30/2023 officer was dispatched to an overdose in the 300 block of Cherry Hill Court. Upon arrival officer learned an adult male believed to have attempted suicide by ingesting numerous prescription medications. The male began losing consciousness while the officer was attempting to evaluate him. North Ambulance arrived and transported the male to the hospital. On 05/02/2023, at 0157 hours, officer stopped a vehicle for traffic violations along County Road 116. Adult female driver showed signs of being impaired by alcohol and was ultimately arrested for DWI. Driver later submitted to a DMT breath test showing a BAC of .16, twice the legal limit. She was booked into Hennepin County Jail. On 05/02/2023, shortly after 2100 hours, officers were dispatched to a welfare check in the 500 block of Clydesdale Circle. A 6-year-old called 911 reporting awakening from a nap and not able to find their mother. Officers arrived on scene and were speaking with the child when the mother pulled into the driveway. She reported she had to go to Wayzata School to pick up another child and left the younger child sleeping and was only gone a few minutes. The mother did have an interior camera system in the home to be able to monitor the child. On 05/03/2023, at 0958 hours, officer was dispatched to an expected death in the 4500 block of Pioneer Trail. A 79-year-old male with medical issues was discovered deceased by his son. No foul play was suspected, and after consultation with the Hennepin County Medical Examiner a funeral home was contacted to respond to the residence. On 05/03/2023, at 2146 hours, officer on routine patrol came upon two people actively fighting in the parking lot of Hamel Legion Park. When officer got closer, he found two juveniles had boxing gloves on and were sparring. Officer identified the males and advised them to find a better place to spar and not to do it out in public. On 05/05/2023, at 0630 hours, officer was dispatched to a report of a female down in the area of Highway 55 and Arrowhead Drive. Officer arrived and found an elderly female who said she was attempting to walk from Okalee to the Medina Target when she lost her footing and fell down. She was provided transportation back to Okalee. On 05/06/2023, at 0126 hours, officer stopped a vehicle for traffic violations on Sunset Lane just off of Townline Road. Officer determined the male was believed to be intoxicated and asked him to step out of the car to perform field sobriety tests. The male became confrontational and attempted to run from the officer. The officer held the male at Taser point until backup arrived and the male was arrested for DWI and obstruction. The male later refused to submit to a breath test after continuously berating the officer, calling him names, and at one point tossed his phone at the officer in the booking room. The male was transported to Hennepin County Jail. On 05/09/2023, at 2250 hours, officer was dispatched to a property damage accident on County Road 24 at County Road 19. Upon arrival, officer learned a female was westbound on County Road 24 when she failed to stop for the stop sign at the T-intersection and went straight ahead into the ditch. The female was found to be intoxicated and was arrested for DWI. She later submitted to a breath test which showed a BAC of .19. She was booked into Hennepin County Jail. Investigations: Attended Regional Response to Mass Casualty/Active Threat Training. Attended Digital Evidence Collection training. Attended Emergency Medical Response Refresher Received an employee theft case. Continuing to identify victims in high dollar property cases. Received and closed a missing person case. Received a criminal sexual conduct case. Investigations currently have 7 active/open cases. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: May 11, 2023 MEETING: May 16, 2023 SUBJECT: Public Works Update Streets • Staff will bring the council up to speed on the Hackamore Road project at the work session. • The Clydesdale Trail, Foxberry Farms, Medina Highlands, Meadowwoods Trail, and Cheyenne Trail projects have begun. Curb replacement is in progress, and we plan to be paving the week of the 22nd on the rural section streets, and the following week for the urban streets. Public Works has been extremely busy prepping the streets, raising and repairing water valves, catch basins and manholes. • Street sweeping has started in some areas and will be completed throughout the City over the next few weeks. Water/Sewer/Stormwater • Staff have been working with our sub-contractor to perform sewer cleaning services in the Foxberry area. Public Works had to remove many mineral deposits in those manholes. Several leaks have been identified and will need to be sealed up in the months to come. The Medina Morningside and County Road 19 cleaning will start in the next week or two. • The filter media replacement at the treatment plant is now complete; we will schedule a walk though prior to the final pay request. • 2023 Clean-up day was a success. Lisa is gathering collection data to be shared in the next update. • Lisa is finalizing the boy scout educational outreach and project to mark storm drains in the Foxberry neighborhood. Parks/Trails • Spring cleanup in the parks has been completed and we received a compliment on our service contractor for their cleanup efforts. • The pickleball court is scheduled to be coated next week. We should be open for business shortly thereafter. • Included in your packet is a memo regarding the grant opportunity through Green River Greening for a project at Medina Lake Preserve. • The annual park commission tour is on Wednesday, May 17. The tour is in lieu of the regular scheduled meeting. MEMORANDUM ORDER CHECKS MAY 2, 2023 – MAY 16, 2023 054280 CASH......................................................................................... $400.00 CLEAN-UP DAY CASH BOX 054281 ASLAM, SHAZIA ........................................................................ $500.00 054282 ALL TRAFFIC SOLUTIONS INC ................................................ $600.00 054283 HARTMAN HOMES .............................................................. $10,000.00 054284 HENN COUNTY TREASURER ............................................... $5,243.00 054285 LAW ENFORCEMENT LABOR .................................................. $607.50 054286 US HOME CORP .................................................................. $10,000.00 054287 PULTE GROUP .................................................................... $10,000.00 054288 ROLF ERICKSON ENTERPRISES INC ................................ $10,909.73 054289 STANDARD INSURANCE COMPANY .................................... $1,152.20 054290 BODALLA, KARTHIK REDDY .................................................... $775.00 054291 BURIDI, SHEELA ....................................................................... $975.00 054292 COLLINS, CAITLYN .................................................................. $250.00 054293 DESHMUKH, KIRTIBALA .......................................................... $500.00 054294 ESCOBAR, ARIADNA ................................................................ $150.00 054295 FARMERS STATE BANK OF HAMEL ....................................... $250.00 054296 JD DOSSIER HOLDINGS LLC ............................................. $12,213.50 054297 GAIL KNAPPENBERGER ....................................................... $1,000.00 054298 MARK OF EXCELLENCE HOMES ......................................... $5,750.00 054299 NAPA OF CORCORAN INC ........................................................ $37.56 054300 OPEN SYSTEMS INTERNATIONAL..................................... $10,000.00 054301 PAELLA DEPOT ........................................................................ $500.00 054302 RIZVI, ALINA ............................................................................. $150.00 054303 RODBERG, JILL ........................................................................ $350.00 054304 SHAHDADPURI, RIYA ............................................................ $1,075.00 054305 SUHRWARDY, AMBEREEN ...................................................... $150.00 054306 TUCKBOROUGH FARMS HOA INC .......................................... $250.00 054307 VUYYURU, VENKATA ............................................................... $335.00 054308 ABDO ................................................................................... $16,000.00 054309 ADAMS PEST CONTROL INC .................................................. $285.11 054310 AMERICAN MAILING MACHINES ............................................. $473.53 054311 BAILEY NURSERIES, INC. ..................................................... $5,275.44 054312 BEAUDRY OIL & PROPANE .................................................. $2,769.70 054313 BLUE CROSS BLUE SHIELD OF MN ................................... $42,395.46 054314 BOYER FORD TRUCKS INC ..................................................... $355.97 054315 CONTEMPORARY IMAGES ...................................................... $701.73 054316 DINIUS FENCE LLC ............................................................. $16,800.00 054317 DITTER COOLING & HEATING.............................................. $1,214.20 054318 EARL F ANDERSEN INC ....................................................... $1,177.90 054319 GOPHER STATE ONE CALL .................................................... $309.15 054320 GRAINGER................................................................................ $531.00 054321 GUARDIAN FLEET SUPPLY LLC ........................................... $1,509.00 054322 HAMEL LUMBER INC ................................................................ $403.78 054323 HAMEL LIONS CLUB ............................................................. $1,525.00 054324 HAWKINS INC. ....................................................................... $3,551.81 054325 HENN COUNTY INFO TECH .................................................. $2,407.07 054326 MATTHEW E HUNZ .................................................................. $275.00 054327 INTERSTATE POWER SYSTEMS INC ................................ $64,000.00 054328 KD & COMPANY RECYCLING INC ........................................ $1,274.97 054329 KENNEDY & GRAVEN CHARTERED .................................. $17,775.40 054330 JOSEPH M KITTOK ................................................................... $235.00 054331 LANO EQUIPMENT INC ............................................................ $335.00 054332 LEXISNEXIS RISK DATA MGMT INC .......................................... $42.50 054333 CITY OF MAPLE PLAIN ............................................................ $852.32 054334 METROPOLITAN COUNCIL ................................................. $39,362.40 054335 METROPOLITAN COUNCIL ................................................. $36,562.86 054336 NANCY JEAN & ROGER MILLER .......................................... $3,898.40 054337 NELSON ELECTRIC MOTOR REPAIR .................................. $1,845.20 054338 NORTH MEMORIAL .................................................................. $160.00 054339 CITY OF ORONO ................................................................... $1,514.65 054340 RCM SPECIALTIES, INC. ..................................................... $14,900.00 054341 SOLUTION BUILDERS INC .................................................... $5,279.40 054342 STAR TRIBUNE........................................................................... $64.77 054343 STREICHER'S ........................................................................ $1,011.69 054344 TALLEN & BAERTSCHI .......................................................... $3,863.88 054345 TIMESAVER OFFSITE .............................................................. $310.50 054346 WESTSIDE WHOLESALE TIRE ................................................ $928.44 054347 WSB & ASSOCIATES ........................................................... $46,266.00 Total Checks $422,567.72 ELECTRONIC PAYMENTS MAY 2, 2023 – MAY 16, 2023 006819E FURTHER .............................................................................. $2,177.39 006820E PR FED/FICA ....................................................................... $20,632.56 006821E PR MN Deferred Comp ........................................................... $3,357.00 006822E PR STATE OF MINNESOTA .................................................. $4,630.23 006823E CITY OF MEDINA ........................................................................ $24.00 006824E PR PERA .............................................................................. $21,052.79 006825E FARMERS STATE BANK OF HAMEL ......................................... $20.00 006826E PR PERA .............................................................................. $21,353.98 006827E PR FED/FICA ....................................................................... $21,178.60 006828E PR MN Deferred Comp ........................................................... $3,582.00 006829E PR STATE OF MINNESOTA .................................................. $4,714.83 006830E CITY OF MEDINA ........................................................................ $24.00 006831E FURTHER .............................................................................. $2,677.39 006832E MN CHILD SUPPORT PAYMENT ............................................. $803.76 006833E CENTURYLINK.......................................................................... $269.07 006834E CIPHER LABORATORIES INC. .............................................. $1,407.00 006835E CIRCLE K FLEET ................................................................... $1,119.39 006836E CULLIGAN-METRO ..................................................................... $38.70 006837E FARMERS STATE BANK OF HAMEL ....................................... $150.00 006838E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 006839E FRONTIER .................................................................................. $57.52 006840E FURTHER ................................................................................... $58.75 006841E MARCO (LEASE) .................................................................... $1,970.95 006842E MEDIACOM OF MN LLC ........................................................ $1,085.95 006843E PAYMENT SERVICE NETWORK INC .................................... $1,585.03 006844E THE VALVOLINE COMPANY 68 ............................................... $153.05 006845E XCEL ENERGY ...................................................................... $2,922.44 Total Electronic Checks $118,046.38 PAYROLL DIRECT DEPOSIT MAY 10, 2023 0512702 MILINKOVICH, JACOB .............................................................. $856.26 0512703 WIESE, TANNER L .................................................................... $812.40 0512704 ALBERS, TODD M. .................................................................... $230.87 0512705 ALTENDORF, JENNIFER L. ................................................... $1,171.01 0512706 BARNHART, ERIN A. ............................................................. $2,882.60 0512707 BOECKER, KEVIN D. ............................................................. $2,909.71 0512708 CAVANAUGH, JOSEPH ............................................................ $230.87 0512709 CONVERSE, KEITH A. ........................................................... $2,202.43 0512710 DEMARS, LISA ....................................................................... $1,614.86 0512711 DESLAURIERS, DEAN .............................................................. $230.87 0512712 DION, DEBRA A. .................................................................... $2,198.98 0512713 ENDE, JOSEPH...................................................................... $2,127.82 0512714 FINKE, DUSTIN D. ................................................................. $3,122.31 0512715 GLEASON, JOHN M. .............................................................. $2,543.21 0512716 GREGORY, THOMAS ............................................................ $2,321.20 0512717 HALL, DAVID M. ..................................................................... $2,296.68 0512718 HANSON, JUSTIN .................................................................. $2,865.47 0512719 JOHNSON, SCOTT T. ............................................................ $3,022.87 0512720 KLAERS, ANNE M. ................................................................. $1,771.21 0512721 LEUER, GREGORY J. ............................................................ $2,138.07 0512722 MARTIN, KATHLEEN M ............................................................ $327.07 0512723 MCGILL, CHRISTOPHER R. .................................................. $1,809.79 0512724 MCKINLEY, JOSHUA D .......................................................... $2,207.57 0512725 MYHRE, JORDAN J ............................................................... $2,469.63 0512726 NELSON, JASON ................................................................... $3,044.15 0512727 RATKE, TREVOR J ................................................................ $2,288.33 0512728 REID, ROBIN ............................................................................. $230.87 0512729 REINKING, DEREK M ............................................................ $2,413.31 0512730 RUCKE, MARIA ...................................................................... $1,866.70 0512731 SCHARF, ANDREW ............................................................... $2,394.54 0512732 SCHEIBE, CONNIE L ............................................................. $1,599.50 0512733 SCHERER, STEVEN T. .......................................................... $2,730.26 0512734 VINCK, JOHN J ...................................................................... $1,966.95 0512735 VOGEL, NICHOLE .................................................................. $1,077.11 0512736 WALKER, CAITLYN M. ........................................................... $2,056.30 0512737 BURSCH, JEFFREY ............................................................... $2,224.43 Total Payroll Direct Deposit $68,256.21